South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Stephen Kimmel vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Stephen Kimmel

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
00-ALJ-07-0008-CC

APPEARANCES:
Leslie Stidham
Staff Attorney

Steve Kimmel
Petitioner
 

ORDERS:

CONSENT ORDER

This matter is before me by consent of all parties for entry of a Consent Order. This is a contested case matter in which the Petitioner sought review of OCRM's conditional issuance of permit number OCRM-99-390-G, to replace a private dock at 5841 Shark Hole Road in Meggett, Charleston County, South Carolina. The dock as permitted was to terminate 25' from the edge of high ground, so as to avoid crossing a navigable creek.



After revisiting the site, OCRM has determined that the dock, as proposed by Mr. Kimmel, will not obstruct navigation or cross a navigable creek as defined by Reg. 30-12(A)(2)(n). Therefore, the parties agree that the dock will be built according to the following:



1) the existing dock that is to be replaced will be removed prior to construction of the new dock;

2) the dock will consist of a 4' wide walkway with handrails, a 6' x 10' pierhead

with a hip roof, a 3' x 20' ramp leading to an 8' x 10' floating dock, and a 6' x 8'

single-pile boatlift;

3) it shall extend to Shark Hole Creek, and may not extend into the channel more

than 25% of the channel's width;

4) the dock shall remain within Mr. Kimmel's extended property lines.



The parties agree that this Order shall be binding on the Petitioner's heirs and assigns.



THEREFORE, it is ORDERED that permit number OCRM-99-390-G is issued as modified above.







RAY N. STEVENS

Administrative Law Judge

April 3rd, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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