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:
F. Richard Redden et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
F. Richard Redden, David H. McNair and Hobcaw Creek Plantation Home Owners Association

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, and Anthony Whitfield
 
DOCKET NUMBER:
00-ALJ-07-0220-CC

APPEARANCES:
Frank M. Cisa
Cisa & Dodds, LLP
622 Johnnie Dodds Blvd.
Mt. Pleasant, SC 29464

David H. McNair
Hobcaw Creek Plantation Home Owners Association


John J. Simkovick, President
F. Richard Redden
SCDHEC-OCRM

Leslie W. Stidham, Esquire
 

ORDERS:

ORDER OF DISMISSAL

The Petitioners, F. Richard Redden, David H. McNair and the Hobcaw Creek Plantation Home Onwers Assosciation requested a contested case hearing, which request was filed with the Administrative Law Judge Division on May 2, 2000.



It appears that the Petitioners sought the contested case hearing as they erroneously believed that the critical area permit issued by the SCDHEC - OCMR on April 10, 2000, would allow the construction of the dock to extend further into the channel than the permitees' adjacent property owners, Robert and Billy Wolfe.



The Petitioners have now reviewed the permit and note that the special condition on Page 1 of the permit provides that the subject dock shall not extend any further channelward than the Wolfe dock. This special condition takes priority over the drawings attached to the permit.



Based upon the Petitioners' understanding that the special condition of the subject permit does not allow the subject dock to extend any further channelward than the Wolfe's dock, the Petitioners are agreeable to withdrawing their request for a contested case hearing and also their objections to the subject permit being issued.



Now, on motion of Frank M. Cisa, Attorney for the Respondent Anthony M. Whitfield, and with the consent of Leslie W. Stidham, Attorney for SCDHEC-OCRM, and with the consent of the Petitioners F. Richard Redden, David H. McNair and Hobcaw Creek Plantation Home Owners Association, it is hereby



ORDERED that the above contested case is hereby dismissed and it is further







ORDERED that the issuance of the private dock-construction permit, P\M OCRM,00-157J, with the special condition that provides that the subject dock shall not extend any further channelward than the Wolfe dock is upheld.





AND IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge



June 6, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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