ORDERS:
ORDER OF DISMISSAL
The parties to this case have reached a compromise settlement of the issues presented, and request that
their agreement be made a part of this Order. The agreement is as follows:
- All of the permits for docks at Polawana Island shall be amended to add the following special
condition:
Prior to any construction, the permittee shall stake out the proposed dock location and arrange for an
inspection by OCRM staff; no construction shall occur until OCRM staff has approved the location in
writing as the least damaging location as to shellfish resources.
- The dock permits that contain a special condition allowing roofs up to a maximum height of 15'
above mean high water shall be amended to limit roofs to a maximum of 12' above mean high water.
The permits affected by this change include the following:
OCRM-99-1089 Robert Carlton
OCRM-99-1090 David and Joann Dubeck
OCRM-99-1091 Wayne Webb
OCRM-99-1093 Alex Darnell
OCRM-99-1094 Paul Keyserling
OCRM-99-1118 Elbert Cunningham
OCRM-99-1121 William Powell
OCRM-99-1179 Marcia Hale
OCRM-99-1180 Walter Cunningham
- In order to comply with OCRM Regulation 30-12.A.(2)(q), the following permits will be amended to
limit the total size of the docks (pierhead plus any floating dock(s) to the size listed below as the
"New Limit":
Permit No. Creek Width Permitted New Limit
00-1E-044-P 54' 260 sq.ft. 160 sq.ft
OCRM-99-1089 50' 260 120
OCRM-99-1092 80' 260 160
OCRM-99-1093 135' 260 160
OCRM-99-1096 50' 260 120
OCRM-99-1097 45' 260 120
OCRM-99-1099 110' 260 160
OCRM-99-1177 50' 180 120
In accordance with this agreement, OCRM shall amend the affected permits as indicated herein.
Now, therefore, upon the joint motion and consent of the parties, this case is hereby dismissed, with
prejudice except as to enforcement of the terms of the agreement stated herein.
AND IT IS SO ORDERED.
__________________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
June 7, 2001
Columbia, South Carolina |