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:
John Freund et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
John Freund et al.

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management et al.
 
DOCKET NUMBER:
00-ALJ-07-0250-CC

APPEARANCES:
James S. Chandler, Jr.
Attorney for the Petitioners

Ellison D. Smith, IV
Attorney for the Respondents

Mary D. Shahid
Attorney for DHEC OCRM
 

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


Brown Bldg.

 

 

 

 

 

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