ORDERS:
AMENDED ORDER OF DISMISSAL
On June 7, 2001 this court issued its Order of Dismissal in the above matter based upon a compromised settlement of the
issues presented. This court is now advised that the parties seek to have the June 7th Order amended so as to increase the
size of certain of the pier heads plus floating docks which was addressed in paragraph 3, and to delete one of the docks
which was the subject of the original appeal and to consolidate two docks into one joint-use dock. The amended 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
OCRM-99-1089 50' 260 sq. ft. 200 sq. ft.
OCRM-99-1092 80' 260 200
OCRM-99-1093 135' 260 200
OCRM-99-1097 45' 260 200
OCRM-99-1099 110' 260 200
OCRM-99-1177 50' 180 180
In accordance with this agreement, OCRM shall amend the affected permits as indicated herein.
4. P/N 00-1E-044-P is hereby amended so that the approved dock corridor and the
dock will be shifted from its presnt location 85' to the northeast at the beginning of the walkway. The new dock alignment
will allow the dock to go directly into Whitners Landing Creek. (See Exhibit A attached hereto.) Accordingly, P/N 00-1E-044-P is restored to its original dimensions (pierhead plus any floating dock) of 260 sq. ft.
5. P/N OCRM-99-1096, issued to Anthony R. Porter, owner of Lot S-9, is hereby
canceled; and P/N OCRM-99-1094 issued to Paul Keyserling, owner of Lot N-12, and P/N OCRM-99-1179 issued to
Marcia Hale, owner of Lot N-13, is to be amended to provide for a joint-use dock for Lots N-12 and N-13. Appropriate
restrictions running with the land shall be placed of record to insure that no dock will be constructed from Lot S-9 and that
Lots N-12 and N-13 will be limited to one joint use dock.
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
December 13, 2001
Columbia, South Carolina |
