ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before the South Carolina Administrative Law Judge Division pursuant to Godfrey Lewis' (Lewis) request for a
contested case hearing filed on July 6, 2000. Lewis protests The South Carolina Department of Health and Environmental Control,
Office of Ocean and Coastal Resource Management's (Department) grant of a permit to Wyatt Pringle (Pringle) to construct a boat
dock. A hearing in this matter was held on October 9, 2000 at the Beaufort County Courthouse, Beaufort, South Carolina.
FINDINGS OF FACT
Having carefully considered the testimony and arguments of both sides, and taking into account the credibility of the evidence and
witnesses, (1) I find by a preponderance of the evidence:
1. Notice of the time, date, place and subject matter of the hearing was given to all parties in a timely manner.
2. On June 2, 2000, the Department issued permit no. OCRM-00-984 to Pringle to construct a private, recreational dock consisting of
a 4' x 787' walkway with handrails leading to a 15' x 15' covered fixed pierhead with a 3' x 24' ramp leading to a 10' x 20' floating
dock on Brickyard Creek on Lady Island, Beaufort County, South Carolina.
3. Lewis owns a piece of property adjacent to the lot that is the subject of this contested case.
4. The proposed dock would not harmfully obstruct the natural flow of navigable water.
5. The proposed dock would not affect the production of fish, shrimp, oysters, crabs, or clams or any marine life or wildlife, or other
natural resources in the area.
6. The proposed dock would not cause erosion, shoaling of channels or creation of stagnant water.
7. The proposed dock would not affect existing public access to tidal and submerged lands, navigable waters and beaches, or other
recreational coastal resources.
8. The proposed dock would not affect the habitats of rare and endangered species of wildlife or irreplaceable historic or architectural
sites of the coastal zone.
9. The proposed dock would not affect the value and enjoyment of adjacent property owners.
10. The proposed dock would be in deep water.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude the following as a matter of law:
1. The South Carolina Administrative Law Judge Division has jurisdiction over this matter pursuant to S.C. Code Ann. § 1-23-600(B)
(Supp. 1999) and 48-39-10, et seq. (Supp. 1999).
2. S.C. Code Ann. § 48-39-150 (Supp. 1999) specifically authorizes the Administrative Law Judge to hear contested cases arising
under Chapter 39 of Title 48 of the South Carolina Code of Laws, 1976, as amended.
3. As a statewide administrative tribunal authorized to take evidence and determine contested case hearings, the Administrative Law
Judge Division is the fact finder in this matter for purposes of administrative and judicial review. Lindsey v. South Carolina Tax
Comm'n, 302 S.C. 504, 397 S.E.2d 95 (1990).
4. The burden of proof rests upon the party who asserts the affirmative of an
issue in an adjudicatory administrative proceeding. 2 Am. Jur. 2d Administrative Law § 360 (1994). In this matter, Lewis has the
burden of proving that OCRM incorrectly granted the permit.
5. OCRM is the subdivision within DHEC charged with implementing the State's coastal zone policies and issuing permits in coastal
zone areas.
6. S.C. Code Ann. § 48-39-80(B)(11) (Supp. 1999) gives OCRM the authority to review all state and federal permit applications in
the coastal zone and to certify that these do not contravene the Coastal Zone Management Program.
7. In this matter, there is no evidence the Department incorrectly applied its regulations in granting the Respondent's permit.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby
ORDERED that the the Department's decision to issue permit no. OCRM-00-984 to Pringle to construct a private, recreational dock
consisting of a 4' x 787' walkway with handrails leading to a 15' x 15' covered fixed pierhead with a 3' x 24' ramp leading to a 10' x
20' floating dock on Brickyard Creek on Lady Island, Beaufort County, South Carolina is sustained.
AND IT IS SO ORDERED.
_____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
October 25, 2000
Columbia, South Carolina
1. OCRM's central witness in this matter was George Madlinger, Senior Staff Manager with OCRM for eleven years, who holds a
degree in Marine Biology. Lewis did not have any witnesses. |
