ORDERS:
CONSENT ORDER
This matter comes before me by agreement of all parties for entry of a consent order. This is an appeal taken by the Petitioner
following the Respondent South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource
Management's (OCRM) conditional issuance of permit number OCRM-00-123-M to William Moore. Mr. Moore requested a permit
to construct a private joint use dock on the Wadmalaw River at 5777 Boone Haven Road, on Wadmalaw Island, Charleston County,
South Carolina.
The application proposed a 4' x 450' walkway with handrails, leading to a 16' x 16' covered fixed pierhead. A ramp on the
downstream side of the dock will lead to a 10' x 20' floating dock. The application also proposed a 14' x 26' covered four-pile boatlift
on the upstream side of the fixed pierhead. The purpose of the activity is for the owners' private, recreational use. OCRM issued the
permit, but imposed several special conditions, requiring the following:
1. That the proposed dock is constructed as a joint use dock for lots 12 and 13.
2. That the fixed pierhead must be reduced to 10' x 10'.
3. That the roof over the fixed pierhead is constructed as a hip roof.
4. That the 10' x 20' floating dock is deleted and replaced with two 8' x 10' floating docks,
one for each lot.
5. That the boatlift is deleted.
6. That the dock staked out in the field and inspected and approved by OCRM prior to construction.
7. That the additions are constructed so as to avoid or minimize impacts to existing shellfish beds.
8. That if any archeological or paleontological remains are found while constructing the
dock, that construction must stop and the appropriate action is taken as stated in the special
condition.
Mr. Moore appealed the conditional issuance of this permit.
After further discussion between the parties and another review of the project, the parties have agreed to the following:
1. The dock will be constructed as a single use family dock.
2. There will be a 10' x 10' fixed pierhead, with a hip roof.
3. On the downstream side of the pierhead, an 8' x 10' floating dock will be constructed.
4. On the upstream side of the pierhead, there will be a single-pile, 6' x 8' boatlift.
5. The length and width of the walkway will remain the same as was originally issued.
6. All other special conditions will remain a part of the permit.
7. This agreement will be binding on the parties' heirs and assigns.
THEREFORE, it is ORDERED that permit number OCRM-123-M is issued with the aforementioned modifications.
AND IT IS SO ORDERED.
_______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
September 14, 2000
I so move:
__________________________
Mary D. Shahid
Attorney for Respondents August 24, 2000
I consent:
__________________________
D. Malloy McEachin, Jr.
Attorney for Petitioner September 1, 2000
WE SO CONSENT:
By:______________________________
Carol I. McMahan
Attorney for Petitioner
By:______________________________
William A. McDaniel
President, Little Billy Food Stores, Inc. and
Palmetto Risk Corp., Inc.
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(NOTE: PLEASE SEE CASE FILE FOR COPY OF ATTACHMENT) |
