ORDERS:
CONSENT ORDER
This matter is before the Court pursuant to request for a contested case hearing timely served by RBM
of Greenwood, Inc., seeking review of the issuance of permit numbers 00-1E-396-P and 00-1E-398-P.
The permit applications initially requested the construction of three covered fixed pierheads each 12' by
12', attached to a proposed bulkhead by 4' by 20' walkways and having floating docks measuring 8' by
20' installed on the downstream side of the fixed pierheads and attached to the pierheads by ramps. In
addition, the Petitioner sought to install boatlifts on the upstream side of each pierhead. Petitioner owns
a 6.967 acre tract of land on Edisto Island, Charleston County, adjacent to Fishing Creek. The tract has
approximately 270' of frontage along Fishing Creek. Rather than subdivide the tract into three separate
lots with approximately 90' of water frontage each, Petitioner utilized a recently adopted planning
device of Charleston County known as "Cluster Zoning" and created three "Building Envelopes" of
3,000 square feet near the waterfront of the tract. The docks were proposed as amenities for each of the
homes contemplated for construction within the "Building Envelopes."
During the public notice review and comment period, Petitioner amended its application to a
configuration of two covered fixed pierheads of 12' by 12' with two ramps and floating docks attached
to one pierhead and one ramp and float attached to the other. Three boatlifts would be installed
immediately behind and landward of the floating docks.
A permit was issued allowing the construction of one dock and pier structure not to exceed 480 square
feet.
A hearing was scheduled for July 10, 2001. No motions to intervene were filed. Prior to the hearing
date, the parties notified the Court that an agreement had been reached to dismiss this action.
This Consent Order has been provided to the Court by the parties and represents their agreement that:
1. Two docks with fixed pierheads, floating docks and boatlifts as shown on the attached "Exhibit A"
will be constructed.
2. Prior to constructing the docks, Petitioner will execute and record in the Charleston County RMC
office the Dock Easements attached hereto as "Exhibit B."
3. Petitioner agrees to withdraw its appeal of permit numbers 00-1E-396-P and 00-1E-398-P.
THEREFORE, with the consent of the parties, it is hereby ORDERED that Docket Number 01-ALJ-07-0042-CC is hereby dismissed.
AND IT IS SO ORDERED.
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Ralph King Anderson, III
Administrative Law Judge
June 29, 2001
Columbia, South Carolina |
