ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a consent order. On January 11, 2001, Respondent South
Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
("OCRM"), denied permit number 00-1E-193-P to the Petitioner, White Shrimp Company. The permit application
requested approval for the construction of a shrimp dock for commercial use at Lot 3, Cedar Cove Plantation, St. Helena
Island, Beaufort County, South Carolina. OCRM denied the permit based on the following concerns:
- due to the shallowness of the creek, the dock and the boats that would moor
themselves thereto would create a blockage of navigation;
- there would be a potential for agitation dredging the creek bottom, also due to the
shallow depth of the creek;
- the proposed shrimp house, although a water-dependent structure, would have
shading impacts on the marsh grass.
The Petitioner timely requested a contested case hearing before the Division, appealing this limitation. No party has moved
to intervene.
After further discussion of OCRM's concerns and the characteristics of the area, the parties have agreed to the following
conditions, which will reduce the impact to the coastal environment:
- The shrimp house shall be reconfigured in order to reduce shading of the marsh
grass, as shown in the drawings attached hereto as Exhibit A;
2. Use of the dock shall not impede navigation. If necessary, the number of boats
moored at the dock at one time shall be limited in order to comply with this condition;
3. No boats shall be allowed to moor at the dock except during the period of time where
the tide level is sufficient to minimize agitation dredging.
The parties agree that these conditions shall be binding on the parties' heirs and assigns.
THEREFORE, it is ORDERED that OCRM shall issue permit number OCRM-01-304-M to the Petitioner, in accordance
with this order.
IT IS FURTHER ORDERED that this contested case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
Administrative Law Judge |
