ORDERS:
CONSENT ORDER
This matter is before me by consent of the parties for entry of a consent order. On September 27, 2001, Respondent South
Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (OCRM),
issued permit number OCRM-01-304-M to the Petitioner, W. Lewis Turner. The permit allowed for the construction of a
private, recreational dock at 8195 Wahoo Court, Fishing Creek Resort, Edisto Island, Charleston County, South Carolina.
Special Condition Number Three limited the square footage of the dock to 160 square feet and required that a final
configuration be submitted to OCRM, prior to the issuance of a construction placard. The Petitioner timely requested a
contested case hearing before the Division, appealing this limitation. No party has moved to intervene.
On a further review of the location of the dock and the surrounding area, the OCRM staff has concluded that special
geographical circumstances exist, as they are defined in 23A S.C. Code Ann. Regs. 30-1(D), in that no other docks will
reach this body of water from the opposite shore. This warrants allowing a total square footage of 260 square feet. The
parties agree that the permit should be amended to allow for this increase in size. The parties also agree that the other
general and special conditions shall continue to apply, and that this agreement shall be binding on the parties' heirs and
assigns.
THEREFORE, it is ORDERED that OCRM permit number OCRM-01-304-M is hereby amended to allow for a total
square footage of 260 square feet.
IT IS FURTHER ORDERED that this contested case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
November 27, 2001
Columbia, South Carolina |
