ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me by consent of the parties for entry of a consent order. On August 29, 2001, Respondent South
Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
("OCRM"), issued permit number OCRM-01-318-M to the Petitioner, Gordon Hay. The permit application requested
approval for the construction of a private recreational dock at 170 Coburg Road, Charleston, South Carolina. The permit
was issued with conditions, most significant of which was Special Condition Two. That condition required that the total
square footage of the dock must not exceed 260 square feet, based on the staff's estimation of the width of the waterbody in
question. The Petitioner timely requested a contested case hearing before the Division, appealing this limitation on the
grounds that the width of the creek is wider than the staff had estimated. No party has moved to intervene.
23A S.C. Code Ann. Regs. 30-12(a)(2)(q) addresses the size of docks as follows:
- The Department sets forth the following standards for size and use of pierheads and floating docks, these figures do not
include the square footage of the walkways or ramps:
- Creeks between 51 and 150 feet, as measured from marsh vegetation on both sides, shall be
restricted to docks up to 160 square feet unless special geographic circumstances and land uses
warrant a different structure;
- Creeks larger than 150 feet, as measured from marsh vegetation on both sides, shall be restricted to
docks up to the average size of existing, adjacent docks and pursuant to established permitting rules
and regulations.
Subsequent to the issuance of the permit, the Petitioner submitted a survey to OCRM, showing that the width of the creek
is more than 150 feet at a point within the Petitioner's extended property lines. Therefore, the parties agree to the
following:
- That the Petitioner is entitled to a dock with a total square footage not to exceed 556 square feet;
- That the Petitioner's dock must be located at the point where the width of the creek is more than 150 feet wide;
- That the floating dock shall be 10' x 30', the fixed pierhead shall not exceed 256 square feet (16' x 16'), and that the
walkway shall be five feet in width;
- That a roof is permitted to be constructed over either the pierhead or the boat lift in any style, except that there may not
be a deck or access to the roof and no part of the roof may exceed 15 feet above mean high water;
- That the permittee shall notify OCRM, in writing, of the final configuration of all components of the dock;
- That all other terms of permit number OCRM-01-318-M shall remain in full force and effect and that these conditions
shall be binding on the parties' heirs and assigns.
THEREFORE, IT IS ORDERED that permit number OCRM-01-318-M is hereby amended to include the conditions
outlined in this Consent Order.
IT IS FURTHER ORDERED that this contested case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
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MARVIN F. KITTRELL
Chief Administrative Law Judge
March 6, 2002
Columbia, South Carolina |
