South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Candice Morgan vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Candice Morgan

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
01-ALJ-07-0501-CC

APPEARANCES:
Leslie Stidham
SCDHEC, OCRM

Grahame E. Holmes
Attorney for Petitioner
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the Court by consent of all parties for entry of a Consent Order of Dismissal. Petitioner filed this appeal following the issuance of P/N #97-1E-283 on the grounds the special conditions of said permit are unduly restrictive, arbitrary and capricious, and deny Petitioner the benefit of the South Carolina Coastal Zone Management Act.

Upon the Motion of the parties hereto, it is hereby ordered that Respondent South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, amend P/N #97-1E-283 to allow the construction of the following at 3752 Station Point Court, Mount Pleasant, South Carolina:



A joint use dock with a 12' by 16' fixed pierhead and two 3' by 16' ramps leading to two 8' by 20' floating docks and two 12' by 12' boatlifts. The dock will not extend channelward beyond the dock on the eastern adjacent lot 31 and shall in no event be closer than 20' from the extended property line of said lot. This structure is shown in Exhibit A and Exhibit B, attached.



This amendment will allow Petitioner to access deep water in the Wando River, avoiding navigable tributaries that would have otherwise been crossed under the original application.

This action is hereby dismissed with prejudice.

AND IT IS SO ORDERED.



______________________________________

Ralph King Anderson, III

Administrative Law Judge



April 3, 2002

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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