ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me by consent of the parties for entry of a consent order. Petitioner, Jupiter Realty Corp., requested a
contested case hearing following OCRM's conditional issuance of permit number 2002-1H-022-P to Petitioner. The
permit, which was issued on May 28, 2002, allowed for the construction of a private marina on and adjacent to the Ashley
River at Faber Place Drive, Charleston, Charleston County, South Carolina. The permit contained several special
conditions, including the following:
2. Provided the permitted facility is utilized only as a viewing and demonstration platform for vessels being sold by the
corporate manufacturer as described in the Public Notice and planned for the adjacent, upland development. Any change in
the scope of the upland development that causes a change in use of the facility will require a new permit from OCRM.
Petitioner timely requested a contested case hearing before this Division, challenging the imposition of this special
condition, among other objections. No party has moved to intervene in these proceedings.
The parties, having resolved their differences, agree to amend the permit as follows:
(A) Special Conditions Two, Ten, and Thirteen of the Permit are deleted.
(B) The following Special Condition is added: "2. Provided the permitted facility shall be for the private recreational use
of the adjacent property owners and shall not be used as a public marina."
(C) The validity of permit number 2002-1H-002-P is contingent upon the permittee's obtaining all necessary approvals
from the City of North Charleston.
(D) In the event that the property is sold, the parties agree that the permit may be assigned to another person and/or entity.
Petitioner also agrees to submit a standard assignment form to OCRM, should such an assignment take place.
(E) The total number of slips allowed will be reduced in number to the actual number of lots that are ultimately approved
by the City of North Charleston Zoning Board.
(F) The permittee agrees to submit final, approved subdivision plans and the final configuration of the permitted structure
prior to beginning construction.
(G) Provided a water quality sampling program must be instituted and results submitted to the Department. This sampling
program must be performed prior to construction and as specified in Regulation 30-12(E)(6)(c). The sampling must be
performed by a DHEC-certified laboratory at the expense of the permittee.
The parties agree that the above-referenced conditions shall be made a part of the permit and be incorporated therein. The
parties also agree that this Order shall be binding on the parties' heirs and assigns.
THEREFORE, IT IS ORDERED that permit number 2002-1H-022-P is hereby amended as set forth above.
IT IS ALSO ORDERED that this matter is hereby DISMISSED with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
November 13, 2002
Columbia, South Carolina |
