ORDERS:
ORDER
Pursuant to the Order and Notice of Hearing in this cause dated February 7, 1996 I caused a
referenced to be held at the Charleston County Judicial Building, North Charleston, South
Carolina at 10:30 a.m., Wednesday, April 10, 1996. Present at the hearing were the Petitioner,
Sue Anne Farrior, appearing Pro Se; David Christmas, on behalf of the Petitioner, WHW II, Inc.
with its counsel, W. Brantley Harvey, Jr.; and South Carolina Department of Health and
Environmental Control, Office of Ocean and Coastal Research Management (OCRM) by Richard
A. Chinnis and its counsel, John P. Kassebaum. In accordance with the Order of February 7,
1996, the two appeals were consolidated.
After taking testimony for approximately two hours, and during the noon recess the parties
reached a settlement agreement which when stated to the court appears to be fair, reasonable and
in accordance with applicable statutes and regulations. After questioning all of the parties it
appears to the court that settlement was voluntarily and knowingly entered into and the court
therefore makes its findings of fact and order in accordance therewith.
FINDINGS OF FACT
1. The facts in this cause are as stated by the Petitioner, WHW II, Inc. and the Respondent,
OCRM, in their pre-hearing statement submitted to and filed with the court.
2. The floating dock as constructed by WHW II, Inc. in accordance with OCRM permit number
94-1E-321-P as amended is 155 feet in length, is located in the waters of Factory Creek, Beaufort
County, South Carolina and runs parallel to the shore of Lady's Island in front of a residential
subdivision known as SweetWater Subdivision developed by the Petitioner, WHW II, Inc.
3. In order for this dock to qualify as a community dock, it is appropriate and in keeping with the
regulations that the area available for the docking of vessels be limited to 200 lineal feet of dock
space.
4. The limitation to 200 lineal feet of dock space is accomplished by the delineation of 50 feet on
each side of the floating dock at its eastern end as being prohibited for the docking of vessels, as
shown on the sketch attached hereto as Exhibit "A", approved and concurred in by the parties and
made a part of the Findings and Order of this Court.
5. The Petitioner, WHW II, Inc. has agreed to prepare and post the signs, paint stripes upon the
"no docking area" all as shown on Exhibit "A" and to enforce the "no docking" provision in the
designated area.
NOW, THEREFORE, it is ORDERED:
A. That the Petitioner, WHW II, Inc. be and it is hereby ordered to prepare, install and maintain
the posts, signage and striping on the eastern 50 feet of its floating dock in Factory Creek as
shown on the diagram, Exhibit "A"; and through itself and the homeowner's association of
SweetWater Subdivision to enforce the prohibition against vessels docking on the eastern 50 feet
of the floating dock (50 lineal feet on each side of the float).
B. Upon WHW II, Inc. installing the posts, signage and striping as shown on Exhibit "A" the
appeal of Sue Anne Farrior to the issuing of the amendment to permit number 94-1E-321-P by
OCRM to WHW II, Inc. be and the same is hereby denied.
C. Upon WHW II, Inc. installing the posts, signage and striping as shown on Exhibit "A" the
appeal by WHW II, Inc. from the attempted revocation of permit 94-1E-321-P by OCRM be and
the same is hereby granted. That is the right to revoke the permit as amended is denied by this
Court and the permit remains in effect with the conditions and modifications as set forth in this
Order.
D. The 155 foot floating dock with its pier, pier head and ramp may remain in place as
constructed provided its use is limited to a community dock having 200 lineal feet available for
the docking of vessels and with the conditions and provisions for a "no docking area" as herein set
forth and ordered.
AND IT IS SO ORDERED
__________________________________
Honorable Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
April ___________, 1996 |
