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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
G. Kingman Hodgkiss, Jr. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
G. Kingman Hodgkiss, Jr.

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
95-ALJ-07-0372-CC

APPEARANCES:
Ogletree, Deakins, Nash
Smoak and Stewart, L.L.P
C. C. Harness, III
Attorney for Petitioner

South Carolina Department of
Health and Environmental Control,
Office of Ocean and Coastal
Resource Management
John P. Kassebaum
Attorney for Respondent
 

ORDERS:

CONSENT ORDER OF DISMISSAL

The parties to the above-entitled action hereby agree to settle the above-entitled

matter and agree to dismiss the appeal subject to the conditions set forth in an Agreement executed by both parties and attached hereto.

Based upon the foregoing, the matter is hereby dismissed; and

IT IS SO ORDERED.

This the 26th day of September, 1995.



_________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

Columbia, South Carolina



WE CONSENT:

Ogletree, Deakins, Nash

Smoak and Stewart, L.L.P.



_________________________________

C. C. Harness, III

Attorney for Petitioner



South Carolina Department of

Health and Environmental Control,

Office of Ocean and Coastal

Resource Management



_________________________________

John P. Kassebaum

Attorney for Respondent


STATE OF SOUTH CAROLINA

ADMINISTRATIVE LAW JUDGE DIVISION

Docket No. 95-ALJ-07-0372-CC

G. Kingman Hodgkiss, Jr.,

Petitioner,

vs.

South Carolina Department of Health

and Environmental Control, Office of

Ocean and Coastal Resource Management,

Respondent.

AGREEMENT



The parties to the above-entitled action, hereby agree to settlement of this matter based upon the following mutual agreements:

1. The small unnamed creek bordering Petitioner's property located at Lot 24,

Block D, Cooper Estates Subdivision, Mount Pleasant, Charleston County, South Carolina is a navigable creek and, but for the trees obstructing the channel, the creek would be navigable in fact during periods of high tide.

2. The intent of regulations requiring docks to extend to the first navigable creek is so that navigation will not be impeded. The effect of this regulation applied to the facts of this case would further impede navigation and restrict the publics' use of State lands and waters.

3. Due to the site specific characteristics, and that the spirit and intent of the regulation is to preserve the navigability of small streams; it is therefore resolved that the policies of the Coastal Zone Management Act are best served by allowing Petitioner to bridge the small creek and extend this dock to Shem Creek.

4. Respondent agrees to issue a permit to Petitioner allowing for the construction of a dock bridging the small creek and terminating at Shem Creek. The dock will be constructed according to all other applicable rules and regulations.

5. Petitioner agrees to construct his dock so that no part of the unnamed creek will be blocked by pilings.

6. Petitioner agrees that should the trees obstructing the channel in the small creek be removed, and his dock as permitted be destroyed, he will not rebuild the dock to Shem Creek without obtaining a new permit from OCRM, subject to the then existing laws regulating docks.

The undersigned do hereby acknowledge that they have read this Agreement, fully understand the contents, and bind themselves, their heirs and assigns to the terms and conditions above stated on this, the 23rd day of August, 1995.

WITNESSES:

___________________________

Office of Ocean and Coastal

Resource Management



____________________________

G. Kingman Hodgkiss, Jr.



____________________________

C. C. Harness, III

Attorney for Petitioner


Brown Bldg.

 

 

 

 

 

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