ORDERS:
ORDER
This matter comes before the Court pursuant to a Petition for Review seeking an administrative
review of a final agency decision of the South Carolina Department of Health and Environmental
Control/Office of Ocean and Coastal Resource Management. The Petitioner, Warren K. Smith,
submitted a permit application to Respondent OCRM. Prior to a hearing in the above-entitled
matter, a Notice of Appeal was published by OCRM affording interested parties to intervene in
the proceedings. No response to the Notice of Appeal was made and there were no parties that
previously commented on the permit application.
Prior to the hearing scheduled for October 31, 1995, the parties notified the Court that an
agreement had been made resolving the appeal. The Consent Order being presented to the Court
represents the agreement of the parties as to facts and issues and the details of the settlement.
Accordingly, this Court finds as follows:
1. This matter is an appeal of a special condition set forth in Permit No. 95-lE-119P issued by
Respondent, OCRM, on June 16, 1995. The Agency issued a permit for the construction of an 8'
x 80' floating dock in front of an existing pier. In addition, 8' x 10' fixed piers with water and
electrical hookups are to be installed on each end of the proposed 80' floating dock attached to
the floating dock by 3' x 16' ramps. Under the proposal presented by the Petitioner, two fuel
pumps were to be installed on the existing pier, however, the Respondent, OCRM, deleted these
fuel pumps from the permit.
2. The Petitioner appealed the special condition on the permit deleting the fuel pumps. Pursuant
to 23(a) S.C. Code Regs. 30-1 C14C, "any facility which provides fueling" is defined as a marina.
Therefore, Petitioner has agreed to request that a marina permit be issued in place of a
commercial dock permit.
3. The Respondent, OCRM, has agreed, after payment of the applicable fee, to the issuance of a
marina permit which would include placement of the two fuel pumps as originally applied for and
shown on the drawings attached to the permit application.
4. The Petitioner and Respondent agree to the special conditions attached herein. (See
Attachment "A" - Special Conditions).
5. The Petitioner, Warren K. Smith, in consideration of the amendment to the permit and the
reissuance of the permit agrees to withdraw his appeal.
Conclusions of Law
1. The Court has jurisdiction over the parties and issues pursuant to South Carolina Code Ann.
1-23-600 (Supp. 1993).
2. South Carolina Ann. 48-39-10 et seq. (Supp.), grants the Respondent, OCRM, over
jurisdiction over the activities sought by the Petitioner.
3. The issuance of the permit as discussed and the findings of fact are consistent with the
regulations applicable to marinas and commercial docks.
Based upon the foregoing, it is hereby ORDERED, upon joint motion and consent of the parties
hereto, that the Respondent, OCRM, issue to Petitioner, Warren K. Smith, a permit consistent
with the contents of this Order subject to the special conditions set forth on Attachment "A".
Such permit shall be issued within fifteen (15) days from the date of the execution of this Order.
IT IS SO ORDERED.
____________________________
The Honorable Ray N. Stevens
Administrative Law Judge
Dated: 12-6-95
Charleston, South Carolina |
