ORDERS:
CONSENT ORDER OF DISMISSAL
This matter comes before the Court pursuant to a Petition for Review seeking administrative
review of a permitting decision of the South Carolina Department of Health and Environmental
Control, Office of Ocean and Coastal Resource Management (OCRM). The Petitioner Carolyn
Hooffstetter, submitted an application to amend permit no. CC-92-297. On August 21, 1995, the
permit was amended with conditions to allow Petitioner to make additions to the permitted fixed
pierhead. This pierhead is located on or adjacent to the Folly River at 202 East Indian Avenue,
Folly Beach, Charleston County, South Carolina.
Prior to the hearing scheduled for January 10, 1996, 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 conditions placed by OCRM on permit no. CC-92-297 (as
amended), which reduced the requested square footage and deleted a proposed 6' by 14' landing.
2. By letter dated January 2, 1996, Petitioner supplied OCRM with an alternate configuration for
the proposed addition (attached herein as Attachment A). The 6' by 14' landing has been deleted
and the structure has been re-aligned so that it will not be constructed closer than 20 feet from
extended property lines.
3. Respondent , OCRM, has agreed to issue an amended permit based on and consistent with
Attachment A.
4. The Petitioner, Carolyn Hooffstetter, in consideration of the amended permit agrees to
withdraw her appeal.
Conclusions of Law
1. This Court has jurisdiction over the parties and issues pursuant to South Carolina Code Ann. §
1-23-600 (Supp. 1994).
2. South Carolina Code Ann. § 48-39-10 et seq. grants the Respondent, OCRM, jurisdiction
over the activities sought be the Petitioner.
3. The issuance of the permit as discussed and the findings of fact are consistent with the
regulations applicable to docks and piers.
Based upon the foregoing, it is hereby ORDERED, upon joint motion and consent of the parties
hereto, that the Respondent, OCRM, issue to Petitioner, Carolyn Hooffstetter, a permit consistent
with the contents of this Order and as depicted 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 Ralph K. Anderson, III
Administrative Law Judge
Dated: _________________
Charleston, South Carolina |
