ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petition for Review timely served by Ronald F.
Johnson ("Respondent") seeking review of an Enforcement Order issued by the S.C. Department
of Health and Environmental Control, Office of Ocean and Coastal Resource Management
(Petitioner" or "OCRM"). A pre-trial conference took place February 23, 1996, at the
Administrative Law Judge Division with the Court, Respondent and Counsel for Petitioner.
Following the pre-trial conference, a contested case hearing was set for April 4, 1996, and
continued until April 9, 1996. Prior to the date set for trial of the issues, the parties notified the
Court that an agreement had been reached resolving the dispute which had given rise to the
appeal. This Consent Order has been provided to the Court by the parties and represents their
agreement as to the facts in issue and the proper resolution of the appeal. Accordingly, this Court
finds as follows:
FINDINGS OF FACT
1. Respondent owns property abutting the beach/dune critical area located at 1502 North
Waccamaw Drive, Garden City Beach, Horry County, South Carolina.
2. A portion of the habitable structure on Respondent's property is located seaward of the 40 year
set-back line.
3. Respondent applied for and received General Permit, GP90-E-725, which authorized the
construction of a deck not to exceed 144 square feet seaward of and abutting the habitable
structure at the above location.
4. In addition to the authorized construction approximately 324 square feet of additional decking
has been constructed seaward of Respondents habitable structure.
5. The variances from the specifications and conditions of General Permit, GP90-E-725, and the
construction of the additional decking have not been permitted or otherwise legally authorized by
OCRM as required by law.
CONCLUSIONS OF LAW
1. This Court has jurisdiction over the parties and issues pursuant to S.C. Code Ann. § 1 -23-600
(Supp. 1995).
2. S.C. Code Ann. § 48-39-10 et seq. grants OCRM jurisdiction over construction activities
seaward of the setback line.
3. Respondent, Ronald F. Johnson, is in violation of S.C. Code § 48-39-290, and Regulation
30-13(C), for the above referenced construction in the beach/dune critical area without
authorization from OCRM.
4. Respondent's violations subject him to the assessment of civil penalties as authorized by S.C.
Code Ann. § 48-39-170(C).
IT IS THEREFORE ORDERED, pursuant to S.C. Code § 48-39-170(C), and with the consent
of the parties, that:
1. Respondent will comply with all specifications of General Permit, GP90-E 725, and remove all
unauthorized construction from the beach/dune critical area as follows:.
a. Remove all the wood decking measuring 3'9" by 21' running parallel to the ocean and located
adjacent to the concrete foundation.
b. Remove all but a 6' by 6' portion of the wood decking measuring 10'9" by 11' located
underneath the stairs and adjacent to the concrete foundation.
c. Remove the elevated deck associated with the stairs running from the screen porch to the
ground so that the turn-around is no wider than the width of the existing stairs.
d. Remove all that portion of the not-attached deck with roof located seaward of the baseline
which exceeds 61 square feet.
2. The above described activity will be completed within 45 days of the date of execution of the
Order.
3. Within thirty (30) days of the execution of this Order Respondent shall pay a civil penalty in the
amount of one thousand ($1,000) dollars to OCRM.
4. Enforcement Order 95M-001C is hereby dismissed.
AND IT IS SO ORDERED.
__________________________
Alison Renee Lee
Administrative Law Judge
April ____, 1996 |
