ORDERS:
CONSENT ORDER OF DISMISSAL
The parties to the above-entitled action hereby agree to settle the matter as follows:
Pursuant to the enclosed permit, which is incorporated herein as Attachment A, the Petitioners
have agreed to accept OCRM-96-504 as issued. Petitioners agree to dismiss their appeal of the
above referenced case.
AND IT IS SO ORDERED.
___________________________________
RAY N. STEVENS
Administrative Law Judge
This 6th day of March, 1996
Columbia, South Carolina.
WE CONSENT:
_______________________
F. Gregg Jones
For the Petitioners
_______________________
John P. Kassebaum
Attorney for Respondent
Attachment A
South Carolina Department of Health and Environmental Control
Office of Ocean and Coastal Resource Management
CRITICAL AREA PERMIT
Permittee: F. Gregg & Caroline S. Jones
Permit Number: OCRM-96-504
Date of Issuance: March 1, 1996
Expiration Date: March 1, 2001
Location: On and adjacent to Murrells Inlet Creek at 1366 S. Waccamaw Drive, Murrells Inlet,
Georgetown County, South Carolina.
This permit is issued under the provision of S.C. Code Ann. § 48-39-10, et seq. and the Final
Rules and Regulations of the SCDHEC - Office of Ocean & Coastal Resource Management.
Please carefully read the project description and any Special Conditions which may appear
on this permit/certification as they will affect the work which is allowed. If no Special
Conditions have been placed on this permit, then the work is authorized as described in the
project description. The general conditions are also a part of this permit and should be read in
their entirety.
DESCRIPTION OF PROJECT:
The plans submitted by you, attached hereto, show the work, as proposed and shown on the
attached plans consists of replacing an existing walkway and pilings with a 4' x 45' walkway
leading to a 20' x 20' fixed dock with a 10' x 16' roof. A 4' x 8' landing will lead from the
walkway to serve as the access point from a proposed "C" shaped floating dock with outside
dimensions of 10' x 36' (216 sq. ft. total area). The purpose of the activity is for the applicant's
private, recreational use.
SPECIAL CONDITIONS
1. Provided that in the event that archaeological or paleontological remains are found during the
course of work, the applicant should notify the South Carolina Institute of Archaeology and
Anthropology (Mr. Mark Newell 803-777-8170) pursuant to S.C. Code Ann. § 54-7-400 et seq.
Archaeological remains consist of any materials made or altered by man which remain from past
historic or prehistoric times (i.e., older than 50 years). Examples include old pottery fragments,
metal, wood, arrowheads, stone implements or tools, human burials, historic docks, structures, or
non-recent (i.e., older than 100 years) vessel ruins.
2. Provided that in the event that archaeological or paleontological remains are found during the
course of work, the applicant should notify the State Historic Preservation Office (S.C.
Department of Archives & History, (803) 734-8609).
3. Provided that the structure is constructed a minimum of 3' above MHW.
4. Provided that the proposed dock extends no farther into the creek than existing, adjacent
docks.
5. Provided the proposed fixed dock is reduced to a 14' x 16'.
6. Provided the proposed floating dock is reduced to 200 sq. ft.
GENERAL CONDITIONS
The permit is expressly contingent upon the following conditions which are binding on the
permittee:
1. That the permittee, in accepting this permit, covenants and agrees to comply with and abide by
the provisions and conditions herein and assumes all responsibility and liability and agrees to save
the South Carolina Department of Health and Environmental Control and the State of South
Carolina, its employees or representatives, harmless from all claims of damage arising out of
operations conducted pursuant to this permit.
2. That if the activity authorized herein is not constructed or completed within five years of the
date of issuance, this permit shall automatically expire. A request for an extension of time must
be made in writing.
3. That all authorized work shall be conducted in a manner that minimizes any adverse impact on
fish, wildlife and water quality.
4. That this permit does not relieve the permittee from the requirements of obtaining a permit
from the U.S. Army Corps of Engineers or any other applicable federal agency, nor from the
necessity of complying with all applicable federal, state, and/or local laws, ordinances, and zoning
regulations. This permit is granted subject to the rights of the State of South Carolina in the
navigable waters and shall be subject, further to all rights held by the State of South Carolina
under the public trust doctrine as well as any other right the State may have in the waters and
submerged lands of the coast.
5. That this permit does not convey, expressly or impliedly, any property rights in real estate or
material nor any exclusive privileges; nor does it authorize the permittee to alienate, diminish,
infringe upon or otherwise restrict the property rights of any other person or the public; nor shall
this permit be interpreted as appropriating public properties for private use.
6. That the permittee shall permit the Department or its authorized agents or representatives to
make periodic inspections at any reasonable time deemed necessary in order to ensure that the
activity being performed is in accordance with the terms and conditions of this permit.
Acceptance of this permit constitutes prior consent to such inspection.
7. That any abandonment of the permitted activity will require restoration of the area to a
satisfactory condition as determined by the Department.
8. That this permit may not be transferred to a third party without prior written notice to the
Department.
9. That is the display of lights and signals on any structure or work authorized herein is not
otherwise provided for by law, such as lights and special signals as may be prescribed by the
United States Coast Guard shall be installed and maintained by and at the expense of the
permittee.
10. That the SCDHEC-OCRM shall be notified in writing upon commencement of work and that
the permit placard or a copy of the placard shall be posted in a conspicuous place at the project
site during the entire period of work.
11. That the structure or work authorized herein shall be in accordance with the plans and
drawings attached hereto, and shall be maintained in good condition. Failure to build in
accordance with the plans and drawings attached hereto, or failure to maintain the structure in
good condition shall result in the revocation of this permit and possible removal of the offending
structure.
12. That the authorization for activities or construction of structures herein constitutes a
revocable license. The Department may require the permittee to modify any permitted activity or
to remove structure authorized herein, if and when it is determined by the Department that such
activity or structure violates the public's health, safety, or welfare, or the activity is inconsistent
with the public trust doctrine. Modification of an activity or removal of a structure shall be
ordered only after reasonable notice stating the reasons therefore and the opportunity for the
permittee to respond in writing. When the permittee is notified that SCDHEC intends to revoke
or modify the permit, permittee agrees to immediately stop work pending resolution of the
revocation.
13. That the Department shall have the right to revoke, suspend, or modify this permit in the
event it is determined the permitted structure (1) significantly impacts the public health, safety,
welfare, and/or is violative of Section 48-39-150, (2) that the information and data which the
permittee or any other agencies have provided in connection with the permit application is either
false, incomplete or inaccurate, or (3) that the activity is not in compliance with the drawings
submitted by the applicant. That the permittee, upon receipt of the Department's written intent to
revoke, suspend, or modify the permit has the right to a hearing. Prior to revocation, suspension,
or modification of this permit, the Department shall provide written notification of intent to
revoke to the Permittee, and Permittee can respond with a written explanation to the Department.
(S.C. Code Ann. § 1-23-370 shall govern the procedure for revocation, suspension or
modification herein described.)
14. That the modification, suspension or revocation of this permit shall not be the basis of any
claim for damages against the Department or the State of South Carolina or any employee, agent,
or representative of the Department or the State of South Carolina.
15. That all activities authorized herein shall, if they involve a discharge or deposit into navigable
waters or ocean waters, be at all times consistent with all applicable water quality standards,
effluent limitations and standards of performance, prohibitions, and pretreatment standards
established pursuant to applicable federal, state and local laws.
16. That extreme care shall be exercised to prevent any adverse or undesirable effects from this
work on the property of others. This permit authorizes no invasion of adjacent private property,
and SCDHEC assumes no responsibility or liability from any claims of damage arising out of any
operations conducted by the permittee pursuant to the permit.
PERMITTEE'S ATTENTION IS DIRECTED TO GENERAL CONDITIONS NUMBERS
FOUR (4) AND FIVE (5). BY ACCEPTANCE OF THIS PERMIT, PERMITTEE IS PLACED
ON NOTICE THAT THE STATE OF SOUTH CAROLINA, BY ISSUING THIS PERMIT,
DOES NOT WAIVE ITS RIGHTS TO REQUIRE PAYMENT OF A REASONABLE FEE FOR
USE OF STATE LANDS AT A FUTURE DATE IS SO DIRECTED BY STATUTE.
CAUTION: Section 48-39-150(D) allows any person adversely affected by the issuance of a
OCRM permit to appeal the decision to the full OCRM by filing a written Notice of Intent to
Appeal within 15 days after notification of the permit's issuance. In the event of an appeal of the
decision to issue this permit, the OCRM reserves the right to order a stay of any use or activity
authorized herein pending a final decision by the full OCRM when, in its judgment, the interests of
the public would be best served.
OCRM-96-504 Issued this 1st day of March, 1996
State of South Carolina
SCDHEC-OCRM
Keith M. Kinard, CHAIRMAN
By:______________________
For Mark A. Caldwell
Regional Permit Administrator
THE PERMITTEE, BY ACCEPTANCE OF THIS PERMIT AGREES TO ABIDE BY THE
TERMS AND CONDITIONS CONTAINED HEREIN AND TO PERFORM THE WORK IN
STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ATTACHED
HERETO AND MADE A PART HEREOF. ANY DEVIATION FROM THESE
CONDITIONS, TERMS, PLANS, AND SPECIFICATIONS SHALL BE GROUNDS FOR
REVOCATION, SUSPENSION OR MODIFICATION OF THIS PERMIT AND THE
INSTITUTION OF SUCH LEGAL PROCEEDINGS AS THE OCRM MAY CONSIDER
APPROPRIATE.
_________________________
Permittee
_________________________
Date
(Please see original Order for copies of the three attached maps) |
