ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petition for Review timely served by John
W. Shaw, seeking review of the issuance of permit number OCRM-97-142-G. The permit
application requested the installation of rip-rap and the construction of a private dock on and
adjacent to Fishing Creek off Fishing Creek Road, Edisto Island, Charleston County, South
Carolina. The permit was issued with special conditions which reduced the fixed pierhead and
floating dock to a combined total of 160 square feet. Dr. Shaw appealed. A merits hearing was
scheduled for October 1, 1997. No motions to intervene were filed. Prior to the hearing date,
the parties notified the Court that an agreement had been reached to dismiss this action.
This Consent Order has been provided to the Court by the parties and represents their
agreement that:
1. Fishing Creek is approximately 138 feet wide at the proposed dock location.
Regulation 30-12(A)(2)(q) restricts pierheads and floating docks to 160 square feet in creeks
between 51 and 150 unless special geographic circumstances and land
uses warrant
a larger structure. Due to the special geographic circumstances that no dock will be built from
the opposite side of the creek and the applicants large lot size, and due to documented safety
concerns, the Respondent agrees to modify permit number OCRM-97-142-G. The combined
square footage of the pierhead and floating dock is increased from 160 square feet to a total of
320 square feet to be configured as follows;
a. Provided the pierhead is increased to 10' by 12'.
b. Provided the floating dock is increased to 10' by 20'.
2. The permit as modified by this consent order conforms to the original permit application
submitted by Dr. Shawl The original application was placed on public notice pursuant to R.30-2(B)(7) and R.30-2(C). Therefore the permit as amended by this consent order is not required
to meet the notice provisions of R.30-4(H) .
3. Petitioner agrees to withdraw his appeal of OCRM-97-142-G.
THEREFORE, with the consent of the parties, it is hereby ORDERED that Docket Number
97-ALJ-07-0292-CC is hereby dismissed.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
July 28, 1997
Columbia, South Carolina |
