ORDERS:
CONSENT ORDER
THIS MATTER CAME BEFORE ME on February 13, 1998 as a result of the
Petitioners Thomas and Myra Lawson's Appeal of a critical area dock permit (OCRM Permit
#OCRM-97-214-G) issued to Charles Huff by OCRM for the construction of a private dock on and
adjacent to the Leadenwah River at Lot 6, Selkirk Plantation, 1819 Liberia Road, Wadmalaw Island,
Charleston County, South Carolina, OCRM Permit #OCRM-97-214-G. Petitioners contend that the
dock permit as issued will block navigable waters, disturb the marsh and unduly restrict public
access and use of public marshlands. During the testimony of Steve Moore, OCRM staff,
information concerning possible alternative routes for the dock were discussed.
At the request of the parties, the Hearing was recessed to allow parties the opportunity to
discuss a settlement agreement regarding alternative routes that would satisfy the Petitioner, as well
as OCRM and Mr. Huff. The parties agreed to meet at the permitted site on February 23, 1998 in
an effort to reach a final agreement on this matter. The parties did meet as planned and have reached
the following agreement concerning the location of the disputed dock:
1) Prior to beginning construction of the dock in the revised location, Huff will remove
the dock currently under construction based on the original corridor plan;
2) The dock will now commence at a point on Lot 6 approximately 20' from the property
line between Lot 6 and Lot 7 and extend out to the channel of the Leadenwah River at the location
as shown on attached Exhibit "A" and as staked in the field by the parties;
3) It is the intent of the parties that the low water depth at the channelward side of the
dock be 3' feet;
4) All other terms and conditions of the permit as issued remain valid and enforceable.
WHEREAS the permit issued and the dock constructed pursuant to these terms and
conditions constitutes a valid permit and dock pursuant to S.C. Code Ann. §48-39-10 et seq. and
S.C. Rules and Regulations For Permitting In the Coastal Zone R.30-1 through R.30-20.
AND The parties are hereby bound by the above referenced terms and conditions on the
issuance of OCRM Permit #97-214-G and the Petitioners' Appeal in this matter is hereby dismissed
with prejudice.
IT IS SO ORDERED.
________________________________
The Honorable Stephen Bates
Administrative Law Judge
March 26, 1998
Columbia, SC |
