ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to Petitioners' Appeal of a critical area dock permit
(OCRM-97-301-I) issued to Harold Trask by OCRM for the construction of a private dock on and
adjacent to Shem Creek at 646 Rue de Muckle, Mount Pleasant, Charleston County, South Carolina.
Petitioners contend that the dock permit as issued creates a hazard to navigation for upstream
residents and is not compatible with neighboring docks. Prior to a hearing on the merits and with
the consent of the Court, the permittee requested that OCRM amend his permit in an attempt to
address Petitioners' concerns.
On February 18, 1998, (OCRM-97-301-I) was amended to authorize relocating the fixed
pierhead closer to the left extended property line, relocating the floating dock channelward of the
fixed pierhead, installing a 4' by 6' landing area to the fixed pierhead for the gangway, and reducing
the 4 pile 12' by 12' boat lift to a single pile boat lift to be located on the upstream side of the
pierhead. In addition, the walkway length will be reduced from 100' to 97' provided the dock does
not extend any further channelward than the existing adjacent downstream docks.
The amended permit was placed on public notice and no new petitions for review or motions
to intervene were filed. Prior to a 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. Respondents agree to add the following special conditions to OCRM-97-
301-I, as amended;
a. Provided that the dock does not extend any further channelward
than the adjacent upstream and downstream docks.
b. Provided that the dock does not impede navigation.
2. All other terms and conditions of the permit as issued remain valid and enforceable.
3. Petitioners agree to dismiss their appeal of permit number OCRM 97-301-I.
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.
THEREFORE, with the consent of the parties, it is hereby ORDERED, that Docket Number
97-ALJ-07-0605-CC is hereby dismissed.
AND IT IS SO ORDERED.
_________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
June 8, 1998
Columbia, South Carolina |
