ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petition for Review filed by Hildegard
Maricq, seeking review of permit number OCRM-97-358-G. On December 1, 1997, OCRM
denied a permit to Dr. Maricq for the installation of a floating breakwater on and adjacent to
James Island Creek at 728 Jim Isle Drive, James Island, Charleston County, South Carolina.
OCRM transmitted the appeal to Administrative Law Judge Division on December 17, 1997,
and issued a Public Notice Of Appeal on December 18, 1997. On February 4, 1998, the
Court granted a motion to intervene by Mark and Judith Green and Claudia B. FitzGerald.
Prior to a hearing on the merits, the parties notified the Court that an agreement had been
reached to dismiss this action.
To combat a rapidly increasing erosion problem to the marsh in front of her property,
Petitioner applied to OCRM for authorization to install a floating breakwater. The purpose
of the breakwater was to reduce damage caused by wakes from boat traffic in James Island
Creek. Petitioner's erosion problem is mainly caused by scouring from the current in James
Island Creek due to the fact that her property is located on an outside bend of the creek.
Most of the adjacent property owners have erected bulkheads over the years to protect their
high ground from erosion. Petitioner was advised by OCRM that she too could erect a
bulkhead at the critical area line. However, this solution would not protect the marsh from
further erosion. In an attempt to prevent further loss of the marsh in front of her property,
Petitioner seeks and OCRM has agreed to allow Dr. Maricq to install a floating silt curtain
for a trial period of 90 days pursuant to the attached drawings and the following special
conditions.
This Consent Order has been provided to the Court by the parties and represents
their agreement that:
1. Respondent agrees to issue permit number OCRM-97-358-G with the following
special conditions;
a. Provided the installation of the curtain is authorized as a temporary placement only. The
initial authorization period is for 90 days only, after which the entire structure must be
removed unless it can be documented that the curtain is functioning as intended. Since this
curtain is intended to eliminate slumping of marsh vegetation, this documentation must
show that no further erosion of the marsh edge has occurred. Measurements of the marsh
edge must be taken immediately prior to installation and again at the 90 day interval as part
of the documentation process.
b. Provided the curtain must be maintained in good condition. Should the curtain
deteriorate, it must be immediately removed along with any accompanying debris.
c. Provided a bond adequate for the removal of the curtain is posted with OCRM. This bond
must remain in effect as long as the curtain is present in the critical area.
d. Provided the location for the curtain is verified in the field by OCRM staff prior to
installation. The location must not impede navigation or hinder public access.
e. Provide the location of the pilings is clearly marked by reflectors or other approved
lighting method.
2. All other terms and conditions of the permit as issued are valid and enforceable.
3. The Petitioner and Intervenors agree to dismiss their appeal of permit number OCRM-97-358-G.
WHEREAS the permit issued pursuant to these terms and conditions constitutes a
valid permit pursuant to S.C. Code Ann. §48-39-10 ~ 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-07-0758-CC is hereby dismissed.
AND IT IS SO ORDERED.
JOHN D. GEATHERS
ADMINISTRATIVE LAW JUDGE
April 21, 1998
Columbia, South Carolina |
