South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Spring Island Company vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Spring Island Company

Respondent:
South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management

Intervenors:
W.D. and Doris Blackmon, Curtis and Dorothy Smart, Grant and Margaret Goldenstar, Emily Ellis, Jeanette Crosby, Henry Walker, III, Floyd and Carolyn Hill, Cecil A. Burch, Dave and Eloise Beasley, Walter and Edith Nettles, William and Lucy Hall, James and Margie Taylor, D.E. and Debbie Pickney, James O. Crosby, Perry and Yvette Hubbard, Reed and Mary Salley, Winter and Ruth Wright, Walter and Sarah Baxter, Marion and Judy Altman, and Tina Fripp
 
DOCKET NUMBER:
98-ALJ-07-0196-CC

APPEARANCES:
C.C. Harness, III
Ogletree, Deakins, Nash,
Smoak & Stewart, P.C.
177 Meeting Street, Suite 310
Post Office Box 1808
Charleston, SC 29402
(843) 853-1300
ATTORNEY FOR PETITIONER

William L. Bethea, Jr., Esquire
Suite 400
Shelter Cove Executive Park
23-B Shelter Cove Lane
Post Office Drawer 3
Hilton Head Island, SC 29938
ATTORNEY FOR THE PETITIONER

Mary D. Shahid
General Counsel
OCRM
1362 McMillan Avenue; Suite 400
Charleston, SC 29405
(843) 744-5838

Ellison D. Smith, IV, Esquire
Smith, Bundy, Bybee & Barnett
Post Office Box 579
Charleston, SC 29402-0579
(843) 577-6302
ATTORNEY FOR INTERVENORS
 

ORDERS:

CONSENT ORDER OF DISMISSAL

IT HAS BEEN MADE TO APPEAR that the parties to this dispute have resolved the above referenced matter to their satisfaction and agree, and do hereby consent, to the voluntary dismissal of this action with prejudice; the Settlement Agreement is attached hereto and incorporated as Exhibit A.

NOW, THEREFORE, at the instance of attorney for the Petitioner, Spring Island Co., and with the consent of attorney for Respondent, and that of attorney for the Intervenors,

This action is hereby dismissed with prejudice and

IT IS SO ORDERED.

__________________________________

The Honorable Alison Renee Lee

Administrative Law Judge

Charleston, South Carolina

This 25th day of November, 1998.



WE SO MOVE: _________________________

C.C. Harness, III

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

177 Meeting Street, Suite 310

Post Office Box 1808

Charleston, SC 29402

(843) 853-1300

ATTORNEY FOR PETITIONER



_________________________

William L. Bethea, Jr., Esquire

Suite 400

Shelter Cove Executive Park

23-B Shelter Cove Lane

Post Office Drawer 3

Hilton Head Island, SC 29938

ATTORNEY FOR THE PETITIONER



WE SO CONSENT: __________________________

Mary D. Shahid

General Counsel

OCRM

1362 McMillan Avenue; Suite 400

Charleston, SC 29405

(843) 744-5838



__________________________

Ellison D. Smith, IV, Esquire

Smith, Bundy, Bybee & Barnett

Post Office Box 579

Charleston, SC 29402-0579

(843) 577-6302

ATTORNEY FOR INTERVENORS

STATE OF SOUTH CAROLINA

ADMINISTRATIVE LAW JUDGE DIVISION




Spring Island Company,

Petitioner,

vs.



South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management,

Respondent,



and W.D. and Doris Blackmon, Curtis and Dorothy Smart, Grant and Margaret Goldenstar, Emily Ellis, Jeanette Crosby, Henry Walker, III, Floyd and Carolyn Hill, Cecil A. Burch, Dave and Eloise Beasley, Walter and Edith Nettles, William and Lucy Hall, James and Margie Taylor, D.E. and Debbie Pickney, James O. Crosby, Perry and Yvette Hubbard, Reed and Mary Salley, Winter and Ruth Wright, Walter and Sarah Baxter, Marion and Judy Altman, and Tina Fripp,

Intervenors.

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)



DOCKET NO. 98-ALJ-07-0196-CC



SETTLEMENT AGREEMENT





The parties to the above captioned matter hereby agree as follows:

1. Spring Island Company will be allowed to construct three community docks in the size and dimensions described in the permit application. These docks will be spread out along twelve hundred (1200) ft. of shoreline of Chechessee Creek as shown on the attached drawing.

2. Spring Island will retain the use of the two existing structures on Chechessee Creek as shown on the attached drawing, with a right to repair and restore in the same configuration, size and dimensions.

3. No boats can be moored at the docks described in paragraphs 1 or 2 that are longer than thirty (30) ft. stem to stern.

4. Spring Island, its grantees, successors and assigns shall have the right to construct single family docks or joint use single family docks along Chechessee Creek for lots fronting on the creek. No such dock shall serve for use by interior lots or the common use of residents of Spring Island.

5. Spring Island, its successors and assigns, agree to seek no further permits for community docks along Chechessee Creek.

6. The parties agree to change the permit to conform to this agreement.

7. The Interveners agree to withdraw their appeal as of this permit or future single family docks described in paragraphs 1 through 5 provided these paragraphs are adhered to by Spring Island. The appeal of P/N # 971G-278-P shall be dismissed with prejudice.

8. Spring Island Company agrees to pay the attorney's fees for the Intervenors in this matter.

9. This Agreement shall be binding upon all of the parties, their heirs, successors and assigns.

This Agreement will be attached to a Consent Order of Dismissal and filed with the Court. It shall be enforceable under the applicable law and rules.

______________________________

C.C. Harness, III

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

177 Meeting Street, Suite 310

Post Office Box 1808

Charleston, SC 29402

(843) 853-1300

ATTORNEY FOR PETITIONER



_________________________

William L. Bethea, Jr., Esquire

Suite 400

Shelter Cove Executive Park

23-B Shelter Cove Lane

Post Office Drawer 3

Hilton Head Island, SC 29938

ATTORNEY FOR THE PETITIONER

__________________________

Mary D. Shahid

General Counsel

OCRM

1362 McMillan Avenue; Suite 400

Charleston, SC 29405

(843) 744-5838



__________________________

Ellison D. Smith, IV, Esquire

Smith, Bundy, Bybee & Barnett

Post Office Box 579

Charleston, SC 29402-0579

(843) 577-6302

ATTORNEY FOR INTERVENORS

Dated this 20th day of November 1998


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court