ORDERS:
ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division")
pursuant to a request from Irmgard Titus ("Petitioner"), dated June 21, 1998. Petitioner requested
review of the decision rendered by the South Carolina Department of Health and Environmental
Control, Bureau of Ocean and Coastal Resource Management ("Respondent"). Respondent denied
Petitioner's permit for the construction of a private dock on and adjacent to Hobcaw Creek at 915
Blue Crab Way, Heron Point Subdivision, Mount Pleasant, South Carolina. A Motion for Leave to
Intervene was filed by Joseph Benich ("Intervenor") on July 17, 1998. An Order Granting Motion
to Intervene was issued on August 12, 1998.
As noticed to the parties, a hearing was scheduled for January 4, 1999. Settlement
negotiations ensued between the parties, but all matters were not resolved, prior to the hearing date.
Therefore, the hearing convened as scheduled. Any issues raised in the proceedings or hearing of
this case but not addressed in this Order are deemed denied. ALJD Rule 29(B).
1. Respondent, OCRM agrees to issue a permit to Petitioner, Titus to construct a dock
in accordance with the drawing attached hereto as Attachment A. The walkway to Petitioner's dock
may not be constructed any closer to the Benich property line (Lot 26) than 23 feet from the existing
dock owned by General Poole (Lot 29). A 6-1/2 x 8 feet pierhead will be constructed at the end of
the walkway on Hobcaw Creek. The walkway will be perpendicular to the pierhead and situated
such that the eight-foot width of the pierhead is centered to the walkway.
2. Petitioner agrees to accept all other general conditions of the permit and to dismiss
the appeal with prejudice.
3. As agreed during the hearing, Intervenor, Benich is satisfied with the settlement terms
as outlined above, and agrees with the disposition of this proceeding.
IT IS THEREFORE ORDERED that the above-outlined settlement terms are incorporated
herein.
IT IS FURTHER ORDERED that Docket No.: 98-ALJ-07-0393-CC is dismissed with
prejudice.
AND IT IS SO ORDERED.
_______________________________
ALISON RENEE LEE
Administrative Law Judge
January 12, 1999
Columbia, South Carolina. |
