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:
Gregory D. Keith vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Gregory D. Keith

Respondent:
S.C. Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
99-ALJ-07-0498-CC

APPEARANCES:
Jerry N. Theos
Attorney for Petitioner

Mary D. Shahid
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

This matter is before me upon motion and consent of all parties for entry of a consent order. This contested case is an appeal of the conditional issuance of OCRM permit number OCRM-99-322-I for the construction of a private dock at 1162 Cainhoy Village Road, Wando, Berkeley County, South Carolina. The permit allowed 10' x 15' fixed pierhead with a mono-sloped roof. On the channel side of the pierhead there would have been a ramp leading to a 10' x 40' floating dock. The Petitioner had originally requested a 24' x 24' fixed pierhead with a 4-sided roof, and a ramp leading to a 16' x 50' floating dock.

Upon review of the site as well as other permits issued for docks in this area, OCRM has concluded that the Petitioner is entitled to a larger dock than was originally permitted. Both parties agree that the fixed pierhead will be 20' x 20', and the floating dock will be 12' x 40'. Aside from these modifications, both parties agree that the dock will be constructed to the specifications provided in the original permit issued by OCRM. The parties further agree that this agreement shall be binding on the Petitioner's heirs and assigns.

The Petitioner appealed the section of the permit allowing a mono-sloped roof, instead of a four-sided roof as was requested in the application. The Petitioner hereby withdraws his appeal of that part of the permit, without prejudice. The parties agree that the Petitioner may pursue his appeal of that part of the permit at a later date.





It is therefore, ORDERED that OCRM-99-322-I is issued with the aforementioned modifications.

AND IT IS SO ORDERED.



_________________________________

C. Dukes Scott

ADMINISTRATIVE LAW JUDGE



November 19, 1999


Brown Bldg.

 

 

 

 

 

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