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:
Stephen David et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Stephen David, Carolyn David, and Mr. and Mrs. Walter Johnson

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, and Joe Lubelsky, Jr.
 
DOCKET NUMBER:
99-ALJ-07-0533-CC

APPEARANCES:
Leslie Stidham, Esquire
Attorney for OCRM

S. Thomas Worley, Jr., Esquire
Attorney for Joe Lubelsky, Jr.

C.D. Hopkins, III, Esquire
Attorney for the Petitioners
 

ORDERS:

CONSENT ORDER

This matter is before me by consent of all parties for entry of a consent order. This contested case is an appeal of OCRM permit number OCRM-99-255-1 for the addition of a covered boat lift to Respondent's private recreational dock. The dock is located on or adjacent to Hamlin Creek, Isle of Palms, South Carolina. The Petitioners, Stephen and Carolyn David, opposed the issuance of the permit, citing concerns about the obstruction of their view from their adjacent lot.

The parties agree that the permit shall be modified as shown on the exhibit attached hereto. The boatlift will be constructed adjacent to the pierhead, and will be reduced in size to 13' x 25'. The floating dock will be relocated to the other side of the boatlift, and its width will be reduced to 8'. The roof will remain over the boatlift, provided that the overhang is not more than 6" on all sides, The parties further agree that this agreement shall be binding on the Petitioner's heirs and assigns. It is therefore ORDERED that permit number OCRM-99-255-1 is issued with the aforementioned modifications.

AND IT IS SO ORDERED.





_____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



January 6, 2000.

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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