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:
Dean Feltmann vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Dean Feltmann

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
99-ALJ-07-0580-CC

APPEARANCES:
Leslie Stidham
Attorney for Respondent

C.C. Harness, III
Attorney for Petitioner
 

ORDERS:

CONSENT ORDER

This matter is before me by consent of the parties for entry of a Consent Order. This contested case arose out of a dock permit application filed with the Respondent, South Carolina Department of Health and Environmental Control, Office of Ocean & Coastal Resource Management (OCRM), by the Petitioner. The application originally proposed a private dock, accessing the Wando River. OCRM issued the permit, but required that the dock terminate at a small tidal tributary. The Petitioner timely requested a contested case hearing before the Division. Prior to the hearing, the parties negotiated a settlement of the matter, agreeing upon a configuration that would avoid crossing the tributary altogether. A Consent Order was entered on March 15, 2000, incorporating the terms of this agreement.

Subsequent to the entry of the Consent Order, circumstances arose which made it necessary for OCRM to re-evaluate the nature of the tributary and the placement of the dock. After reviewing the area and the proposed project again, and in light of recent permitting decisions and case law, the Department has concluded that this tributary is in fact not navigable for purposes of OCRM Regulation 30-12 (A)(2)(n). See Affidavit of Mark Caldwell attached hereto.

The parties agree that OCRM permit no. 99-1G-281-P should be amended to allow for a 4' x 656' walkway leading to a 20' x 20' covered, fixed pierhead, a 9' x 40' floating dock, and a 20' x 25' covered boatlift, a 70' x 30' breakwater and hand rails. The agreement shall be binding on the Petitioner's heirs and assigns.

The parties also agree that the location of the dock shall be moved from the original dock location to the new dock location as set forth in the attached Agreement between the Petitioner and Remley Associates, LLC, marked Exhibit A and incorporated herein by reference.

It is therefore ORDERED that permit no. 99-1G-281-P is hereby amended to allow for the construction of a dock with the aforementioned dimensions. It is further ORDERED that the Petitioner's dock shall be constructed at the new dock location as set forth in Exhibit A attached hereto and incorporated herein by reference.

AND IT IS SO ORDERED.



______________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



September 3, 2001


Brown Bldg.

 

 

 

 

 

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