ORDERS:
CONSENT ORDER
This proceeding is a contested case appeal filed by Carl Dipace to challenge the decision of the South Carolina Department
of Health and Environmental Control, Office of Ocean and Coastal Resource Management, to issue a permit to Carol
Hardman to construct a dock. Respondent Carol Hardman was dismissed as a party by Order dated January 21, 2003, for
failure to file a Prehearing Statement. The remaining parties, OCRM and Carl DiPace, have reached an agreement to
resolve this controversy and have requested that the agreement be made the final administrative order in this case.
The parties have agreed to the following:
1. The parties stipulate to the following facts: (a) OCRM's file indicates that no affidavit of ownership was
submitted by the applicant, Carol Hardman, as required by S.C Code Ann. § 48-39-149 and Regulation 30-2.B.(4); and (b)
OCRM's file indicates that OCRM has two outstanding Enforcement Orders issued against the applicant and her agent,
Doug Hardman, finding them in violation of the Coastal Zone Management Act, SC Code Ann. §§ 48-39-10, et seq. See
Regulation 30-4.I.
2. The parties conclude that the following actions are appropriate and shall constitute the disposition of this appeal:
A. The decision to issue Permit #OCRM-02-107-M issued to Carol Hardman is reversed and the permit is
revoked, without prejudice.
B. OCRM will not accept another application from Carol Hardman, or any other person, for a permit for a
dock or other activity in the critical area at the site of Permit #OCRM-02-107-M and the Hardman Enforcement Orders,
until and unless all directives of said Enforcement Order, requiring restoration of the boat ramp to its original contours and
removal of rip-rap bulkhead have been complied with in full, and all damage to the critical area caused by unpermitted
activities at said site has been fully repaired.
C. Carol Hardman, or any owner or authorized representative of the owner of the upland property at this
project site, may reapply for a permit for a dock at the project site after the conditions of this order have been met, provided
that the application must comply with all OCRM regulations, in particular, the requirement of an affidavit of ownership or
showing of permission to use the land and compliance with after-the fact permit regulations 30-4.I.
D. Carl DiPace will not appeal any permit issued to Carol Hardman or other person for use of the critical
area at this site, provided that the permit is for a fixed pierhead in a location agreeable to Mr. DiPace and that the terms of
this Order have been carried out.
E. OCRM will take action necessary to ensure compliance with prior Enforcement Orders for violations of
the Coastal Zone Management Act at the project site.
The undersigned has reviewed this agreement and accepts it as the final disposition of this proceeding and as the order of
the Administrative Law Judge Division. This matter is hereby dismissed, without prejudice to any party's right to take
appropriate action to carry out or enforce the terms of this Order.
AND IT IS SO ORDERED.
_________________________________________
C. Dukes Scott
ADMINISTRATIVE LAW JUDGE
February 6, 2003
Columbia, South Carolina |
