South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
MR. JEFFREY GRAVES vs. DHEC, OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT

AGENCY:
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

PARTIES:
Petitioner:
MR. JEFFREY GRAVES

Respondents:
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
 
DOCKET NUMBER:
03-ALJ-07-0356-CC

APPEARANCES:
Newman Jackson Smith
Liberty Building, Suite 500
151 Meeting Street
Post Office Box 1806 (29402)
Charleston, SC 29401
(843) 853-5200

Attorneys for Petitioner, Jeffrey B. Graves

Leslie W. Stidham
SC DHEC OCRM
1362 McMillan Ave., Suite 400
Charleston, SC 29405

Attorneys for Respondent, South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 

ORDERS:

CONSENT ORDER OF SETTLEMENT

Mr. Jeffrey Graves appealed the Administrative Enforcement Order of the Department of Health and Environmental Control Office of Ocean and Coastal Resource Management dated March 12, 2003. The Administrative Enforcement Order provided Findings of Fact and Conclusions of Law regarding the construction of a bulkhead to control erosion on Lot Number 5, Shell Creek Landing Road, Kiawah Island, Charleston County, South Carolina pursuant to Permit OCRM-00-017-M. Prior to a hearing on the appeal of the Administrative Order Respondent and Petitioner resolved their differences and have agreed to the following settlement.

Mr. Jeffrey Graves agrees to remove that portion of the constructed bulkhead shown on the attached sketch, said portion consisting of the last section of bulkhead facing the creek and the two sections of bulkhead forming the wing-wall. The bulkhead sections to be removed may be replaced with one bulkhead section between the last existing piling of the wing-wall and the last piling left on the bulkhead facing the creek once the last section of bulkhead is removed as described above. The stone rip rap may be removed from the existing bulkhead and placed in front of the modified bulkhead.

The parties agree that said modification of the bulkhead will resolve this appeal. The parties have agreed that the modification shall occur within ninety (90) days of the execution of this Settlement Order.

AND IT IS SO ORDERED.

____________________________________

Judge C. Dukes Scott


February 5, 2004


Brown Bldg.

 

 

 

 

 

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