ORDERS:
CONSENT ORDER OF DISMISSAL
This matter was before me on November 10, 2003, for a contested case hearing. This is an appeal filed by
Petitioner Trever H. Wells (“Wells”) of a conditional permit issued by Respondent S. C. Department of Health and
Environmental Control, Office of Ocean and Coastal Resource Management (“OCRM”).
Following the presentation of the Petitioner’s case the parties advised the Division that a settlement had been
reached in this matter. Therefore, based on the consent of the parties as evidenced by their signatures below, I make
the following findings of fact:
1.Mr. and Mrs. Laumand Wells own property located in Beaufort County, S. C., in the Town of
Bluffton, known as 49 Verdier Cove Rd. This property is located adjacent to the May River.
2.Mr. and Mrs. Laumaund Wells designated their son, Trever H. Wells, as their authorized agent for
purposes of obtaining a dock permit for 49 Verdier Cove Rd. Trever Wells retained the services of a marine contractor,
Forrest Baughman, to submit a dock permit application for 49 Verdier Cove Rd. Mr. Baughman submitted an
application to OCRM seeking a dock consisting of a walkway 6 feet by 425 feet long, with a 20’ by 20’ fixed pierhead,
a 14’ by 34’ floating dock, and a 16’ by 16’ deck. This permit was issued with Special Conditions.
3. Special Condition 3 of the issue permit provided that the “walkway width is reduced to 4’ wide and
the structure is no further channelward than existing adjacent docks.” Trever Wells appealed that portion of Special
Condition 3 that limited the width of the walkway to 4 feet.
4.Mr. and Mrs. Laumand Wells are elderly, and are both suffering from arthritis. Mr. Wells suffers
from severe arthritis and relies on a wheel chair for mobility. Ms. Wells’ arthritis is not as extreme as Mr. Wells’, but
she also relies on a golf cart, or scooter, for mobility outside of their home. Both Mr. and Mrs. Wells would require
assistance by wheelchair or by golf cart to traverse the dock.
5.49 Verdier Cove Rd. is located on a bluff, overlooking the May River. The walkway proposed for
this dock will commence approximately 30 feet above the top of the marsh grass, and gradually slope to an elevation
of approximately 20 feet above the top of the marsh grass where the edge of the marsh grass meets the open water of
the May River. Such elevations are uncommon in the low-country for dock construction, and are a result of the site
specific conditions at 49 Verdier Cove Rd. Such elevations will greatly diminish the potential for shading impacts to
marsh grass resources located under the dock.
Based on these findings, and on the consent of all parties, I conclude as follows:
1.Construction of a dock at 49 Verdier Cove Rd. with a five foot wide walkway is consistent with
OCRM Regulation 30-12 (A)(2)(f) based on Petitioner’s demonstration of justification for the need for a wider
walkway.
2.Construction of a dock at 49 Verdier Cove with a five foot wide walkway is consistent with OCRM
Regulation 30-12 (A)(2)(f) based on the unique circumstances surrounding this permit. There is a limited potential
for negative impacts to salt marsh resources, based on the elevation of the walkway structure over marsh grass. This
elevation is a site specific condition, unique to this property.
Therefore, Special Condition # 3 of OCRM-03-843, issued to Trever Wells on May 1, 2003, is hereby modified
to allow for construction of a five foot wide walkway. All other Special Conditions contained in the issued permit are
valid and are unaltered by this Consent Order of Dismissal.
And it is so ORDERED.
This 26th day of November, 2003_____________________________
The Honorable Ray N. Stevens
Administrative Law Judge |
