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:
South Carolina Coastal Conservation League vs. DHEC/OCRM

AGENCY:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management

PARTIES:
Petitioner:
South Carolina Coastal Conservation League

Respondents:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, and Associated Developers, Inc.,
 
DOCKET NUMBER:
03-ALJ-07-0402-CC

APPEARANCES:
James S. Chandler, Jr.
Amy E. Armstrong
Attorneys for the Petitioner, South Carolina
Coastal Conservation League

Ellison D. Smith, IV
Attorney for Respondent, Associated Developers, Inc.

Leslie W. Stidham
Attorney for DHEC/OCRM
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter arises from a contested case hearing requested by the South Carolina Coastal Conservation League (“League”) to challenge the decision of the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (“OCRM”) to issue a permit to Associated Developers, Incorporated.

On August 19, 2003, OCRM issued permit #OCRM-03-204-E to Associated Developers, Inc., which allowed the construction of a 6' x 162' cart path leading from the highground portion of Lot 38 to a 1.15 acre marsh island and a 4' x 250' walkway leading to a fixed pierhead in the Wando River at 2321 Brick Kiln Point, Lot 38, The Point at Rivertowne Country Club in Mount Pleasant, Charleston County, South Carolina. The League filed a timely notice of appeal on September 15, 2003.

Prior to the issuance of this permit, the Town of Mount Pleasant zoned the island portion of Lot 38 as “Conservation-Open Space,” which prohibits the construction of residential dwellings. The parties agree that the cart path structure was permitted based on assurances that the island would never be used for residential development since it is zoned Conservation-Open Space.

The parties have now reached an agreement to resolve this case and desire that their agreement become incorporated into this final order. The agreement of the parties is as follows:

1.Use of the 6' x 162' cart path from the highground portion of Lot 38 to the 1.15 acre island by Associated Developers, Inc. and its principals, partners, heirs, and assigns, and residents of the surrounding residential development, shall be limited to riding lawnmower type vehicles for maintenance, golf carts, wheelchair access, bicycles, or travel by foot.

2.The 1.15 acre island shall be used only as a recreation area as approved under the Town of Mount Pleasant’s Conservation-Open Space District, and to provide dock access to the Wando River, and no habitable structures shall be built on the island.

3.The landscaped portion of the island shall be limited to pathways leading between the cart path and the dock extending into the Wando River and a reasonable recreational area. Pathways between the cart path and the dock shall be limited to dirt paths or shall be constructed of pervious materials.

4.A minimum average 35 foot natural vegetated buffers which would require no maintenance or mowing must be maintained around the perimeter of the island, except at the points where the walkways connect to the island, to limit the impacts of stormwater runoff and protect water quality of the surrounding waters.

5.Parker Island Development Group, LLC, the owner of Lot 38, shall place upon the public records of Charleston County, a deed restriction on the 1.15 acre island portion of Lot 38, limiting the use and development of the island in perpetuity to those uses permitted by the Town of Mount Pleasant pursuant to Conservation-Open Space Zoning. The deed restriction is to be recorded in the chain of title for Lot 38 and the 1.15 acre island.

6.The Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, shall not issue any permits or amendments inconsistent with the terms of this Order.

7.The South Carolina Coastal Conservation League may enforce the provisions of this Order by petition to the Administrative Law Judge Division, with rights of appeal, or in any other appropriate jurisdiction.

The undersigned has reviewed the agreement of the parties and hereby incorporates this agreement as the final resolution of this case. Now, therefore, by the joint motion and consent of the parties,

This appeal is hereby DISMISSED, with prejudice, subject to the enforcement provisions incorporated in this Order.

AND IT IS SO ORDERED.



______________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667



February 27, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court