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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
George E. Campsen, Jr. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
George E. Campsen, Jr.

Respondents:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
06-ALJ-07-0710-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before me upon consent of both parties, as evidenced by the signatures of their counsel below, for entry of an Order of Dismissal. This contested case arises out of a permit issued by Respondent, the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (“OCRM”) to Petitioner Campsen. Petitioner owns property described as #9, 19th Avenue Isle of Palms, Charleston County, South Carolina. Petitioner resides at this property, which is located adjacent to Hamlin Creek.

Petitioner submitted a permit application seeking to modify his existing dock on Hamlin Creek. The proposed modifications include the addition of a 10’ extension to the existing walkway and a 20’ by 20’ pierhead. Based on the walkway extension and dimensions of the pierhead, the dock as modified would extend approximately 30 feet channel-ward of the existing dock.

OCRM issued a permit to Petitioner but imposed a condition on the permit that restricted the modified dock from extending any further channel-ward than the current extension. Petitioner filed this contested case, asserting that the 30’ extension was necessary based on migration of the channel in Hamlin Creek.

The parties have agreed that this contested case can be resolved by allowing Petitioner to extend his dock, in accordance with the permitted modivications, 25’channel-ward of its existing location. In order to bring effect to this resolution, Special Condition #1 of the permit must be modified. Special Condition #1 of the permit states as follows:

Provided that the 5’ by 10’ walkway section is deleted and that the

reconfigurations do not extend the structure any further channel-ward

than the current location.

The parties agree to modify Special Condition #1 as follow:

Provided that the 5’ by 10’ walkway section is reduced to 5’ by 5’.

Further, OCRM agrees to remove the restriction that the structure not extend any further channel-ward that the current location.

Based on this resolution agreed to between OCRM and the Petitioner, it is, hereby, ORDERED that permit #OCRM-06-139-R be, and is hereby modified as follows:

1. Special Condition #1 is modified to allow for addition of a 5’ by 5’ section of walkway.

2. Special Condition #1 is modified by eliminating the restriction that the structure not extend any further channel-ward that the current location of the existing structure.

And it is so ordered.

____________________________

Ralph King Anderson, III

Administrative Law Judge

November 6, 2006

I so move:

_____________________________

Mary D. Shahid, Esq.

Attorney for Petitioner

I consent:

_____________________________

Leslie S. Riley, Esq.

Attorney for Respondent


Brown Bldg.

 

 

 

 

 

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