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 |