ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is currently before the Administrative Law Judge Division upon an appeal of
the decision of DHEC/OCRM on October 23, 2003 to deny to Petitioner Buckhannon a dock
permit, P/N # OCRM-03-244-R. The parties have now reached an agreement to resolve all issues
in this case.
Upon motion and consent of all parties it is agreed as follows:
1.The Petitioner has secured an easement from the adjoining property owner
allowing for shift in property lines, allowing for a wider dock corridor.
2.In light of this, the permit for a single family use dock will be granted to the
Petitioner, consistent with the attached drawing, provided that permission for such
construction is granted by S.C. Department of Transportation prior to granting of
the construction placard.
3.SCDHEC/OCRM agrees to this corridor provided that:
A.The dock complies with all appropriate regulations.
B.The dock and walkway is surveyed according to SCDHEC/OCRM
regulations. OCRM reserves the right to review the location in the field in
advance of granting a construction placard. The agency shall issue its
permit without further notice provided the size, location and configuration
are consistent with that submitted by application and approved by the
agency.
4.All parties agree to dismissal of this action with prejudice.
AND IT IS SO ORDERED
Date:June 11, 2004 ______________________________
Ralph King Anderson, III
Administrative Law Judge |
