ORDERS:
ORDER OF DISMISSAL
This matter is before the Court on Petitioners David E. Hatchell and Joseph Bartone's appeal of Respondent South Carolina
Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management's (OCRM) decision
to deny Petitioners' application to construct a private dock on an undeveloped piece of property in Cainhoy, Charleston
County, South Carolina. Said dock was to front on the Wando River. A hearing was held on this matter on September 5,
2002. All parties were present and represented by counsel. At the close of this hearing, it was requested that each party
submit a memorandum of law in support of their position. Since the close of the hearing, the parties have reached a
compromise allowing Petitioners to construct a dock.
Therefore, upon the Motion of the parties hereto,
IT IS HEREBY ORDERED that Respondent South Carolina Department of Health and Environmental Control, Office of
Ocean and Coastal Resource Management, shall issue to Petitioners a permit to construct a dock the size and dimensions
shown on Attachment A attached hereto. This dock shall at no point extend east of that point designated on the survey to
be performed and submitted by Intervenors. Said survey shall be signed by all parties and incorporated into this Order of
Dismissal as Attachment B. This action is hereby DISMISSED with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
March 5, 2003
Columbia, South Carolina |
