ORDERS:
CONSENT ORDER OF DISMISSAL
The case is a contested case appeal of a permit issued to Inlet Oaks Development
Corporation by the South Carolina Department of Health and Environmental Control, Office of
Ocean and Coastal Resource Management. The parties have entered into an agreement to resolve
the case and have requested that their agreement be adopted as the Order of this Court.
The Court has reviewed the parties’ agreement and has concluded that it would be
appropriate to adopt the agreement as the Court’s Order in this case.
The agreement of the parties is as follows:
DHEC/OCRM Permit Number 2003-1H-115-P, issued to Inlet Oaks Development
Corporation shall be revoked as originally issued and shall be reissued under the following terms
and conditions:
1. Page 1 of the permit shall be modified, so that the section currently titled “Description
of the Project, As Proposed” shall be deleted. In place of this section shall be the following:
DESCRIPTION OF THE PERMITTED PROJECT
The work allowed under this permit consists of (1) the construction of
approximately 600 linear feet of bulkhead along the critical area boundary; (2) the
construction of a 12-foot wide by 150-foot long concrete boat ramp; and (3) the
excavation and removal of a limited amount of material from the mouth of the
existing basin adjoining the property. In addition, the applicant is allowed to
construct 4 docks pursuant to Permit Numbers 2003-1H-132-P; 2003-1H-133-P;
2003-1H-134-P; 2003-1H-135-P . The special conditions stated below and the
attached project plans provide further definition of the scope and limits of the
project. The purpose of the project is for erosion control and to provide better
water flow between the existing basin and the adjoining creek.
2. Final drawings are attached to this order indicating the length, width, and depth of the
dredge channel; the location of the proposed boat ramp; and the location of the bulkhead at the
new critical area line. The final drawings shall become the sole drawing to be used during
construction under the new permit. The drawings of the project area and new depth profiles
clearly identify the limits of dredging and reflect all the conditions of the new permit and are the
sole drawings to be used during construction under the new permit.
3. The sections of the permit presently entitled “Critical Area Permit Special Conditions”
and “Water Quality Special Conditions” shall be deleted and replaced with the following:
SPECIAL CONDITIONS
This critical area permit and water quality certification are limited by the
following special conditions:
1. Dock special conditions:
A. P/N #2003-1H-136-P for a joint use dock for Lots 13 & 14 is denied.
B. P/N #2003-1H-132-P authorizes a dock for Lot 7; P/N #2003-1H-133-P
authorizes a joint use dock for Lots 8 & 9; P/N #2003-1H-134-P authorizes
a joint use dock for Lots 10 & 11; and P/N #2003-1H-135-P authorizes a
joint use dock for Lots 12 & 13, as indicated on the amended site plan dated
8/28/03 and attached to this permit.
C. No boatlifts are allowed on the proposed docks.
D. No boats with marine sanitation devices (MSD’s) can be moored at any
of the four floating docks.
E. Inlet Oaks Development Corporation shall record in the Office of the
Georgetown County Register of Deeds, prior to any dock construction,
restrictive covenants that limit the number of docks to the four docks
authorized under this permit and prohibiting the addition of boat lifts to the
docks. The dock master plan dated 8/28/03 and attached to this permit shall
be attached to the restrictive covenants for recording. No dock permits
other than those for the four docks authorized under this permit shall be
issued.
2. Bulkhead construction conditions:
A. The bulkhead must be constructed at the critical area line. The
critical area line shall be reconfirmed by OCRM as approved by all
parties and shall be surveyed and shown on the final drawings. The
critical area line at the area of the existing stormwater pipe shall be
staked and agreed upon in the field by the parties prior to final
issuance of the permit and shown on the drawings attached to the
final permit.
B. The permittee must restore all unintentionally disturbed areas to their
original contours and conditions following construction.
3. Boat ramp special conditions:
A. The boat ramp shall be constructed at a new location to a point
west and above the stormwater pipe, as shown on the new drawings.
No part of the boat ramp shall be located in spartina marsh grass.
B. After construction of the new boat ramps, the permittee shall
remove the existing boat ramp and dilapidated seawall found
channelward of lot 7. After removal of the existing boat ramp, the
area must be restored to its natural contours and sprig spartina grass
must be replanted over the area.
C. As an alternative to relocating the existing boat ramp, the permittee, at
its option, may eliminate the existing boat ramp and construct a community
dock at the location of the proposed boat ramp or may construct a
community dock alongside the existing boat ramp.
4. Dredging special conditions:
A. The purpose of the dredging is to remove the sandbars at the mouth of
the basin that are constricting the flow of water. The area to be dredged
shall be clearly marked and limited to the area designated on new plans,
drawings and depth profiles that will be submitted by Inlet Oaks
Development Corporation and approved by OCRM and the Petitioners and
Intervenors.
B. The length, width, depth and location of the dredge channel shall be
clearly displayed on the attached drawings. Dredging depth is limited by the
natural creek depth as indicated by the elevation survey performed on ____
dated ____ and attached to this permit. Dredging to depths lower than the
natural creek bed is not permitted under any circumstances and the work
shall be limited to widening the existing channel at the mouth by removing
the existing sandbar.
C. The dredged area must be sloped so that the bottom elevation of
all dredged areas upstream from the outward limits of the dredging
area are at a shallower depth than the outward limits, to maintain a
full tidal exchange and water circulation.
D. The dredged area must be sloped and no dredging is allowed that
will cause marsh grass sloughing or undermining of marsh grass.
The dredge profile must taper into the existing profile.
E. Dredging is limited to the period October 1 through February 28.
F. Turbidity curtains must be placed at the mouth of the basin to
minimize sedimentation into the adjacent waters and all necessary
measures must be taken to prevent oil, tar, trash, debris and other
pollutants from entering the adjacent waters or wetlands.
G. Authorization under this permit is for a one-time dredging event and no
maintenance dredging is authorized. Any future maintenance dredging will
require a new permit authorization that includes a dedicated spoil disposal
site. Any dredging outside of the boundaries of the original permit will
require a modification to this permit. Petitioners and Intervenor will not
oppose any such modification, provided its only purpose is to ensure
removal of the entire sandbar for tidal exchange.
H. All excavated materials must be hauled off site or placed on onsite
highland and properly contained and permanently stabilized to prevent
erosion.
I. A final dredging plan must be submitted to counsel for Petitioners and
Intervenor at the same time as submitted to OCRM and must be approved,
in writing, by OCRM staff prior to dredging. The plan must include a
dredging schedule, procedures to ensure that the limits of dredging are
complied with, the establishment of a dredging log, procedures to handle
emergency situations and must state what equipment will be used to
perform the dredging. If OCRM determines that it is practical to use
mechanical means, rather than a hydraulic dredge, then the plan shall state
what equipment will be used.
J. Provided that if archaeological or paleontological remains are
encountered prior to or during construction, we request that work stop and
the State Historic Preservation Office be notified at 803-734-8615. If these
materials include any underwater archaeological or paleontological remains
the permitee should also notify the SC Institute of Archeology and
Anthropology at 803-777-8170 pursuant to SC Code of Laws 54-7-400, et
seq. Archaeological remains consist of any materials made or altered by
man, which remain from past historic or prehistoric times (i.e. older than 50
years). Examples include old pottery fragments, metal, wood, arrowheads,
stone implements or tools, human burials, historic docks, structures or
nonrecent (i.e. older than 100 years) vessels ruins. Paleontologic remains
consist of old animal’s remains, original or fossilized, such as teeth, tusks,
bone or entire skeletons.
4. When constructing the new boat ramp, removing the existing boat ramp, constructing
the bulkhead, and dredging the applicant must use best management practices that shall be reduced
to writing and approved by the agencies with input from the Petitioners to minimized
sedimentation into adjacent waters.
5. This agreement is not final until all individual parties and/or authorized representatives
have executed this agreement.
6. Before dredging occurs, Inlet Oaks Development Corporation must give one week’s
notice to OCRM. OCRM must notify Petitioners’ attorney and Inlet Oaks Development
Corporation must allow one representative of Petitioner and Intervenor organizations to be on-site
observers. An OCRM representative shall be designated for each day of dredging as the contact for
resolution of any disputes over whether the work is being conducted in compliance with permit.
7. Notwithstanding the dismissal of the administrative appeal pursuant to and provided in
this agreement, any violation of the agreement entitles any of the parties to this action to apply to
the Georgetown Circuit Court or the South Carolina Administrative Law Court to obtain an Order
against any of the party or parties hereto requiring specific performance of the terms and
conditions of this settlement agreement. The prevailing party shall be entitled to reasonable
attorneys fees and costs.
8. Should any separate part of this document be held contrary to law, the remainder shall
remain in full force and effect.
In accordance with this agreement, OCRM Permit Number 2003-1H-115-P shall be, and
hereby is, directed to be amended as stated herein. No work shall occur under the permit until all
revised drawings have been obtained and the new, revised permit issued.
Now, therefore, upon the joint motion and consent of the parties, this case is hereby
dismissed, with prejudice except as to enforcement of the terms of the agreement stated herein.
AND IT IS SO ORDERED.
________________________________________
Carolyn C. Matthews
Administrative Law Judge
Columbia, South Carolina
August 6, 2004 |
