The above-captioned matter was commenced by Petitioner Jeff Romfo to challenge the
denial by Respondent South Carolina Department of Health and Environmental Control
(Department) of his application for a permit to construct a private, joint use dock in the
Beresford Creek Landing subdivision in Berkeley County, South Carolina. Subsequently, John
B. Beauston and Beresford Creek Homeowners’ Association were granted leave to intervene in
this case in support of the Department’s denial of Petitioner’s application. By a letter dated
January 12, 2005, counsel for Petitioner advised this tribunal of Petitioner’s desire to withdraw
his request for a contested case in order to explore alternative means of obtaining dock access. It
appears that all parties have been advised of this request and have no opposition to the dismissal
of this case. Therefore,
IT IS HEREBY ORDERED that the hearing in the above-captioned case scheduled for
February 3, 2005, is CANCELED and this case is DISMISSED with prejudice as to the specific
application denied by the Department in this matter. This dismissal is without prejudice to
Petitioner’s right to seek a future dock application at the location.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
January 14, 2005
Columbia, South Carolina
