ORDERS:
ORDER OF REMAND
In
the above-captioned case, Petitioners John Borden and Carole Borden challenge
the decision of Respondent South Carolina Department of Health and
Environmental Control (Department) to issue a permit to Respondents Burgess
Heyward and Emma Heyward (Respondents) to construct a private, recreational
dock in Bohicket Creek at 2884 Jesse Qualls Drive on Johns Island in Charleston
County, South Carolina. By a Motion for Remand filed on June 26, 2006, the
Department informed this Court that it has recognized an error in the survey of
the proposed dock as it relates to the extended property line between
Petitioners’ and Respondents’ properties. Therefore, the Department requests
that this matter be remanded to the Department for it to reevaluate the permit
in light of the error. Petitioners and Respondents consent to the Department’s
Motion for Remand. Therefore,
IT
IS HEREBY ORDERED that the above-captioned matter is REMANDED to the
Department for it to reevaluate Respondents’ dock permit application as
described above.
IT
IS FURTHER ORDERED that, if the Department issues a new permit to
Respondents to which Petitioners have an objection, Petitioners may restore
this matter to the active docket of the Administrative Law Court by filing a
written motion to that effect with this Court within thirty (30) days of the
date of the issuance of the permit.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
July 10, 2006
Columbia, South Carolina |
