APPEARANCES:
Mary and Richard Garcia and Janice Maize, pro se
Leslie Stidham, Esquire, for the Department
Randoph Cooper, Esquire
Ellison V. Smith, IV, Esquire, for the Intervenor |
ORDERS:
ORDER OF REMAND
This matter is currently pending before the South Carolina Administrative Law Judge Division. The Petitioners protest the South
Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management's (OCRM) issuance
of a permit to construct a private dock on Toomer Creek, Lots 14 and 15, Park West Subdivision, Mount Pleasant, South Carolina.
Prior to the hearing in the matter, OCRM filed a Motion to Suspend and Remand. Also prior to the hearing in this matter, Ellison D.
Smith, IV, Esquire, attorney for Park West, LLC, filed a Motion to Intervene. A hearing on this matter was held August 14, 2000 at
10:00 a.m., at the Charleston County Judicial Center, 2144 Melbourne Avenue, North Charleston, South Carolina.
At the hearing, I granted Park West LLC's Motion to Intervene. During argument on OCRM's Motion to Suspend and Remand,
OCRM argued that information provided to the OCRM staff with regard to the existing corridor lines for the lots in question might be
incorrect. OCRM asked that the permit be remanded to the Department so that the application may be reassessed using correct
information. For good cause shown, it is hereby:
ORDERED that this matter is remanded to OCRM for review of the permit application for permit number OCRM-00-161-J using the
corrected information.
IT IS FURTHER ORDERED that any party may timely file for a hearing before the Administative Law Division should the dispute
remain unresolved after further review by OCRM.
AND IT IS SO ORDERED.
___________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
August 16, 2000
Columbia, South Carolina |
