ORDERS:
ORDER OF DISMISSAL
This matter was pending before the Administrative Law Judge Division (ALJD) upon the request
of James F. Missroon, Petitioner, to review the decision by the South Carolina Department of
Health and Environmental Control to grant certification to the Savannah Harbor Long Term
Management Strategy (LTMS) in Savannah Harbor in response to Public Notice No.
DHEC-94-C-SAV. Pursuant to Section 401 of the Clean Water Act, the project requires DHEC
certification that it will meet state water quality standards. The petitioner was seeking review of
DHEC's decision to issue a §401 certificate pursuant to 25 S.C. Code Regs. 61-101 (Supp. 1995).
Certification is a prerequisite to the issuance of a §401 permit by the Savannah District of the
United States Corps of Engineers.
Pursuant to S.C. Code Ann. § 1-23-320 (Supp. 1995) and Rule 20 of the Rules of Procedure for
the ALJD, the United States Army Corps of Engineers was granted the right to intervene on
January 22, 1996. By letter dated May 2, 1996 (herein attached as Exhibit A), Petitioner, James
F. Missroon, has withdrawn his request for a hearing and does not believe this proceeding should
continue. As a result of his request to withdraw his petition in this matter, no further action is
required. It is therefore,
ORDERED, that the above referenced case is DISMISSED.
AND SO IT IS ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
May _____, 1996
Columbia, South Carolina.
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