ORDERS:
ORDER OF REMAND
This matter is before the Administrative Law Court (ALC or Court) pursuant to the
Petitioner’s request for a contested case hearing, filed on March 25, 2004, regarding the South
Carolina Department of Health and Environmental Control’s (Department) issuance of a 401
water quality certification and coastal zone consistency certification. On August 20, 2004, Mary
D. Shahid, attorney for Respondent Creekside Cottages, filed a Motion for Remand with the
Court. After a phone conference on that motion with all the parties,
IT IS HEREBY ORDERED that this matter shall be remanded for reassessment of the
project by the Department based upon the discovery of additional wetlands. The reassessment
should consider, in part:
1.The Corps response to the discovery of the additional wetlands;
2.The need for public notice; and
3.The impact of the additional wetlands upon the entire project, including feasible
alternatives.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
August 31, 2004
Columbia, South Carolina |
