South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Lewis Webb and Ken Wilkerson vs. DHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Lewis Webb and Ken Wilkerson

Respondents:
South Carolina Department of Health and Environmental Control and Buffalo Creek Farm
 
DOCKET NUMBER:
04-ALJ-07-0163-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

The above-captioned matter arises from Petitioners’ challenge to the decision of Respondent South Carolina Department of Health and Environmental Control (DHEC or Department) to issue an agricultural facility permit, number 18,839-AG, to Respondent Buffalo Creek Farm for the construction and operation of a poultry facility in Orangeburg County, South Carolina. By a Motion to Remand filed on August 17, 2004, the Department requested an order from this tribunal remanding this matter to the Department so that it can withdraw the permit issued to the Buffalo Creek Farm and subject the permitting matter in question to further agency review. Neither Petitioners, who are challenging the permit, nor Respondent Buffalo Creek Farm, who holds the permit in question, have filed any objection or other response to the proposed remand. Therefore, as there are no objections to the remand of this matter to the Department,

IT IS HEREBY ORDERED that the above-captioned case is REMANDED to the Department for further consideration of the permitting matter at issue and this case is REMOVED from the docket of the South Carolina Administrative Law Court.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge


September 8, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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