Final Determination and Order: Subject: Part 301, Inland Lakes and Streams, and Part 353, Sand Dunes Protection and Management, of The Natural Resources and Environmental Protection Act, 1994 PA 451, as Amended (NREPA) Petition of Dune Harbor Estates, LLC

Abstract

This case was the subject of a contested case hearing resulting in the issuance of a Proposal for Decision (PFD) dated February 24, 2004. Subsequently, the Parties submitted written Closing Argument and Oral Argument was heard. After considering the evidentiary record, a deficiency was discovered in the evidence concerning feasible and prudent alternatives for the activity regulated under Part 353. The case was remanded to the Administrative Law Judge for the development of a record on that issue.[FN1] The remand hearing took place over the course of three days in May 2005. The Parties again submitted written Closing Argument, including proposed findings of facts and conclusions of law. Those filings have been reviewed and considered to the extent they accurately reflect the record and the law. Proposed findings and conclusions not addressed were either found to be unsupported by the record or unnecessary in preparing this Final Determination and Order (FDO). Having read the record created on remand, there is no need for a Supplemental PFD. MCL 24.281. This matter is now before the Director of the Department of Environmental Quality (DEQ) for a final agency decision. MCL 324.99903(7); 2003 MR 2, R 324.74.