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
Subject
Michigan
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.