Vacate

05A-F126-DEQ · Department of Environmental Quality · 2005-11-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Appellant, Hensley’s Inc., and the Arizona Department of Environmental Quality have jointly requested the hearing in this matter be vacated and the appeal dismissed because the parties have reached a settlement regarding the application at issue. Therefore, IT IS ORDERED that the status conference scheduled to convene on December 20, 2005, be vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED that the appeal be remanded to the Director of the Arizona Department of Environmental Quality with the recommendation that it be dismissed pursuant to the terms of the parties’ settlement.

Done this day, November 29, 2005.

_________________________________ Thomas Shedden Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2005 to:

Stephen A. Owens, Director Department of Environmental Quality Attn: Judy Fought 1110 W. Washington, Sixth Floor Phoenix, AZ 85007

Edward Parker Rameshwar Adhikari Office of the Attorney General Environmental Enforcement Section 1275 West Washington Phoenix, AZ 85007

Lisa A. Brautigam Fennemore Craig, P.C. 3003 North Central, Suite 2600 Phoenix, AZ 85012

By _______________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826