(dissenting).
I dissent.
I believe that the one-year permit was remanded, not revoked or canceled. SDDS I, 472 N.W.2d at 512-13.
Our review is limited to whether the agency’s findings are supported by adequate evidence. Without adequate findings of fact, we have no basis upon which to conduct our review, and we cannot reach the merits of TIP’s argument that the evidence presented at the hearing was insufficient to support the public interest finding. We must remand on this issue for entry of appropriate findings, based on the record before Board at the hearing, in accordance with this decision.
Id. at 513 (citation omitted). Therefore, the one-year permit was a proper basis for issuance of a five-year renewal permit even while on appeal. It remains a proper basis, subject only to a final granting of said one-year permit by the Board on remand. See SDCL 34A-6-1.13; SDCL 34A-6-1.16.