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HENSLEY v. DEPT. OF ENV. AND NAT. RES.

No. COA08-1307.

685 S.E.2d 570 (2009)

Nancy HENSLEY, Diane Kent, and Clean Water for North Carolina, Inc., Petitioners-Appellants, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Division of Land Resources, Respondent-Appellee, and Mountain Air Development Corporation, Respondent-Intervenor.

Court of Appeals of North Carolina.

November 17, 2009.

Attorney(s) appearing for the Case

Southern Environmental Law Center, by J. Blanding Holman, IV, Julia F. Youngman, and Geoffrey R. Gisler, Chapel Hill, for Petitioners-Appellants.

Attorney General Roy Cooper, by Assistant Attorney General Edwin Lee Gavin II and Assistant Attorney General Sueanna P. Sumpter, for Respondent-Appellee.

Smith Moore Leatherwood, LLP, by Ramona Cunningham O'Bryant; and McGuirewoods, LLP, by Benne C. Hutson, for Respondent-Intervenor.

McGEE, Judge.

Mountain Air Development Corporation (Mountain Air) owns Mountain Air Country Club in Yancey County. At the time the dispute in this case arose, Mountain Air Country Club included a lodge, an eighteen-hole golf course, residences, and a private airstrip. Mountain Air sought approval in 2003 to construct a nine-hole golf course along and over Banks Creek, certified trout waters (trout waters), as defined by 15A N.C.A.C. 2B.0304 (a)(1). Mountain Air sought...

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