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MATTER OF APPEAL FROM DENIAL OF APPLICATION TO DREDGE

No. 793SC302.

261 S.E.2d 510 (1980)

44 N.C. App. 554

In the Matter of the APPEAL FROM the DENIAL OF the APPLICATION TO DREDGE AND/OR FILL OF the BROAD AND GALES CREEK COMMUNITY ASSOCIATION.

Court of Appeals of North Carolina.

January 15, 1980.

Attorney(s) appearing for the Case

Bennett, McConkey & Thompson by Thomas S. Bennett, Morehead City, for applicant-appellant.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. W. A. Raney, Jr., and Asst. Atty. Gen. Amos C. Dawson, III, Raleigh, for the Marine Fisheries Commission.

Wheatly, Wheatly & Davis by Warren J. Davis, Beaufort, for Rugumak, Ltd.

HEDRICK, Judge.

Chapter 113 of the North Carolina General Statutes is entitled "Conservation and Development." The provision in question on this appeal, § 113-229, provides in pertinent part as follows:

Permits to dredge or fill in or about estuarine waters or state-owned lakes.—(a) Except as hereinafter provided before any excavation or filling project is begun in any estuarine waters, tidelands...

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