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MATTER OF SEDIMENTATION POLL. CONT. ACT

No. 8710SC430.

373 S.E.2d 572 (1988)

92 N.C. App. 1

In the Matter of the APPEAL FROM THE CIVIL PENALTY ASSESSED FOR VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT Administered by the Department of Natural Resources and Community Development by Dennis W. Harris and wife, Natalie G. Harris and Roy J. Hall.

Court of Appeals of North Carolina.

November 15, 1988.

Attorney(s) appearing for the Case

Beach & Correll, P.A. by J. Michael Correll, Lenoir, for petitioner-appellees.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Daniel F. McLawhorn and Asst. Atty. Gen. Walter M. Smith, Raleigh for respondent-appellant.

GREENE, Judge.

This appeal arises from an attempt by the Department of Natural Resources and Community Development (the "Department") to assess a civil penalty against petitioners for violations of the Sedimentation Pollution Control Act of 1973 (the "Act"). See N.C.G.S. Sec. 113A-50 et seq. (1983). The administrative record tends to show petitioners Harris and Hall own and have subdivided an approximately eighteen acre tract of land in Caldwell County...

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