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  5. 386 S.E.2d 92 (1989)
 

APPEAL OF COASTAL RESOURCES COM'N

No. 894SC193.

386 S.E.2d 92 (1989)

96 N.C. App. 468

In the Matter of Appeal of COASTAL RESOURCES COMMISSION Decision against North Topsail Water and Sewer, Inc.

Court of Appeals of North Carolina.

December 5, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Robin W. Smith, Raleigh, for respondent-appellant, N.C. Coastal Resources Com'n.

Lanier & Fountain by Gordon E. Robinson, Jr., Jacksonville, for petitioner-appellee.

JOHNSON, Judge.

In 1982, Marlow F. Bostic, president of North Topsail Water and Sewer, Inc. (petitioner), applied to the North Carolina Division of Environmental Management (DEM) for a permit to construct a spray irrigation wastewater treatment facility on a tract of land east of Highway 210 and adjacent to two tributaries of Mill Creek in Onslow County.

Mill Creek and its tributaries are seaward of the dividing line between inland and coastal waters and therefore...

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