CONCERNED CITIZENS v. RHODES

No. 8928SC800.

394 S.E.2d 462 (1990)

100 N.C. App. 24

NORTH BUNCOMBE ASSOCIATION OF CONCERNED CITIZENS, INC., Successor to the Flat Creek Unincorporated Association of Concerned Citizens; Gary Hensley, President of the Corporation; and Gary Hensley, Individually and wife, Debbie Hensley; Plaintiffs v. Thomas RHODES, Secretary of N.C. Department of Natural Resources & Community Development; Stephen G. Conrad, Director of the Division of Land Resources, N.C. Dept. of Natural Resources and Community Development Individually and as Director of the Division of Land Resources for the Department of Natural Resources and Community Development; Charles Gardner, Chief of Land Quality Section, Division of Land Resources, N.C. Dept. of Natural Resources and Community Development, Individually and as the Chief of the Land Management System; Thomas Carroll, Mining Specialist, Land Quality Section, Division of Land Resources and Community Development, Individually and as an employee of the Department, Division, and Section; R. Paul Wilms, Director of Division of Environmental Management, N.C. Dept. of Natural Resources and Community Development in his official capacity; James S. Lofton, Secretary of the Dept. of Administration, in his capacity as the designated Director of the State Agency charged with the administration of North Carolina Environmental Policy Act; The North Carolina Department of Natural Resources and Community Development, a Division of the State Government; and Vulcan Materials Company, a New Jersey Corporation; Defendants.

Court of Appeals of North Carolina.

August 7, 1990.


Attorney(s) appearing for the Case

Jeffrey P. Hunt and Steve R. Warren, Long, Parker, Hunt, Payne & Warren, Asheville, for plaintiffs.

Philip A. Telfer, Asst. Atty. Gen., Raleigh, H. Grady Barnhill, Jr., Keith A. Clinard, and R. Howard Grubbs, Womble Carlyle Sandridge & Rice, Winston-Salem, for defendants.


COZORT, Judge.

On 15 June 1987, Vulcan Materials Company, Inc. (Vulcan), pursuant to N.C.Gen. Stat. §§ 74-50, -51, submitted an application for a mining permit to the then North Carolina Department of Natural Resources and Community Development, now known as the Department of Environment, Health, and Natural Resources, hereinafter DEHNR. On 10 June 1987, Vulcan had notified the Buncombe County Board of Commissioners...

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