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CROWELL CONSTR., INC. v. N.C. DEPT. OF ENVIR.

No. 9112SC576.

421 S.E.2d 612 (1992)

CROWELL CONSTRUCTORS, INC., Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES, Respondent-Appellee.

Court of Appeals of North Carolina.

October 20, 1992.

Attorney(s) appearing for the Case

McCoy Weaver Wiggins Cleveland & Raper, by Richard M. Wiggins and Kimbrell Kelly Tucker, Fayetteville, for petitioner appellant.

Attorney General Lacy H. Thornburg, by Asst. Atty. Gen. Kathryn Jones Cooper, Raleigh, for respondent appellee.

COZORT, Judge.

Petitioner appeals from a judgment affirming a final agency decision issued by the North Carolina Mining Commission ("Mining Commission"), which imposed a $26,000.00 civil penalty against petitioner for mining without a permit. Petitioner contends the Mining Commission erred in imposing penalties for violations which occurred prior to its receiving notice of the violations pursuant to N.C.Gen.Stat. § 74-64(a)(1)a. (Cum.Supp.1991) and alleges there...

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