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MATTER OF APPEAL FROM CIVIL PENALTY

No. 543A88.

379 S.E.2d 30 (1989)

324 N.C. 373

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.

Supreme Court of North Carolina.

May 4, 1989.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Andrew A. Vanore, Jr., Chief Deputy Atty. Gen., Daniel F. McLawhorn, and Daniel C. Oakley, Sp. Deputy Attys. Gen., Raleigh, for respondent-appellant Department of Natural Resources and Community Development.

Beach & Correll, Lenoir, P.A. by J. Michael Correll, and W.P. Burkhimer, Lenoir, for petitioners-appellees Dennis W. Harris, Natalie G. Harris, and Roy J. Hall.

Carolina Legal Assistance by Christine O'Connor Heinberg, and The North Carolina Council of Trout Unlimited and The North Carolina Wildlife Federation, by Thomas W. Earnhardt, Special Counsel, Raleigh, amici curiae.

MEYER, Justice.

This case arises from an assessment of a civil penalty against appellees Dennis W. Harris, his wife, Natalie G. Harris, and Roy J. Hall for violations of the Sedimentation Pollution Control Act of 1973, N.C.G.S. §§ 113A-50 to -66 ("the Act") by the North Carolina Department of Natural Resources and Community Development ("NRCD").

The administrative record tends to show that appellees own and have subdivided two adjacent tracts of...

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