In re the Appeal from the Civil Penalty Assessed for Violations of the Sedimentation Pollution Control Act Administered by the Department of Natural Resources & Community Development by Harris

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, North Carolina. In enlarging a subdivision of this tract, petitioners allegedly disturbed approximately two and one-half acres of land by…