Hensley v. North Carolina Department of Environment & Natural Resources

STEELMAN,

Judge dissenting.

I must respectfully dissent from the majority’s decision to reverse the trial court’s order granting respondent’s motion for summary judgment. The fundamental purpose of N.C. Gen. Stat. § 113A-57(1) is to control the effects of sedimentation resulting from land-disturbing activities. Based upon a proper application of this principal, respondent issued a variance to Mountain Air, and the trial court properly affirmed respondent.

I. Additional Factual and Procedural Background

Before undertaking this project, Mountain Air obtained a Clean. Water Act § 401 Water Quality…