Crowell Constructors, Inc. v. North Carolina Department of Environment, Health, & Natural Resources

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)(l)a. (Cum. Supp. 1991) and alleges there is no substantial evidence in the record to support a conclusion that petitioner mined without a permit. We disagree and affirm.

Pe…