In Re Appeal of Coastal Resources Commission Decision Against North Topsail Water & Sewer, Inc.

JOHNSON, Judge.

In 1982, Marlow F. Bostic, president of North Topsail Water and Sewer, Inc. (petitioner), applied to the North Carolina Division of Environmental Management (DEM) for a permit to construct a spray irrigation wastewater treatment facility on a tract of land east of Highway 210 and adjacent to two tributaries of Mill Creek in Onslow County.

Mill Creek and its tributaries are seaward of the dividing line between inland and coastal waters and therefore constitute “estuarine waters” for purposes of the Coastal Area Management Act (CAMA). CAMA permits are required for any…