King v. North Carolina Environmental Management Commission

WELLS, Judge.

This appeal presents the question of whether the superior court erred by substituting its own judgment for that of the agencies in question when it reversed the EMC’s final agency decision denying plaintiff’s request for a Section 401 Water Quality Certification. We hold that the court did err and reverse.

In an order dated 29 July 1992, the superior court reversed the final agency decision of the North Carolina Department of Environmental Health and Natural Resources. In pertinent part, the court found that the findings of fact contained in paragraphs 28, 30 and 39 were in excess…