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Holly Ridge Assocs., Ltd. Liab. Co. v. North Carolina Dep't of Env't & Natural Resources

ELR Citation: 36 ELR 20059
Nos. No. COA03-1686, (N.C. Ct. App., 03/21/2006)

A court affirms a civil penalty assessed against a land developer for violating the North Carolina Sedimentation Pollution Control Act. The lower court properly rejected the developer's claim that its activities fell under the Act's forestry exemption. The exemption applies to activities specifically undertaken "for the production and harvesting of timber and timber products," not to drainage activities for other purposes. In addition, the lower court properly placed the burden of proving the exemption on the developer. Last, the state agency was not required to follow its written memoranda on forestry operations. These memoranda are unenforceable because they were never promulgated as rules. And even if they were enforceable, the agency substantially complied with them.