Thursday, November 19, 2009
Judge rules clearing of streamside canopy improper but appeals court overturns, rules for developer; Yancey County, NC
Laws, Life, and Legal Matters - Court Cases and Legal Information at Leagle.com - All Federal and State Appeals Court Cases in One Search: "The Commission granted Mountain Air's request for a variance from the buffer requirements mandated in N.C. Gen. Stat. § 113A5-7(1). Mountain Air then proceeded to remove trees and tree canopy along 2,763 feet of Banks Creek, and to clear all buffer vegetation along 160 feet of Banks Creek. Mountain Air also temporarily diverted the course of a section of Banks Creek through pipes eighteen inches in diameter in order to install 1,868 feet of underground pipes, some as small as 36 inches in diameter. Finally, Mountain Air redirected that section of Banks Creek into the underground pipe system, and began construction of a fairway over a section of the piped trout waters."