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STATE, EX REL. ROSS v. OVERCASH

No. COA09-318.

688 S.E.2d 835 (2010)

STATE of North Carolina, ex rel., William G. ROSS, Jr., Secretary, North Carolina Department of Environment and Natural Resources, Plaintiff-Appellee, v. Ronald Gold OVERCASH, Defendant-Appellant.

Court of Appeals of North Carolina.

February 16, 2010.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Brenda Menard, Raleigh, for the State.

Ferguson, Scarbrough, Hayes, Hawkins & DeMay, P.A., by James R. DeMay, Concord, for defendant-appellant.

ELMORE, Judge.

On 14 August 2003, the Department of Environment and Natural Resources (DENR) assessed a civil penalty against Ronald Gold Overcash (defendant) totaling $9,519.84 due to his failure to apply for a 401 Water Quality Certification before making various alterations, such as piping and grading, to a stream on his land. On 15 August 2003, DENR sent defendant a letter via certified mail notifying him of the penalty and outlining his three options for response...

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