WQCS00352_CV-2022-0002 CPA_20220817

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL 7020 1810 0002 1109 1056
RETURN RECEIPT REQUESTED
Jamal Shahbain, President
J & K General Contractors
645 Laurinburg Road
Raeford, NC 28376
NORTH CAROLINA
Environmental Quality
July 8, 2022
Subject: ASSESSMENT of CIVIL PENALTIES
For Violations of NC General Statute (G.S.) 143 215.1(a)(3)
Project: Rockfish Road
Incident Number: 202200586
Case Number: CV-2022-0002
Hoke County
Dear Mr. Shahbain:
This letter transmits a notice of a civil penalty assessed against J & K General Contractors in the amount of $6,150.16 ($6,000
civil penalty + $150.16 in enforcement costs).
This assessment is based upon the following facts: On a site visit on February 10, 2022, DWR staff observed a collection
system installed without a permit along Rockfish Road in Raeford, North Carolina. Construction was initiated prior to permit
issuance or application submittal.
Based upon the above facts, I conclude as a matter of law that J & K General Contractors violated G.S. 143-215.1(a)(3) by
altering, extending, or changing the construction or method of operation of treatment works without the required permit. In
accordance with the maximums established by G.S. 143-215.6A(a), a civil penalty may be assessed against any person who
violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of
the Department of Environmental Quality and the Director of the Division of Water Resources, I hereby make the following
civil penalty assessment against J & K General Contractors:
$ 6,000.00 For 1 of 1 violation(s) of G.S. 143-215.1(a)(3), by altering or constructing a treatment works without
a permit.
$ 150.16
$ 6,150.16
Enforcement Costs
TOTAL AMOUNT DUE

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit
payment to the attention of:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to
the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must
be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or
legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the
detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director
of the Division of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and provision
for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in

support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver
of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The
Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request."
Both forms should be submitted to the following address:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the
Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is
received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original
and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed
provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have any questions about this letter, please contact Danielle Simpson of the Fayetteville Regional Office at (910) 433-
3334or via e-mail at [e-mail]
Sincerely,
1-DocuSignedd vby: Q
"Qb
5189C2D3DD5C42B...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NC DEQ
cc: NPDES Enforcement File: CV-2022-0002 — Laserfiche
Fayetteville Regional Office — Laserfiche

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF HOKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
J & K GENERAL CONTRACTORS
ROCKFISH ROAD
INCIDENT NO. 202200586
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. CV-2022-0002
Having been assessed civil penalties totaling $6,150.16 for violation(s) as set forth in the assessment document of
the Division of Water Resources dated [July 8, 2022], the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the
day of , 20_
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: CV-2022-0002 County: Hoke
Assessed Entity: J & K General Contractors
Incident Number: 202200586 Amount Assessed: $6,150.16
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You
should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission
is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be
granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
❑ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
n (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps
that you took to correct the violation and prevent future occurrences);
❑ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something
you could not prevent or prepare for);
n (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how
payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance).
EXPLANATION:

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: J & K General Contractors —Rockfish Road
Incident Number: 202200586
County: Hoke
Case Number: CV-2022-0002
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting
from the violation;
• None documented. However, without the benefit of a complete permit application, it is impossible to determine if the
constructed infrastructure meets minimum design requirements.
2) The duration and gravity of the violation;
• Approximately 177-linear feet of 8-inch PVC has been constructed/installed without having first
applied for, and received, a valid sewer extension permit.
3) The effect on ground or surface water quantity or quality or on air quality;
• None documented. However, without the benefit of a complete permit application, it is impossible to determine if the
constructed infrastructure meets minimum design requirements.
4) The cost of rectifying the damage;
• $480 application fee plus engineering fees.
5) The amount of money saved by noncompliance;
• It is hard to determine the amount of money saved. The amount of money saved would be from non-payment of
permitting fees, possibly improper materials, and/or improper construction.
6) Whether the violation was committed willfully or intentionally;
• J and K General Contractors have installed sewer line in the past with the proper permits and were
familiar with the permitting process. The Division currently has no evidence to support this act as
being willful or intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management
Commission has regulatory authority; and
• J and K General Contractors have one additional enforcement case pending due to construction without a permit.
Sewer line was installed in another location without a permit.
8) The cost to the State of the enforcement procedures.
• Enforcement costs to the state $150.16
U
The assessment factors listed above were considered. However, since this case pertains to the non -submittal of required
information, impacts are unknown.
DocuSigned by:
7/8/2022 [.� O-QQA
Date
5189C2D3DD5C42B
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NC DEQ

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF HOKE
IN THE MATTER OF
CASE NO. CV-2022-0002
J & K General Contractors
Rockfish Road
FOR VIOLATIONS OF:
NCGS 143-215.1(a)(3)
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Trent Allen, of the Division of Water Resources
(hereby known as DWR), make the following:
I. FINDING OF FACT
A. J & K General Contractors is a person organized and existing under the laws of the State of North Carolina.
B. A DWR file review revealed that no Authorization to Construct or permit modification has been applied for
or received by the permittee.
C. On April 20, 2022, the Fayetteville Regional Office (FRO) of the DWR issued a Notice of Violation/Notice of
Intent to Enforce NOV-2022-CV-0004 to J & K General Contractors. This NOV-NOI was issued in response to
observations from an inspection on February 10, 2022.
D. DWR did not receive a letter from J and K General Contractors in response to the Notice of Violation -Notice
of Intent to Enforce NOV-2022_CV-0004:
E. North Carolina General Statute 143-215.1(a)(3) states:
(a) Activities for Which Permits Required. - Except as provided in subsection (a6) of this section, no
person shall do any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the permit:
(3) Alter, extend, or change the construction or method of operation of any sewer system, treatment
works, or disposal system within the State.
F. The cost to the State of the enforcement procedures in this matter totaled $150.16.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSION OF LAW
A. J & K General Contractors is a 'person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4).

B. On February 10, 2022, J and K General Contractors was found to have violated NCGS 143-215.1(a)(3) by
altering the treatment works without the required permit.
C. J & K General Contractors may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2),
which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per
day may be assessed against a person who is required but fails to apply for or to secure a permit required by
G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
such permit or any other permit or certification issued pursuant to authority conferred by this Part.
D. The State's enforcement cost in this matter may be assessed against J & K General Contractors pursuant to
G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
E. J. Trent Allen of the Division of Water Resources, pursuant to delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources, has the authority
to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, J & K General Contractors is hereby assessed a civil penalty of:
$ 6,000.00 1 of 1 violation of NCGS 143-215.1(a)(3) by constructing or altering treatment works without the
required permit.
$ 6,000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 150.16 Enforcement Cost
$ 6,150.16 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
1-DocuSignedd v"Qb by: Q
'51Rq(9fl4flflC49R
Date J. Trent Allen, Regional Supervisor
7/8/2022
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NC DEQ