SW7061104_CURRENT PERMIT_20061213

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW & /, l
,4
DOC TYPE
CURRENT PERMIT
rAPPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

Wl;�
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 13, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 0100 0000 8379 3983
Mr. Ronald B. Alford
OBX I, LLC
P.O. Box 1070
Worthington Ohio 43085
SUBJECT: Assessment of Civil Penalties
OBX I, LLC
Residential Development
Nags Head, Dare County
Case No. CV-2006-0024
Dear Mr. Alford:
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against OBX I, LLC in the amount of $1,228.22, which
includes $ 228.22 in investigative costs. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the Department
of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources. Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Do not include the attached waiver form if making
payment.
Please send payment to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
X0
North Carolina Division of Water Quality Internet: ¢vco110\01Crt L1111M.or^_ One
943 Washington Square Mall Phone [phone] NorthCarofina
Washington, NC 27889 Fan [phone] Nahum ly

2. Submit a written request for remission or mitigation including a detailed justification for
such request:
X0
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver form and the attached "Justification for
Remission Request' which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file
your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark)
indicating when we received your response, will result in this matter being referred to the Attorney General's
Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments
may be levied for future violations that occur after the review period of this assessment.
If you have any questions, please contact me at [phone].
Sincerely,
Al Hodge,. Regional Supervisor
Surface Water Protection
Washington Regional Office
Division of Water Quality
ATTACHMENTS
cc: WARO -Files ✓
DWQ - Wetlands & Stormwater Branch -NPS Assistance & Compliance Oversight Unit
DWQ - Central Files
Susan Massengale, PIO

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: CV-2006-0024 County: Dare
Assessed Party: OBX I, LLC
Amount Assessed: S 1,228.22
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 maybe 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. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
_ (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);
(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(attach additional pages as necessary):

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF DARE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
OBX 1, LLC ) STIPULATION OF FACTS
RESIDENTIAL DEVELOPMENT )
FILE NO. CV-2006-0024
Having been assessed civil penalties totaling $1,228.22 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 13, 2006, 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 Quality 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
SIGNATURE
ADDRESS
11'I MOV81919to1
20

STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF
OBX I, LLC
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT
AND NATURAL RESOURCES
Case No. CV-2006-0024
RESIDENTIAL DEVELOPMENT ) FINDINGS AND DECISION
AND ASSESSMENT OF
FOR VIOLATIONS OF ) CIVIL PENALTIES
15A NCAC 2H .1003 )
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Al Hodge, of the Division of Water. Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. OBX I, LLC has developed a residential site at 3616 Virginia Dare Trail in
Nags Head, NC.
B. On November 6 2006, DWQ Washington Regional Office received a
stormwater permit application for the OBX I, LLC project located at 3616
Virginia Dare Trail, Nags Head, NC in Dare County from OBX I, LLC. A
State Stormwater permit has not been issued for this project.
C. On November 9, 2006, DWQ staff from the Washington Regional Office
inspected the OBX I, LLC site and observed that three of six proposed houses
had been constructed. These houses have resulted in an increase in impervious
surface at this site or otherwise decreased the infiltration of precipitation into
the soils.
D. For development activities located within the 20 coastal counties, a State
Stormwater Management Permit is required by NCGS 143-215.1 and 15A
NCAC 2H .1003 for development activities that require a Coastal Area
Management Act Major Permit or an Erosion & Sedimentation Control Plan.
E. Dare County is a Coastal County as defined by 15A NCAC 2H .1002(4)
F. The land disturbances associated with the OBX I, LLC site requires an
Erosion & Sedimentation Control Plan
G. The Town of Nags Head received an Erosion & Sedimentation Control Plan
for the site and the plan was approved on February 23, 2006.
H. OBX I, LLC failed to obtain a State Stormwater permit prior to construction
of impervious surfaces.

OBX I, LLC
Dare County
Case No. CV-2006-0024
Page 2 of 3
I. The cost to the State of the enforcement procedures in this matter totaled
228.22
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. OBX I, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. Dare County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. OBX I, LLC is engaging in development activity at this site, which requires
an approved Erosion & Sedimentation Control Plan.
D. OBX I, LLC. violated 15A NCAC 2H .1003 by failing to secure a Stormwater
Management Permit prior to development of the residential project located at
3616 Virginia Dare Trail in Nags Head, NC.
E. OBX I, LLC 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
terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred. by this Part.
F. OBX I, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A
(a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) dollars per violation may be assessed against a
person who violates a rule of the Commission implementing this part, Part 2A
of this Article, or G.S. 143-355(k).
G. The State's enforcement cost in this matter may be assessed against OBX I,
LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282(b)(8).
H. Al Hodge, of the Division of Water Quality, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.

.f
OBX I, LLC
Dare County
Case No. CV-2006-0024
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Accordingly OBX I, LLC is assessed a civil penalty of:
$1,000.00 for violating 15A NCAC 2H .1003 by failing to
obtain a stormwater management permit from the
Division of Water Quality for the development of
the OBX I, LLC residential site.
$1,000.00 TOTAL CIVIL PENALTY, authorized by G.S.
143-215.6A.
$228.22 Enforcement costs.
$1,228.22 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. 14313-282.1(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�- i3-oc�
Date
Al Hodge
Division of Water Quality