SW7050101_HISTORICAL FILE_20051213

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW�t�S���
DOC TYPE
❑CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
YYYYMMDD

• � r1DF W A TF94
O G
0 Y
Mr. Michael D. Hawkins
J&H Investments of New Bern, LLC
P.O. Box 15069
New Bern, NC
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 1680 0001 0743 2073
Subject: Request for Remission of Civil Penalty
J&H Investments of New Bern, L O
Case No. CV-2005-0014 RECESVIED
SW7010101 DEC 13 2005
Craven County
Dear Mr. Hawkins: DWQ-WARO
In accordance with North Carolina General Statute 143-215.6A(f), The Director of the
NC Division of Water Quality considered the information you submitted in support of your
request for remission and did not find grounds to modify the civil penalty assessment of
$4,354.78.
There are two options available to you:
1) You may pay the penalty.
If you decide to pay the penalty at this stage of the remission process, please make
your check payable to the Department of Environment and Natural Resources
(DENR). Send the payment within thirty (30) days of your receipt of this letter to the
attention of.
Mr. Shelton Sullivan
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2) You may let the Environmental Management Commission's Committee on Civil Penalty
Remissions make the final decision on your remission request.
If payment is not received within 30 days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of
Water Quality will be delivered to the Committee on Civil Penalty Remissions for
final agency decision.
Nor Carolina
�turd!!Y
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal OpportunityfAffirmative Action Employer — 50% Recycled110% Post Consumer Paper

J&H Investments of New Bern, LLC
Case No. CV-2005-0014
Craven County
Page 2 of 3
If you or your representative would like to speak before the Committee, you must
complete and return the attached form within thirty (30) days of receipt of this letter. Send the
completed form to:
Mr. Shelton Sullivan
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The Environmental Management Commission (EMC) Chairman will review the
supporting documents and your request for an oral presentation (if you make the request). If the
Chairman determines that there is a compelling reason to require a presentation, you will be
notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Shelton Sullivan at [phone] ext. 544 or Danny Smith at [phone] ext. 353.
Sincerely,
Alan W. Klimek, P.E.
AWK/sos
cc: Al Hodge, DWQ Washington Regional Office Supervisor
Roger Thorpe, DWQ Washington Regional Office
NPS-Assistance and Compliance Oversight Unit — File Copy
DWQ Central Files

J&H Investments of New Bern, LLC
Case No. CV-2005-0014
Craven County
Page 3 of 3
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: }
J&H Investments of New Bern, LLC
ENVIRONMENTAL MANAGEMENT
COMMISSION
CASE NUMBER CV-2005-0014
REQUEST FOR ORAL PRESENTATION
I hereby request the opportunity to make an oral presentation before the Environmental
Management Commission's Committee On Civil Penalty Remissions in the matter of the case
noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management
Commission and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my
original remission request, and because no factual issues are in dispute, my presentation will be
limited to five minutes in length.
This the day of
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

Michael F. Easley, Govemor
OF w A rF9
r 'O1 QG
G
Mr. Michael D. Hawkins
J&H Investments of New Bern, LLC
P.O. Box 15069
New Bern, NC 28561
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 1, 2005
RE: Request for Remission of Civil Penalty
J&H Investments of New Bern, LLC
Case No. CV-2005-0014
Permit No. SW7050101
Craven County
Dear Mr. Hawkins:
Alan W. Klimek, P.E. Director
Division of Water Qualify
NOV - 7 2005
MgWARROO
The Division of Water Quality has received your request for remission of civil penalty
dated June 24, 2005 with accompanying support information. Your request will be presented to
the Director of the Division of Water Quality and you will be notified of the results.
Should you have any questions or additional information, please feel free to call Al
Hodge with the DWQ Washington Regional Office at [phone] or myself at (919) 733-
5083 ext. 544.
Sincerely,
Shelton Sullivan
NPS Assistance and Compliance Oversight Unit
cc: Al Hodge — DWQ Washington Regional Supervisor
Roger Thorpe -- DWQ Washington Regional Staff
NPS Assistance and Compliance Oversight Unit — File Copy
DWQ Central Files
Noi` Carolina
Nlrrrally
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet h2o.enr.slate.nc.us 512 N. Salisbury St, Raleigh, NC 27604 FAX [phone]
An Equal opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

J & H Investments of New Bern,
Post Office Box 12821. New Bern, North Carolina, 28561 — USA
Phone [phone] Fax [phone]
NC DWQ Wetlands & Stormwater Branch-NPS Assist. & Compliance
Oversight Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
re: storm water permit 2305 Hwy 70 East
Application Number SW-7050101Civil Penalty
attn: Mr. Shelton Sullivan
° 6. ` LE
Assessment Assessment JUN
F [1ENR Vk i'"A c `,"UALITY
'We tiandri - - Branch
This letter is in response to your letter I received around May 27regarding the
above referenced site.
Please accept my apology for this matter that was not intentional. I received
a letter of approval from Land Quality regarding this project back several months
ago. About a couple of months later I received another letter of approval that I
thought was final approval to construct this site. However upon closer review of
this letter I discovered it was a second letter of approval for Land Quality with a
slight change or relocation of a existing ditch not shown on the original plan.
Thius error on my part was not intentional as I had applied for all proper permits
and installed protective erosion control devices and measures to protect this site.
I appreciate your efforts to keep our state safer and rivers cleaner and was not
trying to avoid or build this without regards to enviromental rules and regulations.
I have sodded and seeded all areas of this entire site to prevent any run

off and installed everything as per plans submitted to your office. 1 beg for
any mercy that you may have on me for my oversight in this matter.
1 thank you for this consideration and please advise me what else I can do to
make up for my mistake. I will for ward a check within 24 hours after hearing
from you regarding this site.
Best Regards,
Michael Hawkins

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: CV-2005-0014 County: Craven
Assessed Party: J & H Investments of New Bern, LLC
Amount Assessed: $ 42354.78
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. 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);
Z(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);
Y (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 CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
J & H Investments of New Bern, LLC. ) STIPULATION OF FACTS
J & H Commercial Site
FILE NO. CV-2005-0014
Having been assessed civil penalties totaling $ 4,354.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 19, 2005, 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 L/ W day of
SIGNATURE
ADDRESS
bola Pfl/L'e
NP ,_j FP,-N, /u c �2 099 z
TELEPHONE
z �2 -- g 6 -??

W A r�RQG
c
Mr- Michael D. Hawkins
J&H Investments of New Bern, LLC
P.O. Box 15069
New Bern, NC 28561
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 1, 2005
Alan W. Klimek, P.E. Director
Division of Water Quality
"' v
_1 �_'�, 1 v t.
NOV - 7 2005
RE: Request for Remission of Civil Penalty DWQ-WARd
J&H Investments of New Bern, LLC
Case No. CV-2005-0014
Permit No. SW7050101
Craven County
Dear Mr. Hawkins:
The Division of Water Quality has received your request for remission of civil penalty
dated June 24, 2005 with accompanying support information. Your request will be presented to
the Director of the Division of Water Quality and you will be notified of the results.
Should you have any questions or additional information, please feel free to call Al
Hodge with the DWQ Washington Regional Office at [phone] or myself at (919) 733-
5083 ext. 544.
Sincerely,
21 A.
Shelton Sullivan
NPS Assistance and Compliance Oversight Unit
cc: Al Hodge — DWQ Washington Regional Supervisor .
Roger Thorpe — DWQ Washington Regional Staff
NPS Assistance and Compliance Oversight Unit — File Copy
DWQ Central Files
N"o�n Carolina
,Naturally
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Intemet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
-An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper

-10/07/'1005 12:19 9157SJ 9612'
PAGE01
0� WAT4�y
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r
� � T
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WETLANDS AND STORMWATER BRANCH
1617 MAIL SERVICE CENTER.
RALEIGH, NC 27699-1517
FAX: [phone]
PHONE' 919-733-5083Vol/
(&:
TELECOPY TO: d
FAX NUMBER: C144 4 71 Ts�
FROM: YL�
PHONE: # OF PAGES INCLUDING THIS SHEET,5
Comm
al

10/07/2005 12:19 91973�9612FACE 0'
J & H Investments of New Barn,
Post Office Box 12821. -- New Bern, North Carolina, 28561 - USA
Phone [phone] -- Fax [phone]
NC J)WQ Wetlands & Stormwater Branch-NPS Assist. & Compliance
Oversight Unit
1617 Maal Service Center
Raleigh, NC 27699-1617
re: storm water permit 2305 Hwy 70 East EUNApplication, Number SW-7050101Civi.l Penalty Assessment� Z�05
DENR - Uti°.'1V9 .)UAJ;PTY
r wetlands +� ",. ...,s
attn: Mr. ,Shelton Sullivan
This letter is in response to your letter I received around May 27iregarding the
above refei-enced site.
Please accept my apology for dais matter that was not intentional: I received
a letter of approval from Land Quality .regardi.ng this project back several months
ago. About a couple of months latex 1 received another Inver of approval that I
thought was final approval to construct this site. However upon closer review of
this letter I discovered it was a second letter of approval for Land Quality. with a
slight change or relocation of a existing ditch not shown on the original purl.
Tbius error on my part was riot intentional as I had applied for all'proper permits
and installed protective erosion control devices and measures to pratect.this site.
I appreciate your efforts to keep our state safer and rivers cleaner,and was not
trying -to avoid or build this without regards to enviromen,tal rules and regulations_
I have sodded and seeded all. areas of this entire site to prevent any run

10107f 2001 12'.19 9197339612
PA(T @8
off and installed eve.rythin.g as per plans submitted to your office. I beg for
any mercy that you may have on me for my oversight in this matter.
I thank you for this consideration and please advise me what else I can do to
make up for my mistake, I will for ward a check within 24 hours after- hearing
.from you regarding this site..
Best Regards,
Michael Hawkins

1010712005 12:19 019733061
PACE 0.1
JKS19ICATI QN FOR REM S,STON REOUE$T
DWQ Case Number: CV-2005-0014 County: Craven
Assessed Party: J & I(Investments of New Bern, L.LC
,Amount Assessed: $ 4,354.78
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 ,Nearing, aW Stipulation of Facts"
form to request remission of this civil penalty. You should attac.b any documents that you believe
support your request and are necessary for the Director to conmder in evaluating your request .fur
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 i (c), remission of a civil penalty may he granted only when one or
snore 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).
T_ (a) one or more of the civil penalty assessment factors in N.C.G.S_ 143B-28.2, I{b) were
wrongfully applied to the detriment of the petitioner (the assessment faefors are listed in the civil
penalty assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the sleps that_vou took to correct the violations andprevent future occurrences),
_ (G) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was Ynavotdable 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,€., explain .how payment of the civil penalty, will prevent you from performing the actin;ties
necessary to achieve compliance).
EM ANAT1ON(attacb additi$tial pages as necess ry):
FJU zo
E
oast _.wAr`

i0/07/2005 12:10 9197339612 PAGE 05
STATE OF NORTH CAROLINA, DEPARTMENT OF ENVIRONMENT
AND NAT>`7RAL RESOURCUS
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIWR OF RIGHT TO AN
OF CIVIL PfiNALTMS AGAINST } ADMINSTRATIVE REARM; AND
J & H Investments of'New Berg, LLC. ) STIPULA,TION OF FACTS
J & .H Commercial Site )
FILE NO, C-2005-0014
Having been assessed civil penalties totaling � 4,354.78 for violati.wi(g') as Get fortis in the
asses5ment.dp,mment of•the Division of Water Quality dated May 19, 2Q05,1he.-undersigned- desiriug
to seek rerrussion 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 dircijtor of the Division of Water Quality withiti:thirty (30) days of
receipt of the notice of assessment. No new evidence in suppon of a remission request will be flowed ;
after (30) days from the receipt of the notice of assessment.
This the - day of 120 D S
STGNATURE
AJ)DRES S
OlLe
TELEPTIONE

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired,
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR MICHAEL D. HAWKINS
J&H INVESTMENTS OF NEW BERN, LLC
PO BOX 15069
NEW BERN NC 28561
A. Signature n
X „/}r�nr� 4 y /� I- 0 Agent
❑ Addressee
cc ` L(.1t1 ❑ Addresee
B. Received by (Printed Name} C. D of Delivery
9JI0 t P L. C'��,t.t sr� 2 615P
D. is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below; 0 No
3. Se a Type
Certified Mail ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? {Extra Fee} ❑ Yes '
z. —7003 3110 ;040211'0575 2615' it
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
.a
L11
rU
o I $ 6
ru C,ersfled Fe°
?�► �" G
Q e[�
E:3 Return Redept Fee 10
C:I (Endorsement Required)
f3 Rest ted pellvery Fee
� (Endorsement RegWZ
M Tow PostBoe &Fern
r.n. F MR MICHAEL D. HAWKINS LLCJ&H INVESTMENTS OF NEW BERNPO BOX 15069NEW BERN NC 28561

o�OF W A TF9pG
"Ro
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 3110 0002 0573 2615
Mr. Michael D. Hawkins
J & H Investments of New Bern, LLC
P.O. Box 15069
New Bern, NC 28561
May 19, 2005
SUBJECT: Assessment of Civil Penalties
J & H Investments of New Bern, LLC.
J & H Commercial Site — Hwy 70 East
Craven County
Case No. CV-2005-0014
Dear Mr. Hawkins:
This letter transmits notice of a civil penalty assessed against J & H Investments of New Bern, LLC in the
amount of $4,354.78, which includes $354.78 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
OR
One
NhCarolina
fj1 turally
North Carolina Division of Water Quality 943 Washington Sq. Mail Phone (252) 946 - 6491
Internet: h2o,enr.state. ne.us Washington, NC 27889 FAX (252) 946 - 9215

2. Submit a written request for remission or mitigation including a detailed
justification for such request:
OR
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 resultuig 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;
(c) 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 — NS 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

Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Mr. Shelton Sullivan
NC DWO — 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 Shelton Sullivan at [phone] ext 344 or myself at (252)
948-3844.
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
Shelton Sullivan

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IN THE MATTER OF:
J & H Investments of New Bern, LLC
J & H Commercial Site — Hwy 70 East
FOR VIOLATIONS OF
NCGS 143-215.1 and
15A NCAC 2H .1003
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT
AND NATURAL RESOURCES
Case No. CV-2005-0014
} FINDINGS AND DECISION
} AND ASSESSMENT OF
} CIVIL, PENALTIES
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. J & H Investments of New Bern, LLC, is a Corporation organized and
existing under the laws of the State of North Carolina and owns a Commercial
Development know as J & H Commercial Site.
B. On January 6, 2005, DWQ Washington Regional Office received a
stormwater permit application for J & H Commercial Site.
C. On March 24, 2005, DWQ staff from the Washington Regional Office
inspected the J & H Commercial Site and observed the proposed building had
been completed, the parking area was paved, and the unauthorized
construction of a stormwater control measure (treatment unit).
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 and sedimentation control plan.
E. Craven County is a Coastal County as defined by 1.5A NCAC 2H .1002(4).
F. J & H Investments of New Bern, LLC failed to obtain a stormwater
management permit prior to construction of a stormwater wet detention pond
(treatment unit).
G. The cost to the State of the enforcement procedures in this matter totaled
3$ 54.78

J & H Investments of New Bern, LLC
J & H Commercial Site - H«,, 70 East
Craven County
Case No. CV-2005-0014
Page 2 of 3
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. J & H Investments of New Bern, LLC is a "person" within the meaning of
G,S. 143-215.6A pursuant to G.S. 143-212(4).
B. Craven County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. J & H Investments of New Bern, LLC violated NCGS 143-215.1 and 15A
NCAC 2H .1003 by failing to secure a Stormwater Management Permit prior
to construction of the wet detention pond (treatment unit).
D. J & H Investments of New Bern, 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 the terms, conditions, or requirements of such permit or any
other permit or certification issued pursuant to authority conferred by this
Part.
E. J & H Investments of New Bern, 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).
F. The State's enforcement cost in this matter may be assessed against J & H
Investments of New Bern, LLC, Inc. pursuant to G.S. 143- 215.3(a)(9) and
G.S. 14313-282(b)(8).
G. A3 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.

J & H Investments of New Bern, LLC
J & H Commercial Site - Hwy 70 East
Craven County
Case No. CV-2005-0014
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly J & H Investments of New Bern, LLC is assessed a civil penalty of:
$ 4,000.00 for violating NCGS 143-215.1 and 15A NCAC 2H
.1003 by failing to obtain a stormwater management
permit from the Division of Water Quality for the
development of J & H Commercial Site — Hwy 70
East and prior to the construction of the wet
detention pond (treatment unit).
$ 4,000.00 TOTAL. CIVIL PENALTY, authorized by G.S.
143-215.6A.
$ 354.78 Enforcement costs.
$ 4 354.78T 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
Date
Al Hodge
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: CV-2005-0014 County: Craven
Assessed Party: J & H Investments of New Bern, LLC
Amount Assessed: S 4,354.78
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);
(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 preventfuture 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 palzes as necessary):

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF Cr\7 L PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
J & H Investments of New Bern, LLC. ) STIPULATION OF FACTS
J & H Commercial Site 1
FILE NO. CV-2005-0014
Having been assessed civil penalties totaling $ 4,354.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 19, 2005, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

i
■ Complete items 1, 2, and 3. Also complete����Addrassee
item4 if Restricted Delivery is desired.
ant
■ Print your name and address on the reverse
so that we can return the card to you.
Receiv y { P ' e Na e) C.
ate of elivery ,
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
`
D. Is dells ry address different from item 17
Cl Yes
1. Article Addressed to:
It YES, enter delivery address below:
© No
Mr. Michael. Hawkins
J & I ; Investments of NeW Bei
PO um 15069
t Service Type
New Corn, NrC 61
.0 Certified Mail ❑ Express Mail
1 ❑ Registered 2-Retum Receipt for Merohandlse
❑ Insured Mail ❑ C.O.D.
{
4. Restricted Delivery? (Extra Fee)
❑ Yes
— —^
2. Article Number
(rmnsfer from service labeq 7003
— _ __ _ _ — _ _
3110 0002 0575 2400
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PS Form 3811,,February 2004 Domestic Return Receipt
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor
March 29, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 3110 0002 0575 2400
Mr. Michael D. Hawkins
J & H Investments of New Bern, LLC
P.O. Box 15069
New Bern, NC 28561
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: NOTICE OF VIOLATION / NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Stormwater Project SW7050101
J & H Commercial Site — Hwy 70 East
Craven County
Dear Mr. Hawkins:
This letter is to notify you that the Washington Regional Office of the Division of Water
Quality is considering taking an enforcement action for a violation of North Carolina General
Statute 143-215.1(a)(2) which requires, among other things, that you apply for and receive a permit
before you construct any treatment works within the State
This office received a stormwater permit application for this project on Januan, 6, 2005, On
March 24, 2005 Mr. Roger Thorpe of this office inspected the site. At that time it was found that the
proposed building had been completed, the parking area was paved and a stormwater wet detention
pond had been constructed.
Please be advised that construction of the proposed facilities without a valid permit is a
violation of North Carolina General Statute 143-215.1 and may subject you to appropriate
enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil penalties
of up to $10,000 per day per violation may be assessed for failure to secure a permit required bx
North Carolina General Statue 143-215.1.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Saiisbury St., Raleigh, North Carolina 27604
Phone: 99 9�-733-7015 / FAX [phone] / Intemet:: h2o.enr.state.nc.Lis
On-,
NorthCarofina

r s.
Page 2
Mr. Michael D. Hawkins
March 29, 2005
If you have an explanation for this violation that you wish to present, please respond to the
Washington Regional Office within 10 days after receipt of this Notice. Your explanation will be
reviewed and considered when making a determination whether to proceed with the enforcement
action.
If you have any questions regarding this matter please call me or Roger Thorpe at (252)
946-6481.
Sincerely
L I L
All Hod {Ygee Regional Supervisor
Surface Water Protection
Washington Regional Office
Enclosure
cc: Craven County Inspections
Thomas Engineering, PA
V ashington Regional Office
Shelton Sullivan

MAR.29.2005 10:22AM MCDaIR WIRO
Thomas Engineering, PA
403-C Airport Road
P. O, Box 1309, New Bern, NC 2S563
252.637.2727 fax:252.636,2449
email: j thomas744@a aol,corn
To; Storrawater Management Section
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 22405-3845
Attn: Linda Lewis
Re: Revised Stoormwater Plan
Stormwater Project No. SW7 050101
J & H Commercial
Craven County
2004-029
Dear Linda,
lurch 21, 2005
FLEC EMED
MAR 2 2 ?005
13Y:
Please find enclosed two copies of the Revised Slormwater Management Plan Submittal
for the referenced project for your approval per your comment letter dated February 22,
2005. inclosed items include a new original Stormwater Management Permit
Application Form and one copy; a new original Wet Detention Basin Supplement and one
copy, and two copies each of the Revised Stormwater Report and Plans.
Your comments are listed below with our response in bold letters following each
comment;
1. Please either delineate all wetlands on site, disturbed or undoturbed, or
note on the plans that none exist, Only a person with latowledge of
wetlands may make this determination.
• A note has been added to the plans,
2. Please speck the pond side slope vegetation and the w0dand species to
he planted on the 6:1 shelf. Please note that Meeping Love Grass is not
recommended for:use in North Carolina as a permanent ground cove* so
do not specify this grass for the, pona.
• A ground cover for the pond side slopes has been indicated on the
plan as well as a wetland Species ground cover specified for the
vegetative shell.
4. Please provide a 3:,1 L; W flow path ratio in the pond. The average width is
54 feet, therefore, the minimum length 0161 feet. Only 67 feet has been
Mocumems aril Sddnsslt6My pocumcnW\j,*1e1TM1eMV &. H C=MftWeia12004-0291Genem1\SVWM2.doc

'NAR . 29.2005 10 = 22Af 1 P,ICDDNR W I RO No. 002 R . 5
provided
• I have provided close to a 3:1 flow path based on the required
surface area of the pond. As you can see the provided surface area
of the pond is somewhat greater than required due to the
vegetative shelf requirement. I still take issue with the 3:1
requirement whereas the Washington Regional office has
approved ponds with considerably less ratios, some Close to 1:1.
As a matter fact, there is one that has just been constructed across
the street from my office designed by another Engineer that is
slightly more than 1:1 and the vegetative shelf is at 6 ft.
5. Pleaseprovide a minimum vegetated shelf width of 10 feet, per the BMP
Manual.
• The vegetative shelf width has been changed from 6 ft to 10 ft. I
still take issue with the 10 width for the vegetative shelf,
particularly on small ponds. As I stated in an earlier email sent to
you, the Washington Regional officehas been approving between
3ft and 6 ft widths,
6. Please add an additional longitudinal section view of the vegetated f lter,
add the required flow spreader mechanism, specify the required minimum
30' length, and the inverts to support a slope of no more than 5%.
+ The vegetative filter has been eliminated
Please provide a table of elevations, areas and volumes in the pond and
forebay, beginning at the bottom, going up to the temporary pool
elevation. This will help support your conclusions that sufficient volume
has beer: provided at the design pool elevation, that the permanent pool
volume is 9,500 culde feet, and that the provided forebay volurne is 1,500
cubic feet.
• A table of elevations, areas, and volumes have been added to the
plans,
S. The forebay volume is slightly below the 18%-22% range Please provide
additional forebay volume to comfortably meet at least 1 S%.
+ The forebay volume is now approximately 201/6 of the total volume
which is reflected on the plans and in the Revised Engineering
Report.
Concerning the issues that I have raised pertaining to design criteria, it's not that I
disagree with your requirements, but it woi�Id have been nice to have had a two minute
warning prior to a change in policy, particularly after a precedence had been set within
the Washington Regional Of -flee. in my opinion, their approach was acceptable and
within the frame work of the rules, It is my understanding that the Stormwater Best
Management Practices Manual is a guideline, not a rule, and variances from the design
criteria contained therein should be considered. I respect your position on this and will
endeavor to design our prejects to your requirements if I know they are headed your way
for review,
I want to thank you for the emails. I wished everyone used them. If you should hive any
questions or co=ents, please do not hesitate to call.
Clpoourncnt& and SetnngaVvNy & H Commm'eial 2004429%Genara1\S W1 2.dac

HAR.29.2005 10:23AN NCDENR WIRQ NO.909 P.6
G. Thomas, P.E.
End
Cc: 3 & H investments of Now Bern, LLC
CADocurnots and Srttinp�TtlMy H Carrnnereial 2004.0291General\SW+21 doe

r'IAR . 29.2005 1 t9 : 22AN NCDENR W I RO 1110.81 t9 P.2
�CF 1NAre, Michael F. Easley, Governor
o G William G, Ross, Jr,, Secretary
North Carolina Department of Environment and Natural Resources
r r�
G} 'C Alan W. Klimek, P.E, Director
Division of Water Quality
February 22, 2005
Mr. Michael D. Hawkins, Member/Manager
J & H Investments of New Bern, LLC
PO Box 15069
New Berg, NC 28561
Subject: Request for Additional Information
Stormwater Project No. SW7 050101
J & H Commercial
Craven County
pear Mr. Hawkins:
The Washington Regional Office received a stormwater Management Permit Application for J
& H Commercial on January 6, 2005. Due to personnel and program Changes in the
Washington Regional Office, the Wilmington Regional Office Is conducting the review.
*Please respond to the Wilmington Regional Office at the address listed at the bottom
of this letter.** A preliminary review of the information submitted has determined that the
application is not Complete. The following information is needed to continue the stormwater
review-
1. Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist. Only a person with knowledge of wetlands may make
this determination,
2. Please specify the pond side slope vegetation and the wetland species to be
planted on the 6:1 shelf. Please note that Weeping love Grass is not
recommended for use in North Carolina as a permanent ground cover, so do not
specify this grass for the pond.
4. Please provide a 3:1 LW flow path ratio in the pond. The average width is 54
feet, therefore, the minimum length is 161 feet, Only 67 feet has been provided.
5. Please provide a minimum vegetated shelf width of 10 feet, per the BMP Manual.
6. Please add an additional longitudinal section view of the vegetated filter, add the
required flow spreader mechanism, specify the required minimum 30' length, and
the inverts to support a slope of no more than 5%.
7. Please provide a table of elevations, areas and volumes in the pond and forebay,
beginning at the bottom, going up to the temporary pool elevation. This will help
support your conclusions that sufficient volume has been provided at the design
pool elevation, that the permanent pool volume is 8,500 Cubic feet, and that the
provided forebay volume is 1,500 cubic feet.
8. The forebay volume is slightly below the 18%-22% range. Please provide
additional forebay volume, to comfortably meet at least 18%.
Norih COraline Olvlslon of Water oualk 127 Cardfnei Drive P=rlslon Phone [phone] Customer 5ervkol •077-UI3 74e
Wknington Raglanal 0%6 wllrraington, NC 28405-394S FAX [phone] tntemet: 02o enr,9tata.nato �nohCBrOlitla
An Equal apporlun itylAifirmative Adon Empfoyet— 50% ROC4011090 Post cmaunmar Peps► Naturallry

MAP., . 29. 2005 10: 22AM f^I=IR W I RG 1110.902 P.3
Mr. Hawkins
February 22, 2005
Stormwater Application No. SW7 050101
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to Mara 22,
2005. or the application will be returned as Incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or tax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information, The Division is allowed 90 days from the receipt of a completed
application to Issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent, All
original documents must be retumed or new originals must be provided, Copies are not
acceptable, If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely, Jam]
Linda Lewis
Environmental Engineer
ENBlarl: S:IWQSISTQRMWATERIADDINFO12005ISW7050101.feb05
CC. John Thomas, RE„ Thomas Engineering
Linda Lewis
Page 2of2

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator:
County:
Permit Number:
Case Number: PC-200?-'?'???
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;
1JVd��dM�t)
�ai,�,LS b r S`� � • 7
2) The duration and gravity of the violation; U M KMowy C►y►T��J� ��1/i Est/
W ITg SfrFA.L psi&HS G?�ZS'Ro���d•sw1E+�.7, �+-rzRY� �D�
Dam
3) The effect on ground or surface_ water quantitxor quality or on air quality;
�� OWE
4) The cost of rectifying the damage;
(.'NAA
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.
Date Al Hodge
Regional Supervisor
Washington Regional Office

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
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NCDENR