DWQ-2024-005132

STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER

DWQ-2024-001560 EQ_Docs/DWQ/Compliance and Enforcement/Shadow Cove Townhomes, LLC\2024-03 ESO Issuance Shadow Cove Townhomes\DWQ-2024-001558
This Expedited Settlement Offer (“ESO”), is entered into by and between the Director of the Division of Water Quality (“Director”) and Shadow Cove Townhomes, LLC (“Owner/Operator”), jointly referred to herein as the “Parties,” pursuant to the Director’s
authority under the Utah Water Quality Act, Utah Code §§ 19-5-111, 19-5-115, Utah
Administrative Code (UAC) R317-1-8 and R317-8-3.9. 1. Owner/Operator is a “person” as that term is defined in Utah Code § 19-1-103(4).
2. Owner/Operator is conducting “construction activity” at 668 East Fiddlers Cove Drive in
Cedar City, Utah 84721 - Shadow Cove Townhomes (the “Project”). 3. The Director issues the General Permit for Storm Water Discharges from Construction Activities UTRC00000 authorizing owners/operators of construction activities to discharge
in accordance with specific terms, conditions and best management practices as provided
for in the Permit and UAC R317-8-11. During the October 19, 2023 site inspection performed by the Division, the Operator had failed to submit a Notice of Intent and coverage for the Project under UTRC00000. On December 14, 2023, the Operator obtained coverage for the Project under UTRC00000 and was assigned UTRC08057. The Operator
is responsible for compliance with UTRC00000.
4. An ESO may be used in enforcement cases in lieu of the penalty process in when violations are readily identifiable, readily correctable, and do not cause significant harm to human health or the environment. See UAC R317-1-8.3 and -8.6.

5. The attached Expedited Settlement Offer Deficiencies Form (“ESODF”), incorporated herein by reference, includes findings which specify the conditions in violation of the Permit observed at the Project during an on-site inspection conducted on November 9, 2023. The ESODF is in lieu of an initial order, notice of violation or notice of agency
action to facilitate the purposes described hereinafter.
6. The Parties voluntarily enter into this ESO in order to: identify the actions necessary to correct the deficiencies observed at the Project; determine the amount of the civil penalty appropriate for the violation(s) based on the deficiencies alleged; and to conclude this
matter without the necessity of further administrative or judicial proceedings.
7. Owner/Operator agrees that a penalty in the amount of $865.00 is appropriate based on the circumstances specified herein. This ESO is subject to a thirty (30) day notice and comment period as provided for in UAC R317-8-1.9. The Parties each reserve the right to
withdraw from this ESO if comments received during the notice period result in a
modification to the terms and conditions.
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER

DWQ-2024-001560 EQ_Docs/DWQ/Compliance and Enforcement/Shadow Cove Townhomes, LLC\2024-03 ESO Issuance Shadow Cove Townhomes\DWQ-2024-001558
8. By accepting this ESO, Owner/Operator neither admits nor denies the findings, violations or deficiencies specified herein.
9. Owner/Operator agrees to the terms, conditions and requirements of this ESO. By signing
this ESO, Operator understands, acknowledges and agrees that it waives: (1) the opportunity for an administrative hearing pursuant to Utah Code § 19-1-301; (2) the right to contest the finding(s) in the ESODF and the penalty amount specified herein; and (3) the opportunity for judicial review.

10. Owner/Operator certifies that all deficiencies identified herein have been corrected and that the Project is currently in full compliance with the terms and provisions of the Permit. Additionally, Owner/Operator has attached to this ESO: (1) a written description detailing how the deficiencies were corrected; and (2) representative photographs documenting the
current conditions and the associated Best Management Practices implemented at the
Project. 11. The Parties mutually agree that this ESO is entered in good faith and is an appropriate means to resolve the matters specified herein.

12. This ESO will be final after the thirty (30) day notice and comment period on the date the Director signs the ESO, at which time the civil penalty takes effect. 13. Owner/Operator agrees that within thirty (30) calendar days of receiving the signed and
final Settlement from the Director, Owner/Operator shall submit payment in the amount
specified in paragraph 7 above, using one of the following methods: a. CHECK – Payable to the Division of Water Quality. The payment shall be sent to:

Division of Water Quality PO Box 144870 Salt Lake City, Utah 84114-4870
b. OTHER – For other available payment options, please contact the Division
of Water Quality Finance staff at [e-mail] 14. The violations described herein will constitute part of Owner’s/Operator’s compliance history where such history is relevant, including any subsequent violations.
Owner/Operator understands and agrees that this ESO is not and cannot be raised as a
defense to any other action to enforce any federal, state or local law.
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER

DWQ-2024-001560 EQ_Docs/DWQ/Compliance and Enforcement/Shadow Cove Townhomes, LLC\2024-03 ESO Issuance Shadow Cove Townhomes\DWQ-2024-001558
15. This ESO, when final, is binding upon Owner/Operator and any corporate subsidiaries or parents, their officers, directors, employees, successors in interest, and assigns. The undersigned warrants that it is authorized to legally bind their respective principals to this
ESO.
FOR THE UTAH DIVISION OF WATER QUALITY

By: ______________________________ John K. Mackey, P.E.
Director, Utah Division of Water Quality
Date: ______________________________ (Effective Date)

FOR (Shadow Cove Townhomes, LLC) By: ______________________________

Title: ______________________________ Date: _________________________________