DWQ-2024-008930

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

DWQ-2024-007142
EQ_Docs/DWQ/Compliance and Enforcement/R & J Construction, LLC
This Expedited Settlement Offer (“ESO”), is entered into by and between the Director of the Division of Water Quality (“Director”) and R & J Construction, LLC (“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. Operator is a “person” as that term is defined in Utah Code § 19-1-103(4).
2. Operator is conducting “construction activity” at Arroyo Crossing Cottages located at
Bonnes Way in Moab, Utah in Grand County (the “Project”). 3. The Director issued the General Permit for Storm Water Discharges from Construction Activities UTRC00000 authorizing 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. Operator failed to submit a Notice of Intent to obtain coverage for the Project under UTRC00000. 4. The attached Expedited Settlement Offer Deficiencies Form (“ESODF”), incorporated
herein by reference, includes findings which specify the conditions in violation of the UAC
observed at the Project during an on-site inspection conducted on August 23, 2024. The ESODF is in lieu of an initial order, notice of violation, or notice of agency action to facilitate the purposes described hereinafter.
5. The attached Expedited Settlement Offer Deficiencies Form (“ESODF”), incorporated herein by reference, includes findings which specify the conditions in violation of the Permit on August 23, 2024. 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 based on the deficiencies alleged; and to conclude this matter without the necessity of further administrative or judicial proceedings.
7. Operator agrees that a penalty in the amount of $875.00 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.

8. By accepting this ESO, Operator neither admits nor denies the findings, violations or deficiencies specified herein.
STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY
EXPEDITED SETTLEMENT OFFER

DWQ-2024-007142
EQ_Docs/DWQ/Compliance and Enforcement/R & J Construction, LLC
9. 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. 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 UAC.

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. Operator agrees that within thirty (30) calendar days of receiving the signed and final Settlement from the Director, 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 Operator’s compliance history where
such history is relevant, including any subsequent violations. 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. 15. This ESO, when final, is binding upon 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.

[SIGNATURE PAGE FOLLOWS]

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

DWQ-2024-007142
EQ_Docs/DWQ/Compliance and Enforcement/R & J Construction, LLC
FOR THE UTAH DIVISION OF WATER QUALITY

By: ______________________________ John K. Mackey, P.E. Director, Utah Division of Water Quality
Date: ______________________________ (Effective Date)
FOR (R & J Construction, LLC)
By: ______________________________ Title: ______________________________

Date: _________________________________

Owner
12/18/2024