RESPONDENT DISCHARGED (OR HAD THE POTENTIAL TO DISCHARGE) STORM WATER FROM CONSTRUCTION ACTIVITIES (INCLUDING CLEARING, GRADING, AND EXCAVATION ACTIVITIES) THAT RESULTED IN THE DISTURBANCE OF 5 OR MORE ACRES OF TOTAL LAND, INCLUDING AREAS THAT WERE PART OF A LARGER COMMON PLAN OF DEVELOPMENT OR SALE. RESPONDENT DISCHARGED (OR HAD THE POTENTIAL TO DISCHARGE) STORM WATER FROM TEH CONSTRUCTION SITE INTO MCGIRTS CREEK. SUCH DISCHARGES REQUIRE AN NPDES PERMIT. RESPONDENT'S FAILURE TO MAKE TIMELY APPLICATION FOR COVERAGE UNDER AN NPDES PERMIT FOR STORM WATER DISCHARGES VIOLATED SECTION 308 OF THE CWA. CONSENT AGREEMENT ISSUED 1/9/2002 ASSESSING A PENALTY OF $4,100. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. REDS NO: 2000032364194361