**** ON JANUARY 3, 2001, EPA SENT TO RESPONDENT A REQUEST FOR INFORMATION LETTER (THE 308 LETTER ) PURSUANT TO SECTION 308(A) OF THE ACT, 33 U.S.C. 1318(A). EPA REQUESTED INFORMATION IN ORDER TO OBTAIN INFORMATION REGARDING STORM WATER DISCHARGES FROM THE DEVELOPMENT AND TO DETERMINE THE APPLICABILTY OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PERMIT APPLICATION REGULATIONS TO THE DEVELOPMENT. THE STORM WATER REGULATIONS FOR CONSTRUCTION ACTIVITIES ARE CODIFIED IN 40 CFR 122.26(B) (14)(X). BASED UPON THE CONFIRMATION OF RECEIPT OF THE 308 LETTER DATED FEBRUARY 2, 2001, THE REQUESTED INFORMATION AS DUE TO COMPLAINANT BY FEBRUARY 17, 2001. COMPLIANANT HEREBY FINDS THAT RESPONDENT HAS VIOLATED SECTION 308(A) OF THE ACT, 33 U.S.C. 1318(A), FOR ITS FAILURE TO PROVIDE INFORMATION TO COMPLAINANT BY FEBRUARY 17 2001 TO THE DATE OF ISSUANCE OF THE COMPLAINT. ON AUGUST 10, 2001, EPA REGION 2 ISSUED A COMPLAINT, FINDINGS OF VILATION, NOTICE OF PROPOSED ASSESSMENT OF A CIVIL PENALTY AND NOTICE OF OPPORTUNITY TO REQUEST A HEARING (HEREINAFTER, COMPLAINT ) AGAINST J&C BUILDERS CORPORATION (HEREINAFTER, RESPONDENT ) FOR ITS FAILURE TO PROVIDE INFORMATION TO EPA FROM FEBRUARY 17, 2001 TO THE DATE OF THE COMPLAINT. THE COMPLAINT ALLEGES THAT ON J