12796-W

NOTICE OF VIOLATION

Via Certified Mail # ___________________		Via Certified Mail # ___________________

To:	Mr. John M. Yeager, Registered Agent Yeager Realty, L.L.C. 1676 Shannon Lakes Drive Indianapolis, Indiana 46217	To:	Mr. Gary L. Chapman, Registered Agent R K Y Developments, L.L.C. 2700 First Indiana Plaza 135 North Pennsylvania Avenue Indianapolis, Indiana 46204



Via Certified Mail # ___________________		Via Certified Mail # ___________________

To:	Mr. J. Greg Allen, President and Registered Agent J. Greg Allen And Associates, Inc. 489 South State Road 135, #C Greenwood, Indiana 46142	To:	Mr. J. Greg Allen, President and Registered Agent J. Greg Allen Builder, Inc. 1414 Eagle Trace Court Greenwood, Indiana 46143

Case Nos. 2002-12455, 12796, 12797, and 12799-W

Based on investigation by designated representatives of the Indiana Department of Environmental Management ("IDEM") from October 2001 through May 2003, Yeager Realty, L.L.C., which previously owned, and R K Y Developments, L.L.C., which currently owns, Parcel Number 1413-09-01-003/00, consisting of approximately 89 acres located in the Northwest Quarter, Section 9, Township 13, Range 3 East of White River Township, east of Mullinix Road (County Road 600W) and south of Olive Branch Road (County Road 800N) near Greenwood, Johnson County, Indiana, and J. Greg Allen and Associates, Inc., and J. Greg Allen Builder, Inc., which previously with Yeager Realty, L.L.C., and more recently with R K Y Developments, L.L.C, was or is developing said property into a residential subdivision, known as SS Francis and Clare Subdivision and/or Calvert Farms Addition, were or are in violation of the following environmental statutes and rules:

A. Pursuant to 327 IAC 15-2-5(a), any person subject to the requirements of 327 IAC 15 shall submit a Notice of Intent ("NOI") letter that complies with 327 IAC 15-2-5, 327 IAC 15-3, and any additional requirements in any applicable general permit rule.

Pursuant to 327 IAC 15-3-3, any person proposing a new discharge that will be subject to the general permit rule for construction activity under 327 IAC 15-5 shall submit an NOI letter in accordance with 327 IAC 15-5-6.

Pursuant to 327 IAC 15-5-5, in addition to the NOI letter requirements under 327 IAC 15-3, certain information, which includes, but is not limited to, written certification by the operator verifying that the an appropriate state, county, or local erosion control authority and the soil and water conservation district have been sent a copy of the erosion control plan (also known as an "erosion and sediment control plan" or "ESCP") for review, must be submitted by the operator with an NOI letter under 327 IAC 15.

Pursuant to 327 IAC 15-5-6, all information required under 327 IAC 15-3 and 327 IAC 15-5-5 shall be submitted to the commissioner prior to the initiation of land disturbing activities.

Yeager Realty, L.L.C., R K Y Developments, L.L.C., J. Greg Allen and Associates, Inc., and/or J. Greg Allen Builder, Inc., failed to submit an NOI letter, and all required additional information, to the commissioner prior to initiating land disturbing activities at the SS. Francis and Clare Subdivision construction site on or before October 30, 2001, in violation of 327 IAC 15-2-5(a), 327 IAC 15-3-3, 327 IAC 15-5-5, and 327 IAC 15-5-6.

B. Pursuant to 327 IAC 15-5-7(a), the operator shall develop an ESCP in accordance with the requirements under 327 IAC 15-5-7.

Pursuant to 327 IAC 15-5-7(d), all erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Stormwater Quality Manual (formerly titled Indiana Handbook for Erosion Control in Developing Areas) from the Division of Soil Conservation, Indiana Department of Natural Resources ("IDNR"), and the Field Office Technical Guide from the Natural Resources Conservation Service.

Yeager Realty, L.L.C., R K Y Developments, L.L.C., J. Greg Allen and Associates, Inc., and/or J. Greg Allen Builder, Inc., failed to develop an ESCP for the SS. Francis and Clare Subdivision construction site that met the design criteria, standards, and specifications for erosion control established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Stormwater Quality Manual or the Field Office Technical Guide prior to initiating land disturbing activities on or before October 30, 2001, in violation of 327 IAC 15-5-7(a) and 327 IAC 15-5-7(d).

C. Pursuant to 327 IAC 15-5-7(b), the following requirements shall be met on all sites during the period when active land disturbing activities occur:

1. Sediment-laden water shall be detained on-site by erosion control practices that minimize sedimentation in the receiving stream.

2. All on-site storm drains shall be protected against sedimentation by appropriate and acceptable methods.

3. Run-off from a disturbed area shall be controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both.

Pursuant to 327 IAC 15-5-7(c), during the period of construction at a site, all erosion control measures necessary to meet the requirements of 327 IAC 15-5-7 shall be maintained by the operator.

Based on site inspections conducted by the Indiana Department of Natural Resources ("IDNR"), Yeager Realty, L.L.C., R K Y Developments, L.L.C., J. Greg Allen and Associates, Inc., and/or J. Greg Allen Builder, Inc., failed to implement and maintain erosion control measures at the SS. Francis and Clare Subdivision construction site necessary to satisfy the requirements of 327 IAC 15-5 during the period of construction activity from October 30, 2001, to February 20, 2003. Specifically, Yeager Realty, L.L.C., R K Y Developments, L.L.C., J. Greg Allen and Associates, Inc., and/or J. Greg Allen Builder, Inc., failed to adequately protect disturbed areas through seeding or other appropriate erosion and sediment control practices, implement appropriate perimeter sediment control measures, stabilize conveyance channels or protect conveyance channels with appropriate sediment control measures, adequately protect drainage inlets, adequately stabilize drainage outlets, properly install and/or maintain erosion and sediment control measures, and keep public and private roadways clear of accumulated sediment and tracked soil, in violation of 327 IAC 15-5-7(b) and (c).

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than 60 days.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

Please contact Susan Baker at 317/233-5974 within 15 days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner:

Date: ________________________ Original signed July 11, 2003, by

Felicia A. Robinson

Deputy Commissioner for Legal Affairs