Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management (ADEM) is proposing to issue an Order to Fairhope LLC– The Shoppes @ Fairhope Village, located at the intersection of U.S. Highway 98 and Parker Road, in Fairhope, Baldwin County, Alabama.

The violations consisted of: effective BMPs had not been implemented and/or maintained; and noncompliance with the requirements of ADEM NPDES construction stormwater rules.

The order, if issued, would require the owner/operator to: implement and maintain effective BMPs; comply with applicable ADEM rules and registration requirements; perform corrective actions; pay a civil penalty in the amount of $11,000.00.

Interested persons may submit written comments, including request for a hearing, within 30 days of the publication date of this notice, to the Alabama Department of Environmental Management, attention James E. McIndoe, Chief of Water Division, PO Box 301463, Montgomery, Alabama 36l30-l463. The comment period shall end at the close of business 30 days from the publication date of this notice. A copy of the proposed order is available on the ADEM webpage at www.adem.state.al.us or may be obtained by written request to the above address. A nominal fee for copying may be charged.

This notice is hereby given this 22 of July, 2009, by authorization of the Alabama Department of Environmental Management.