SW7050223_HISTORICAL FILE_20180813

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
YYYYMMDD

North Carolina Secretary of State Search Results
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Limited Liability Company
LegaL Name
Magnolia Investors, LLC
Information
Sosld: 0446715
Status: Current -Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 1/7/1998
Registered Agent: Hawkins, Michael
Addresses
Principal. Office Reg Office Reg Mailing
206 Bridge Pointe Dr 206 Bridge Pointe Dr PO Box 12821
New Bern, NC 28562-6419 New Bern, NC 28562-6419 New Bern, NC 28561-2821
Mailing
PO Box 12821
New Bern, NC 28561-2821
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
Michael D Hawkins
206 Bridge Pointe Dr
New Bern NC 28562
https://www.sosnc.gov/online_services/search/ilusiness_lZegistration_ResuIts 8/ 13/2018

rulli3l) LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Magnolia Investors, LLC
SECRETARY OF STATE ID NUMBER: 0446715 STATE OF FORMATION: NC Fiing Office Use Only
E-Filed Annual Report
0446715
REPORT FOR THE YEAR: 2017 CA201710103503
4111l2017 02:30
SECTION A: REGISTERED AGENT'_$ INFORMATION Changes
1. NAME OF REGISTERED AGENT: Hawkins. Michael
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
206 Bridge Pointe Dr
New Bern. NC 28562-6419 Craven Countv
PO Box 12821
New Bern, NC 28561-2821
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Holding & Investment
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY S. PRINCIPAL OFFICE MAILING ADDRESS
206 Bridge Pointe Dr PO Box 12821
New Bem , NC 28562-6419
New Bern, NC 28561-2821
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Michael D Hawkins NAME:
TITLE: Manager TITLE:
ADDRESS:
206 Bridge Pointe Dr
New Bern, NC 28562
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPQRT. Section D must be completed in its entirety by a person/business entity.
Michael D Hawkins
SIGNATURE
Form must be signed by a Company Official listed tinder Section C of this form.
Michael D Hawkins
Print or Type Name of Company Official
4/11 /2017
DATE
Manager
Print or Type The Title of the Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Roger Thorpe
Re: Stormwater Plan SW7050223
Kale Road Maxi -Storage
Craven County
2003-029
Dear Roger,
RECEIVE®
Mhr U 3 2005
®WQ-WARO
April 27, 2005
Per our phone conversation this day, please find enclosed 2 sets of the revised
plans for the referenced project.
If you should have any questions or comments, please do not hesitate to call. I
hope you are,061ng well.
Since y,
JhnG. Thomas, P.E.
Encls
Cc w/encls: Gene Dunn
CADocuments and SettingsVeWy Documents%johngtTrojects\Ka]e Road 2003-0291Genera1\SWM4.doc

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
Federal Express
Tracking 4 841522622608
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Roger Thorpe
Re: Stormwater Plan SW7050223
Kale Road Maxi -Storage
Craven County
2003-029
Dear Roger,
RECERVE6
APR 2 6 2005
DWQ-WARO
April 25, 2005
I am in receipt of your comment letter dated March 23, 2005 of which a copy is
here attached for the referenced. I offer the following responses for your consideration
concerning each item:
1. I had discussed with a representative of the Washington Regional Office the
issue of the 3:1 ratio and the use of baffles some time ago concerning this
project. It was my understanding that the 3:1 ratio of length to width was not
of major importance with your office and was advised against the use of
baffles. Therefore, the current wet pond design has been based on information
received from your office and other projects that had previously, as well as
recently, been approved by your office. We ask for a waiver to the 3:1 length
to width ratio requirement.
2. The vegetative shelf remains at 6' and we ask for a waiver from the 10'
requested. Since this is a relatively small pond and because of the geometric
configuration, a 10 foot shelf would reduce the pond volumes significantly.
Also, the Washington Regional office has been approving less than 10' (3', 4'
& 6') on previously permitted and recently permitted projects.
I have attached a permit (SW7040510) that was issued out of the Washington
Regional Office in July of 2004 in Craven County; it clearly is designed with a 6' shelf
and is close to a 1:1 length to width ratio. I could send you more if you wish to see them.
I know that changes have occurred recently with the Washington Regional Office and
CADocuments and settingslteWy Doc umen tsljohngN'rojects\Kale Road 2003-0291GenerakSWM3.doc

now that we know what your requirements will be for future project review, we will
comply with those requirements on future project submittals.
Your favorably consideration of the above request will be greatly appreciated. If
you should have any questions or comments, please do not hesitate to call. I hope you are
doing well,/
Si
n G. Thomas, P.E.
Encls
Cc wlencls: Gene Dunn
CADocurnents and SettingslteWy Docuntentsljohngt\Projects\Kale Road 2003-0291GeneraASWM3.doc

ATiZA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
March 23, 2005
Mr. Robert Eugene Dunn, Sr.
507 Jimmies Creek Road
New Bern, NC 28560
Subject: Stormwater Review SW7050223
Kale Road Maxi Storage
Craven County
Dear Mr. McCotter:
This office received a State Stormwater permit application and plans for the subject project
on February 22, 2005. A preliminary review of your project indicates that before a State Stormwater
ne.rmit can be issued the following additional information is needed:
1. The wet pond length to width ratio should be 3:1 or greater. If this is not possible
please explain why and provide other alternatives to prevent short circuiting.
2. The submerged and vegetated perimeter shelf should be at least 10 feet wide
according to our Stormwater Best Management Practices Manual. If this is not
possible please justify.
The above information must be submitted by April 25, 2005, or your project will be returned
as incomplete. In order to reactivate a returned application a complete new package with new
application fee will have to be submitted.You should also be aware that the Stormwater Rules
require that the permit be issued prior to any development activity. Construction without a permit
could result in a fine of up to $10,000 per day. If you have questions, please feel free to contact me
at [phone].
Sincerely,
Roger K. Thorpe, P.E.
Environmental, Engineer
Washington Regional Office
Cc: Aomas Engineering, PA
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX [phone] Intemet; h2o.enr.state.nc.us
An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper
NorthCarolina
Nawally

Robert Eugene Dunn Sr. RECEIVED
507 Jimmies Creek Road A��R (- 3
New Bern, NC 28560
252.633.2056 fax:[phone] DWQ-WARO
To: Stormwater Management Section April 14, 2005
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Al Hodge
Re: Kale Road Maxi Storage Stormwater Project SW7050223
Kale Road Maxi -Storage
Craven County
2003-029
Dear Mr. Hodge,
1 am in receipt of the Notice of Violation that you sent dated March 29, 2005
concerning the'referenced project. Consider this as my response to your notice as well as
the attached letter from John Thomas of Thomas Engineering, PA.
1 did not realize that we were in violation of anything since we initially built one
building where the land disturbing activity was less than one acre. The construction of the
one building would not have resulted in enough impervious area on this tract of land that
would require a stormwater pond or the application for an Erosion and Sedimentation
Control Permit. The pond later was excavated after the building was erected, which even
though the pond made the total disturbed area over one acre, the work was performed at a
different time. We did afterwards apply for and receive an Erosion and Sedimentation
Control approval letter that included the stormwater pond and the remainder of the
proposed development.
I apologize for this unintentional violation and hope you we consider this in you
recommendation.
If you should have any questions or comments, please do not hesitate to call.
Sincerely,
Robert Eugene Dunn
Encl

�FR.OM : THOMAS ENG 1 NEER I NG PA FAX HO. : 2�26362 �a8
Apr. 15 200-F 10:11AM P1
Thomas Engineering, PA
403rC Airport Road
P.O. Box 1309. Nov Beni, NC 28563
1
232-637-2727
fax [phone]
omail: jthomas744{a-)anLcom
Ta AJ Hodge FROM: John Thomas
COMPANY: DWQ FA)W; S4"215
TIME: pm
[ate: April 15, 2005
PROJECT NAME. Kale Road Maxi Storage PROJECT # : 2003-029
TOTAL # OF PAGES INCLUDING COVER PAGE: 3
0 Comment
Al ... attached is Gene Dunn's response to the NOV that he asked me to forward to you, the
ongirial was mailed to you today... thanks, John Thomas

,'FROM : THOMAS ENGINEERING PA FAX HO. : 2525362448
Apr. 15 2005 10:12AN P2
Robert Eugene Dunn, Sr.
507 Jimmies Creek Road
New Rem, NC 28560
252.633.2056 fax, 252.633.5852
To: Stotmwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27999
Attn: Al Hodge
Re: Kale Road Maxi Storage 5tormwater Project SW7050223
Kale Road Maxi -Storage
Craven County
2003-029
Dear Mr. Hodge,
April 14, 2005
I am in receipt of the Notice of Violation that you sent dated Larch 29, 2005
concerning.the referenced project. Consider this as my response to your notice as well as
the attached letter from John Thomas of Thomas Engineering, PAS_
I did not realize that we were in violation of anything since we initially built one
building where the land disturbing activity was less than one acre. The construction of the
one building would not have resulted in enough impervious area on this tract of land that
would require a stormwater pond or the application for an Erosion and Sedimentation
Control Permit. The pond later was excavated after the building was erected, which even
though the pond made the total disturbed area over one acre, the work was performed at a
different time. We did afterwards apply for and receive an Erosion and Sedimentation
Control approval letter that included the stormwater pond and the remainder of the
proposed development.
I apologize for this unintentional violation and hope you we consider this in you
recommendation..
If you should have any questiotis or comments, please do not hesitate to call.
Sincerely,
Robert Eugene Dunn
Encl

FROM : THOMAS ENGINEERING PA FAX NO. : 252GSG2448
Apr. 15 2005 iO:12AM P?1
Thomas Engineering, PA
403-C Airport Road
P. 4. Box 1309, New Bern, NC 28563
252.637.2727 fax:252_636.2448
email: [e-mail]
aol.com
To: Robert Eugene Dunn
507 Jimmies Crock Road
New Bern, NC 28560
Re: Kale Road Masi Storage Stormwater Project SW7050223
New Bern, Craven County
2003-029
Dear Gene;
April 10, 2005
I am in receipt of the Notice of Violation that you received from Al Hodge dated March
29, 2005 concerning the referenced project. It is my un&rstanding that you intend to reply to Mr.
Hodge within the period specified. You may attach this letter to your response if you wish.
I take responsibility for the delay in the submission of the application in a timr~ly [Wanner.
Our workload over the past couple of years has been extremely heavy for the small business that
we are and we have been slow getting projects completed. I state this as not an excuse, but a
reality...... and for that I apologize.
However, the Washington Regional office has been very accommodating and forgiving
over the many years that I have been submitting applications to them. As much as I hate to admit;
many projects, not all mine, have over the last 10 to 15 years been well under way prior to
obtaining all of the required permits.
I have recently had several conveTmtions with and emails to and from AI, and he has
stated that "things are differ. ant in the Washington Office"_ As a consultant, I feel that perhaps the
Should have been notified that a rnorC hard line would be taken by Ai's office on the issue of
construction without a permit. I don't disagree vvith the change, I welcome it, and now that I
know this, the policy in my office concerning project construction has changed. I trust that A] will
consider this in hi.s recommendation, and I will say that he has more than got my attention
regarding this matter.
I have also received a letter, of which a copy is attached, from Roger Thorpe dated March
23, 2005 requcati.ng that two modifications be made to the plan_ The modifications include the
requirement for a 11 length to width ratio and to provide a 10 foot wide vegetative shelf. Permits
for other projects have been approved with less requirements by the Washington Regional Office.
I would be available to meet with you and Al Hodge concerning this matter if you wish to
schedule sec meeting with him.
If y6u have any questions or comments, please do not hesitate to call_ Otherwise, I hope
you are Oing well.
. Thomas, PE
C:'Document6 and ScuingslrclMy Documentsljahngt\Prpii4WKa1e Road 2003-029',GcnerahDunn I.doc

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
To: Robert Eugene Dunn April 10, 2005
507 Jimmies Creek Road
New Bern, NC 28560
Re: Kale Road Maxi Storage Stormwater Project SW7050223
New Bern, Craven County
2003-029
Dear Gene;
I am in receipt of the Notice of Violation that you received from Al Hodge dated March
29, 2005 concerning the referenced project. It is my understanding that you intend to reply to Mr.
Hodge within the period specified. You may attach this letter to your response if you wish.
I take responsibility for the delay in the submission of the application in a timely manner.
Our workload over the past couple of years has been extremely heavy for the small business that
we are and we have been slow getting projects completed. I state this as not an excuse, but a
reality...... and for that I apologize.
However, the Washington Regional office has been very accommodating and forgiving
over the many years that I have been submitting applications to them. As much as I hate to admit,
many projects, not all mine, have over the last 10 to 15 years been well under way prior to
obtaining all of the required permits.
I have recently had several conversations with and emails to and from Al, and he has
stated that "things are different in the Washington Office". As a consultant, I feel that perhaps we
should have been notified that a more hard line would be taken by Al's office on the issue of
construction without a permit. I don't disagree with the change, I welcome it, and now that I
know this, the policy in my office concerning project construction has changed. I trust that Al will
consider this in his recommendation, and I will say that he has more than got my attention
regarding this matter.
I have also received a letter, of which a copy is attached, from Roger Thorpe dated March
23, 2005 requesting that two modifications be made to the plan. The modifications include the
requirement for a 3:1 length to width ratio and to provide a 10 foot wide vegetative shelf. Permits
for other projects have been approved with less requirements by the Washington Regional Office.
I would be available to meet with you and Al Hodge concerning this matter if you wish to
schedule such a meeting with him.
If you e any questions or comments, please do not hesitate to call. Otherwise, I hope
you are do ell.
Sinr,44y;
G. TTiiomas, PE
CADocuments and SettingsVeWy Documentsljohngt\Projects\Kale Road 2003-0291General0unnI-doc

F:O -
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
March 29, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 3110 0002 0575 2394
Mr. Robert Eugene Dunn, Sr.
507 Jimmies Creek Road
New Bern, NC 28560
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: NOTICE OF N IOLATION 1 NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Stormwater Project SW7050223
Kale Road Maxi Storage
Craven County v
Dear Mr. Dunn:
This letter is to notify you that the Washington Regional Office of the Division of Water
Quality is considering taking an enforcement action for a violation. of North Carolina General
Statute 143-215. 1 (a)(2) which requires, among other things; that you apply for and receive a permit
before you construct any treatment works within the State.
This office received a stormwater permit application for this project on February 22, 2005,
On March 24, 2005 Mr. Roger Thorpe of this office inspected the site. At that time it was found that
one of the proposed buildings had been completed, a portion of the parking area was g=raveled and a
stormwater wet detention pond had been constructed.
Please be advised that construction of the proposed facilities without a valid permit is a
violation of North Carolina General Statute 143-215.1 and masubject you to appropriate
enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil penalties
of up to $10,000 per day per violation may be assessed for failure to secure a permit required by
North Carolina General Statute 143-215.1,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 On`
512 N. Salisbury St., Raleigh, North Carolina 27604 NOI'thCaI'0� 1I1a
Phone, 919-733-70151 FAX [phone] / Internet:: h2o.enr.state.nc.us

wy .
3'
1 1•
Page 2
Mr. Robert Eugene Dunn, Sr.
March 29, 2005
If you have an explanation for this violation that you wish to present, please respond to the
Washington Regional Office within 10 days after receipt of this Notice. Your explanation will be
reviewed and considered when making a determination whether to proceed with the enforcement
action.
If you have any questions regarding this matter please call me or Roger Thorpe at (252)
946-6481.
S:44E�'
Al Hodge. Regional Supervisor
Surface Water Protection
Washington Regional Office
Enclosure
cc: Craven County Inspections
T}aomas Engineering, PA
i/ViWashington Regional Office
Shelton Siflivan

A7iA.
.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F, Easley, Governor
March 23, 2005
Mr. Robert Eugene Dunn, Sr.
507 Jimmies Creek Road
New Bern, NC 28560
a:K d
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Stormwater Review SW7050223
Kale Road Maxi Storage
Craven County
Dear Mr. McCotter:
This office received a State Stormwater permit application and plans for the subject project
on February 22, 2005. A preliminary review of your project indicates that before a State Stormwater
permit can be issued the following additional information is needed:
1. The wet pond length to width ratio should be 3:1 or greater. If this is not possible
please explain why and provide other alternatives to prevent short circuiting.
2. The submerged and vegetated perimeter shelf should be at least 10 feet wide
according to our Stormwater Best Management Practices Manual. If this is not
possible please justify.
The above information must be submitted by April 25, 2005, or your project will be returned
as incomplete. In order to reactivate a returned application a complete new package with new
application fee will have to be submitted.You should also be aware that the Stormwater Rules
require that the permit be issued prior to any development activity. Construction without a permit
could result in a fine of up to $10,000 per day. If you have questions, please feel free to contact me
at [phone].
Sincerely,
Roger K. Thorpe, P.E.
Environmental Engineer
Washington Regional office
Cc: Thomas Engineering, PA
Washington Regional Office
943 Washington Square Matl, Washington, North Carolina 27889
Phone; 252-946-64811 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
one NhCarohna
Aaturally

O�OF WATF9QG NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
=� Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
eA
NCDENR

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Bill Moore
Re: Stormwater Plan
Kale Road Maxi -Storage
Craven County
2003-029
Dear Bill,
RECEIVED
FEB 2 2 2005
DWQ-V AR®
February 17, 2005
Please find enclosed the Stormwater Management Plan Submittal for the
referenced project for your approval. Enclosed items include the original Stormwater
Management Permit Application Form and one copy, two copies of the Wet Detention
Basin Supplement, and two copies each of the Stormwater Report and Plans. Also
attached is check # 5119 in the amount of $ 420.00,
If you Should have any questions or comments, please do not hesitate to call.
Si
Thomas, F.E.
Encl
CADocuments and Settings%te\My Documentsljohngt\Projects12003-029 Kale Road\Gcnera1\SWM l .doc

VA-Ro
WAr�qQ�
.c
M---f
❑ 'C
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 3110 0002 0575 2622
Mr. Robert Eugene Dunn, Sr.
Kale Road Maxi -Storage
507 Jimmies Creek Road
New Bern, NC 28560
SUBJECT: Assessment of Civil Penalties
Mr. Robert Eugene Dunn, Sr.
Kale Road Maxi -Storage
Craven County
Case No. 61-2005-0011
Dear Mr. Dunn:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 20, 2005
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter transmits notice of a civil penalty assessed against Mr. Robert Eugene Dunn, Sr. in the amount
of $4,354.78, which includes $354.78 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
no
NPne
OCarolina
NaiimaUy
North Carolina Division of Water Quality 943 Washington Sq. Mall Phone (252) 946 - 6481
Internet: h2o.enr.statem.us Washington. NC 27889 FAX (252) 946 - 9215

2. Submit a written request for remission or mitigation including a detailed
justification for such request:
OR
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of
the statements contained in the assessment letter. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver form and the attached
"Justification for Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty. assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 154B of the North Carolina General
Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Mr. Shelton Sullivan
NC DWO — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations that occur after the review period of this
assessment.
1f you have any questions, please contact Shelton Sullivan at [phone] ext 544 or myself at (252)
948-3844.
Sincerely,
Al Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
Division of Water Quality
ATTACHMENTS
cc: WARO -Files
DWQ - Wetlands & Stormwater Branch - NPS Assistance & Compliance Oversight Unit
DWQ - Central Files
Susan Massengale, PIO
Shelton Sullivan

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IN THE MATTER OF:
Robert Eugene Dunn, Sr.
Kale Road Maxi Storage
FOR VIOLATIONS OF
NCGS 143-215.1 and
15A NCAC 2H .1003
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT
AND NATURAL RESOURCES
Case No. CV-2005-0011
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Al Hodge, of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Robert Eugene Dunn, Sr., owns a Commercial Development know as Kale
Road Maxi Storage which was established under the laws of North Carolina.
B. On February 22, 2005, DWQ Washington Regional Office received a
stormwater permit application for Kale Road Maxi Storage.
C. On March 24, 2005, DWQ staff from the Washington Regional Office
inspected the Kale Road Maxi Storage and observed that one of the proposed
buildings had been completed, a portion of the parking area was graveled, and
the unauthorized construction of a stormwater control measure (treatment
unit) was completed.
D. For development activities located within the 20 coastal counties, a State
Stormwater Management Permit is required by NCGS 143-215.1 and 15A
NCAC 2H .1003 for development activities that require a Coastal Area
Management Act Major Permit or an erosion and sedimentation control plan.
E. Craven County is a Coastal County as defined by 15A NCAC 2H .1002(4).
F. Robert Eugene Dunn, Sr. failed to obtain a stormwater management permit
prior to construction of a stormwater wet detention pond (treatment unit).
G. The cost to the State of the enforcement procedures in this matter totaled
354.78

Robert Eugene Drum, Sr.
Kale Road Maxi Storage
Craven County
Case No. CV-2005-0011
Page 2 of 3
Based on the above Findings of Fact, 1 make the following:
H. CONCLUSIONS OF LAW:
A. Robert Eugene Dunn, Sr. is a "person" within the meaning of G. S. 143-
215.6A pursuant to G. S. 143-212(4).
B. Craven County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. Robert Eugene Dunn, Sr. violated NCGS 143-215.1 and 15A NCAC 2H .1003
by failing to secure a Stormwater Management Permit prior to construction of
the wet detention pond (treatment unit).
D. Robert Eugene Dunn, Sr. may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than twenty-five thousand dollars ($25,000) per violation per day may
be assessed against a person who is required but fails to apply for or to secure
a permit required by G. S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit or any
other permit or certification issued pursuant to authority conferred by this
Part.
E. Robert Eugene Dunn, Sr. may be assessed civil penalties pursuant to G.S.
143-215.6A (a)(6) which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) dollars per violation may be
assessed against a person who violates a rule of the Commission
implementing this part, Part 2A of this Article, or G.S. 143-355(k).
F. The State's enforcement cost in this matter may be assessed against Robert
Eugene Dunn, Sr., Inc. pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-
2$2(b)(8).
G. Al Hodge, of the Division of Water Quality, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.

Robert Eugene Dunn, Sr.
Kale Road Maxi Storage
Craven County
Case No. CV-2005-0011
Page 3 of 3
Based upon the above Findings of pact and Conclusions of Law, I make the following:
III. DECISION
Accordingly Robert Eugene Dunn, Sr. is assessed a civil penalty of
$ 4.000.00 for violating NCGS 143-215.1 and 15A NCAC 2H
.1003 by failing to obtain a stormwater management
permit from the Division of Water Quality for the
development of Kale Road Maxi Storage and prior
to the construction of the wet detention pond
(treatment unit).
$ 4,000.00 TOTAL CIVIL PENALTY, authorized by G.S.
143-215.6A.
$ 354.78 Enforcement costs.
S 4,354.78 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered
the factors set out in G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures
D�
Date
Al Hodge
Division of Water Quality

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: CV-2005-0011 County: Craven
Assessed Party: Robert Eugene Duna, Sr.
Amount Assessed: $ 4,354.78
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors apply. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent fixture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare fa);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION(attach additional pages as necessary):

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Craven
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINSTRATIVE HEARING AND
Robert Eugene Dunn, Sr. } STIPULATION OF FACTS
Kale Road Maxi Storage )
FILE NO. CV-2005-0011
Having been assessed civil penalties totaling $ 4,354.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 20, 2005, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of _ 120
ADDRESS
TELEPHONE
SIGNATURE