SW7990507_COMPLIANCE EVALUATION INSPECTION_20120618

ENGINEER'S CERTIFICATION
I, Eric J. Frank P.E. , as a duly registered Professional Engineer in the State of North Carolina,
hereby certify that construction of these permitted stormwater facilities has been completed in
substantial accordance with the approved plans.
Signature Registration Number 21554
Dated
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Magnolia Place Business Park p 9�
Stormwater Permit No. SW7990507
Craven County,North Carolina
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SECTIONi SENDER: COMPLETE THIS SECTION COMPLETE THIS .
■ Complete items 1,2,and 3.Also complete Fivery
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse Addressee
so that we can return the Card to you. (Printed Name) C. a f Delivgry
■ Attach this card to the back of the mailpiece, ` ? !�7
or on the front if space permits.
ess different from ttem 17 ❑Yes
1. Article Addressed to: elivery address below: ❑ No
MAGNOLIA INVESTORS LLC
MIKE HAWKINS, MANAGER
PO BOX 12821
NEW BERN, NC 28561 3. Service Type
❑Certified Meil ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ClC.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article"` 7011 1150 0000 4205 6184
(Transfer;,
PS Form 3811,February 2004 Domestic Return Receipt 102596-02-M-1 540
Postal
(DomesticCERTIFIED MAIL� RECEIPT
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Certified Fee
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Restricted Delivery Fee N
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r-q 8nee( MIKE HAWKINS, MANAGER
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ci ,A NEW BERN, NC 28561

N W
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
January 17,2012
CERTIFIED MAIL#7011 1150 0000 4205 6184
RETURN RECEIPT REQUESTED
Magnolia Investors LLC
Mike Hawkins, Manager
PO Box 12821
New Bern NC 28561
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2012-PC-0020
Permit Condition Violations
Stormwater Management Permit No. SW7990507
Magnolia Place Business Park
Craven County
Dear Mr. Hawkins:
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code
(NCAC) 2H.1003 for failing to comply with terms, conditions and limitations of a Stormwater
Management Permit No. SW7990507.
On January 12, 2012,Amy Adams of the Washington Regional Office performed an inspection to
determine the status of compliance with Stormwater Permit SW7990507. Permit Number SW7990507
was issued to you on June 21, 1999 for the Magnolia Place Business Park, located at Market Street,New
Bern, Craven County,North Carolina.
As a result of the site inspection and DWQ file review,the following observations and violations are
noted:
I. Permit Conditions#1 & 5
DWQ observed the inlet was not constructed as per the approved plans. Instead, a ditch is carrying
stormwater into the forebay area. In addition, the entrance swale/ditch is eroding and carrying sediment
into the forebay area. The forebay berm could not be located. The outlet structure and emergency
spillway were also not constructed as per the approved plans. The grassed lined outlet swale is also not
functioning due to missing components of the system. The wet pond is not consistent with the approved
plans and specifications. This is a violation of Permit Number SW7990507 Condition #la which states
"the stormwater management system shall be constructed in its entirety, vegetated and operational for its
intended use prior to the construction of any built-upon surfaces except roads" and Condition #5 which
states "this permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit,the approved plans and specifications, and other supporting data"
North Carolina Division of Water Quality Internet: www.newaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolliifn�a
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Naturally

II Permit Condition#2 &3--Failure to Provide Operation and Maintenance
Condition 2 and 3 of Stormwater Permit SW7990507 requires that the permittee shall provide the
operation and maintenance necessary to operate the storm water controls at optimum efficiency.
"Specific operation and maintenance failures are noted in the Comments section of your inspection
report. Also, some of the photographs taken during the site inspection are included. Please refer to the
new Operation and Maintenance Agreementfor solutions to noted problems.
III Permit Condition 46--Failure to Submit a Desiener's Certification
Both Permit Condition #6 and Title 15A NCAC 2H .1008 0) requires that upon completion of
construction, the designer for the type of stormwater system installed must certify that the system was
inspected during construction, was constructed in substantial conformity with plans and specifications
approved by DWQ, and complies with the requirements of this Section. As of the date of this letter,
DWQ has not received this certification.
Required Response
1. This Office requires that you respond to this letter in writing to the address listed at the
bottom of the letterhead within 30 calendar days of receipt of this Notice. Please provide a
written "Plan of Action" which outlines the actions you will take to correct the noted
violation(s)and a time frame for completion of those actions.
Thank you for your immediate attention to this matter. This Office is considering an enforcement action
including the assessment of civil penalties regarding these violations and any continuing violations that
may be encountered. Your above-mentioned response to this correspondence will be considered in this
process.
Please be advised, these violations and any continuing or future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina
General Statute 143-215.6A.This office requires that the violations,as detailed above,be abated and
properly resolved. Should you have any questions regarding these matters, please contact either Amy
Adams or myself at(252)946-6481.
S}Merely,
4AILge, egiona S PeNwI
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
cc: Katie Merritt-Webscape Unit
Inspector, Craven County Building Inspections
WaRO Files
DWQ Central Files
Brenda Menard,NC DOJ,Attorney General's Office

State Stormwater Inspection Report
General
Project Name: Magnolia Place Business Park Permit No: SW7990507 Expiration Date: 06/02/13-per
SessionLaw
Contact Person: Mike Hawkins(Magnolia Investors LLC) Phone Number: Inspection Type: Follow-up
Inspection Date: 01/12/2012 Time In:I 1:40AM Time Out: 12:05PM
Current Weather: Clear, Sunny,—58 degrees, Recent Rain(Date)? 1/11/12 Rain_ .5 in
Location
Facility Address/Location: Market Street
City:New Bern Zip: 28563 County: Craven La[ 35 °3`47.44"N Long:77°1`7.92"W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1�Coastal2008 Coastal Rule Session Law 2006-246
Goose Creek Outstanding Resource Waters
Density (circle one): High(I1D) Low(LD)
Stormwater Best Management Practices(BMPs) (insert number of each):
_1 Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement _Sand filters(circle one) Open Closed
Cistern _Level Spreader/Filter Strip Other(specify):
File Review Yes No NIA WE
1. Is the permit active? X
2. Signed Engineer's Certification on file? X
3. Signed Operation and Maintenance agreement on file? X
4. Recorded Deed Restrictions on file? X
Site Visit: Built Upon Area (BULAJ Yes No NIA N/E
5. BUA is constructed and consistent with the permit requirements? X
6. BUA aspermitted)is graded such that the runoff drains to the system?(high density only) X
7. Drainage area is consistent withpermit? i.e.no un ermitted drainage to the SW BMPs X
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs X
Site Visit: Stormwater BMPs Yes No N/A WE
9. Stormwater BMPs are located per the approvedplans? X
10. Stormwater BMPs have dimensions e . length,width,areo matching the approvedplans? X
11. Stormwater BMPs are constructed per the approvedplans? I X
Site Visit: Operation and Maintenance Yes No NIA N/E
12. Access points to the site are clear and well maintained? X
13. Trash has been removed as needed? X
14. Excessive landscape debris(grass clippings,leaves,etc)is controlled? X
15. Stormwater BMPs being operated and maintained as per the permit requirements? X
16. Inspection and Maintenance records are available for inspection? (high density only, 1995—present only) X
Site Visit: Other Permit Conditions Yes No NIA N/E
17. Is the site compliant with other conditions of thepermit? I X
Site Visit: Other Water Quality Issues Yes No N/A N/E
18. Is the site compliant with other water quality issues as noted during the inspection? X
State Stormwater Inspection Report,Version 3.0 Page 1 of

State Stormwater Inspection Report
Comments
1. Site is unchanged from initial inspection on September 10,2009. No corrective action has been taken on site.
2. The inlet is not constructed as per the approved plans. In addition, what has been constructed is eroding and sloughing into the
forebay area.
3. The forebay appears to have filled with sediment and is no longer at the appropriate depth. This excess sediment needs to be
measured and removed as per the signed operation and maintenance agreement.
4. The main area of the forebay is covered by invasive plants. While indigenous wetland plants are encouraged around the basin
perimeter,they should be removed once they cover 75%of the basin surface as per the signed operation and maintenance
agreement.
5. The side slopes of the pond have evidence of animal activity that are compromising the banks by excavation. These animals
should be removed from the system and the banks repaired
6. The side slopes of the pond have sloughed and eroded in some locations. This should be corrected and the area reseeded.
7. The outlet structure as approved has not been constructed. This is a violation of your permit. This must be immediately
corrected.
8. The overflow weir has not been constructed. This is a violation of your permit. This must be immediately corrected.
9. Due to the missing outlet structure,the grass lined swale has become an exit ditch carrying water directly from the pond and
bypassing the treatment the pond and vegetated Swale is intended to provide. This is a violation of both your permit and NC
General Statues. This must be immediately corrected.
10. No designer's certification has been received for this project as required by your permit.
Ins ection Pictures(some of the pictures taken during the site visit)
I_
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Compliance Status ❑ Compliant X Non-Compliant
Letter Sent (circle one). Yes No Letter type: CEI NOV NOVRE Other
Date Sent: 11 iMwa, Reference Number: t 6-00Z0 /
Inspector Name and Signature: Date:
L
State Stormwater Inspection Report,Version 3.0 Page 2 of 2

WET DETENTION O & M Inspection Checklist
YES NO N A NE
INLETS,and':FOREBAY -
1. Inlets are located per the approved plans: ® ❑ ❑ ❑
2. Inlet device (swale or pipe) is free of damage, clogs or erosion: ❑ ® ❑ ❑
3. Forebay berm is in place and without erosion: ❑ ❑ ❑
4. Forebay is free of excessive sediment: ❑ ® ❑ ❑
SIDE SLOPES AND`BANKS F:
S. Vegetated slopes are 3:1 or less: ® ❑ ❑ ❑
6. Banks are stable and free of erosion or bare soil: ❑ ® ❑ ❑
7. Slopes or berms are free of woody vegetation: ® ❑ ❑ ❑
8. Free of muskrats or beaver activity: ❑ ® ❑ ❑
9. Grass is being maintained and mowed (not scalped) as required: ® ❑ ❑ ❑
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ® ❑ ❑ ❑
11. Algal growth covers less 50% of the area: ® ❑ ❑ ❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: ❑ ® ❑ ❑
13. Main treatment area is free from excess sediment accumulation: ❑ ❑ ❑
•`OUTLETS, _� s. ..u' ,
14. Swale or emergency outlet bypass is in the correct place and is in good condition: ❑ ® ❑ ❑
15. Drawdown device is correctly sized free of damage or clogging: ❑ ® ❑ ❑
16. Orifice size matches the approved plans ❑ ® ❑ ❑
17. Outlet is free of erosion or other signs of damage: ❑ ® ❑ ❑
18. Trash rack is installed ❑ ® ❑ ❑
19. Vegetated filter is in place (if applicable) ❑ ® ❑ ❑
20. Relative elevations match approved plans ® ❑ ❑ ❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ ® ❑
*NE—Not Evaluated
V3.3_09

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
June 18,2012
Magnolia Investors LLC
Mike Hawkins, Manager
PO Box 12821
New Bern NC 28561
Subject: NOTICE OF INSPECTION
Magnolia Place Business Park
Permit No. SW7990507
Craven County
Dear Mr. Hawkins:
On June 7, 2012, Amy Adams of the Washington Regional Office of the Division of Water Quality
(DWQ) inspected Magnolia Place Business Park to determine compliance with Stormwater Management
Permit Number SW7990507 issued on June 21, 1999 for the Magnolia Place Business Park, located at
Market Street, New Bern, Craven County,North Carolina. DWQ file review and site inspection revealed
that the site is compliant with the terms and conditions of this permit, except for the submittal of the
Designer's Certification.
III. Permit Condition#6--Failure to Submit a Designer's Certification
Both Permit Condition #6 and Title 15A NCAC 2H .1008 0) requires that upon completion of
construction, the designer for the type of stormwater system installed must certify that the system was
inspected during construction, was constructed in substantial conformity with plans and specifications
approved by DWQ, and complies with the requirements of this Section. As of the date of this letter,
DWQ has not received this certification.
Once this designer's certification is submitted to the Regional Office, the Division will consider this
violation resolved.
Please be advised that you are required to comply with the terms, conditions and limitations of your
Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and
North Carolina General Statute 143-214.7, including operation and maintenance of your permitted
stormwater system. Nothing in this resolution of Notice of Violation(s) (NOV-2009-PC-0787 and
NOV-2012-PC-0020) shall restrict the right of DWQ to inspect or take action for any new or subsequent
violations of state water quality statues and relevant rules.
If the project has changed name, ownership or mailing address, a formal change of name/ownership form
must be submitted to DWQ within 30 calendar days detailing the change. Please provide the name,
mailing address and phone number of the person or entity that is now responsible for this permit.
North Carolina Division of Water Quality Internet: www.ncwaterouality.gr
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Naturallrf

Please be advised that violations of your Stormwater Management Permit may be subject to the
assessment of civil penalties of up to $25,000 per day per violation. If you have any questions please
contact the Scott Vinson of the Washington Regional Office, telephone number(252) 946-6481.
Sincerely, r j
Amy Ada s
Sr. Environmental Specialist
Wetlands& Stormwater Branch
Washington Regional Office
Enclosure: Stormwater inspection Report
cc: Katie Merritt, Webscape Unit
WaRO Files
Brenda Menard,NC DOJ, Attorney General's Office
Fi lename:S W 7990507_MagPl ace_Comp_060712

State Stormwater Inspection Report
General permit No: SW7990507 Expiration Date:6l2/09(12131/13)
Project Name:Magnolia Place Business Park Inspection Type:Routine
Phone Number:
Contact Person:Mike Hawkins Time In: 12:54pm Time Out: 1:25pm
inspection Date:06/07/2012 Recent Rain(Date):>5 days Rain--- — in I
Current Weather: Sunny,clear,75 deg. I
7ttttg
f NCSR l l5S and Market St-
Facility 35°3'47.44"N Long: 77° 1'7.92"W
Zip:28563County:Craven
Permit Information 1995 Coastal Rule 2008 Coastal Rule Session Law outstanding Resource Waters 006-246
Rule Subject to (circle one): Goose Creek Coastal Rule High Quality Waters
Density (circle one); High(HD) Low(LD)
LD Swates _Stormwater Wetlands
Infiltration Trenches —Sand filters(circle one) Open Closed
Stormwater Best Management
felt arioncBasinsBMPs) (mseri number of eac
i Wet Ponds ____-Bioretention ____Permeable Pavement
__Dry Ponds
Cistern ___Level Spreader/Filter Strip Other(specify): Yes No NIA NIE
X
File Review X
1, is the ermit active?---PER SESSION LAW X
2, Si ned En ineer's Certification on file? X
3. Si ned O eration and Maintenance agreement on file? Yes No NIA NIE
4. Recorded Deed Restrictions on file? X
Site Visit: Built U on Area BUA X
5, BUA is constructed and consistent with the ermit re uirements? X
6. BUA as ermined is raded such that fire runoff drains to the s stem7 hi h densi onl X
g. Dpaina a area is stabilized?to reduce risk of sedimen ation torthe SW BMPs W BMPs Yes No NIA NIE
X
Site Visit: Stormwater BMPs X
9, Stormwater BMPs are located er the a roved Width,area matchin the a roved tans? X
l0. Stormwater BMPs have dimensions e .le n th, Yes No NIA NIE
l 1. Stormwater BMPs are constructed er the approved plans?
X
Site Visit: O -------
station and Maintenance X
12. Access oints to the site are clear and well tnaintairted? X
13. Trash It as been removed as needed? X X
14. Excessive landscape debris( pass cii in s,leaves,etc)is a permit re
15. Stormwater BMPs bein o crated and maintained as per the permit requirements'.) Yes No NIA NIE
16. Ins ection and Maintenance records are available for ins ection? (hi h densi onl , 1995— resent onl
X
Site Visit: Other Permit Conditions NIA NIE
17. is the site com litu t with other conditions of the erMI Yes No
Site Visit: Other Water uali Issues oted Burin theins ection?
X
18. is the site com liam with other water ualit issues as n
Page 1 of
State stonnwater Inspection Report,version 3.0

Comments State Stormwater Inspection Report
F3Areas
ession Law your permit has been extended until December 31, 2013. p
No ime. You will not be required to renew this permit until
his
ject as required
si 2012 per ctonsultant ErcePrank en eas-builtstbeingrsurveyed within the next couple of wee
ived for
7'1
of bare soil still evident from recent repairs. Please stabilize soils th by your permit Designer's certification expected by
zed with installed sod, weeks,
y providing ground cover. Emergency overflow
Ins ection Pictures (some of the pictures taken during the site visit)
xt.
yr„
a ;
ti
4 z:
I
xn
i
i
Compliance X Compliant 7, Non-Compliant
Letter Sent(circle one
: Yes No Letter type
Date Sent: 06/18/2012 CEI pV NOVRE Other
RReff Reference Number:
Inspector Name and Signature: l (! y( �
Date: l f " f
State Stormwater Inspection Report,version 10
Page 2 of

WET DETENTION O &M Inspection Checklist
YES N N A_ .,_E
i-
INLETS and FpRESA ' ❑
i. Li Lj
Inlets are located per the approved plans: ® ❑ ❑ ❑
2. Inlet device (swale or pipe) is free of damage, clogs or erosion: ® ❑ ❑ ❑
3. Forebay berm is in place and without erosion: ® ❑ ❑ ❑
4. Forebay is free of excessive sediment:
SIDES ;)0E-S' ND.BAN� ® ❑ ❑ ❑
5. Vegetated slopes are 3:1 or less: ❑ ® ❑ ❑
6. Banks are stable and free of erosion or bare soil: Note** ® ❑ ❑ ❑
7. Slopes or berms are free of woody vegetation: ® ❑ ❑ ❑
8. Free of muskrats or beaver activity: ® ❑ ❑ ❑
9, Grass is being maintained and mowed (not scalped) as required:
PEI2IME1�RtANb'MAIN.RAY ® ❑ ❑ ❑
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ❑ ❑ ❑
11. Algal growth covers less 50% of the area: ® ❑ ❑ ❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: ® ❑ ❑ ❑
�13. Main treatment area is free from excess sediment accumulationY�fLETS =- - ® ❑ ❑ ❑
14. Swale or emergency outlet bypass is in the correct place and is in good condition: ❑ ❑ ❑
15. Drawdown device is correctly sized free of damage or clogging: ® ❑ ❑ ❑
16. Orifice size matches the approved plans ® ❑ ❑ ❑
17, Outlet is free of erosion or other signs of damage: ❑ ❑ ® ❑
18. Trash rack is installed ❑ ❑ ® ❑
19. Vegetated filter is in place(if applicable) ® ❑ ❑ ❑
20. Relative elevations match approved plans ❑ El ® ❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size:
*NE—Not Evaluated
V3.3_09

ENGINEER'S CERTIFICATION
I, Eric J.Frank. P.E. , as a duly registered Professional Engineer in the State of North Carolina,
hereby certify that construction of these permitted stormwater facilities has been completed in
substantial accordance with the approved plans.
Signature ;;4 <�
Registration Number 21554
Dated _1,5 '01tolen+++++
�GAROL��if
%
Magnolia Place Business Park
Stormwater Permit No. SW7990507
Craven County,North Carolina �•L15 �
'y S'�..FNQtN�•PQ2�.`�

WET DETENTION O & M Inspection Checklist
YES NO NZA NE
INLETS and.FOREBAY
1. Inlets are located per the approved plans: ® ❑ ❑ ❑
2. Inlet device (swale or pipe) is free of damage, clogs or erosion: ❑ ® ❑ ❑
3. Forebay berm is in place and without erosion: ❑ ❑ ❑
4. Forebay is free of excessive sediment: ❑ ® ❑ ❑
SIDE SLOPES AND BANKS ,
5. Vegetated slopes are 3:1 or less: ® ❑ ❑ ❑
6. Banks are stable and free of erosion or bare soil: ❑ ® ❑ ❑
7. Slopes or berms are free of woody vegetation: ® ❑ ❑ ❑
8. Free of muskrats or beaver activity: ❑ ® ❑ ❑
9. Grass is being maintained and mowed (not scalped) as required: ® ❑ ❑ ❑
PERIMETER(AND MAIN BAY
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ® ❑ ❑ ❑
11. Algal growth covers less 50% of the area: ® ❑ ❑ ❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: ❑ ® ❑ ❑
13. Main treatment area is free from excess sediment accumulation: ❑ ❑ ❑
OUTLETS ` `
14. Swale or emergency outlet bypass is in the correct place and is in good condition: ❑ ® ❑ ❑
15. Drawdown device is correctly sized free of damage or clogging: ❑ ® ❑ ❑
16. Orifice size matches the approved plans ❑ ® ❑ ❑
17. Outlet is free of erosion or other signs of damage: ❑ ® ❑ ❑
18. Trash rack is installed ❑ ® ❑ ❑
19. Vegetated filter is in place (if applicable) ❑ ® ❑ ❑
20. Relative elevations match approved plans ® ❑ ❑ ❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ ® ❑
*NE—Not Evaluated
V3.3_09

ENGINEER'S CERTIFICATION
I, Eric J.Frank. P.E. .as a duly registered Professional Engineer in the State of North Carolina,
hereby certify that construction of these permitted stormwater facilities has been completed in
substantial accordance with the approved plans.
Signature Registration Number 21554
Dated
\\H991111/1/j••
♦♦♦.��GAIROL�Nq•,,�•
Magnolia Place Business Park
k �2�a� s�L f s
Stonnwater Permit No. S W7990507 _ z
Craven County North Carolina zs p2�y 01. ON
� 'r

State Stormwater Inspection Report
General
Project Name: Magnolia Place Business Park Permit No: SW7990507 Expiration Date: 12/31/14
Contact Person: Mike Hawkins Phone Number: Inspection Type: Routine
Inspection Date: 04/12/2012 Time In: 10:45 am Time Out: 1 L 05 am
Current Weather: sunny,clear Recent Rain(Date)N/A Rain— <0.1 in
Location
Facility Address/Location: Intersection of NCSR 1155 and Market St.
City:New Bern Zip:28563 County:Craven Lat: 350 3'47.44"N Long: 77' 1792"W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High(HD) Low(LD)
Stormwater Best Management Practices(BMPs) (insert number of each):
_1 Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
_Cistern Level Spreader/Filter Strip Other(specify):
File Review Yes No N/A NIE
1. Is the permit active?---PER SESSION LAW X
2. Signed Engineer's Certification on file? X
3. Signed Operation and Maintenance agreement on file? X
4. Recorded Deed Restrictions on file? X
Site Visit: Built Upon Area (BUAJ Yes No N/A NIE
5. BUA is constructed and consistent with the permit requirements? X
6. BUA(aspermitted)is graded such that the runoff drains to the system?(high density only) X
7. Drainage area is consistent withpermit? i.e.no un ermitted drainage to the SW BMPs X
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs X
Site Visit: Stormwater BMPs Yes No N/A NIE
9. Stormwater BMPs are located per the approvedplans? X
10. Stormwater BMPs have dimensions(e . length,width,area matching the approvedplans? X
11. Stormwater BMPs are constructed per the approvedplans? I X
Site Visit: Operation and Maintenance Yes No N/A N/E
12. Access points to the site are clear and well maintained? X
13. Trash has been removed as needed? X
14. Excessive landscape debris(grass clippings, leaves,etc)is controlled? X
15. Stormwater BMPs being operated and maintained as per the permit requirements? X
16. Inspection and Maintenance records are available for inspection? (high density only, 1995—present only) X
Site Visit: Other Permit Conditions Yes No NIA NIE
17. Is the site compliant with other conditions of thepermit? I X
Site Visit: Other Water Quality Issues Yes No N/A NIE
18. Is the site compliant with other water quality issues as noted during the inspection? X
State Stormwater Inspection Report,Version 3.0 Page I of 2

State Stormwater Inspection Report
Comments
1. The outlet structure has not been constructed. This is a violation of your permit. This must be immediately corrected.
2. The overflow weir has not been constructed. This is a violation of your permit. This must be immediately corrected.
3. The inlet is not constructed as per the approved plans. In addition,what has been constructed is eroding and sloughing into the
forebay area.
4. Due to the missing outlet structure,the grass lined swale has become an exit ditch carrying water directly from the pond and
bypassing the treatment the pond and vegetated Swale is intended to provide. This is a violation of both your permit and NC
General Statues. This must be immediately corrected.
5. The forebay appears to have filled with sediment and is no longer at the appropriate depth. This excess sediment needs to be
measured and removed as per the signed operation and maintenance agreement.
6. The main area of the forebay is covered by invasive plants. While indigenous wetland plants are encouraged around the basin
perimeter,they should be removed once they cover 75%of the basin surface as per the signed operation and maintenance
agreement.
7. The side slopes of the pond have evidence of animal activity compromising the banks. These animals should be removed from
the system and the banks repaired
8. The side slopes of the pond have sloughed and eroded in some locations. This should be corrected and the area reseeded.
9. No designer's certification has been received for this project as required by your permit.
InS ection Pictures (some of the pictures taken during the sitevisit)
di.
Compliance Status ❑ Compliant X Non-Compliant
Letter Sent(circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: Date:
State Stormwater Inspection Report,Version 3.0 Page 2 of 2

��an
STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
Roy CoopuR P.O.Box 629 12F:rt.v ro
ATroRNGY Gu\lu i. RAtrt(u,NC 27602 Pnw.11"r.REYNO1DS
1?NvntoNsf I,N'rAl.l)n'is ioa•
•Pet.:(919)716-66(X)
Fax:[phone]
October 19, 2010
Henderson, Baxter,Taylor & Gatchel, PA, Registered Agent
Magnolia Investors, LLC
PO Drawer U
New Bern,NC 28563
Re: Civil Penally Assessment, DWQ PC 2009-0116$4,847.76
Plus Accrued Interest$158.05, Total Amount Due $5,005.81
Craven County
To Whom It May Concern:
A civil penalty was assessed against Magnolia Investors, LLC by the Department of
L'nviromnent and Natural Resources, Division of Water Quality ("DWQ"), on January 8, 2010,
and became due and owing on February 22, 2010, in the current amount of five thousand five
dollars and eighty-one cents ($5,005.81),which includes investigation costs and accrued interest.
As of the date of this letter, no payment has been received.
In order to avoid the filing of a civil action against you, the civil penalty assessment must
be paid. Payment should be made by check or money order payable to "N.C. Department of
Natural Resources" or"NCDENR", and sent to my attention at the above address. If payment is
not made within ten (10) days of receipt of this letter, the State will file a legal action in Craven
County Superior Court to collect the civil penalty, plus court costs, and interest at the legal rate.
If you have any questions, please contact me immediately at [phone].
Sincerely,
Phillip 1'. Reynolds
Assistant Attorney General
cc: Shelton Sullivan, DWQ
PTR1brc

NCDEHR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue,Governor Dee Freeman,Secretary
Mary Penny Thompson,General Counsel
March 15, 2009
swtig CIO 5 o7
Brian Taylor
Magnolia Investors, LLC
P.O. Drawer U
New Bern,NC 28563
Subject: Unpaid Civil Penalties
Case No: PC-2009-0116
NoV aooy--pc.-vyg7
Penalty Investigative Cost Total Amount Due
$4,500.00 $347.76 $4,847.76
Brian Taylor(registered agent):
On 40186,'fhe North Carolina Department of Environment and Natural Resources,the Division of
,'ac:,r Quality-Wetlands and Stormwater, assessed a civil penalty for the above violation. According
to our records these documents were delivered. The penalties are due and collectible. Presently,you
have failed to pay the penalty assessment within the time allowed by North Carolina law, so it has
been referred to me for collection. Initially,the penalty and investigative costs equal$4,847.76.
In order to resolve this matter please forward a check in the amount of$4,847.76 to:
Collections Department
Department of Environment and Natural Resources
Office of General Counsel
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please be advised,that it is the policy for NCDENR to charge and collect a processing fee of$25.00
for checks on which payment has been refused by the bank because of insufficient funds or because of
an invalid bank account.
Please make your check payable to the North Carolina Department of Environment and Natural
Resources. Payment must be received within thirty(30) days of receipt of this letter. Failure to
submit full payment of the penalty will result in additional interest and may result in this matter being
Collections Department
1601 Mail Service Center Raleigh,North Carolina 27699-1601 One
Phone:[phone] FAX:[phone] Email:[e-mail] NorthCarolina
An Equal Opportunity!Affirmative Action Employer Jhaturally

2_
referred to the State Attorney General to recover the full amount of the penalty plus interest and legal
fees.
If you believe you have received this written demand for payment in error or have any questions,
please contact Linwood Cox at(919) 715-2946,or via e-mail at [e-mail]. Your
prompt attention to this matter is appreciated.
Sincerely,
Linwood Cox
Business Officer

Surface Water Protection
Washington Regional Field Office
Division of Water Quality
December 7, 2009
Memorandum:
TO: John Hennessey
NPS-ACOiReliupervi
it sor
FROM: Al Hod e
Washingt ficf e
PREPARED BY: Amy Adams 0
SUBJECT: Enforcement Recommendation
Magnolia Investors,LLC
Magnolia Place Business Park
Craven County,NC
Enclosed is an enforcement recommendation package for Magnolia Investors, LLC
(Magnolia Place Business Park) in Craven County,NC. Amy Adams of this Office conducted a
site inspection on September 10,2009. A Notice of Violation and Recommendation for
Enforcement was issued on September 17, 2009. On October 16, 2009, a response to the DWQ
NOV was received in this office. The response indicated that the permittee proposes to construct
all missing components of the stormwater wet detention pond and provide maintenance in the
areas of plant removal, sediment buildup, and damage of side slopes.
The current status of the site is unchanged as of November 25, 2009. No work has been
performed on-site, contrary to the plan of action submitted in October. Site remains in violation.
The impacts have resulted in the following violations:
• Stormwater Permit Coniditions of Permit No. SW7990507
• 15A NCAC 2H .1000
DWQ has no record of past violations for Magnolia Investors, LLC
Enforcement Costs:
Amy Adams 6 hours @ $28.57 $171.42
Al Hodge 1 hours @ $41.94 $41.94
Mileage 80 miles @ $0.43/mile $34.40
Central Office Review and Processing $100.00
Total S 347.76

Conditions of Stormwater Management Permit(NCAC 2H .1000)
Attachment Checklist— Enforcement Package for (CyO�
Regional
Office � ' o County l/1 tJV�ImU I I \Case t c r����
Owner 111L1Af1b�kol\ OS'tU�S���V�P Facility M taflDltl P�1`1CQ rgUS (�JLk
A ^ \_ _-' 41AtA1Kf ns 11 `
Case Prepared by �ayl& Peer Reviewed by A. %Jf,�cv r -1
i
Staff RID
Attachments Needed for RO Case File R/ • (Initial) Supervisor
Initial
1. Enforcement Recommendation Memo- Hard Copy R
2. Findings and Decisions Document R
3. Assessment Letter
4. Assessment Factors • 1/
5. Vicinity Map—with Site Indicated R ✓
6. Photographs with dates R
7. Site Map or Sketch of where pictures were taken R
8. Approval Letter for E&SC Plan or CAMA Permit R
9. Copy of DWQ NOV(s)and R
10. Any NOV RESPONSE
11. Proof of Corporation
12. Copy of the SSW Permit R
KEY: Required: R If Applicable:
Attachments Needed Definitions
1. Enforcement
Recommendation Memo addressed to Wetlands&Stormwater Branch,that summarizes violations and enforcement recommendation
Memo-Hard Copy
2. Findings and Findings and Decisions document with Case Number from BIMS.
Decisions Document
This will include(1)Assessment Letter, (2)Justification for Remission form and(3)Waiver for an administrative
3. Assessment Letter hearing form.
4. Assessment Factors Assessment factors detail the Regional Office's factors for civil penalty assessment.
5. Vicinity Map—with Vicinity Map indicates the landscape position of the site.
Site Indicated
6. Photographs with Documents the scope of the impacts. Dates and any written description should be included to document when and
dates where the photos were taken. When possible take reference photos for comparison.
7. Site Map or Sketch of A simple map depicting where the photos were taken and the direction of the photos. This is used to support the
where pictures were assessment and imperative to staff unable to go to the site.
taken
8. Approval Letter for Approval Letter from DLR or Local Program of Land disturbances 1acre or greater and drains to: ORW or 1 mile
E&SC Plan or CAMA from and draining to HOW,confirms that facility is required to obtain a SW Permit from DWQ. Approval Letter for a
Permit CAMA Major Permit confirms that a facility is required to obtain a SW Permit from DWQ
9. Copy of DWQ NOV(s) DWQ NOV illustrates and details the impacts and violations on the site. DWQ NOV also details specific response
and requirements that were communicated to the violator. documents proper notification.
10, Any NOV RESPONSE Any Response to the DWQ NOV will be considered in the case assessment process.
11. Proof of Corporation If applicable. This confirms correct name of the Limited Liability Corporation(LLC),Company, Registered Agent,
address,etc. Refer to the Secretary of State website: http://www.secretary.state.nc.us/corporations/
12. Copy of the SSW This confirms the correct permit conditions with the correct citations.
Permit

State SW Guidance Assessment Amounts DRAFT 3-2009
Permit Related Violation Guidance Assessment Range Guidance Point Max per NCGS 143-215.6A(bl) Max per NCGS 143-215.6A(a)
"State SW Permit-Failure to Obtain 0-8000 10000 25000
""Outlet to Waters w/o SSW Permit - 4000 10000 25000
"Failure to Renew SSW Permit 0-8000 4000 10000 25000
Slate SW Permit Condition Violations _ 0-5000 2500 10000 25000
s.,
Failure to MoBi Permit 0-5000 2500 10000 25000
Major 08M Fallures(Forebay filled
' with Sedimentexcessive vegetation -
etc '. . 0-5000 2500 10000 25000
MOW" 0-3000 1500 10000
25000
M1AOre"B.UA,than mtKddl� 0-5000 2500 10000 25000
0-6000 ( 2500'.' 10000 25000
Failure to construct and operate prior
to either COs or Occupancy 0-1000 500 10000 25000
- 0-1000 600 1 10000 25000
:Off-site drainage that exceeds BMP
capacity 0-3000 1500 10000 25000
Penalty amounts within the guidance assessment range or to the maximum amount may be assessed provided that the assessment factors support the
penalty. All eight assessment factors listed In N.C.G.S.1438-282.1 (b)must be considered when determining the amount of penalty as required by N.C.G.S.
143-215.6A(c).
"Can be assessed by RO Supervisor
Printed on 11/13/2009 State SW Assessment Guidance DRAFT 3-4-09.xis

NCDEE R
North Carolina Department of Environment and Natu i R ces
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 7, 2009
Mike Hawkins CERTIFIED MAIL 7008 1300 0001 0434 7082
Magnolia Investors,LLC RETURN RECEIPT REQUESTED
PO Box 12821
New Bern NC 28561
SUBJECT: Assessment of Civil Penalties
State Stormwater Management Permit
Magnolia Investors, LLC
Magnolia Place Business Park
Permit No. SW7990507
Craven County
Case No.PC-2009-0116
Dear Mr. Hawkins:
This letter transmits notice of a civil penalty assessed against Magnolia Place Investors,LLC in the
amount of$3597.76,which includes $ 3$ 47.76in 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(30)calendar days of receipt of this notice,you must do one of the following three
options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties,OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of
these documents 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.
These options are detailed below:
Option 1 —Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources
DENR . You do not need to include any forms with your payment,however please reference the
Case No. PC-2009-0116 on your check or money order.
North Carolina Division of Water Quality Intemet: www ncwalerqualily.orK
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper Naturally

Magnolia Investors,LLC
Craven County
Case No.PC-2009-0116 �•
P n p C 12
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Payment must be sent within 30 calendar days of receipt of this notice to the
attention of:
John Hennessy
NC DENR-DWQ—Wetlands and Stormwater Branch
NPS Assistance&Compliance Oversight Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Option 2—File a request for remission of civil penalties:
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 will not be processed without 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 of Right to an Administrative
Hearing and Stipulation of Facts"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.
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice with the NPS Assistance & Compliance Oversight Unit.
Submit this information to the attention of:
John Hennessy
NC DENR-DWQ—Wetlands and Stormwater Branch
NPS Assistance &Compliance Oversight Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Option 3—File a written petition with the Office of Administrative Hearines:
If you wish to contest any portion of the civil penalty assessment, you must file a petition for a
contested case hearing. This must be in the form of a written petition to the Office

I
Magnolia Investors,LLC
Craven County
Case No.PC-2009-0116
11 a , u 13
of Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. For further information, please refer to the Office of Administrative Hearings website
(http://www.ncoah.com/).
Within thirty (30) calendar days of receipt of this notice,you must file your original petition for
a contested case hearing in the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
You must also mail or hand-deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh,NC 27699-1601
and to:
John Hennessy
NC DENR-DWQ—Wetlands and Stormwater Branch
NPS Assistance&Compliance Oversight Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
The violations addressed by this assessment and any impacts to waters must be abated and properly
resolved. You are encouraged to contact Amy Adams with the DWQ Washington Regional Office at
[phone] if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future,continuing,or other violations beyond the scope of
this specific assessment.
If you have any questions,please see the following website:
http://h2o enr state ric.us/ws/ripsacouindex.litil or contact Katie Merritt at(919) 807-6371 or John
Hennessy at(919) 807-6377.
Sincerely,
John Hennessy
Division of Water Quality
ATTACHMENTS
cc: John Hennessy—DWQ NPS Assistance&Compliance Oversight Unit Supervisor
DWQ Washington Regional Office Files
DWQ Central Files
Brian Taylor,Registered Agent PO Drawer U New Bern NC 28563

Magnolia Investors,LLC
Craven County t
Case No.PC-2009-0116
Pagc j4
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: Case No. PC-2009-0116 County: Craven
Assessed Party: Magnolia Investors, LLC
Permit No. (if applicable): SW7990507 Amount Assessed: $3597.76
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 aring, 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 applies.
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 andprevent future 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 for);
(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):
i
f
t

Magnonamvvaui"
Craven County
Case No.PC-2009-0 t t 6
ENVIRONMENTAL MANAGEMENT
STATE OF NORTH CAROLINA
ON
COUNTY OF C�N
WAIVER OF RIGHT TO AN
MINISTRATIVE HEARING AND I
IN THE MATTER OF ASSESSMENT ) ADMINISTRATIVE
STIPULATION OF FACTS
OF CNIL PENALTIES A )
Magnolia Investors,LLC CASE NO. Case No.PC-2009-0116 I
been assessed civil penalties totaling�76 for violation(s) as set forth in the
i
Having p Quality dated December 7 2009 the
assessment document of the Director of the Division of Water Q tY
ek remission of the civil penalties, does hereby waive the right to an
undersigned, desiring to se
r and does stipulate that the facts are as alleged in the
administrative hearing in the above-stated matte
assessment document.
further understands that all evidence presented in support of remission of this
The undersigned
civil penalty support of a remission
must be submitted to the Dilectasr of the sessment No new evidence ntthin thirty(3
calendar days of receipt a f the civil penalty assessment.
request will be allowed after thirty (30)calendar days from the receipt of the civil penalty
20
day of
This the
NAME(printed)
SIGNATURE
ADDRESS
TELEPHONE

Magnolia Investors,LLC
Craven County
NORTH CAROLINA DIVISION OF Violator: WATER UALITY
Project Name: Mike Hawkins/Ma nolia Investors LLC
County; -Magnolia Place Business Park
Permit Number: OVEN
SW7990S07 Case Number: Case No. PC-2009-0116
1) The degree and extent of haSE nat�rall resources
rnm to the ceRs of the State to the
to private property resulting from the violation;
Public health, or
2) The duration and gravity of the violation;
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 violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management C pommission has regulatory authority; and
f
8) The cost to the State of the enforcement procedures.
i
Date
John Hennessy
Division of Water Quality

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen K Sullins Dee Freeman
Governor Director Secretary
January 8, 2010
CERTIFIED MAIL RETURN RECEIPT CERTIFIED MAIL RETURN RECEIPT
REQUESTED #7008 1300 0001 0434 7082 REQUESTED #7003 2260 0005 5381 1962
Magnolia Investors, LLC Magnolia Investors, LLC
Attn: Mike Hawkins Attn: Brian Taylor, Registered Agent
PO Box 12821 PO Drawer U
New Bern, NC 28561 New Bern, NC 28563
SUBJECT: Assessment of Civil Penalties
Stormwater Management Permit No. SW7990507
Magnolia Investors, LLC
Magnolia Place Business Park
Craven County
Case No. PC-2009-0116
Dear Mr. Hawkins:
This letter transmits notice of a civil penalty assessed against Magnolia Investors, LLC in the
amount of $4,847.76, which includes $347.76 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 (30) calendar days of receipt of this notice, you must do one of the following
three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your
receipt of these documents 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.
These options are detailed below:
Option 1 —Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources (DENR). You do not need to include any forms with your payment,
however please reference the Case No. PC-2009-0116 on your check or money order.
Wetlands and Stormwater Branch
1617 Mail Service Center.Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone]\FAX:[phone]\Customer Service:1.877-623-6748 One
Internet:www.ncwaterqualiry.org NorthCarollii/n�a
An Equal Opponunity\Affirmative Action Employer Nahiral y

Magnolia Investors, LLC
Craven County
Case No. PC-2009-0116
Page 2 of 3
Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Payment must be sent within 30 calendar days of
receipt of this notice to the following:
if sending by first Class Mail via the US Postal Service: if sending via delivery service(UPS, FedEx, etc.).-
John Hennessy John Hennessy
NC DENR-DWQ-Wetlands and Stormwater Branch NC DENR-DWQ-Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit °f NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
Option 2 - File a request for remission of civil Penalties:
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 will not be processed without 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 of Right to an
Administrative Hearing and Stipulation of Facts" and the attached "lustification 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 not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
For this option you must file your request for remission of civil penalties within thirty
(30) calendar days of receipt of this notice with the NPS Assistance & Compliance
Oversight Unit. Submit this information to the following:
if sending by First Class Mail via the US Postal Service: If sending via delivery service(UPS, FedEx, etc.),-
John Hennessy John Hennessy
NC DENR-DWQ-Wetlands and Stormwater Branch NC DENR-DWQ -Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit °f NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
Option 3 - File a written petition with the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a
petition for a contested case hearing. This must be in the form of a written petition
to the Office of Administrative Hearings and must conform to Chapter150B of the

Magnolia Investors, LLC
Craven County
Case No. PC-2009-0116
Page 3 of 3
North Carolina General Statutes. For further information, please refer to the Office of
Administrative Hearings website (http://www.ncoah.com/).
Within thirty (30) calendar days of receipt of this notice, you must file your original
petition for a contested case hearing in the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand-deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, INC 27699-1601
and to:
if sending by First Class Mail via the US Postal Service: if sending via delivery service(UPS, FedEx, etc.):
John Hennessy John Hennessy
NC DENR-DWQ-Wetlands and Stormwater Branch NC DENR-DWQ-Wetlands and Stormwater Branch
NIPS Assistance & Compliance Oversight Unit °f NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
The violations addressed by this assessment and any impacts to waters must be abated and
properly resolved. You are encouraged to contact Amy Adams with the DWQ Washington
Regional Office at [phone] if you need assistance in achieving compliance at the site,
Please be advised that additional assessments may be levied for future, continuing, or other
violations beyond the scope of this specific assessment.
If you have any questions, please see the following website:
http://h2o.enr.state.nc.us/ws/npsacouindex.htm or contact Katie Merritt at [phone] or
myself at [phone].
ZIS1c rely,
John E. Hennessy
Division of Water Quality
ATTACHMENTS
cc: Al Hodge/Amy Adams - DWQ Washington Regional Office
John Hennessy- DWQ NIPS Assistance & Compliance Oversight Unit Supervisor
Mell Nevils- DLR Land Quality Section (copy sent via .pdf)

NCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 8, 2010
CERTIFIED MAIL RETURN RECEIPT CERTIFIED MAIL RETURN RECEIPT
REQUESTED #7008 1300 0001 0434 7082 REQUESTED #7003 2260 0005 5381 1962
Magnolia Investors, LLC Magnolia Investors, LLC
Attn: Mike Hawkins Attn: Brian Taylor, Registered Agent
PO Box 12821 PO Drawer U
New Bern, NC 28561 New Bern, NC 28563
SUBJECT: Assessment of Civil Penalties
Stormwater Management Permit No. SW7990507
Magnolia Investors, LLC
Magnolia Place Business Park
Craven County
Case No. PC-2009-0116
Dear Mr. Hawkins:
This letter transmits notice of a civil penalty assessed against Magnolia Investors, LLC in the
amount of $4,847.76, which includes $ 47.76 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 (30) calendar days of receipt of this notice, you must do one of the following
three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your
receipt of these documents 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.
These options are detailed below:
Option 1 —Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources (DENR). You do not need to include any forms with your payment,
however please reference the Case No. PC-2009-0116 on your check or money order,
Wetlands and Stormwater Branch
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone.[phone]\FAX,919-807-64941 customer Service:1.877-623-6748 One
Internet:www.ncwaterquality.org North Carroll ii na
An Equal opportunity\Affirmative Action Employer ,Vg tpt/ally

Magnolia Investors, LLC
Craven County
Case No. PC-2009-0116
Page 2 of 3
Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Payment must be sent within 30 calendar days of
receipt of this notice to the following:
If sending by First Class Mail via the US Postal Service: if sending via delivery service(UPS, FedEx, etc.):
John Hennessy John Hennessy
NC DENR-DWQ-Wetlands and Stormwater Branch NC DENR-DWQ-Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit °f NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
Option 2- File a request for remission of civil penalties:
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 will not be processed without 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 of Right to an
Administrative Hearing and Stipulation of Facts" 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 not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions,
For this option you must file your request for remission of civil penalties within thirty
(30) calendar days of receipt of this notice with the NPS Assistance & Compliance
Oversight Unit. Submit this information to the following:
If sending by First Class Mail via the US Postal Service: ff sending via delivery service(UPS, FedEx etc.):
John Hennessy John Hennessy
NC DENR-DWQ-Wetlands and Stormwater Branch NC DENR-DWQ-Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit °r NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
Option 3 - File a written petition with the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a
petition for a contested case hearing. This must be in the form of a written petition
to the Office of Administrative Hearings and must conform to Chapter150B of the

Magnolia Investors, LLC
Craven County
Case No. PC-2009-0116
Page 3 of 3
North Carolina General Statutes. For further information, please refer to the Office of
Administrative Hearings website (http://www,ncoah.com/).
Within thirty (30) calendar days of receipt of this notice, you must file your original
petition for a contested case hearing in the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand-deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
and to:
lfsending by first Class Mail via the US Postal Service: If sending via delivery service(UPS, fed Ex, etc.)'
John Hennessy John Hennessy
NC DENR-DWQ-Wetlands and Stormwater Branch NC DENR-DWQ-Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit °f NIPS Assistance & Compliance Oversight Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
The violations addressed by this assessment and any impacts to waters must be abated and
properly resolved. You are encouraged to contact Amy Adams with the DWQ Washington
Regional Office at [phone] if you need assistance in achieving compliance at the site.
Please be advised that additional assessments may be levied for future, continuing, or other
violations beyond the scope of this specific assessment.
If you have any questions, please see the following website:
http://h2o.enr.state,nc.us/ws/npsacouindex.htm or contact Katie Merritt at [phone] or
myself at [phone],
5 c rely,
John E. Hennessy
Division of Water Quality
ATTACHMENTS
cc: Al Hodge/Amy Adams - DWQ Washington Regional Office
John Hennessy- DWQ NIPS Assistance & Compliance Oversight Unit Supervisor
Mell Nevils - DLR Land Quality Section (copy sent via .pdf)

'STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
COUNTY OF CRAVEN RESOURCES
IN THE MATTER OF ) CASE NO. PC-2009-0116
MAGNOLIA INVESTORS, LLC )
FINDINGS AND DECISION
FOR VIOLATIONS OF ) AND ASSESSMENT OF
Conditions of Permit No. SW7990507 ) CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (hereby known as G.S) 143-215.6A,I, John
Hennessy, of the Division of Water Quality(hereby known as DWQ), make the following:
I. FINDING OF FACT
A. Magnolia Investors,LLC is a company organized and existing under the laws of the State
of North Carolina,
B. Magnolia Investors, LLC was issued Stormwater Management Permit No. SW7990507
on June 21, 1999 for a high density stormwater project known as Magnolia Place
Business Park, located on Market Street in Craven County,North Carolina. Stormwater
Management Permit No. SW7990507 will expire on June 21, 2012. This permit was
issued in accordance with Title 15A North Carolina Administrative Code(hereby known
as NCAC)2H .1003.
C. Title 15A NCAC 2H .1003 requires a State Stormwater Management Permit for
development activities within the 20 coastal counties that require a Coastal Area
Management Act(hereby known as CAMA)Major Permit or an Erosion and
Sedimentation Control Plan.
D. Craven County is a Coastal County as defined by Title 15A NCAC 2H .1002(4).
E. On September 10,2009, DWQ staff from the Washington Regional Office inspected the
site and observed that the inlet, the outlet structure and the emergency spillway of the
stormwater wet detention pond had not been constructed as per the approved plans and
specifications. Neither the outlet structure,nor the emergency spillway had ever been
constructed.
F. Condition H. Schedule of Compliance#la of Permit number SW7990507 requires that
"the stormwater management system shall be constructed in its entirety,vegetated and
operational for its intended use prior to the construction of any built-upon surfaces except
roads".
G. On September 10,2009, DWQ staff from the Washington Regional Office inspected the
site and observed that the operation and maintenance requirements of the stormwater wet
detention pond had not been met. Specifically,the lack of maintenance has allowed
sloughing and eroding of side slopes, accumulation of sediment in the forebay, and
overgrowth of invasive plants covering more than 75%of the basin surface.

Magnolia Invc tots,LLC
Craven County
Page 2 of 4
H. Condition II.Schedule of Compliance#3 of Permit number SW7 90507 requires that
"the permittee shall at all times provide the operation and maintena ce necessary to
assure the permitted stormwater system functions at optimum effici ncy, including by not
limited to: a. Semiannual scheduled inspections b. sediment remova c. Mowing and re-
vegetation of side slopes d. immediate repair of eroded areas e. Mai tenance of side
slopes in accordance with approved plans and specifications f. Debr s removal and
unclogging of outlet structure,orifice device and catch basins and p ing".
I. DWQ file review indicated that the designer's certification for the i stalled stormwater
system has not been received by DWQ.
J. Condition II. Schedule of Compliance#6 of Permit number SW7 90507 requires that
"upon completion of construction and prior to operation of this pe 'tted facility, a
certification must be received from an appropriate designer for the s stem installed,
certifying that the permitted facility has been installed in accordanc with this permit, the
approved plans and specifications, and other supporting documentation".
K. Stormwater from the subject site described above drains to Neuse River,Class SB; Sw;
NSW waters within the Neuse Basin.
L. The cost to the State of the enforcement procedures in this matter totaled 3$ 47.76.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Magnolia Investors,LLC is a"person"within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. The Neuse River constitutes waters of the State within the meaning of G.S. 143-212(6).
C. The Stormwater Management Permit No. SW7990507 issued to Magnolia Investors, LLC
on June 21, 1999 was issued in accordance with Title 15A NCAC 21-1 .1003.
D. Magnolia Investors, LLC violated Condition H. Schedule of Compliance#la of Permit
number SW7990507 by failing to construct a stormwater wet detention pond in
accordance with the approved plans and specifications.
E. Magnolia Investors, LLC violated Condition II. Schedule of Compliance #3 of Permit
number SW7990507 by failing to provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency.
F. Magnolia Investors,LLC violated Condition II.Schedule of Compliance#6 of Permit
number SW7990507 by failing to submit a Designer's Certification to DWQ upon
completion of the stormwater management system

Magnolia Investors,LLC
Craven County
Page 3 of 4
G. Magnolia Investors,LLC may be assessed civil penalties in this matter pursuant to G.S.
143 15.6A(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
perrait or any other permit or certification issued pursuant to authority conferred by this
Part
H. Magnolia Investors, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A
(a)( )which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00)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)..
I. The tate's enforcement cost in this matter may be assessed against Magnolia Investors,
LLC pursuant to G.S. 143-215.3 (a)(9)and G.S. 143E-282.1 (b)(8).
J. Johr Hennessy of the DWQ,pursuant to delegation provided by the Secretary of the
Dep irtment of Environment and Natural Resources and the Director of the Division of
Wa[ r Quality, has the authority to assess civil penalties in this matter.
Based upon the abov I Findings of Fact and Conclusions of Law,I make the following:
III. DECISION
Accordingly,Magno is Investors,LLC is hereby assessed a civil penalty of:
$ for one(1)violation of Condition II. Schedule of Compliance#la of
Permit number SW7990507 by failing to construct a stormwater wet
detention pond in accordance with the approved plans and specifications
$ �`' d' for one(1)violation of Condition II. Schedule of Compliance#3 of
Permit number SW7990507 by failing to provide the operation and
maintenance necessary to assure the permitted stormwater system
functions at optimum efficiency
$ for one(1)violation of Condition II. Schedule of Compliance#6 by
failing to submit a Designer's Certification to DWQ upon completion of
the stormwater management system
TOTAL CIVIL PENALTY,authorized by G.S. 143-215.6A
34 .76 Enforcement Cost
TOTAL AMOUNT DUE

i
Magnolia Invcstors,LLC
Craven County
Page 4 of 4
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I consider d 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 pu lie 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 progr ms over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
� C
Date John E. Henne
Division of Wa a ity
i
it
I

SERUM
NORTH CAROLINA DIVISION OF W AT ER UALI
Violator: Mike Hawkins/M olia Investors LLC
Project Name: Mapnolia Place Business ParkCase Number: Case No.PC-2009-0116
County: CRAVEN
Permit Number: SW7990507
ASSESSMENT FACTORS
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 violation;
Polluted stormwater runoff is the number one cause of water pollution in North Carolina.In most cases in North Carolina
today, stormwater either does not receive any treatment before it enters our waterways or is inadequately treated.
2)The duration and gravity of the violation;
The permit for Magnolia Place Business Park(Magnolia Commons)was issued in 1999. This equates to 10 years of
stormwater being inadequately treated at this site,therefore allowing pollutants to enter into the Neuse Basin.
3)The effect on ground or surface water quantity or quality or on air quality;
Stormwater BMPs are designed to treat non-point sources of pollution as well as impacts from sediment. Unless
constructed properly,the wet detention system is unable to retain and treat stormwater,allowing sediment and pollutants
to enter directly into the streams and rivers and contributes to degrading water quality.
4)The cost of rectifying the damage;
Pertnittee will incur costs in constructing/retrofitting the existing wet detention pond to meet the approved design
specifications. Costs for construction are unknown.
5)The amount of money saved by noncompliance;
Undetermined. Permittee saved money by not properly constructing all components of the approved wet detention basin.
6)Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was 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
Magnolia Investors LLC has no prior record
8)The cost to the State of the enforcement procedures.
$347.76 Enforcement costs
Date Al Hodge
Division of Water Quality
North Carolina Division of Water Quality Internet _nw�r,ncvateaualitv.o� One
943 Washington Square Mall Phone: [phone] NorthCarolina
Washington,NC 27889 FAX [phone]
An Equal OppoAun'AylAffirmative Acton Employer—500%Regded1700k Post Consumer Paper
Xtura!!y

a-
000000
STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
COUNTY OF CRAVEN RESOURCES
IN THE MATTER OF ) CASE NO.PC-2009-0116
Magnolia Investors,LLC )
FINDINGS AND DECISION
FOR VIOLATIONS OF ) AND ASSESSMENT OF
Permit No. SW7990507 ) CIVIL PENALTIES
15A NCAC 2H .1000 )
Acting pursuant to North Carolina General Statues(hereby known as G.S.) 143-215.6A,I, John
Hennessy, of the Division of Water Quality(hereby known as DWQ),make the following:
I. FINDING OF FACT
A. Magnolia Investors, LLC is a company organized and existing under the laws of the State
of North Carolina.
B. Magnolia Investors,LLC was issued Stormwater Management Permit No. SW7990507
- on June 21, 1999 for a high density stormwater project known as Magnolia Place
Business Park, located on Market Street in Craven County,North Carolina. Stormwater
Management Permit No. SW7990507 will expire on June 21,2012.
C. Title 15A North Carolina Administrative Code(hereby known as NCAC)2H .1003
requires a State Stormwater Management Permit for development activities within the 20
coastal counties that require a Coastal Area Management Act(hereby known as CAMA)
Major Permit or an Erosion and Sedimentation Control Plan.
D. Craven County is a Coastal County as defined by Title 15A NCAC 2H .1002(4).
E. On September 10,2009,DWQ staff from the Washington Regional Office inspected the
site and observed the stormwater wet detention pond had not been constructed as per the
approved plans and specifications. Specifically, the inlet, outlet structure and emergency
spillway were not constructed as per the approved plans.
F. Part II. (1 & 5)of Permit number SW7990507 requires that"the stormwater management
system shall be constructed in its entirety,vegetated and operational for its intended use
prior to the construction of any built-upon surfaces except roads"and"this permit shall
become voidable unless the facilities are constructed in accordance with the conditions of
this permit,the approved plans and specifications, and other supporting data."
G. On September 10,2009,DWQ staff from the Washington Regional Office inspected the
site and observed that the operation and maintenance requirements had not been met.
Specifically,the lack of maintenance has allowed sloughing and eroding of sideslopes,
overgrowth of invasive plants covering more than 75%of the basin surface, and
accumulation of sediment in the forebay.
H. Part II(2&3) of Permit number SW7990507 requires that"the facilities must be properly
maintained and operated at all times. The approved Operation and Maintenance Plan

Magnolia Investors,LLC
Craven County
Page 2 of 4
must be followed in its entirety and maintenance must occur at the scheduled intervals"
and "the permittee shall at all times provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency including by not
limited to: a. Semiannual scheduled inspections b. sediment removal c. Mowing and re-
vegetation of side slopes d. immediate repair of eroded areas e. Maintenance of side
slopes in accordance with approved plans and specifications f. Debris removal and
unclogging of outlet structure, orifice device and catch basins and piping."
L DWQ file review indicated that the designer's certification for the installed stormwater
system has not been received by DWQ.
J. Title 15A NCAC 2H .1008 0) requires that upon completion of construction, the designer
for the type of stormwater system installed must certify that the system was inspected
during construction, was constructed in substantial conformity with plans and
specifications approved by DWQ, and complies with the requirements of this Section.
K. Stormwater from the subject site described above drains to Neuse River, Class SB; Sw;
NSW waters within the Neuse Basin.
L. The cost to the State of the enforcement procedures in this matter totaled $347.76.
Based upon the above Finding of Fact, I make the following:
11. CONCLUSION OF LAW
A. Magnolia Investors, LLC is a"person"within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212 (4).
B. The Neuse River constitutes waters of the State within the meaning of G.S. 143-212 (6).
C. Magnolia Investors, LLC violated Part 11. (1 & 5) of Permit number SW7990507 by
failing to construct a stormwater wet detention pond in accordance with the approved
plans and specifications.
D. Magnolia Investors, LLC violated Part II (2&3 ) of Permit number SW7990507 by failing
to provide required operation and maintenance on the approved wet detention pond.
E. Magnolia Investors, LLC violated Title 15A NCAC 2H .1008 Q)by failing to submit a
Designer's Certification to DWQ upon completion of the stormwater management
system.
F. Magnolia Investors, LLC 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.

' Magnolia Investors,LLC
Craven County
Page 3 of 4
G. Magnolia Investors, L emay be'a'ssessed 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)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)..
H. The State's enforcement cost in this matter may be assessed against Magnolia Investors,
LLC pursuant to G.S. 143-215.3 (a)(9)and G.S. 14313-282.1 (b)(8).
I. John Hennessy of the DWQ, 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.
Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION
Accordingly,Magnolia Investors,LLC is hereby assessed a civil penalty of:
$ $2500.00 for violation of Part II. (1&5) of Permit number SW7990507 by failing
to construct a stormwater wet detention pond in accordance with the
approved plans and specifications.
$ $500.00 for violation of Part II. (2&3)of Permit number SW7990507 by failing
to provide required operation and maintenance on the approved wet
detention pond in accordance with the permit conditions.
$ $ 250.00 for violation of Title 15A NCAC 2H .1008 Q)by failing to submit a
Designer's Certification to DWQ upon completion of the stormwater
management system.
$ $ 3250.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ $ 347.76 Enforcement Cost
$ 3597.76 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. 14313-282.1(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;

Magnolia Investors,LLC
Craven County
Page 4 of 4
(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
Date John Hennessy
Division of Water Quality

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v MCIQM&CREED
v
June 9, 1999 - -�-""
Mr. Roger Thorpe, P.E.
Environmental Engineer JUN 1 5 lyy9
Washington Regional Office
943 Washington Square MallPW
C
9 q ASHINGTON REGIONAL OFFICE
Washington, NC 27889 TWO
RE: Stormwater Permit SW7990507
Magnolia Place Business Park, Craven County
Dear Dear Mr. Thorpe:
This letter is in response to your letter of June 2, 1999 on behalf of Mr. Mike Hawkins,
Manager, Magnolia Investors, LLC. Information is being supplied for the items listed in your
letter as follows:
➢ The method proposed to assure no short circuiting is to raise the berm in the middle of the
pond to the proposed permanent pool elevation of 22.3ft.
➢ The storm water from the area marked on the plan as future development will be handled by
the new land owner that owns that property and is not to be considered as part of this
application.
➢ Three copies of a detailed narrative description of the storm water treatment system is
enclosed.
➢ We are also sending 3 copies of the revised plans.
We trust this will provide the needed information to continue your review. Should you have
questions please advise.
Sincerely,
McKIM & CREED ENGI EE P.A.
C. T. Clayton,P.E.
Senior Project Manager
Enclosures:
cc: Mike Hawkins
N.*1upton\CTs rept\Thorpe.11r..doc 2807 NEUSE BLVD., BLDG. 5, NEW BERN, NORTH CAROLINA 28562
TEL [phone] FAx[phone] www.mckimcreed.com

,%,�.to f �.. '.44'iY� P•.&`L:::s�,rT,.:"d1�' ' -- tsp•e.£; 6 �iy;, ,�'�zy�sn��A.*t. " Y€�..:t,4& p,..4� ,"�}'-�' +
ate Receive Pee Pan Permit N
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICA
This form may be photocopied for use as an origina p D
I. GENERAL INFORMATION AY 1 1 1999
1. Applicants name (specify the name of the corporation, individual, etc. who o ns
REGIONAL OFFICE
Magnolia Investors, LLC DWD
2. Print Owner/Signing Official's name and title (the person who is legally responsible for the facility and
its compliance):
Mike Hawkins, Manager
3. Mailing Address for person listed in item 2 above:
PO Box 12821
City New Bern State: NC zip; 28561
Telephone Number. ( 252 L 6 3 5-0 4 0 4
4. Project Name(subdivision,facility,or establishment name-should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Magnolia Place Business Park
5. Location of Facility (street address):
NCSR 1155
Cdy Township No. 7 Count Craven
y.
6. Directions to facility (from nearest major intersection):
Intersection of Taberna Way and US Highway 70 head west toward New
Bern. Take Service Road on Right. Property on otherside of
Trader Const.
7. Latitude— 3 4°52 ' 17" Ivngitude_ 7 7°01 ' 18" of facility
8. Contact person who can answer questions about the facility:
Name Mike Hawkins Telephone Number. ( 252 ) 635-0404 _
II. PERMrr INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list
the existing permit number and its issue date(if known)
Form SWU-101 April 1998 Page 1 of 4

3. Specify the type of project(check one):
_—Low Density X High Density _Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
—CAMA Major X ,Sedimentation/Erosion Control _404 Permit
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
Collector roadway swales have a maximum 0 . 3% and discharge to the
forebay of the storm water sediment pond which is controlled by a
decant orifice and then to a grass lined swale. The storm water
pond has an emergency spillway..
2. Stormwater runoff from this project drains to the Neuse River basin.
3. Total Project Area_ 7 _ 1 9 acres 4. Project Built Upon Area 7 5 %
5. How many drainage basins does the project have? 1
6. Complete the following information for each drainage basin. If there are more than two drainage basins in
the project, attach an additional sheet with the information for each basin provided in the same format as
below.
Receiving Stream Name Neuse
Receivin Stream Class SE SW NSW
Drainage Basin Area 1 2 7 4 3 s .f t.
Existing Impervious*Area 0
Proposed Im ervious'Area 5 .29 acres
Impervious'Area (total) L 73 . 34%
_.. a .}'.a Y. Y �.
On-site Buildings 0. 41 acres proposed
On-site Streets 0. 53 acres
On-site Parkin 4 .33 acres proposed
On-site Sidewalks 0 .02 acres proposed
Other on-site
Off-site
Total: 5. 29 acres E_
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking
areas, sidewalks, gravel areas, etc.
7. How was the off-site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded.
Form SWU-101 April 1998 Page 2 of 4

By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. AGENT AUTHORIZATION
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf,please complete this section:
Designated agent(individual or fum):
MailingAddiew — --
-_ State: Trp:
Phone: ( L Pax _--
VI. SUBMITTAL REQUIREMENTS
This application package will not be accepted by the Division of Water Quality unless all of the applicable
items are included with the submittal.
1. Please indicate that you have provided the following required information by signing your initials in the
space provided next to each item.
Applicant's Initials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s)for each BMP(see Attachment A) r-- t+-
• Permit application processing fee (see Attachment A) ✓h t+
• Two copies of plans and specifications including: r vt
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications,including: -
-Development/Project name
-Engineer and firm
-Legend
- North arrow
- Scale
-Revision number&date
- Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
-Original contours,proposed contours,spot elevations,finished floor elevations
-Details of roads, parking,cul-de-sacs,sidewalk and curb and gutter
-Wetlands delineated,or a note on plans that none exist
- Existing drainage (including off-site), drainage easements,pipe sizes, runoff calculations
- Drainage basins delineated
- Vegetated buffers (where required)
VIL APPLICANTS CERTIFICATION
I,(print or type nanteofperson listed inCeneral Information,item2) Mike Hawkins
certify that the information included on this permit application form is correct, that the project will be
constructed in conformance with the approved plans, that the deed restrictions in accordance with Attachment
A of this form will be recorded with all required permit conditions,and that to the best of my knowledge the
proposed project coo lies iththhe requirementsof 15A NCAC 2H .1000. g
Signature: zere Date�,7
Title: Manager
Form SWI1-101 April 1998 Page 3 of 4

ATTACHMENT A
1. Deed Restriction Language
The following statements must be recorded for all low density projects and for all projects that involve the
subdivision and selling of lots or outparcels:
1. No more than _ square feet of any lot, including that portion of the right-of-way between the
edge of pavement and the front lot line, shall be covered by impervious structures including
asphalt, gravel, concrete, brick, stone, slate or similar material but not including wood decking or
the surface of swimming pools. This covenant is intended to insure continued compliance with the
stormwater permit issued by the State of North Carolina. The covenant may not be changed or
deleted without the consent of the State.
2. No one may fill in, pipe, or alter any roadside swale except as necessary to provide a minimum
driveway crossing.
NOTE: If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot
number, size and the allowable built-upon area for each lot.
For commercial projects that have outparcels or future development the following statements must also be
recorded:
3. The connection from the outparcel or future area into the stormwater system must be made into the
forebay such that short-circuiting of the system does not occur.
4. All built-upon area from the outparcel or future development must be directed into the permitted
stormwater control system.
5. Built-upon area in excess of the permitted amount will require a permit modification prior to
construction.
For curb outlet systems,the following statement in addition to items 1 and 2 above must be recorded:
6. No one may pipe,fill in or alter any designated 100 foot long grassed swale used to meet the
requirements of NCAC 2H .1008(g).
2. Supplement Forms
The applicable supplement form(s) listed below must be submitted for each BMP specified for this project:
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Nutrient Management Strategy Supplement
3. Permit Application Fees (check made payable to NCDENR and submitted to the appropriate Regional
Office)
Type of Permit New, Modification, or Timely Renewal Without
Low Density
Late Renewal Modification High Density $225 n/a
Other $3855 $225
Director's Certification $225 n/a
General Permit $350 n/a
$50 n/a
Form SWU-101 April 1998 Page 4 of 4

Permit No.
to be provided y
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATIO Ib4 G �3
WET DETENTION BASIN SUPPLEMEN J
This form may be photocopied for use as art original MAY 1 1 1999
DW Stormwater Management Plan Review:
A comp ete stormwater management pCan submittal includes a wet detention basi suftwfti�v 'ohm
design calculations, plans and specifications showing all basin and outlet struc
notarized operation and maintenance agreement.
1. PROJECT INFORMATION (please complete the following information):
Project Name : Magnolia Place Business Park
Contact Person: Mike Hawkins Phone Number: 252) 635-0404
For projects with multiple basins, specify which basin this worksheet applies to:
Basin Bottom Elevation 17 . 3 _ ft. (average elevation of the floor of the basin)
Permanent Pool Elevation _ 22 . 3 ft. (elevation of the orifice)
Temporary Pool Elevation 23 .7 ft. (elevation of the discharge structure overflow)
Permanent Pool Surface Area 12, 7 4 0 sq. ft. (water surface area at the orifice elevation)
Drainage Area 7. 19 ac. (on-site and off-site drainage to the basin)
Impervious Area _ 5 . 2 9 _ ac. (on-site and off-site drainage to the basin)
Permanent Pool Volume 40 , 49Ocu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume __ 19 , 81 Ocu. ft. (volume detained above the permanent pool)
Forebay Volume 5, 445cu. ft.
SA/DAt used 3 . 95 (surface area to drainage area ratio)
Diameter of Orifice 3 @ 1 in.
Design TSS Removal 85 % (85% TSS removal required, see item k below)
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Form SWU-102 Rev 1/August 1998 Page 1 of 3

Applicants Initials
_ a. The temporary pool controls runoff from the 1 inch storm event.
b. The basin length to width ratio is greater than 3:1.
M H c. The basin side slopes above the permanent pool are no steeper than 3:1.
Pn L-4 d. A submerged and vegetated perimeter shelf at less than 6:1 is provided (show detail).
r+I-* e. Vegetation above the permanent pool elevation is specified.
_r^471 f. An emergency drain is provided to empty the basin. (p ..Q1e f K,K'P'>
M i9 g. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
M aV h. The temporary pool draws down in 2 to 5 days.
i. A trash rack is provided for both the overflow and orifice.
M b9 j. The forebay volume is approximately equal to 20% of the total basin volume.
r+ +9 k. Sediment storage is provided in the permanent pool.
M tF4 1. A 30-foot vegetative filter is provided at the outlet2 (include erosive flow calculations)
/vll� " in. Recorded drainage easement for each basin including access to nearest right-of-way.
.pnr4 _ n. A site specific operation and maintenance (O&M)plan is provided.
N o. A vegetation management/mowing schedule is provided in the O&M plan.
rv,- 'i p. Semi-annual inspections are specified in the O&M plan.
/v^ ++i- q. A debris check to be performed after every storm event is specified in the O&M plan.
r. Specific clean-out benchmarks are specified in the O&M plan(elevation or depth).
s. A legally responsible party is designated in the O&M plan3 (include name and title).
M t. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin.
Footnotes:
I When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious /o and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90%TSS removal.
3 The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a
resident of the subdivision has been named the president.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment
systems (pretreatment other than forebays), and the vegetated filter if one is provided.
This system (check one) g does ❑ does not incorporate a vegetated filter.
This system (check one) ❑ does ❑ does not incorporate non-integrated pretreatment.
Maintenance activities shall be performs as follows:
1. After every significant runoff producing rainfall event and at least monthly:
Form SWU-102 Rev 1/August 1998 Page 2 of

a. Inspect the wet detention basin system for sediment accumulation, erosion,trash accumulation, grass
cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.)quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75%of the original design depth. Removed sediment shall be disposed of in an appropriate
manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a
wet detention basin or stream, etc.).
The original design depth is: ,j W
The sediment removal benchmirk3eptfi is: S, 7S Ar/
5. Remove cattails and other indigenous wetland plants when they cover 75% of the basin surface. These
plants shall be encouraged to grow along the basin perimeter.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the above
maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the
project, responsible party, or address.
Print name: _Mike Hawkins
Address: PO Box 12821
Phone: [phone]
Title: Manager
Signature:
Date:
1, �_. a Notary Public for the/State of do-1h �nro)i NR ,
County of 01-AU6,V do hereby certify that MIVV 6- I Awk;"Js _
personally appeared before me this _�_ day of Ma(Z 19 479 , and acknowledge the
due execution of the forgoing infiltration system maintenance requirements. Witness my hand and official seal,
My conurnssion expires 0?3 o"?DO3 t-.E`?4lflY
s
FU, !i
Form SWU-102 Rev ]/August 1998 Page 3 of 3

5TOKMWATEK MANAGEMENT
Pond Calrulation6 l]nit5 5ymbol5 & Governing ETtiono
Total Site Area 7.19 ac TA '"'�
Proposed Building Area 0.41 ac BA D 5 lD U V 1
Proposed Parking Area 4.86 ac PA U
Green Area 1.92 ac GA p�AY 1 1 1999
Proposed Pond Depth 5.00 ft PD
WASHINGiON ORWGOIONAL OFFICE
Percent Impervious 73.34 % (TA-GA)*100/TA
Surface Area/Drainage Area % 5.95 % 5A/DA (from Chart 3,85%T95 removal)
Based on 75%Impervious
Permanent Pool Surface Area Keq'd 12379.38 sq ft 5A/DA*TA*4356O/100
Approximate runoff volume for 1"5torm 19664.62 cu ft V=[(BA*1)+(PA*,95)+(GA*.2)]43560/12
Permanent Pool Surface Area Provided 12743.00 sq ft P5A (from CAD)
Surface Area 2'Above P.P.Surface 16539.00 CO[ft 5A2 (from CAD)
Approx. Design Storage Depth Kegd 1.34 ft DSD=[2/(P5A+5A2)]V
Permanent Pool Elevation 22.30 ft PPE=(from Site Plan)
Design Storage Elevation 23.70 ft D5E=(from Site Plan)
Top of Bank Elevation 24.30 ft (from Site Plan)
Bottom Elevation 17.50 ft (from Site Plan)
Design Storage Depth Provided 1.40 ft D5DP=D5-PP
Design Pool Surface Area 15552.62 sq ft DP5A (from CAD)
Design Storage Provided 19806.93 cu ft D5=D5DP*(P5A+DP5A)/2
Drawdown Outlet Size
Area (2 day drawdown) 4.153055 sq in A2=(O/Cd)/(2gh)^.5
where Q=V/time,Cd =0.60, h=051)/2
time=172800 seconds (2 days)
Diameter of Orifice (2 day drawdown) 2.299529 in D2=2*(A2/PI)^.5
Area (5 day drawdown) 1.661222 sq in A5=(Q/Cd)/(2gh)^.5
where Q=V/time,Cd = .60, h=D5D/2
time=432000 seconds(5 days)
Diameter of Orifice(5 day drawdown) 1.45435 in D5=2*(A5/PI)^.5
Final Orifice Diameter 1.00 in Holec= 3
Orifice Flow 0.064563 cfs Q=CdA*(2gh)^.5
3.873793 cfm
232.4276 cfh
5578,262 cf day
Outlet Time 3.525223 days
1 4/29/99

s
State Stormwater Inspection Report
General -7
Project Name: Permit No: SW� D I Expiration Date:
Contact Person: �t �a�`l t'1nS Phone Number: Inspection Type: FO`
Inspection Date: Zb�'� Time In: `\ �Q Time Out: OS
Current Weather:C o Z Recent Rain(Date)? Rain FJ in
Location
Facility Address/Location:
City: Zip: County Ve Lat: "N Long: - 0 ` "W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High D) Low(LD)
Stormwater Best Management Practices(BMPs) (insert number of each):
Wet Ponds _Infiltration Basins _Infiltration Trenches LD Swales _Stormwater Wetlands
_Dry Ponds _Bioretention _Permeable Pavement _Sand filters (circle one) Open Closed
_Cistern _Level Spreader/Filter Strip Other(spec):
File Review Yes No NIA NIE
1. Is the permit active? ✓
2. Signed Engineer's Certification on file? ✓
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
Site Visit: Built Upon Area BUA Yes No NIA NIE
5. BUA is constructed and consistent with the permit requirements?
6. BUA(aspermitted)is graded such that the runoff drains to the system?(high density only)
7. Draina e area is consistent withpermit? i.e.no un ermitted drainage to the SW BMPs) v
S. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs ✓
Site Visit: Stormwater BMPs Yes No NIA NIE
9. Stormwater BMPs are located per the approved plans?
10. Stormwater BMPs have dimensions(e .length,width,area)matching the approvedplans? ✓
11. Stormwater BMPs are constructed per the approvedplans? ✓
Site Visit: Operation and Maintenance Yes No NIA NIE
12. Access oints to the site are clear and well maintained? ✓
13. Trash has been removed as needed? ✓
14. Excessive landscape debris Crass clippings,leaves,etc)is controlled?
15. Stormwater BMPs benig operated and maintained as per the permit re uirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995— resent only)
Site Visit: Other Permit Conditions Yes No NIA NIE
17. Is the site compliant with other conditions of thepermit?
Site Visit: Other Water Quality Issues Yes No �NfA NIE
18 Is the site compliant with other water quality issues as noted during the inspection I ✓ I—�
State Stormwater Inspection Report,Version 3.0 Page 1 of 2

Comments State Stormwater Inspection Report
ro e \1 'por,A \SSues corn Oc ,cj� �a l nS�c� on
Inspection PiCtU►eS (some of the pictures taken during the site visit)
Compliance Status ❑ Compliant lam Non-Compliant
Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: ) k ( An g,4,o Date: \ �Z' 201 2
i
{
Stale Stormwater Inspection Report,Version 3.0 Page 2 of 2 i

WET DETENTION O & M Inspection Checklist
YES NO NIA NE
INLETS and FOREBAY
1. Inlets are located per the approved plans: �n�2� Coucd P¢r [k ❑ ❑ ❑
��anS
2. Inlet device (swale or pipe) is free of damage, clogs or erosion: ❑ [[yam ❑ ❑
3. Forebay berm is in place and without erosion: ❑ ❑ ❑ R
4. Forebay is free of excessive sediment: ❑ 19- ❑ ❑
SIDE SLOPES AND BANKS
5. Vegetated slopes are 3:1 or less: ❑ ❑
6. Banks are stable and free of erosion or bare soil: ❑ ❑
7. Slopes or berms are free of woody vegetation: R ❑ ❑ ❑
8. Free of muskrats or beaver activity: ❑ K ❑ ❑
9. Grass is being maintained and mowed (not scalped) as required: �J' ❑ ❑ ❑
PERIMETER AND MAIN BAY
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: Rr ❑ ❑
11. Algal growth covers less 50% of the area: [E❑ ❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: ❑ M— ❑ ❑
13. Main treatment area is free from excess sediment accumulation: ❑ ❑ ❑ El—
OUTLETS
14. Swale or emergency outlet bypass is in the correct place and is in good condition: ❑ [- ❑ ❑
15. Drawdown device is correctly sized free of damage or clogging: V'4D UAkk s-cV-C�v(C ❑ ED- ❑ ❑
16. Orifice size matches the approved plans N� ern?l1T}gFfI ❑ ❑ ❑
17. Outlet is free of erosion or other signs of damage: J ❑ [� ❑ ❑
18. Trash rack is installed ❑ E� ❑ ❑
19. Vegetated filter is in place (if applicable) ❑ ❑ [3— ❑
20. Relative elevations match approved plans ❑ ❑ ❑ R-
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ 2 ❑
V3.3_09

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C ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 17, 2009
CERTIFIED MAIL 47009 0080 0000 5653 8668 CERTIFIED MAIL 117009 0080 0000 5654 8675
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Magnolia Investors LI.0 Magnolia Investors. LLC
PO Box 12821 Aun: Brian Taylor, Registered Aeont
Ncw Bern N(: 28561 PO Draper I' -
Ne%+ Bern N(' 28563
Subject: NOTICE. OF VIOLA"IION and RECOMMENDATION FOR ENFORCEMENT
NOV-2009-PC-0787
Permit Condition Violations
Sulrmtvater Manacentent Permit No. SW7990�07
Magnolia Place Business Park
Craven Count
Dear Mr. Hawkins:
1 his letter is to notil"y you that you are in violation of Title 15A North Carolina Administrative Code
CNCAC) 211 .1003 for failing to comply Leith terms. conditions and litnuations of a Stormwater
Management Permit \o. S\\. 99050'.
On September I O. 2009� Arn}'Adams of the Washington Regional Office performed an inspection to
determine the status ofcompliance with Stonn vatcr Permit SIX 7990507. Permit Number SV-1990507
was issued to y ou in ,tune 21. 1999 for the Magnolia Place Business Park, located at Market Street, Nety
Bern, Craven County. Notch Carolina.
As a result of the site inspection and I)\\Q file rccie%t. the following observations and violations are
noted:
1. Permit Conditions NI c& 5
[)\V'Q observed the inlet was not constructed as per the approved plans. Instead. a ditch is canine
stonmcater into file ibrebay area. In addition- the entrance v+alerditch is eroding and carrvmL sediment
into the forebm area, the forebay benn could not be located. The outlet struclure and colergenc}'
spilloas Naere also not constructed as per the approved plan,_ the grassed lined outlet sysalc is also not
1llnctioning due to missing components of the S5 Stem. hhe taet pond is not ccnuistenl with the approved
plans and spci:fications. this is a violation of Pennit Number S\k7Q0u50 Cotdition i;la which states
"the tonutratcr manaLement sXstem shall he constructed it) its entilch, vegetated and operational for its
intended use prior to the cOnstructiun of an} built-ttpun Surfaces etccpt roads" and Condition '� which
state; -'this penult shall becran ca e idable times the taQilities are constructed in aceordance with the
condition, of ibis permit, the approved plans and specificittions, and other supporting data"
North Ca. 6na Di is,o t7aler Quaitq l§err www newatero—,U@ yug
943 dvash ngtGr S are Mal, Phone [phone] Oile
vdashinglon. NC 2-88q FAX [phone] s North Carolina

11. Permit Condition #2 &3 -- Failure to Provide Operation and Maintenance
Condition 2 and I of Stortmmater Permit SW7;99050" requires that the permince shall pttnidc the
Operation and maintenance nccessan to operate the stonn eater controls at optimum efficicmr}.
"Spe'c'iiJiC operation lint MOM let WC fi illlre'S are llowd in the Conm"W.S se lion of Poor bla/H'clion
report. Also, .some of Ow photocraphs taken turnl,g the .cilc irzyh>ctioll ca e in,110cil pkasC ?Vier to tag
nCr, Operanon (lilt Afaina tleIM r AgtTement jor mdulions to noted problems.
11I Permit Condition #6--Failure to Submit a Desi Lner's Certification
Both Permit Condition #6 and Title 15A NCAC 211 .1008 Ili requires that upon completion of
construction_ the designer for the type of stornmater scstem installed must calif- that the s}stcm s+as
inspected during construction. sues constructed in substantial confennit) with plans and specifications
approved bN [MO. and complies with the requirement. of this Section. As of the date of this letter.
D\Y(�l ban not rcceiacd this csalif5cation
Required Response
This Office requiros that Noll respond to this letter in writing to the address li,,ted at the
bottom of the letterhead within 30 calendar days of receipt of this Notice. Please pioN ide a
ssrinCn "Plan of ACII011" %%inch outlines the actions you vsill take to correct the noted
violation(s) and a time frame fix completion of those actions.
I hank sou for sour lilt nediale attention to this III after. I his ()f ice is considering an enforcement action
including the assessment of civil pcnaltien regarding these v iolations and am continuing s iolations that
utas be encountered. Your abmc-mentioned tesponsc to this correspondence swill he considered in this
procc".
Please be advised, these violations and any continuing or future violations arc subject to a civil
penalty assessment of up to S25,000.00 per dal for each violation pursuant to North Carolina
General Statute 143-215.6A.This off-ice requires that the violations. as detailed above, be abated and
properh resolved. Should sou hove any questions regardiog these matters, please contact either Aim
Adams or ms self at 9I6-6a81 ,
tiin.crch-
1'I t od e. Regional Super\i<oj
Surface A'ate( Protection Section
Washincton Regional Mice
I nclostrres. luspection Report
cc John Ilcnneac- NI'S-,ACOI"
1lehim S Creed. 'yCv Rcni
Inspcenn. AYhieh ( otmt.\ Ruildill.L ln.lwciion;
\\aKt) File;
D\\QCentral I ilc>

State Stormwater Inspection Report
General
Project Name: Magnolia Place Business Park Permit No: SW7990507 Expiration Date: 6/2/09(12/31/10)
Contact Person: Mike Hawkins Phone Number: Inspection Type: Routine
Inspection Date: 09/10/2009 Time In: 12:30pm Time Out: 1:15pm
Current Weather: overcast, slight drizzle,no breeze Recent Rain(Date)09/07/2009 Rain— 3.5 in
Location
Facility Address/Location: Intersection of NCSR 1155 and Market St.
City: New Bern Zip: 28563 County: Craven Lat: 35' 3'47.44"N Long: 77' 1'7.92"W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Cinnse_C:rECk— Outstandin-Resource-Water"
Density (circle one): High(HD) Low(LD)
Stormwater Best Management Practices(BMPs) (insert number of each):
_1 Wet Ponds _Infiltration Basins Infiltration Trenches LD Swales _Stormwater Wetlands
_Dry Ponds Bioretention Permeable Pavement _Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (specify):
File Review Yes No N/A N/E
1. Is the permit active?---PER SESSION LAW 2009-406 X
2. Signed Engineer's Certification on file? X
3. Signed Operation and Maintenance agreement on file? X
4. Recorded Deed Restrictions on file? X
Site Visit: Built Upon Area JBUAJ Yes No N/A N/E
5. BUA is constructed and consistent with the permit requirements? X
6. BUA aspermitted)is graded such that the runoff drains to the system? high density only) X
7. Drainage area is consistent withpermit? i.e.no un ermitted drainage to the SW BMPs X
8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs) X
Site Visit: Stormwater BMPs Yes No N/A N/E
9. Stormwater BMPs are located per the approvedplans? X
10. Stormwater BMPs have dimensions(e . length,width,area)matching the approved-plans? X
11. Stormwater BMPs are constructed per the approvedplans? I X
Site Visit: Operation and Maintenance Yes No N/A N/E
12. Access points to the site are clear and well maintained? X
13. Trash has been removed as needed? X
14. Excessive landscape debris(grass clippings, leaves, etc)is controlled? X
15. Stormwater BMPs being operated and maintained as per the permit re uiremems? X
16. Inspection and Maintenance records are available for inspection? (high density only, 1995—present only) dX
Site Visit: Other Permit Conditions Yes No N/A N/E
17. Is the site compliant with other conditions of thepermit? X
Site Visit: Other Water Quality Issues Yes No N/A NIE
18. Is the site compliant with other water quality issues as noted during the inspection? X
State Stormwater Inspection Report,Version 3.0 Page I of 2

State Stormwater Inspection Report
Comments
1. Per Session Law 2009-406 your permit has been extended until December 31, 2010. You will not be required to renew this
permit until that time.
2. The inlet is not constructed as per the approved plans. In addition,what has been constructed is eroding and sloughing into the
forebay area.
3. The forebay appears to have filled with sediment and is no longer at the appropriate depth. This excess sediment needs to be
measured and removed as per the signed operation and maintenance agreement.
4. The main area of the forebay is covered by invasive plants. While indigenous wetland plants are encouraged around the basin
perimeter,they should be removed once they cover 75%of the basin surface as per the signed operation and maintenance
agreement.
5. The side slopes of the pond have evidence of animal activity that are compromising the banks by excavation. These animals
should be removed from the system and the banks repaired
6. The side slopes of the pond have sloughed and eroded in some locations. This should be corrected and the area reseeded.
7. The outlet structure as approved has not been constructed. This is a violation of your permit. This must be immediately
corrected.
8. The overflow weir has not been constructed. This is a violation of your permit. This must be immediately corrected.
9. Due to the missing outlet structure,the grass lined Swale has become an exit ditch carrying water directly from the pond and
bypassing the treatment the pond and vegetated swale is intended to provide. This is a violation of both your permit and NC
General Statues. This must be immediately corrected.
Ins ection Pictures (some of the pictures taken during the site visit)
o.I ^""" µ,q, •dw9a'C "t- � a� t
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Compliance Status ❑ Compliant X Non-Compliant
Letter Sent (circle one : Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number: NOV-2009-PC-0787
Inspector Name and Signature. l F YYICG Date: q11'710�
State StomiNvater Inspection Report,Version 3.0 Page 2 of 2

WET DETENTION O & M Inspection Checklist
YES NO N/A NE
INLETS and FOREBAY
1. Inlets are located per the approved plans: ® ❑ ❑ ❑
2. Inlet device (swale or pipe) is free of damage, clogs or erosion: ❑ ® ❑ ❑
3. Forebay berm is in place and without erosion: ❑ ❑ ❑
4. Forebay is free of excessive sediment: ❑ ® ❑ ❑
SIDE SLOPES AND BANKS
5. Vegetated slopes are 3:1 or less: ® ❑ ❑ ❑
6. Banks are stable and free of erosion or bare soil: ❑ ® ❑ ❑
7. Slopes or berms are free of woody vegetation: ® ❑ ❑ ❑
8. Free of muskrats or beaver activity: ❑ ® ❑ ❑
9. Grass is being maintained and mowed (not scalped) as required: ® ❑ ❑ ❑
PERIMETER AND MAIN BAY
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ® ❑ ❑ ❑
11. Algal growth covers less 50% of the area: ® ❑ ❑ ❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: ❑ ® ❑ ❑
13. Main treatment area is free from excess sediment accumulation: ❑ ❑ ❑
OUTLETS
14. Swale or emergency outlet bypass is in the correct place and is in good condition: ❑ ® ❑ ❑
15. Drawdown device is correctly sized free of damage or clogging: ❑ ® ❑ ❑
16. Orifice size matches the approved plans ❑ ® ❑ ❑
17. Outlet is free of erosion or other signs of damage: ❑ ® ❑ ❑
18. Trash rack is installed ❑ ® ❑ ❑
19. Vegetated filter is in place (if applicable) ❑ ® ❑ ❑
20. Relative elevations match approved plans ® ❑ ❑ ❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ ® ❑
*NE—Not Evaluated
V3.3_09

SENDER: COMPLETE THIS SECTION
■ Complete Items 1,2,and 3.Also complete A. SigQature
• '` €,ffi item 4 If Restricted Delivery is desired. X I
rl_z ■ Print your name and address on the reverse 6All - I
• WD so that we can return the card to you. El ecelved by(Printed me) C. Da
■ Attach this card to the back of the mailp' ce,
O or on the front if space permits. - per' Oq1tftd1,
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D. Isdelive addressdifferentfro' Rem.1? I
'J 1. Article Addressed to:
a rn If YES,enter delivery a00
ddress below: I
�Y j < MAGNOLIA INVESTORS LLC
z Z rr Z ATTN: BRIAN TAYLOR
Q z PO DRAWER U a. Type
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5 L 9 9 h 5 9 5 0000 0900 6 0 0 L PS Form 3811,February 2004 Domestic Return Receipt 10
FT71SENDER: COMPLETE THIS SECTION
' ■ Complete Items 1,2,and 3.Also complete A Signature
'Item 4 if Restricted Delivery is desired.
X
■ Print your name and address on the reverse
so that we can return the card to you. B. Received by Print ad N me) C. C
■ Attach this card to the back of the mailplec ,
or on the front if space permits. ' '`
l 19
D. Is delivery address different from item 1?
\� of i. Article Addressed to: If YES,enter delivery address below:
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z u MAGNOLIA INVESTORS LLC
000 z PO BOX 12821
0 r' W NEW BERN NC 28561
w w 3. S��er��v'CCee Type
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2. Artie° 7009 0080 0000 5654 8668
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9999 fi595 0000 0900 600L

v� McICM&CREED ENGINEERS
S U R V E Y O R S
PLANNERS
October 15, 2009 M&C 46320005 (40)
Mr. Al Hodge, Regional Supervisor
NCDENR— DWQ
943 Washington Square Mall
Washington, NC 27889 OC I i we
RE: Magnolia Place Business Park
Notice of Violation
Stormwater Management Permit No. SW7990507
Dear Mr. Hodge:
This letter is in response to the Notice of Violation sent to Magnolia Investors,
LLC dated September 17, 2009. Please consider this letter a "Plan of Action" in
response to the State Stormwater inspection report. The following actions shall
be taken.
1. Per Session Law 2009-046 your permit has been extended until
December 31, 2010. You will not be required to renew this permit until
that time.
The owner will renew the permit in December of 2010.
2. The inlet is not constructed as per the approved plans. In addition, what
has been constructed is eroding and sloughing into the forebay area.
The owner proposes to line the channel with riprap with a filter cloth liner,
repair the sloughing banks, and seed the repaired areas to stabilize the
banks.
3. The forebay appears to have filled with sediment and is no longer at the
appropriate depth. This excess sediment needs to be measured and
removed as per the signed operation and maintenance agreement.
The owner proposes to excavate the forebay to the original design depths.
2807 Neese Blvd. Bldg. 5 4. The main area of the forebay is covered by invasive plants. While
New Bern, NC 28562 indigenous wetland plants are encouraged around the basin perimeter,
they should be removed once they cover 75% of the bsin surface as per
the signed operation and maintenance agreement.
252.633.5899 The owner proposes to remove excessive plant material from the forebay.
Fax [phone] This will occur during the sediment removal described in Item #3.
S:\4632-Hawkins\Magnolia Place Business PaMlr-AI Hodge-reply to NOV.doc
w ww.m c k i m cr e e d.c om

Mr. Al Hodge
October 15, 2009
Page 2
5. The side slopes of the pond have evidence of animal activity that are
compromising the banks by excavation. These animals should be
removed from the system and the banks repaired.
The owner proposes to set traps to remove the burrowing animals. The
damaged areas on the banks shall be regraded and seeded for stabilization.
6. The side slopes of the pond have sloughed and eroded in some locations.
This should be corrected and the area reseeded.
The owner proposes to regrade the damaged areas of the slopes and seed
the repaired areas.
7. The outlet structure as approved has not been constructed. This is a
violation of your permit. This must be immediately corrected.
The owner proposes to build the outlet structure as approved.
8. The overflow weir has not been constructed. This is a violation of your
permit. This must be immediately corrected.
The owner proposes to construct the overflow weir as approved.
9. Due to the missing outlet structure, the grass lined swale has become an
exit ditch carrying water directly form the pond and bypassing the
treatment the pond and vegetated swale is intended to provide. This is a
violation of both your permit and NC General Statutes. This must be
immediately corrected.
The owner proposes to build the outlet structure as approved.
10. No designer's certification has been received for this project as required
by your permit.
A designer's certification will be provided once the pond is brought into
compliance with the approved plans.
S\4632 HaWonsWagncha Pace Business ParkVtr-N Hodge reply to NOV.doc
MCKIM&CREED

Mr. Al Hodge
October 15, 2009
Page 3
Thank you for your consideration of our"Plan of Action". A contractor has been
contacted and repair and construction on the above mentioned items shall begin
within 15 days. The Division of Water Quality will be notified on completion of
these items.
If you require any further information, please do not hesitate to contact me.
Sincerely,
McKIM & CREED P
l
ric J. Frank, E
cc: Ms. Amy Adams
Mike Hawkins
File
Si4632-Hawkins\Magnolia Place Business ParkVIPAI Hodge-reply to NOV.doc
vl MCKIM&CREED

uttv./i www.svuiowry.smic.iiL:.us/(;urporauons/t-orp.aspxtriiemia=4�6//u,
North Carolina
Elaine F Marshall
TA RY o i TAT Secretary E C.- F RE
PO Box RaleN_ih NC :91(1.017-2.'juO
CORPORATIONS Date: 9/15/2009
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State Stormwater Inspection Report
General
Project Name: Permit No: SW ' i �:�1.. Expiration Date: 'a\''f Ill IJ�
Contact Person: T Phone Number: Inspection Type: V /
Inspection Date: J Time In: Time Out:
Current Weather: I�p c>alit � G7 i� Recent Rain (Date)? Rain— in
Location
Facility Address/Location:
City: Zip:a � ( Count . Lat: "N Long:- "W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
P t
Density (circle one): High (HD) Low (LD) n k 4 I C ��'��)
Stormwater Best Management Practices (BMPs) (insert number of each):
Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (specify):
File Review Yes No NIA NIE
1. Is the permit
2. Signed Engineer's Certifrca ton on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
Site Visit: Built Upon Area BUA Yes No N/A NIE
5. BUA is constructed and consistent with the permit requirements?
6. BUA(aspermitted) is graded such that the runoff drains to the system?(high density only)
7. Drainage area is consistent withpermit?(i.e. no un ermitted drainage to the SW BMPs)
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs)
Site Visit: Stormwater BMPs Yes No NIA N/E
9. Stormwater BMPs are located per the approvedplans?
10. Stonuwater BMPs have dimensions(e . length,width, area)matching the approvedplans?
11. Stormwater BMPs are constructed per the approvedplans?
Site Visit: Operation and Maintenance Yes No N/A N/E
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris(grass clippings, leaves, etc) is controlled? X
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995—present only)
Site Visit: Other Permit Conditions Yes No N/A NIE
17. Is the site compliant with other conditions of the permit? k'
Site Visit: Other Water Quality Issues Yes No NIA NIE
18. Is the site compliant with other water quality issues as noted during the inspection?
State Stormwater Inspection Report,Version 3 0 Page 1 of 2

State Stormwater Inspection Report
Comments
InS ection Pictures (some of the pictures taken during the site visit)
Compliance Status ❑ Compliant ❑ Non-Compliant
Letter Sent (circle one). Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: Date.
Slate Stormwatcr Inspection Report,Version 3 n Page oft

W96
�2 a.'I:$%,t:�zi,;Wit✓
Niorth Caro rld Depa€ Em8nt of !Environrient end f::` Ira.! Fz".G"uro�Q
Division of Water Quality
Severly Eaves Perdue Coleen t-I, Sullins Dee heeman
Governorr Director Secretary
May 4, 2009
Magnolia Investors LLC
Attn: Brian Taylor
PO Drawer U
New Bern-NC 28563
Subject: c1,d
Stormwater Permit Renewal
Stormwater Permit No. SW 7990507
Magnolia Place Business Park
Craven County
Dear Mr. Taylor:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW
7990507 to Magnolia Investors LLC for Magnolia Place Business Park in Craven County. This
permit expires on June 2"d , 2009. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater
rules) requires that applications for permit renewals shall be submitted 180 days prior to the
expiration of a permit and must be accompanied by a processing fee, which is currently set at
$505.00. If this is still an active project please complete and submit the enclosed renewal
application in a timely manner. If this project has not been constructed and a permit is no
longer needed, please submit a request to have the permit rescinded. If you have sold the
project, or are no longer the permittee, please provide the name, mailing address and phone
number of the person or entity that is now responsible for this permit. Enclosed is a form for
change of ownership, which should be completed and submitted if the property has change(.;
hands.
Your permit requires that upon completion of construction and prior to operation of the
permitted treatment units a certification of completion be submitted to the Division from an
appropriate designer for the system installed. This is to certify that the permitted facility has
been installed in accordance with the permit, the approved plans, specifications and supporting
documentation. Please include a copy of the certification with your permit renewal request and
processing fee. Enclosed is a copy of a sample certification.
North Carolina Division of Wntef Quality Inlemet _ _ One
943 Washington Square Mall Phone[phone] North Carolina
Washington,NC 27889 Fax [phone] lVatuira!lm

You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-
215.1 and may result in appropriate enforcement action including the assessment of civil
penalties of up to $10,000 per day.
Please be advised that a civil penalty of not more than twenty-five thousand doilars ($25,000)
per vloiation may be assessed against a person who is required but fails to act in accordance
with the tenns, conditions or requirements of such peren'st or any other perrnit or certification
issued pursuant to the authority conferred by the generai statues.
If you have any questions, please feel free to contact me or a member of the coastal stormwater
staff with DWD at 252-946-6431.
Sincerely,
/] a,yi.t UGCQAII%J
Al Hodge, Regional Supervisor
VV Surface Water Protection Section
Washington Regional Office
Enclosures: Permit Renewal Form
Change of lkarnelOvLtnership Fenn
Engineer's Certification
r 410w :
` c :� �._!.� :�ay. l�7di:' rM1 i. 2OhC.�O

O� \NAri Michael Y.Easley,tiovemor
*! 0 William G.Ross Jr.,Secretary
y North Carolina Department of Environment and Natural Resources
� r
Coleen H.Sullins,Director
�. .� .,. Division of Water Quality
Chuck Wakild,P.E.,Deputy Director
Division of Water Quality
June 12, 2008
Mr. Brian Taylor
Magnolia Investors, LLC
PO Drawer U
New Bern, NC 28563
Subject:: Stormwater Permit No. SW7990507
Magnolia Place Business Park
Craven County
Dear Mr. Taylor:
he-Division--ofi Water-Quality-issued-a-Caastal-Stermwater-Management Permit Number-SW799050-7_
for Magnolia Place Business Park on 6/21/1999. This permit expires on 6/21/2009. Section .1003(h) of
15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be
submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee,
which is currently set at $505.00. If this is still an active project please complete and submit the
enclosed renewal application in a timely manner. If this project has not been constructed and a permit
is no longer needed, please submit a request to have the permit rescinded. If you have sold the project,
or are no longer the permittee, please provide the name, mailing address and phone number of the
person or entity that is now responsible for this permit. Enclosed is a form for change of ownership,
which should be completed and submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed. This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans, specifications and supporting documentation. Please include a copy of
the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification.
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$10,000 per day.
If you have any questions, please feel free to contact me or a member of the coastal stormwater staff with
DWQ at 252-946-6481.
incer y,
AI Hodgeonal Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosures
cc: WKim & Creed - New Bern
,,-Washington Regional Office
North Carolina Division of Water Quality Internet: w ncvvaterquahty ore 7�7One L, 1
943 Washington Square Mall Phone[phone] 1 orthCarofina
Washington,NC 27889 Fax [phone] a atimN`(lly
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper �/ V