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E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT

In the Iowa District Court in and for SAC County Case No: 02811 CVCV019387 Title: STATE OF IA EX REL IA DNR VS. ALCHEMIST USA LLC

NOTICE REGARDING ELECTRONIC FILING


This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System.

What is required of you? You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register.

You are required to have a current e-mail account for use with EDMS. Registration requires you to understand and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documents and documents filed electronically by other parties. When you have completed your registration, you can begin filing and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption from registering and filing electronically.

You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System specifies personal information that is now considered protected by the court, as well as what you must do to keep protected personal information out of the public documents you eFile.

Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have questions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT

We look forward to your comments and suggestions as we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District In re the conversion of paper files to electric documents Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending files that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. 2. 3. 4. 5. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically.

It is so Ordered: Dated 3rd day of November, 2010 /s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

Recipient List Case ID : 02811 CVCV019387 - STATE OF IA EX REL IA DNR VS. ALCHEMIST USA E-FILED 2013 SEP 16 LLC 3:20 PM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT MARK CLANCY FELDMANN filed

E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT

In the Iowa District Court in and for SAC County Case No: 02811 CVCV019387 Title: STATE OF IA EX REL IA DNR VS. ALCHEMIST USA LLC

NOTICE REGARDING ELECTRONIC FILING


This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System.

What is required of you? You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register.

You are required to have a current e-mail account for use with EDMS. Registration requires you to understand and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documents and documents filed electronically by other parties. When you have completed your registration, you can begin filing and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption from registering and filing electronically.

You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System specifies personal information that is now considered protected by the court, as well as what you must do to keep protected personal information out of the public documents you eFile.

Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have questions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT

We look forward to your comments and suggestions as we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District In re the conversion of paper files to electric documents Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending files that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. 2. 3. 4. 5. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically.

It is so Ordered: Dated 3rd day of November, 2010 /s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

Recipient List Case ID : 02811 CVCV019387 - STATE OF IA EX REL IA DNR VS. ALCHEMIST USA E-FILED 2013 SEP 16 LLC 3:20 PM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT MARK CLANCY FELDMANN filed

E-FILED 2013 OCT 10 11:01 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, ex rel., IOWA DEPARTMENT OF NATURAL RESOURCES, Plaintiff, vs. ALCHEMIST USA LLC, d/b/a FUEL MART EXPRESS and ADVANCE REALTY INVESTMENTS, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. CVCV019387 Order

Trial in the captioned matter has been set for October 30, 2013. Counsel for the Plaintiff has filed a Motion to Continue. All parties consent to a continuance. The Court finds just cause for the continuance. ORDER ACCORDINGLY, IT IS THE ORDER OF THIS COURT that the trial scheduled for October 30, 2013 is hereby continued. The Court Administrator shall reassign this matter for trial after consultation with counsel.

Clerk to forward copies to: David S. Steward Mark C. Feldmann Kusum Bhardwaj Court Administration (nat)

E-FILED 2013 OCT 10 11:01 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number CVCV019387 OTHER ORDER Case Title STATE OF IA EX REL IA DNR VS. ALCHEMIST USA LLC So Ordered

Electronically signed on 2013-10-10 11:01:14

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E-FILED 2013 OCT 14 11:43 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IOWA DEPARTMENT OF NATURAL RESOURCES STATE OF IOWA EX REL ,

Notice of Trial Setting Conference Case No: 02811 CVCV019387

Plaintiff / Petitioner, vs. ADVANCE REALTY INVESTMENTS LLC ALCHEMIST USA LLC FUEL MART EXPRESS ,

Defendant / Respondent.

A scheduling conference will be held on 10/28/13 at 09:30 AM with Kellie Orres, as District Court Designee, pursuant to I.R.C.P 1.602. This conference shall be conducted by telephone conference call initiated by plaintiff's counsel. Kellie Orres may be contacted via telephone at: (515) 574-3752. 1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A party who is not represented by counsel shall contact the Court Administrator's office (at the above phone number) prior to the date and time of the conference call. 2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN. 3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is substantially unprepared to participate in the conference, the Court may impose appropriate sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

E-FILED 2013 OCT 14 11:43 AM SAC - CLERK OF DISTRICT COURT

/s/ Kellie Orres --------------------------------------Designee of the Court Clerk to provide copies or notice of document to attorneys of record and parties appearing pro se.

Recipient List Case ID : 02811 CVCV019387 - STATE OF IA EX REL IA DNR VS. ALCHEMIST USA LLC AM SAC - CLERK OF DISTRICT COURT E-FILED 2013 OCT 14 11:43 Event Cd : OFTN ADVANCE REALTY INVESTMENTS LLC ADVANCE REALTY INVESTMENTS LLC MARK CLANCY FELDMANN DAVID S STEWARD filed filed filed filed

E-FILED 2013 OCT 15 10:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 15 10:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 15 10:16 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, ex rel., IOWA DEPARTMENT OF NATURAL RESOURCES,

Plaintiff, vs. ALCHEMIST USA LLC d/b/a FUEL MART EXPRESS and ADVANCE REALTY INVESTMENTS, LLC, Defendants.

) ) ) ) ) ) ) ) ) ) ) ) )

NO. CVCV019387

CONSENT ORDER, JUDGMENT AND DECREE AGAINST ALCHEMIST USA LLC

The Court is presented with Plaintiff's Amended and Substituted Petition seeking civil penalties, administrative penalties and injunctive relief pursuant to Iowa Code sections 455B.477(1) and (3). The Court has reviewed the file and being advised by the parties FINDS: 1. The Court has jurisdiction over the parties and the subject matter of this action and

the parties consent to entry of this Consent Order, Judgment and Decree. 2. Defendant Alchemist USA LLC (Alchemist) admits the violations alleged in

Plaintiff=s Petition. THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 3. Alchemist shall pay thirteen thousand and no/100 dollars ($13,000.00) of the

administrative penalties assessed by Administrative Order No. 2010-UT-04 and Administrative Order No. 2011-UT-01. Alchemist shall pay the penalties within ten (10) days of entry of this Consent Order, Judgment and Decree. Alchemist shall pay interest pursuant to Iowa Code section 535.3(1) on any unpaid balance.

E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT

4.

Payment of the penalties and interest referred to in paragraph three above shall be

made payable to the State of Iowa and sent to Plaintiffs attorney, David S. Steward, at the address noted below. 5. Alchemist is permanently enjoined from further violations of 567 Iowa Admin. Code

135.15(1)Ab@, Administrative Order No. 2010-UT-04, and Administrative Consent Order No. 2011UT-01. 6. Willful failure to comply with the terms of this Order may subject Alchemist to

punishment for contempt of court as well as other penalties and sanctions provided by law. The Court, therefore, retains jurisdiction over this matter to ensure compliance with the terms of this Order. 7. The costs of this action are taxed to Alchemist in the amount of $180.00.

DATED this

day of

, 2013.

____________________________________ JUDGE, Second Judicial District of Iowa

E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT

Approved as to form: IOWA DEPARTMENT OF NATURAL RESOURCES ALCHEMIST USA LLC

_______________________________ CHUCK GIPP, DIRECTOR

______________________________________ RAVINDER SINGH, MEMBER

THOMAS J. MILLER Attorney General of Iowa DAVID R. SHERIDAN Assistant Attorney General ______________________________ MARK C. FELDMANN Beving, Swanson & Forrest, P.C. 321 E. Walnut, Suite 200 Des Moines, IA 50309 Phone: 515-237-1182 FAX: 515-288-9409 Email: mfeldmann@bevinglaw.com ALCHEMIST USA LLC

______________________________ DAVID S. STEWARD, AT0007551 Assistant Attorney General Lucas State Office Building 321 E. 12th Street Ground Floor, Room 18 Des Moines, IA 50319 Phone: (515) 281-5351 Fax: (515) 242-6072 Email: dstewar@ag.state.ia.us ATTORNEYS FOR PLAINTIFF

E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number CVCV019387 STIPULATED DECREE Case Title STATE OF IA EX REL IA DNR VS. ALCHEMIST USA LLC So Ordered

Electronically signed on 2013-10-16 08:59:53

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