Region has received information that the facility was not complying with State NPDES stormwater requirements. EPA asked to inspect the non-public part of the site but was refused entry. Region applied for search warrant in order to conduct inspection. On April 28, 2004, Magistrate Judge Mary Pat Thynge issued a search warrant authorizing EPA to inspect construction activities on the non-public sections of the Christiana Town Center. Christiana Town Center is located in New Castle County, Delaware. Pursuant to the warrant two inspectors from the Region inspected the site on May 4, 2004. The purpose of the inspection was to see if the developer was complying with the Clean Water Act's storm water requirements. Before applying for the warrant EPA had requested access to the entire site but the attorney for the developer denied access to the non-public sections. The U.S. Attorney's Office sought the warrant with an ex parte application