470013_ENFORCEMENT_20171231

RECEIVED
DEQIDWR
JUL 14 2016
Water Resources WQROS
PrMAONM$NTAL GUALITY FAYETTEVILLE REGIONAL OFFICE
July 8, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Earl Hendrix
Hendrix Livestock Inc.
500 Chishlom Rd
Raeford, NC28376-9753
Dear Permittee,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: Notice of Deficlency
Hendrix Livestock Inc.
Permit Number AWS470013
Hoke County
Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The followine invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2015 PRO 10576
12/6/2015
180
Failure,to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contr.-
State of North Carolina I Environmental Quality I Water Resources/Water Quality Regional operations
1636 Muil service CC4ler � Raleigh, Noith Cwoliva 27699-1636
919 807 6464

If you have any questions conceniirig'this�Notice please confact Animal Feeding Operations
Program staff at [phone].
Sincerely, -
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Layetteviue x onai umce, water Q!uanty xel
WQROS Central File (Permit No AWS470013)

State of North Carolina .
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
September 23, 1997
L61:4 _Z4 114 1 N Q u
IF IN -I
Mr. Earl Hendrix
500 Chisolm Rd.
Raeford, NC 28376
Dear Mr. Hendrix:
SUBJECT: NOTICE OF DEFICIENCY
Hendrix Farms
Facility No. 47-13
Hoke County
. -i
On September 19, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality conducted an inspection of the Hendrix Farm. The inspection revealed that start -stop pump
markers had not been installed and that records of irrigation events need to be recorded on the IRR
1 and IRR 2 forms. Also a liquid waste analysis needs to be to show nitrogen concentrations.
In regard to the deficiency noted during the inspection, the following actions are requested:
1. Liquid waste samples are to be taken within 60 days of a waste water irrigation event. Make
sure that'future waste samples are taken within this time frame and kept with your waste
management plan.
2. Keep. irrigation records on IRR 1 and IRR 2 forms along with a nitrogen balance total.
3. Install start -stop pump marker in lagoon with the required one foot freeboard and the
additional seven inches for the 25 -year 24-hour storm storage clearly marked.
Please provide a written response to this office on or before October IQ. 1997 as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken
as absolving this facility of the responsibility and liability of any violations that have resulted or may
result from these deficiencies.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/l0% post -consumer paper

Mr. Hendrix
Page 2
September 23, 1997
If you have any questions concerning this matter, please call John Hasty at the Fayetteville
Regional Office at [phone].
Sincerely,
or
L V
John C. Hasty, Jr.
Environmental Specialist
cc: Operations Branch
Central Files
Audry Oxendine
John Ray, Hoke Co. MRCS

i;
al
Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Earl Hendrix
Hendrix Livestock Inc.
500 Chishlom Rd
Raeford, NC28376-9753
Dear Permittee,
REG Ewtu
DEQID'JVR
FEB 2 0 "r'., �3
WS
FAYEiTEVIUF PRONA[ OFFICE
February 14, 2018
Subject: Notice of Deficiency
Hendrix Livestock Inc.
Permit Number AWS470013
Hoke County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstandine:
Invoice Number
Due Date
Outstanding Fee $
2017PR010199 J
12/8/2017
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-cona-
-•-Nothing Compares'' _,. a. .
State of North Carolina I Environmental Quality I division of Water Resources
Water Quality Regional operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

If you have any questions' concerning this Notice, please contact Animal Feeding Operations
Program staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation,
Ground Water Protection Branch,:
cc: + ayetteville Regional Office, Wal
WQROSr Central File (Permit No

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 3, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Earl B. Hendrix
500 Chisholm Rd.
Raeford, NC 28376
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Hendrix Livestock Inc.
NPDES Permit No. NCA247013
Hoke County
Dear Mr. Hendrix:
Alan W, Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition 111. 12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March I of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterquality.ore Location: 2728 Capital Boulevard
An Equal opportunitylAfrmative Action Employer— 50% Recycled110% Post Consumer Paper
N06r Carolina
tura!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

April 3, 2007
Page 2
Mr. Hendrix
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000 per day per violation. Information submitted will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either Joan
Schneier at the Fayetteville Regional Office at [phone] or Miressa D. Garoma at (919)
715-6937.
Sincerely,
rt B rnhardt
Aq ' er Protection Supervisor
Fayetteville Regional Office
cc: iIit�ile=Hoke-47=0T=33
APS Central Files
Garland Farm Supply
Division of Soil and Water, Fayetteville Regional Office
Hoke Soil and Water Conservation District

(Irriv�-H
.0900�. _17
Michael F. Fasley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 1, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Earl B Hendrix `t
•f
Hendrix Livestock Inc. _
500 Chishlom Rd
Raeford, NC 28376
Subject: Application for Renewal of Coverage for Expiring NPDES General Permit
Dear Permittee:
Alan W. Klimek, P.E. Director
Division of Water Quality
Your facility is currently approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on
July 1, 2007. Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to
retain coverage under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State
Non -Discharge General Permits are available at http://h2o.enr.state.ne.us/aps/afou/downloads.htm or by writing or calling:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: [phone]
In order to assure Your continued-coverage_under one of these two types of general permits, you must submit an application for permit
coverage to the Division. Enclosed you will find a `Request for Certificate of Coverage Facility Currently Covered by an Expiring
NPDES General Permit.' The aoolication form must be completed and returned by January 2, 2007. Please note, you must include
two 2 copies of your most recent Waste Utilization Plan with the Application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation ofNCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact the
Animal Feeding Operations Unit staff at 919-733-3221.
Sincerely,
Ted L. Bush, Jr., Chief
Aquifer Protection Section
Enclosures
cc (w/o enclosures): Hoke County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files - 470013
Garland Farm Supply
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterqualitv.org Location: 2728 Capital Boulevard
An Equal OpporlunitylAHirmative Action Employer— 50% Recycledll0% Post Consumer Paper
Raleigh, NC 27699-1636 Telephone:
Raleigh, NC 27604 Fax 1:
Fax 2:
Customer Service:
�To a hCarolina
(9 19)
[phone]
[phone]
[phone]

Mr. Earl B. Hendrix
500 Chisholm Road
Raeford, NC 28376
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
F& -)A'4-7-13
August 24, 2006
RE: Acknowledgment of Receipt of Payment
Case No. DV -2006-0005
Farm #47-13
Hoke County
Dear Mr. Hendrix:
Alan W. Klimek, P.E. Director
Division of Water Quality
I J
t <.
DENR-FAYETT LLE REGIONALOFRGE
This letter is to acknowledge receipt of your check No. 11388 in the amount of $11,529.36
on August 24, 2006. This payment satisfies in full the civil assessment in the amount of
$11,529.36 levied against Earl B. Hendrix and the case has been closed. If you have any
questions, please call me at [phone].
Sincerely,
Dennis G. Lund
Animal Feeding Operations Unit
cc: APS -Fayetteville Regional Office
File # DV -2006-0005
APS Central Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: hltpj/h2o.enr.statc.nc.us 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/l0%Post Consumer Paper
r) ca,ma
rr7 rq)j�
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

�0F V A TERQ
Q 'C
August 1, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT #7002 2410 0003 0274 1131
Mr. Earl B. Hendrix
500 Chisholm Road
Raeford, NC 28376
SUBJECT: Request for Remission of Civil Penalty
Hoke County
File No. DV -2006-0005
Permit No. NCA247013
Dear Mr. Hendrix:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
,L#%j , '- 1603
DENR - %FT;RT E REGIONAL OFFICE
In accordance with North Carolina General Statute 143-215.6A(fl; I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $11,529.36.
There are two options available to you. You may choose to pay the penalty or you may let the
Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your*check payable the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of,
Mr. Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
Noa`hCaro ina
Aatura1ly
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet, h2o.enr.state•no.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Earl B. Hendrix
August 1, 2006
Page 2
It
I
If you or your would like to speak before the Committee, you must complete and
return the attached form within thirty (30) days of receipt of this letter. Send the completed form
to:
Mr. Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Dennis G. Lund at [phone].
Sincerely,
ate', 0
.
Alan W. Klimek, P.E.
AWK/dgl
Attachments
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
W�y''Oe�elsA._,FROahm nts
File # DV-2006-0005 w/ attachments
APS Central Files w/ attachments

:f
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF HOKE CASE NUMBER DV -2006-0005
IN THE MATTER OF ASSESSMENT ) REQUEST FOR ORAL PRESENTATION
OF CIVIL PENALTIES AGAINST: )
EARL B. HENDRIX )
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In
making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length.
This the day of ,20
SIGNATURE
TITLE (President, Owner, etc.)
l"Wa:[O

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT #7002 2410 0003 0274 1131
Mr, Earl B. Hendrix
500 Chisholm Road
Raeford, NC 28376
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
tf
haV-OIX v 13
August 1, 2006
SUBJECT: Request for Remission of Civil Penalty
Hoke County
File No. DV -2006-0005
Permit No. NCA247013
Dear Mr. Hendrix:
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
DENR-FAYEI"iT:VILLE REGIONALOFRCE
In accordance with North Carolina General Statute 143-215.6A(f), I considered the information
you submitted in support of your request for remission and did not find grounds to modify the
civil penalty assessment of $11,529.36.
There are two options available to you. You may choose to pay the penalty or you may let the
Environmental Management Commission's Committee on Civil Penalty Remissions make the
final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your
receipt of this letter to the attention of:
Mr. Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
N°nc hCarolina
�lJ�llC�a•��J
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1517 Phone [phone] Customer Service
. Internet: h2o.enr,state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 • FAX [phone]
An Equal opportunity)A[firmative Action Employer— 50% Recycled/10% Post Consumer Paper

Earl B. Hendrix
August 1, 2006
Page 2
If you or your representative would like to speak before the Committee, you must complete and
return the attached form within thirty (30) dys of receipt of this letter. Send the completed form
to:
Mr. Dennis G. Lund
DWQ I
1636 Mail Service Center
Raleigh, North Carolina 27699-1-636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If a
presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact
Dennis G. Lund at [phone].
Sincerely,
0 0-c
Alan W. Klimek, P.E.
AWK/dgl
Attachments
cc:it?ltala�ette,i�il'e,Ki
Ricky Revels, FRO w/ attachments
File # DV-2006-0005 w/ attachments
APS Central Files w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF HOKE CASE NUMBER DV -2006-0005
IN THE MATTER OF ASSESSMENT } REQUEST FOR ORAL PRESENTATION
OF CIVIL PENALTIES AGAINST: }
EARL B. HENDRIX )
I hereby request the opportunity to make an oral presentation before the Environmental Management
Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In
making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission
and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to
five minutes in length.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
( 1
TELEPHONE

�C)% W A �ERQ Michael F. Easley, Governor
`OA C. William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources
Alm W. Klimek, P.E. Director
Division of Water Quality
July 17, 2006 RECEIVI O
JUL 20CS
Mr. Earl B. Hendrix ��r1_p�yt«AE610NAL0
500 Chisholm Road
Raeford, NC 28376
SUBJECT: Remission Request
Hoke County
File No. DV 2006-0005
Permit No. NCA247013
Dear Mr. Hendrix:
This letter is to acknowledge receipt of your request, on July 11, 2006, for remission of the civil
penalty levied against the subject facility. The Director of the Division of Water Quality will
review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Dennis G. Lund
Animal Feeding Operations Unit
cc: Art Barnhardt, Fayetteville APS Regional Supervisor
Rickey Revels, Fayetteville Regional Office
APS Central Files
File 4 DV 2006-005
N xhCaro Iina
AAtYlCllily
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http:Hh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal OpportunitylAffirmative Action Employer— 50°% Recyded110°% Post Consumer Paper

'J an 30 06 01:11P
Gary , Hendrix
Hendrix Livostock, Inc.
500 Chi, holrn Road
Raeford, NC 28376
6
Hoke County
990-875.0229 PHONE
910.,875-3693 FAX
SEND TO
Divison of Water Quality
X910-875-3693
q- 13
I
FAX COVER SHEET
Inc
Attention care
Office location Office location
,
Fax number 910-488-0707 Phone number 910-486-1541
i
❑ Urgent ❑ Reply ASAP ❑ Please comment X Please review ❑X For your information
Total pages, including cover; Z
p.l

"Jan 30 06 01:11p Garth*bndrix 910-875-3693 E
Hendrix Livestock,,11nc.
E ? 500 Chisholm Road j I%
Raeford,!NC 28376
USA
Phone [phone]
Fax [phone]
Fayetteville Regional Office` I'
Division of Water Quality
225 Green Street - Suite 714 I'
Fayetteville, NC 28314 !i
January 30, 2006 ? ',
RF.: Plan of Action
1
Dear sirlmam, 1' l
It has come to our attention that we had a lagoons ill resultin in waste contamination pn tract
p g
1594 on January 27, 2006. We initiated the following Plan of Action as soon as we were notified.''
We immediately pumped all the water we could back into the lagoon. We then used a field
cultivator to mix residue into the soil.
In the future, when not irrigating, we will disconnect our main elecirical panel. We also would.
like to obtain permission to move the dead stop back approximately 30-feet and plant a cover
crop..
Please advise if any further information is required.
Sincerely,
Ear! Hendrix
Hendrix, Farms
i i1

� o�oF wAr�RQ6
� r
July 17, 2006
Mr. Earl B. Hendrix
500 Chisholm Road
Raeford, NC 28376
SUBJECT: Remission Request
Hoke County
File No. DV 2006-0005
Permit No. NCA247013
Dear Mr. Hendrix:
Michael F. Easley, Governor
William G. Ross 3r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
RECER Eb
JUL g
ENR --FAME 1E LLE REGIONALOFACE
This letter is to acknowledge receipt of your request, on July 11, 2006, for remission of the civil
penalty levied against the subject facility. The Director of the Division of Water Quality will
review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Dennis G. Lund
Animal Feeding Operations Unit
cc: Art Barnhardt, Fayetteville APS Regional Supervisor
Rickey Revels, Fayetteville Regional Office
APS Central Files
File # DV 2006-005
NpnOhCaro ina
Naturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer service
Internet: http://h2o.enr,state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

ERTIFIED MAIL
RETURN RECEIPT REOUESTED
RECEIPT #7002 2410 0003 0272 7166
Mr. Earl B. Hendrix
500 Chisholm Road
Raeford, NC 28376
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 26, 2006
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C.-Genal Statute(s) 143-215.1
Farm # 47-13
oke County
File No. DV 2006-005
Permit No. NCA247013
Dear Mr. Hendrix:
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
JUN 15 2006
DENR-FAYEIT LLE REGIONAL OFRCE
This letter transmits notice of a civil penalty assessed against Earl B. Hendrix in the amount of
$11,529.36, Which includes $1,529.36 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of
the Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty,
Within thirty days of receipt of this notice, you must do one of the following three items:
L Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Caro ina
✓vatura�l�
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: http://h2o.enr.state,uc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax [phone].623-6748
Fax [phone]
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Earl B. Hendrix
Page 2
May 26, 2006
2. Submit a written request for remission including a detailed justification for such request:
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. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to
the Division of Water Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b)
were wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) . whether the violator has been assessed civil penalties for any previous violations; or
(S) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and inform
you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty
to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part
of the original remission request considered by the Director. Therefore, it is very important that
you prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Dennis G. Lund
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.

Earl B. Hendrix
Page 3
May 26, 2006
and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings. The petition may be faxed provided
the original and one copy of the document is received in,the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC. 27699-67.14
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
f
Please mail or hand deliver a copy.to:
Dennis G. Lund
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Dennis G. Lund at [phone].
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Art Barnhardt, Fayetteville APS Regional Supervisor w/ attachments
Rickey Revels, FRO w/ attachments
File # DV 06-005 w/ attachments
APS Central Files w/ attachments '
Susan Massengale w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF HOKE
IN THE MATTER OF
EARL B. HENDRIX
FOR MAKING AN OUTLET TO THE
WATERS OF THE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. DV 2006-0005
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. Earl B. Hendrix owns Hendrix Livestock Inc., a swine operation located on SR
1139 in Hoke County.
B. Earl B. Hendrix was issued Certificate of Coverage NCA247013 under General
Permit NCA200000 for Hendrix Livestock Inc., on April 9, 2003, effective April
9, 2003, with an expiration date of duly 1, 2007. This permit does not allow the
discharge of waste to waters of the State.
C. On January 27, 2006, DWQ staff observed' a discharge of wastewater at Hendrix
Livestock Inc., from ponded spray field sections having no cover crops. The
wastewater flowed through a field drainage ditch from the ponded spray field.
This ditch flows into Big Middle Swamp, which are Class C Sw waters of the
State within the Lumber River Basin.
D. Earl B. Hendrix had no valid permit for the above-described activity.
E. The cost of the State of the enforcement procedures in this matter totaled
$1,529.36.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:

A. Earl B. Hendrix is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Big Middle Swamp constitutes waters of the State within the meaning of G.S.
143-215.1 pursuant to G.S. 143-212(6). -
'C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-
215.1.
D. Earl B. Hendrix 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 ($25,000.00) per violation 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.
E. The State's enforcement costs in this matter may ' be assessed against Earl B.
Hendrix pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Earl B. Hendrix is hereby assessed a civil penalty of.
&-a
$. /O, ODD for making an outlet to the waters of the State without a
—r F permit as required by G.S. 143-215.1.
$ ZO 4 Q a TOTAL CIVIL PENALTY
$ 1,529.36 Enforcement costs
$ �._,$a913 6 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered
the factors listed in, G. S. 143B-2 82. 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 violation;
(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 Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
(Date) heodore L Bush Jr., Section Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF HOKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
EARL B. HENDRIX ) STIPULATION OF FACTS
FILE NO. DV. 06-00
Having been assessed civil penalties totaling $11,529.36 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated May 26, 2006 , the undersigned, desiring to seek remission of the civil penalties, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that
the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of _ _ _.. .20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV 06-005 County: Hoke
Assessed Party: Earl B. Hendrix
Permit No. (if applicable): NCA247013 Amount Assessed: $11,529.36
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation o
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 Venafty assessment factors in N.C.G.S. 143E-282.1
were wrongfully apl2lied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting -from the
violation (i.e., explain the steps that you took to correct the violation and prevent 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 32aaes as necessM):

r-
o�pF W ATCrgQG Michael F. Easley, Governor
William G. Ross Jr,, Secretary
(4 r North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Earl Hendrix
500 Chisholm Road
Raeford, NC 28376
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Hendrix Livestock Inc.
NPDES Permit No.NCA247013
Hoke County
Dear Earl Hendrix:
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition Ill. 12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterattalitv.ore location: 2728 Capital Boulevard
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Aatura}lb
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

Earl Hendrix
Page:2
April 25, 2006
i
.e . ,
enforcement action for a violation ofyour permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule; State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone].
Sincerely,
cw�
Stephe A. Barnhardt
Aquifer Protection Regional Supervisor
cc: fac ixtyzEile 47 13,E
APS Central Files
Garland Farm Supply
Division of Soil and Water, Fayetteville Regional Office
Hoke Soil and Water Conservation District

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 24, 2006
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Earl Hendrix
500 Chisholm Road
Raeford, NC 28376
Re: Request for Information
Sludge Survey Report
Hendrix Livestock, Inc.
NCA247013
Hoke County
Dear Earl Hendrix:
Alan W, Klimek, P.E. Director
Division of Water Quality
Your Animal Waste Management General NPDES Permit contains a condition
that addresses the sludge survey requirement for the lagoon(s) at your animal
feeding operation.
Your NPDES Permit Number NCA247013 Condition 111. 16, on page 10 states:
"All facilities, which are issued a COC to operate under this permit, shall conduct
a survey of the sludge accumulation in all lagoons within one (1) year of receiving
the COC and every year thereafter. This survey shall include but not be limited to
a sketch showing the depth of sludge in the various locations within each lagoon.
This survey shall be submitted as part of the facility's annual report in the year it
was conducted..."
Our records indicate that the Division has not received the sludge survey results
for the year 2005 from your facility and your facility had not previously exempted
based on prior surveys. The form was due March 1, 2006. To avoid possible
enforcement action for a violation of your permit, please submit the results within
thirty (30) days of receipt of this letter to the following address:
,Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Aquifer Protectiun Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwaterqualiN.org Location: 2728 Capital Boulevard Raleigh, NC 27604
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'telephone:
[phone]
Fax I:
[phone]
Fax 2:
[phone]
Customer Service:
[phone]

Earl Hendrix f ,
Page 2 ;
4/24/2006
Please be advised that nothing in this letter should betaken as removing from you
the responsibility or, liability for failure to comply with.ariy State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please'do not hesitate to contact
me at [phone].
Sincerely,
Stephe . Barnhardt -
Fayetteville Regional Office
cc: PR44-7C1-3--
APS Central Files

J .
February 14, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Earl Hendrix
500 Chisholm Road
Raeford, North Carolina 28376
Michael h. lrasley, governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: NOTICE OF VIOLATIONINOTICE OF INTENT
NCGS 143-215 et seq. & Section 402 of the Clean Water Act
Hendrix Livestock Inc.
Facility- No. 47-13
Hoke County
Permit No. NCA200000
Dear Mr. Hendrix:
Alan W. Klimek, P.E. Director
Division of Water Quality
You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES)
permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and
Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit.
Violation 1: Failure to apply animal waste at rates In accordance with your permit and Certified Animal
Waste Management Plan: (Permit No. NCA200000 Section 111, 2, & 4.
On the morning of Friday, January 27, 2006 inspectors with Division of Water Quality observed and documented
ponding and run-off of swine waste, some of which was on a portion of the property that is not a part of the Certified
Animal Waste Management Plan. The absence of cover crops was also documented in some.these areas. ,
Required Corrective action for Violation 1:
If you have not already done so, immediately cease application methods of animal waste that causes or contributes
to ponding and run-off and take all necessary steps to insure this violation does not reoccur. The steps could
include but are not limited to modification of your Certified Animal Waste Management Plan and/or adjustment and
calibration of the spray irrigation equipment.
Violation 2: Discharge of animal waste to surface waters as prohibited by your facility's permit (Permit
No. NCA200000 Section 11.
On January 27, 2006 inspectors with the Division of Water Quality (DWQ) observed, sampled and photographed a
un -permitted discharge of swine waste entering Big Middle Swamp, class "C;Swamp" of the Lumber River Basin.
Investigation confirmed that the discharge originated from a ponded area of swine waste, adjacent to a center pivot
irrigation system on the Hendrix Livestock, Inc. Swine Farm facility. Swine waste ran -off the Feld into a ditch,
traveled more than 1 '/ miles and entered Big Middle Swamp.
North Carolina Division of Water Quality/Aquifer Protection Section 225 Green SU Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Intemet: h2o.enr.stale.nc.us Customer Service 1-877.623-6748
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February 14, 2006
Page 2
Required Corrective action for Violation 2:
If you have not already done so, immediately cease discharging and begin efforts to recover the discharged animal .
waste. This waste must be handled as prescribed by your CAWMP and applicable state law. Additionally, take all
necessary steps to ensure this violation does not reoccur.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before March 1, 2006 unless another time frame is indicated below:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2005 to the present along with a copy of your CAWMP.
2. Within 60 days of receipt of this notice please obtain and submit a comprehensive review report of your
CAWMP by Technical Specialist. The purpose of this review is to identify the causes) of the facility not
being able to maintain adequate freeboard in it's structures and must contain any corrective action taken or
proposed to improve the facility's compliance.
3. Please have the OIC for this farm include an explanation as to how this violation occurred.
4. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
Please be advised'that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
At present, it is the intent of this office to recommend enforcement'actions for the above -cited violations. If you have
an explanation for these violations that you wish to present to this office, please forward a detailed'explanation, in
writing, of the event noted and why you feel that this office should not proceed with recommendation for
enforcement. This office should receive information in the time frame requested within this letter. Information
provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Ricky Revels,
Environmental Specialist, or myself at [phone].
Sincerely,
Stephen A. Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick - Compliance Group
SWC - FRO
Central Files - Raleigh

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..............................................................
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES.
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March. 5, 1999
CERTIFIED NAIL .
I `.
Mr. Earl Hendrix
I ' . 500 Chisholm Road
Raeford, NC 28376
Subject: Notice of Violation
Hendrix Livestock, Inc. Swine Farm
Facility No. 47-13
Hoke County
Dear Mr. Hendrix:
You are hereby notified that, having been permitted to have a non discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217,
you have been.found to be in violation of your 2H.0217 Permit.
On March 4, 1999, staff from the Fayetteville Regional Office of the Division
of Water Quality performed an annual inspection of the Hendrix Livestock, Inc. Farm
in Hoke County. During this inspection it was noted that animal waste was ponded
in a low lying area adjacent to the farm site as a result of a malfunction of the lift/pump
station which is a violation of General Permit condition (section II - 1). Also, the
flush tank=s were not functioning properly on one of the barns which could result in a
possible discharge due to waste build up that was occurring at the rear of the building
also required under General Permit Condition (section II - 1). In.addition, irrigation
records were not being maintained for the facility on the required forms in compliance
with (Section III - 5) of the General Permit. The lagoon marker was determined to
have been installed incorrectly which is a violation of the General Permit condition
(section III - 2).
The Division of Water Quality requests that the following item(s) be addressed:
I . Immediately inspect and repair all waste management equipment to
include pump/lift stations, flush tanks, and piping involved in the
waste handling system to prevent any future discharges.
2. Begin immediately to maintain irrigation records in accordance with
the General Permit and CAWMP requirements to insure that no over-
application occurs. Collect waste sample within 60 days of an
irrigation event.
225 GREEN STREET, SUITE 714, FAYETTEVILLE. NORTH CAROLINA 28301-5043
PHONE [phone] FAX 91 O -4a9.0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACT10N EMPLOYER - 50% RECYCLEC/10% POBT•CONOUMER PAPER

Mr. Hendrix
Page 2
March 5, 1999
3. Adjust the lagoon marker to properly identify the start pump and stop pump elevations for this facility.
Failure to comply with the above conditions may result in the facility losing its permitted status and
being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Qualityfrom taking
enforcement actions for this violation or any past or future violation. Furthermore,.the Division of Water
Quality has the authority to levy a civil penalty of not more than $10,000.00 per'day per violation.
If you have any questions concerning this matter, please do not hesitate to, contact either myself or Mr.
Robert Heath, Environmental Specialist, at (910) 49.-154:1. '
S' ly,
' Paul'E. ' Rawls - .
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
John Ray-Cumberland/Hoke Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Brian Spell -Dogwood Farms

a SENDER: I also wish to receive the
■ Complete items t and/or 2 for additional servicesfOIEOWin services for an Y '
m ■ Complete items 3,4a, and 4b. g { _
■Print your name and address on the reverse of this form so that we can return this extra fee):
card to you.
■ Attach this form to the front of the mailpiece, or on the back if space does not 1. C1 Addressee's Address
m permit.Delivery
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m ■ Attach this form to the front of the mailpiece, or on the back if space dries not 1. ❑ Addressee's Address
4permit. 2. ❑ Restricted Detive d PS Form 3800, April 1955
a Write 'Return Receipt Requested' on the mailpiece below the amide number. ry Ap f -
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Nutrient. Management Plane For Animal Waste Utilization
01=05`: 2001
This:plawhas beewpreparedfor;
Hendrix Farms
Earl Hendrix
500 Chisholm Road
Raeford, NC 28376
910-875-0229
Thin plan has' been developed by:
David Fairlcloth
USDA-NRCS
121 East Mtn. Dr.
Fayetteville, NC 28306
910-484-8939 ext. 3
Developer Signature
Type of Plan: Nitrogen Only with Manure Only.
Owner/Manager/Producer Agreement
I (we) understand and agree to the specifications and the operation and maintenance
procedures -established in this nutrient management plan which includes an animal waste
utilization plan for the farm named above. I have read and understand the Required
Specifications concerning animal waste management that are included with this plan.
Guts
tgnature (owner)
Signature (manager or producer)
Date
Date
This plan meets the minimum standards and specifications of the U.S. Department of
Agriculture - Natural Resources Conservation Service or the standard of practices
adopted by the Soil and Water Conservation Commission.
Plan Approved By: � : �_ � �
Technical Specialist Signature
3-+k- o
Date
-------------------------------------------..- _ :.-.
826503 Database Version 1.06 Date Printed: 03-05-2001 Cover Page 1
Y

-Nutrients appliedin-accordance with this, plan will be supplied from. the
T following source(s):
Commercial. Fertilizer is not included in this plan.
S7
Swine Feeder -Finish, Lagoon Liquid waste generated 4,635,000 gals/year
by a 5,000 animal Swine Finishing Lagoon Liquid operation. This
production facility has waste storage -capacities of a roximatel -180 days.
Estimated Pounds of Plant Available Nitrogen Generated per Year
Broadcast
10682
Incorporated
18345
Injected
20203
Irrigated
11611
Actual PAN Applied
Year 1
13897
Year 2
13725
Notes:
In source ID, S means standard source, U means user defined source,
A
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _. _ - _ _ _ _ _ .
826503 Database Version 1.06 Date Printed: 03-05-2001 Source Page 1
Y

;7
The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This. plan provides an estimate of the number of acres of '
cropland needed to use the nutrients being produced. 'tire plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements,
and proper timing of applications to maximize nutrient uptake.
This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or
other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field
in order to supply the indicated quantity of nitrogen from each source is also included.
A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the
manure generated by the operation. Animal operations that generate liquid waste and utilize waste storage facilities (lagoons or holding ponds) may apply more o
less waste in any given year than is annually generated by the facility. In order to determine whether the plan adequately utilizes the waste produced by the
facility, the storage capacity table included in this plan should be reviewed to ensure that the design capacity of the storage facility is not exceeded during the
planning period.
Depending on the requirements of the crop and the nutrient content of the waste, some nutrients will likely be over or under applied if animal waste is being
utilized. Waste should be analyzed before each application cycle and annual soil tests are required if animal waste is being applied. Soil tests should be used tq
balance the nutrient application amounts with the realistic yields of the crop to be grown. Nutrient management plans may require that the application of ani
waste be limited so as to prevent over application of phosphorous when excessive levels of this nutrient are detected in a field.
Waste Utilization Table
Year 1
Tract
I Field
source
I.D.
Soil Series
Total
Acre
Use.
Acres
I Crop
RYE
RYE
Unit
Applic.
I Period
Nitrogen
PA
Nutrient
tteq'd
flbs/A)
N
Comm.
Fert.
Nutrient
Applied
(lbs/Al
N
Res.
(IbslA)
I N
Applic.
Methud
Manure
PA
Nutrient
Appiie.d
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Solid -
Mannar
Applied
(Field)
I Ibs1A
1000
ailA
tons
1 1000 gals
tons
175
l
s7
Rains
39.3
39-3
Wheat, Grain
55.0
Bushels
9/1-3131
53
0
0
brig.
53
21.2
0.0
831.5
0.0
175
1
S7
Rains
39.3
39.3
oybeans, Manured,
37.0
Bushels
411-9115
143
0
0
"S'
143
57.1
0.0
2,243.5
0.0
uble Crop
175
2
S7
I Norfolk
35.7
35.7
om, Grain
115-0
Bushels
2115-6130
131
0
20
Irri .
III
44.3
0.0
1,581.9
0.6
826503 Database Version 1.06 Date Printed: 03-05-2001 WUT Page l

Waste Utilization Table
Year 1
Tract
Field
Source
I.D.
I Soil Series
Total
Acre
Use.
Acres
Cro
RYE
RYE.
Unit
Applic.
Period
Nitrogen
PA
Nutrient
Rcy'd
r
N
Comm.
Fert.
Nutrient
Applied
N
Res.
(lbs/A)
N
Applic.
Method
Manure
PA
Nuuicnl
Applied
Liquid
Manure
Applied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Soli' '
Manse
Applied
{Field)
lb- A
1000
RallA
tons
1000 gals
tons
175
2
S7
Norfolk
35.7
35.7
eat, Grain60.0
4
Bushels
9/1-3131
1 63
01
0
1 lni
63
25.0
0.0
890.7
'0.0
Lagoon Liquids
Total Applied, 1000 Sallow
5,548
Total Produced, 1000 gallons
4,635
Balance 1000 gallons
-913
Manure Solids
'Total A lied, tons
.—
Total Produced, cans
jo
Balance Ions
Notes: 1. In the tract column, symbol – means leased, otherwise, owned.
826503 Database Version 1.06
2. Symbol • means user entered data.
Date Printed: 03-05-2001
R
WUT Page 2

.Ir
Waste Utilization Table
Year 2
Tract
I Field
Source
I.D.
I Soil Series
Total
Acre
Use.
Acres
I crop
RYE
RYE
Unit
Applic.
I Period
Nitrogen
PA
Nutrient
Req'd
Comm
Fert-
Nutrient
Applied
Res.
(lbs/A)
I N
Applic.
Method
Manure
PA
Nutrient
Applied
Liquid
Manure
Applied
(acre)
Solid 'L- wd " Solid
Manure Manure Mature
Applied Applied Applied
(acre) (Field) (Field)
N
N
I lbs/A
1000
al/A
tons I 1000 Vals tons
175
1
S7
Rains
39.3
39.3
heat, Grain
55.0
Bushels
9/1-3/31
53
0
0
Irri .
53
21.2
0.0 831.5 0.0
175
1
S7
Rains
39.3
39.3
.orn, Grain
125.0
Bushels
2/15-N30
135
0
20
Irri .
115
45.9
0.0 1,604.2 0.0
175
2
57
Norfolk
35.7
35.7
cat, Grain
60.0
Bushels
911-3131
63
0
0
lrri
63
25.0
0.0 890.7 0.0
175
2
S7
Norfolk
35.7
35.7
oybeans, Manured,
35.0
Bushels
4/1-9115
137
0
0.
!rri .
137
54.7
0.0 1,452.5 0.0
utile Crop
Lagoon Liquids
Total A lied,1000 gallons 5,479
Total Pr'aduced; 1000 p1lons 4,635 '
Balance 1000!Ions 4144
Manure Solids
Total Applied, tons
Total Produced, tons
Balance, inns ELA
Notes: I . In the tract column, symbol •- means leased, otherwise, owned.
826503 Database Version 1.06
2. Symbol' mearu usu entered data.
Date Printed: 03-05-2001
WUT Page 3

The Irrigation, Application, Factors for each-.field'in this plan are shown in the following table.
Infiltration rate.varies with soils. If applying waste nutrients through an irrigation system, you must
° apply at a.rate that will -not -result in runoff. ' This table provides the maximum application rate per hour
that may be applied to each field selected to receive wastewater. It also lists the maximum application
amount that each field may receive in any one application event.
Irril ation Annlication Factors
Application Rate Application Amount
Tract Field Soil Series inches/hour (inches)
175 l Rains 0.40 0.96
175 12 1 Norfolk 0.50 0.96
5
826503 Database Version 1.06 Date Printed: 03-05-2001 LAi~ Page 1
Y

The following Lagoon Sludge Nitrogen Utilization table -provides -an estimate of the number of acres needed for-
:' Vudge utilization for the indicated accumulation�period. These estimates are based,on average nitrogen
concentrations for each source; the number of animals in the facility -and the plant available nitrogen application
rates shown in the second column.
Lagoon sludge contains nutrients and organic matter remaining after treatment and application of the effluent, At
clean out, this material must be utilized for crop production and applied at agronomic rates. In most cases, the
priority nutrient is nitrogen but other nutrients including phosphorous, copper and zinc can also be limiting. Since
nutrient levels are generally very high, application of sludge must be carefully applied.
Sites must first be evaluated for their, suitability for sludge application. Ideally, effluent spray fields should not be
used for sludge application. If this is not possible, care should be taken not to load effluent application fields with
high amounts of copper and zinc so that additional effluent cannot be applied. On. sites vulnerable to surface water
moving to streams and lakes, phosphorous is a concern. Soils containing very high phosphorous levels may also be
a concern.
Lagoon Sludge Nitrogen Utilization Table
Crop
Maximum
PA -N Rate
ib/ac
Maximum Sludge
Application Rate
1000gal/ac
Minimum Acres
5 Years Accumulation
Minimum Acres
10 Years Accumulation
Minimum Acres
15 Years Accumulation
Swine Feeder -Finish Lagoon Sludge - Standard
Corn 120 bu
1501
13.161 62.681 125,361
188.05
Hay 6 ton R.Y.E.
3ool
26.321 31.341 62.681
84.02
Soybean 40 bu
1601
14.041 58.761 117,531
176.29
-- ---------------------------------- .---------- ---.....
826503 - Database Version 1.06 Date Printed: 03-05-2001 Sludge Page l

.The Available Waste Storage Capacity table provides an estimate of the number of days of storage
capacity available at the end of each month.of.the plan. Available storage capacity is calculated as the
design storage capacity in days minus the number. -of days of,net storagcvolume,accumulated. The -start
date is a value entered by the user and is defined as the date prior to applying nutrients,,w,therfirst.crop in
the pian at which storage volume in the lagoon or holding pond is equal to zero.
Available stomp capacity -should be greater thamor equal to zero and less than or equal to the design
storage:capacity:of the -facility., If the available:. storage capacity is greater than the design storage
capacity, this indicates that the plan calls for the application of nutrients that have not yet accumulated.
If available storage capacity is negative, the estimated volume of accumulated waste exceeds the design
storage volume of the structure. Either of these situations indicates that the planned application interval
in the waste utilization plan is inconsistent with the structure's temporary storage capacity.
Available Waste Storage Capacity
Source Name Swine Feeder -Finish Lagoon Li uid
Design Storage Capacity (Days)
Start Date 1 09125
180
Plan Year Month
Available Stora a Ca achy (Days)
1
1
117
1
2
122
1
3
155
1
4
156
1
5
180
1
6
180
1
7
180
1
8
180
1
9
180
1
10
180-
I
11
150
1
12
119
2
1
88
2
2
95
2
3
135
2
4
141
2
5
180
2
6
180
2
7
180
2
8
180,
2
9
180
2
10
180
2
11
150
2 1
12
119
* Available Storage Capacity is calculated as of the end of each month.
-------------------------------------------------------------
826503 Database Version 1.06 Date Printed: 03-05-2001 Capacity Page 1

State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
'yiT7,
r �
DIVISION OF WATER QUALITY
September 23, 1997 F
Mr. Earl Hendrix .
500 Chisolm Rd.
Raeford, NC 28376
SUBJECT: NOTICE OF DEFICIENCY
Hendrix Farms
Facility No. 47-13
Hoke County
Dear Mr. Hendrix:
On September 19, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality conducted an inspection of the Hendrix Farm. The inspection revealed that start -stop pump
markers had not been installed and that records of irrigation events need to be recorded on the IRR
1 and IRR 2 forms. Also a liquid waste analysis needs to be taken to show nitrogen concentrations.
In regard to the deficiency noted during the inspection, the following actions are requested:
1. Liquid waste samples are to be taken within 60 days of a waste water irrigation event. Make
sure that future waste samples are taken within this time frame and kept with your waste
management plan.
2. Keep irrigation records on IRR 1 and IRR 2 forms along with a nitrogen balance total.
3. Install start -stop pump marker in lagoon with the required one foot freeboard and the
additional seven inches for the 25 -year 24-hour storm storage clearly marked.
Please provide a written response to this office on or before October 10, 1297 as to the
actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken
as absolving this facility of the responsibility and liability of any violations that have resulted or may
result from these deficiencies.
225 Green Street, Suite 714 FAX [phone]
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone [phone]% recycled/10% post -consumer paper

Mr. Hendrix
Page 2
September 23, -1997
If you have any questions concerning this matter, please call John Hasty at the Fayetteville
Regional Office at [phone].
Sincerely,
John C. Hasty, Jr.
Environmental Specialist
cc: Operations Branch
Central Files
Audry Oxendine
John Ray, Hoke Co. NRCS