260006_CORRESPONDENCE_20171231

CORRESPONDENCE
a
NOETH CARC3UM
oepartment of EnvlronM8n l qual

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
L. Herman Gardner
PO Box 1049
Roseboro NC 28382
Dear L. Herman Gardner;
4 • •
.NCD,ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE5oURCES
May 17, 2000
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Hayne Hens Farm Inc
Facility Number 26-6
Cumberland County
During the 1999 session; the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and
ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a
representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number Surface Area (Acres) Rankin
1 0.28 Medium
2 0.38 Medium
This ranking is based in part on the conditions existing on the day of the site -visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future.
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Telephone [phone] Fax [phone]
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Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate current
discharges, prevent future discharges and to insure the stability of their structures. Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
determined to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be land applied at a rate not to exceed
the agronomic needs of the receiving crops. Any major modifications made to the dike -walls or
structure must be done in accordance with current standards and under the direction of a technical
specialist designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this letter should be taken as removing from you the responsibility and liability for
any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Fayetteville Regional Office at (910) 4$6-1541.
Sincerely,
Water Quality Regional Supervisor
cc: Cumberland County Soil and Water Conservation District Office
Facility File

Facility Number 26 . 06 Lagoon Number .01......... Lagoon Identifier InaGtivex.,IAgQQ.�l,o1........................
O Active 0 Inactive Latitude P47 54 40
Waste Last Added.1-1-9.a.........._. ...............................
Determined by: ❑ Owner X Estimated
Surface Area (acres): Q.,2.6........................
Embankment Height (feet): gratin ..I .y .I...
Distance to Stream: O <250 feet
Longitude 78 36 02 I
By GPS or Map? IN GPS ElMa7
GPS file number: IF020316A
0 250 feet - 1000 feet O >1000 feet
By measurement or Map? [] Field Measurement ® Map
Down gradient well within 250 feet? O Yes 0 No
Intervening Stream? O Yes *No
Distance to WS or HOW (miles): Q < 5 O 5 - 10 O > 10
Overtopping from Outside Waters? O Yes (*No O Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 2-3-2000
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
0 Lagoon Liquid Clear
O Lagoon Empty Freeboard (inches): 19
embankment condition 0 poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
O Construction Specification Unknown But Dam Appears in Good Condition
O Constructed and Maintained to Current NRCS Standards
outside drainage 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
0 Has Drainage Area Which is Addressed in Lagoon Design
O No Drainage Area or Diversions Well Maintained
liner status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc,
O No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
icatlon equipment fail to make contact
and/or 5prayfleld O Yes O No * Unknown with representative O Yes 0 No
unavailable
comments Contact was made with Charles Gardner On 2-2-2000 by phone

Facility Number 26 -- 06 Lagoon Number Q.Z,,,,.... Lagoon Identifier Ip l��„I gq n„Q........................
1.
O Active 0 Inactive Latitude KI P-1 36
Waste Last Added .1-1-........................................... Longitude 78 F367 02
Determined by: ❑ Owner ® Estimated
Surface Area (acres): Q., a .................
Embankment Height (feet): gra+.nd..iau,l...
By GPS or Map? 10 GPS ❑Map
GPS file number: IF020316A
Distance to Stream; 0 <250 feet 0250 feet- 1000 feet 0 >1000 feet
By measurement or Map? ❑ Field Measurement ® Map
Down gradient well within 250 feet?. O Yes O No
Intervening Stream? O Yes *No
Distance to WS or HOW (miles): O < 5 0 5 - 10 0 > 10
Overtopping from Outside Waters? 0 Yes 0 No O Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 2-3-2000
appearance of 0 Sludge Near Surface
lagoon liquid 0 Lagoon Liquid Dark, Discolored
© Lagoon Liquid Clear
0 Lagoon Empty
Freeboard (inches): 19
embankment condition 0 Poorly Built, large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
O Construction Specification Unknown But Dam Appears in Good Condition
0 Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
0 Has Drainage Area Which is Addressed in Lagoon Design
O No Drainage Area or Diversions Well Maintained
liner status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
O No Liner, Soil Appears to Have Low Permeability
0 Meets NRCS Liner Requirements
application equipment fail to make contact
and/or 5prayfleld 0 Yes O No O Unknown with representative O Yes 0 NO
unavailable
comments Ditch feeding into lagoon. Contact was made with Charles Gardner on 2-2-2000 by
phone.

of Visit Q Compliance Inspection O Operation Review Q. Lagoon Evaluation
Reason for Visit Routine O Complaint O Follow up Q Emergency Notification O Other . ❑ Denied Access
Facility Ntnnber 2ti 6
[3 Permitted 0 Certified Q Conditionally Certified ® Registered Date of Visit 2-3-2040
i♦ Not Operational Q Below Threshold-1 Date Last Operated or Above Threshold: 1:115 ............
Farm Name: Hayntt~.Hfins-Faril.Inc .................................................. ....... County: .C,.wmberlaind.................................... FRO ............
Owner Name: L.Ucrm n........................... Gardaut;t'..................................................... Phone No: Ge11.�btRm�..�1�-�1A9�...........................................
Facility Contact: .............Title: Awtactrs............................ ................... Phone No:....................................................
Mailing Address: F..00.&.1A49.......................................................................................... &.QacbRxR.l!I .............................. z13 2.
........................
OnsiteRepresentative: .........................................................................Integrator .............................. .........................................................
Location of Farm:
�1ry.,.�1C. 21.�.�1><d.1.txtilcs.li�ast:nf: eir<.9.mmd..1>�x.9S.--S-:1R.1Rrmted..b.Q1lil�d.u>ai4ifrx'.�..F..arm>.ca�tcx.................................................
® Swine :I] Poultry ❑,Catild ; ❑ Horse s
Swine' ,
Design Current Design -
,Current Design` 'Current
Canecity Pnnulation Poultry, M1 .,. - ('�nncity Paiullsition Cattle (`Anarrt:v Pnnulutinn
❑ Wean to Feeder
❑ Feeder to Finish
❑ barrow to Wean
❑ Farrow to Feeder
® Farrow to Finish
650
0
❑ Gilts
❑ Boars
Nurn er,of Lagoons 2 Holding Ponds / 15otrd{Traps. 3r
Discharges & Stream finl2ackti
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
it. It' discharge is observed, was the: conveyance man-made?
b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
2. Is there evidence of past discharge from any part of the operation?
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Waste Collection & Treatment
Please see attached Lagoon Field 'Data Sheets
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
n/a
❑ Yes ® No
❑ Yes ® No
P
ector Name Scott
Reviewer/Ins Faircloth F . i' - l
W..er.u.l
Reviewer/Inspector Signature: Date:
Printed on: 5/12/2000

At4[09. HUNTJII",'
;OVSRNOR '.�,�
IN
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
FAX COVER SHEET .
FAYETTEVILLE REGIONAL OFFICE
DATE:
TO: u
FAX #: ql q — '71 - 604'
FROM: �wvt
Number of pages, including cover: Ll
NOTE:
'146 GREEN BTRC[T, fUITR 714, FAYRTTRVILLR, NORTH CAROLINA 28301-0043
PHON[ 01 O-4B8-1541 FAX [phone]
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DIVISION OF WATER QUALITY
June 28,1999
' 1 _Ju_
TO: Dennis Ramsey
Non -Discharge Branch Chief
FROM: Grady Dobson, FRO 84oee-'.'
SUBJECT: Swine Farm Retrofit
Facility No. (26-6) (Inactive List)
Cumberland County
On June 23, 1999, an anonymous citizen called this office to discuss a rumor regarding
the possible construction of a hog farm in a location where hogs were raised some 5-6 years ago.
The old farm is located in Cumberland County in the Beaverdam community. The farm is
owned by Mr. Herman Gardner (Facility No. 26-6).
It seems that the complainant was concerned that this individual was going to rebuild or
sell to someone who has plans to rebuild a hog facility in this location. This area has been
populated with new homes during the last 3-4 years and this citizen was very concerned.
You wrote a letter (see attached), dated November 17, 1997, to Mr. Gardner regarding a
retrofit of this facility. Since this letter was written, it does not appear that any action by the
current owner has been initiated to close out the existing facility. The Cumberland county NRCS
office was contacted and they are not aware of any new action taken by Mr, Gardner to close this
facility.
On June 23, 1999, I actually visited the site and took the attached photos. The series of
hurricanes in 1996 and 1997 caused damages to the bams and many of them are lying on the
ground. This facility did not have a NRCS designed lagoon. The barns are connected by a series
of backhoe dug ditches to a former irrigation pond f now, waste lagoon holding area. The ditches
were not flowing on this date and are extremely grown up with trees. Many of the buildings had
trees in excess of ten feet growing beside them.
It was very apparent that this facility has not been utilized for sometime.

MEMO - Dennis Ramsey
Page 2
June 28, 1999
Your letter indicates the following two terms: (1) that the population of the new facility
does not increase beyond what was initially requested (650 sow farrow to finish) and (2) that the
facility is completely closed according to MRCS standards.
If you close out an existing facility and move the entire stock (which currently does not
exist) to a completely new location to meet current NRCS standards and setbacks of the Swine
Farm Siting Act, how is this a retrofit situation?
It appears to me that the Division, Mr. Gardner, or a potential buyer would be a prime
candidate for a lawsuit if the retrofit is allowed.
I just wanted you to know of the citizen's concern and to inform you in case you get a
call about this matter.
GD/bs
Attachment

State d North Carol /
Department of Environment,
Health and Natural Resourres
Division of water QusHtp
James,& Hunt, 7r., Ga�erAor
Wayne S+ScDevitt, Secretary ,., •. F A. Prestbn'Howard; Jn, P.E., Direetoyr
Novesabar 17, 1997 '
Mr. RcrMAn Oubw
Rayne Haas Farm
PO Box 1649
Robeson PC 28382
_ Subject: Retrofft bf Swine Farm
CWMberi=d County
new 1lvfr. barduer,
Tula letter' is in response w your request to nwabt and relocate y= swine facility in C%umbetland County, Facility
Number 26-6. Do==ts that you provkW to ft Division of Water Quality (DWQ) show that you would lilac to
retrofit ymr swine hciiity and relocate the fcility on the saran tract of land. The DWQ has reviewed the documentation
and do wxdned tba: ibis relocation may be considercd a retrofit if the following two(2) conditions are me t; I) that the
population of the new faNity does not inraasc beyond what was re..;istcred with the DWQ. and 2.) the the axisdng
facility is complaely clofied zlGcording to NRCS standards. The existing faciiiry waA reglstered with the DWQ for 650
sow, farrow to finish. 7berctore ft rctroffued fadiity as designed, and submitted: is not an increase in animal
populadott. The rarcdvW animal waste management system must also be designed and caastrucrnd in eccotdanre with
current NP-CS standards. attd meet the most recent setback Conditions of the-SwiaG Farm S14ng Act•.
You sbodd be aware thaz the Division of Warn Quality was not authorized to acitriinisteiWovisioas of the Swine Fans
Siting Art, which gives cerraln nigbu and pmecdous to persons owning property directly affected by its setbacks. Tba
laterpmad n given above reflects DWQ policies for a.dmfnistering ear pramitdng program If you have questions
regarding the Swine Faris Siting Act and neighboring properties, you should consider consulting prly= legal counsel.
If you bate any commc= or questions fed froc to contact Suc M=vwood of our staff at 919-733-5083 extension 502
or ma at 6mnsion 328.
Cc: F'yerteville Regionatoffice
tabrs(ww colmlyb.#v4ioa of Soil and Water District
Fici ft File
P.O: Box 29535, Rxleikk North Carolina 27626.053S
"Equal Opportunity AMrmative Action Employer
SincecralR
Dennis R. Rstasey. Assistant Chief
Nosy-Disd arge Branch
Telephone [phone] Fax [phone]"
50 % recyde&10 % post-coommer paper
?90' 39tid
49:bi 66, 22 Nnr

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
July 23, 1999
Bryan Spell
Dogwood Farms
Post Office Box 49
Clinton, North Carolina 28329
Re: Relocation of the Herman Gardner Farm
Dear Bryan,
A 6TF?WA
IT 0
4 021
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
%" U L 2 7 1999
FAYETTEVILLE
AEG. OFFICE
As we discussed on the phone today, Mr. Gardner was sent a letter from the Division of Water Quality in
November 1997 regarding the relocation of his existing swine farm. In order for the Gardner farm to be
relocated on the property during the Moratoria on construction of swine farms the owner must meet certain
conditions as outlined below.
1) For the farm to be considered existing, it must have been active in the last four years and
documentation must be submitted to the Division of Water Quality (DWQ).
2) The relocated facility must be designed and constructed in accordance with current NRCS
standards.
3) The relocated facility must meet the conditions of the Swine Farm Siting Act.
4) The owner should apply for, and receive, coverage under the Swine Waste Operation General
Permit. A copy of the application is attached. The owner must submit all design documentation
for the relocated facility, as well as all closure plans for the existing facility.
5) The existing facility must be completely closed according to NRCS standards prior to population
of the relocated facility.
If you have any additional questions or concerns, please feel free to contact me at 919-733-5083 extension
502.
erely,
ue Homewood
CC: Fayetteville Regional Office,
Facility File 26-6
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 - Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
December I5, 1997
L. Herman Gardner
Hayne Hens Farm Inc
PO Box 1049
Roseboro NC 28382
Subject: Removal of Registration
Facility Number 26.6
Dear L. Herman Gardner:
RECEIVE.0
nECA 18 1997
FAY M- EVILLE
REG. OFFICE
This is to acknowledge receipt of your request that your facility no longer be registered as an active animal
waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC. 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penaltyup to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocldng animals to that level.
Threshold numbers of animals that require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poultry with a fi uid waste sysEem 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: �ayc teviIlc'�Watsr Quality.Regional 0®cc
Cumberland Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 - -Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 17, 1997
Mr. Herman Gardner
Hayne Hens Farm
PO Box
049
Robeson,
, NC RECEIVED
Robeson, NC 28382
Subject: Retrofit of Swine Farm
NOV 2 A 1997 Facility Number 26-6
Cumberland County
FAYETTEVILLE
Dear Mr. Gardner, REG. OFFICE
This letter is in response to your request to retrofit and relocate your swine facility in Cumberland County, Facility
Number 26-6. Documents that you provided to the Division of Water Quality (DWQ) show that you would like to
retrofit your swine facility and relocate the facility on the same tract of land. The DWQ has reviewed the documentation
and determined that this relocation may be considered a retrofit if the following two(2) conditions are met; 1) that the
population of the new facility does not increase beyond what was registered with the DWQ, and 2.) that the existing
facility is completely closed according to NRCS standards. The existing facility was registered with the DWQ for 650
sow, farrow to finish. Therefore the retrofitted facility as designed, and submitted, is not an increase in animal
population. The retrofitted animal waste management system must also be designed and constructed in accordance. with
current NRCS standards, and meet the most recent setback conditions of the Swine Farm Siring Act.
You should be aware that the Division of Water Quality was not authorized to administer provisions of the Swine Farm
Siting Act, which gives certain rights and protections to persons owning property directly affected by its setbacks. The
interpretation given above reflects DWQ policies for administering our permitting program. If you have questions
regarding the Swine Farm Siting Act and neighboring properties, you should consider consulting private legal counsel.
If you have anycomments or questions feel free to contact Sue Homewood of our staff at 919-733-5083 extension 502
or me at extension 528,
Sincerely,
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
Cc: Fayetteyille.Regional. Office
Cumberland County Division of Soil and Water District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
L. Herman Gardner
Hayne Hens Faris Inc
PO Box 1049
Roseboro NC 28382
Dear Mr. Gardner:
EDE-HNF:ZMM
April3, 1997 F21ECE0VE�
APR a 7 1997
FAYi-: I TF-ViLLE
REG. 0IF=-=iCE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Hayne Hens Farm Inc
Facility Number 26--6
Cumberland County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility, Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
I.Igt4�
for Steve W. Tedder, Chief _
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, 0, 4 FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
L. Herman Crandner
Hennie Hens Farm Inc
Rt 3 Box 110
Roseboro NC 28382
e��
ED;EHNR
November 13, 1996
SUBJECT: Operator In Charge Designation
Facility:. Hennie Hens Farm Inc
Facility ID#: 26-6
Cumberland County
Dear Mr. Crandner:
Nil 19 1996
� f-
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026.
Sincerely,
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 �44r An Equal Opportunity/Affirmative Action Employer
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Site Requires Immediate Attention:
Facility No. _ --��-
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: —= 1995
Time: 20 aA,01
Farm Name/Owner:
Mailing Address: C
County:
Integrator: .—i-�„Q, �,,,� ,.� - - - - - - Phone:
On Site Representative:&Z _ Phone:
Physical Address/Location: -Lln ' _ Fn.W 6'� - 1-�- -
Type of Operation:
Design Capacity:
DEM Certification
Latitude: °
Poultry Cattle
Number of Animals on Site:
Number: ACE DEM Certification Number:
" Longitude: ° "
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes or No Actual Freeboard:l2_Ft, Inches
Was any seepage observed from the lagoon(s)? Yes or QWas any erosion observed? Yes or No
Is adequate land available for spray? Yes or i o Is the cover crop adequate? Yes or No
Crop(s) being utilized:�u��_ ,�,r,
Does the facility meet SCS
Swine
ACNEW
minimum setback criteria? 200 Feet from DwelliYes or
100 Feet from Wells? for No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or Vo
Is animal waste discharged into water of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or 10 If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
CYar9 ai irrihofn�i n.r, cawni n .�nro�na „AA, nna nr� _V) � _. _. .-.1%
Ins r am
4�/� g22�M2
Signature
,cc: Facility Assessment Unit Use Attachments if Needed.

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Herman Gardner
Hayne Hens Farm Inc
PO Box 1049
Roseboro NC 28382
SUBJECT: Operator In Charge Designation
Facility; Hayne Hens Farm Inc
Facility 1D#: 26-66
Cumberland County
Dear Mr. Gardner:
NOV 19 1996
FAYf 4 1 i ° ' LLE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 91 gn33-0026.
Sincerely,
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687, 1W 4 FAX [phone]
Raleigh, North Carolina 27611-7687 r f An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 ! 50% recycled/100% post -consumer paper

04
County:_ wMI>�"
Integrator:_ .d.Q. x�,�,. it __ Phone: SZ s - 3 s z. o
On Site Representative: ,n Phone:
Physical AddresslLocation: 0k; of to t: Zi O roar toy rl A' Foxxv+ Ce Aer-
Type of Operation: Swine ,�S_ Poultry Cattle
Design Capacity: _til Or ., , Number of Animals on Site: t.1lec
DEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: ° ' ,Longitude: '
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot +�25 y 24 hour storm
(approximately 1 Foot + 7 inches) Yes of(p teal Freeboard: 5 Ft. ZL-inches
Was any seepage observed from the 1 oon(s)? Yes or Nc Was any erosion observed? Yes or N)
Is adequate land available for spray? Igor No Is the cover crop adequate? VMRWM t4t h
Crop(s) being utilized: W K
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? or No
event
.100 Feet from Wells? 1W or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes o
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue -Line: Y4avrlrlo f� jh
Is animal waste discharged into water of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or o If Yes, Please Explain.
Does the facility maintain adequate wast management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or& — 1aone- &&ede1
Additional Comments:K�a _wv4 s —Lw— _a resar+ on,
r
0
1. Ir MrlA'i 4 i4ftiAM
Inspector Name Signature
cc: Facility Assessment Unit Use Attachments if Needed.
+r 1'4¢

State of North.Carollno
Departrrient,&: Environment,
Health and natural Resources A�j
• •
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary H N F1
Andrew McCall, Regional Manager
November 17, 1995
Mr. Herman Gardner
P.O. Box 1049
Roseboro, NC 28382
Dear Mr. Gardner:
I would like to extend my sincere thanks for aIlowing me to visit your property on
November 8, 1995. As per our conservation on that date, it would be beneficial to you to berm
up the open side of the large lagoon so as to prevent surface water from entering the holding
area. I would suggest that you install some type of drainage diversion system around the open
side of the lagoon to avoid any further runoff problems. Please contact NRCS for technical
assistance in this matter at 592-7963.
In addition, please contact this office if you plan to modify your lagoon layout and
prepare your facilities for future occupation by swine. If you do not plan to make any changes
to the existing facility and stay out of the swine industry, it is necessary that you follow a
closure procedure. This procedure should be developed by a designated technical specialist and
it will allow you to properly terminate your operation, I have enclosed some information
regarding the closure procedures, but again I urge you to contact NRCS for all technical advice.
Please feel free to contact me at [phone] or the MRCS if you have any questions
pertaining to these matters, Again thank you for your time and consideration,
Sincerely,
Ed Buchan
Environmental Engineer I
EB/zlt
Wachovla Building. 5ulte 714, Fayetteville, North Carollna 28301-5043 Telephone [phone] FAX 91q-4a6.07o7
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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ZmR-7.1A! Lam^8�!
04 ib COWM'ROAD M AMM5
" 1i7z& tom, t8o4 tdo�
1s1�
MCR� AMl MCIIOIS 01iT STAR wAltSAmEp eOA�
OR VAPMJWs NCKSYSMM ROADS.
MKIAW NOT SNOWM ON fROWAO4 ROADS.
RaADsuawMAsof�.w. t, rtwo,

Site Requires Immediate Attention: !!�/4
Facility No. _2Y, =�Q_
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: , 1995
Time: /:.s a ?"p,
Farm Name/Owner: r __ Ta�-
Mailing Address:
County:
Integrator; Phone:
On Site Representative: Phone:
Physical Address/Location: _s.& �•--,�
f
Type of Operation: Swine ✓ Poultry Cattle
Design Capacity: 20Q .5 Number of Animals on Site: 3p .Sa►�
BEM Certification Number: ACE DEM Certification Number: ACNEW
Latitude: Longitude: "
Circle Yes or No
Does the Animal Waste Lagoon hayr, sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) e or No Aal Freeboard: 4_Ft, _Inches
Was any seepage observed from the lagoon(s)? Yes or CWas any erosion observed? Yes or No
Is adequate land available for spray? Yes or 0 Is the cover crop adequate? Ye.;;or 10
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? or No,
100 Feet from Wells? Dior No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or Q
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or IQ
Is animal waste discharged into water ofAe state by man-made ditch, flushing system, or other
similar man-made devices? Yes or If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or No ZA-�O I— ""'
Additional Comments: `Tzt�d 'W . ,,to '*'
W: Y
� W-4
Inspector N29W Signature
cc: Facility Assessment Unit Use Attachments if Needed.

June 10, 1988
Mx. R. Paul Wilms
Dept. of Natural Resources &
Community Development
P. o. 27687
Raleigh, N. C. 27611
Dear Mr. Wilms:
01" O'E"ROMI ;iNTAt MANAGEW1 .T
.Raleigh, w
This letter is in response to your recent letter to me,
Charles Gardner, Owner -Rayne Hens Farm, Inc. concerning a
discharge from our swine operation into Beaver Dam Creek. I
regret any violation that may have occurred and have; taken the
following action:
(1) A pump has been put into operation to continually
pump excess from the lagoons onto existing pastures
and fields owned by Hayne Hens Farm, Inc.
(2) The area where discharge may have occurred has been
sealed. 6•
On Tuesday, June 7, 1988, I accompained Mr. Ricky Revels
from your office and Mr. George Autry, Cumberland County
Extension Chairman. We visited the swine operation in question
and I related what we had done to alleviate the problem. Mr.
Revels indicated that our solution was workable. Mr. Autry
concurred, Mr. Revels stated he would visit our operation
again after the 60 day period to insured that all requirements
were being followed.
I trust this meets the requirements of your letter. I
appreciate your help and the assistance of Mr. Revels in this
matter.
=17JUN 2I 1988
ENV. MANAGEMENT
CAYE'iTEVILLE REG. OFF1C
Sincerely,
Charles T. Gardner

4%
MY s
May 26, 1988 M^N,q
myuk"U.e RZ(V
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Charles Gardner, Owner
P. 0. Box 160
Autryville, north Carolina 28381
SUBJECT: Designation of Concentrated Animal
Feeding Operation
Hayne Hen Farm (Swine Operation)
Highway 210
Fayetteville, Borth Carolina
Cumberland County
Dear Mr. Gardner:
This letter is to notify you that the subject Hayne Hen Farm/Swine
Operation, Farrow to Finish, is hereby designated a concentrated animal
feeding operation in accordance with Title 15, Forth Carolina Administrative
Code 2H .0123, and adopted Federal Regulations 40 CFR 122.23. The designation
of your farrow to finish operation was based on inspections conducted on Mar-,'-
24 and 28, 1988 by members of the staff of the Fayetteville Regional Office.
These inspections showed that you had established a concentrated animal
feeding operation requiring such designation based upon the following facts:
1. There was a direct discharge of animal waste from interconnected swine
wastewater stabilization lagoons to a manmade ditch, that travels
approximately 2500 feet to Beaver Dam Creek "C Swamp", Cape Fear River
Basin.
2. This is a greater than a 1,000 animal units confined, farrow to finish
swine operation.
3. The animal waste holding lagoons are not sized adequately to handle the
waste volume generated by the existing operation. In addition there are
problems associated with a high water table in the area resulting in
groundwater infiltration into the lagoons.

Mr. Gardner
Page 2
4. There are no provisions to dispose of the wastewater by land application.
A National Pollutant Discharge Elimination System (NPDES) permit is
required for discharges of waste to the surface waters of the State. However,
if you can permanently eliminate the discharge by implementing changes within
sixty (60) days of your receipt of this notice, including, but not limited to,
modifications to lagoons and the implementation of a final waste disposal
plan, a permit application will not be required. If compliance has been
achieved, you must notify us in writing within sixty (60) days describing, in
detail, the changes or modifications you made.
If the discharge of waste to the surface waters of the State is not
permanently eliminated within sixty (60) days of receipt of this notice, an
NPDES permit application must be submitted within that time.
Permit applications should be submitted, in duplicate, to the Director,
Division of Environmental Management, P.O. Box 27687, Raleigh, NC 27611.
Assistance, if desired, can be obtained by contacting the regional office.
The applications should be accompanied by construction plans for the
nondischarging animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register - Concentrated Animal. Feeding
Operations, 40 CFR 122.23.
2. Three copies of NPDES Discharge Permit application - Short Form B.
If you need advice or technical assistance with regard to managing ani.mal
waste, you should contact your county extension chairman or North Carolina
State University's Department of Biological and Agricultural Engineering at
[phone].
If you wish to contest this Designation, you must request an adminis-
trative hearing within thirty (30) days of your receipt of this Notice. This
request must be in the form of a written petition, conforming to Chapter 150E
of the North Carolina General General Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina
27604, A copy of the Petition'should be filed with this office.
If you do not request an administrative hearing, this Designation will
become final in thirty (30) days.
A copy of this letter is being sent to agricultural agency representa-
tives for information and to aid them in providing cooperative assistance..

Mr. Gardner
Page 3
Should you have any questions regarding this matter, please do not hesitate to
contact us.
Sincerely,
'r7
R. Paul Wilms
RR/Ir
Enclosures
cc: Mr. M..J.. Boland
Fayetteville Regional Office
Mr. B. T. McNeill, Cumberland Co. Extension Chairman
Agricultural Extension Service
Mr. John M. Ray, Jr., District Conservationist
Soil Conservation Service

z
MAY 31 1998
ENV. MANAGEMENT
May 26, 1988 FAYETTEVILLE REG. OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Herman Gardner, Owner
P. 0. Box 150
Autryville, North Carolina 28381
SUBJECT: Designation of Concentrated Animal
Feeding Operation
Hayne Hen Farm (Swine Operation)
Highway 210
Fayetteville, North Carolina
Cumberland County
Dear Mr. Gardner:
This letter is to notify you that the subject Hayne Hen Farm/Swine
Operation, Farrow to Finish, is hereby designated a concentrated animal
feeding operation in accordance with Title 15, North Carolina Administrative
Code 2H .0123, and adopted Federal Regulations 40 CFR 122.23. The designation
of your farrow to finish operation was based on inspections conducted on March
24 and 28, 1988 by members of the staff of the Fayetteville Regional Office.
These inspections showed that you had established a concentrated animal
feeding operation requiring such designation based upon the following facts:
1. There was a direct discharge of animal waste from interconnected swine
wastewater stabilization lagoons to a manmade ditch, that travels
approximately 2500 feet to Beaver Dam Creek "C Swamp", Cape Fear River
Basin.
2. This is a greater than a 1,000 animal units confined, farrow to finish
swine operation.
3. The animal waste holding lagoons are not sized adequately to handle the.
waste volume generated by the existing operation. In addition there are
problems associated with a high water table in the area resulting in
groundwater infiltration into the lagoons.

Mr. Gardner
Page 2
4. There are no provisions to dispose of the wastewater by land application.
A National Pollutant Discharge Elimination System (NPDES) permit is
required for discharges of waste to the surface waters of the State. However,
if you can permanently eliminate the discharge by implementing changes within
sixty (60) days of your receipt of this notice, including, but not limited to,
modifications to lagoons and the implementation of a final waste disposal
plan, a permit application will not be required. If compliance has been
achieved, you must notify us in writing within sixty (60) days describing, in
detail, the changes or modifications you made.
If the discharge of waste to the surface waters of the State is not
permanently eliminated within sixty (60) days of receipt of this notice, an
NPDES permit application must be submitted within that time.
Permit applications should be submitted, in duplicate, to the Director,
Division of Environmental Management, P.O. Box 27687, Raleigh, NC 27611.
Assistance, if desired, can be obtained by contacting the regional office.
The applications should be accompanied by construction plans for the
nondischarging animal waste management system.
For your information, the following items are enclosed:
I. One copy of the Federal Register - Concentrated Animal Feeding
Operations, 40 CFR 122.23.
2. Three copies of NPDES Discharge Permit application - Short Form B.
If you need advice or technical assistance with regard to managing animal
waste, you should contact your county extension chairman or North Carolina
State University's Department of Biological and Agricultural Engineering at
[phone].
If you wish to contest this Designation, you must request an adminis-
trative hearing within thirty (30) days of your receipt of this Notice. This
request must be in the form of a written petition, conforming to Chapter 150B
of the North Carolina General General Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina
27604. A copy of the Petition should be filed with this office.
If you do not request an administrative hearing, this Designation will
become final in thirty (30) days.
A copy of this letter is being sent to agricultural agency representa-
tives for information and to aid them in providing cooperative assistance.

Mr. Gardner
Page 3
Should you have any questions regarding this matter, please do not hesitate to
contact us.
Sincerely►
R. Paul Wilms
RR/ lr
Enclosures
cc: •.Mr. M. J. Noland
Fayetteville Regional. Office
Mr. B. T. McNeill, Cumberland Co. Extension Chairman
Agricultural Extension Service
Mr. John M. Ray, Jr., District Conservationist
Soil Conservation Service

14A P sx rsa$
May 26, 1988 � ��
lRAp�ai mr�
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Charles Gardner, Owner
P. 0. Box 160
Autryville, North Carolina 28381
SUBJECT: Designation of Concentrated Animal
Feeding Operation
Hayne Hen Farm (Swine Operation)
Highway 210
Fayetteville, North Carolina
Cumberland County
Dear Mr. Gardner:
This letter is to notify you that the subject Hayne Hen Farm/Swine
Operation, Farrow to Finish, is hereby designated a concentrated animal
feeding operation in accordance with Title 15, North Carolina Administrative
Code 2H .0123, and adopted Federal Regulations 40 CFR 122.23. The designation
of your farrow to finish operation was based on inspections conducted on March
24 and 28, 1988 by members of the staff of the Fayetteville Regional Office.
These inspections showed that you had established a concentrated animal
feeding operation requiring such designation based upon the following facts:
1. There was a direct discharge of animal waste from interconnected swine
wastewater stabilization lagoons to a manmade ditch, that travels
approximately 2500 feet to Beaver Dam Creek "C Swamp", Cape Fear River
Basin.
2. This is a greater than a 1,000 animal units confined, farrow to finish
swine operation.
3. The animal waste holding lagoons are not sized adequately to handle the
waste volume generated by the existing operation. In addition there are
problems associated with a high water table in the area resulting in
groundwater infiltration into the lagoons.

dw •
r* SE1VpEH: Complete Items nd` virhe`nfadilltlonal# ervice'�t ere detfrsd a r3 c plate i�ems,%and'4
!
Put you address in ttie "RETCJf N TC3' space on ih ''re�verso eido. Fa' I ra fp dNi
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from gelnfl The fee the
card returned to you, roturn racai t will rouitle ou name of thn+ eieors .
vorod to and ha date of dal 1;7ervllFicr add t one ses t a a aw noise rvFees a five a e. on....
poetmastor or cos an c cc ox es! for addltiane! service;s? requasted..A_n• ma.
t. Shawv to wham dativared, date, end_.addrasse_a's address. 2. ®Restricted i7elrve;y.
3, Artl'c!g A'ddrassad t
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Form 3$11, Feb'7 9'861T T '='se %u- Y"
R� . W 00WT, ,'G RETUwK RIrCEfPll

Mr. Gardner
Page 2
4. There are no provisions to dispose of the wastewater by land application.
A National Pollutant Discharge Elimination System (NPDES) permit is
required for discharges of waste to the surface waters of the State. However,
if you can permanently eliminate the discharge by implementing changes within
sixty (60) days of your receipt of this notice, including, but not limited to,
modifications to lagoons and the implementation of a final waste disposal
plan, a permit application will not be required. If compliance has been
achieved, you must notify us inin w� within sixty (60) days describing, in
detail, the changes or modifications you made.
If the discharge of waste to the surface waters of the State is not
permanently eliminated within sixty (60) days of receipt of this notice, an
NPDES permit application must be submitted within that time.
Permit applications should be submitted, in duplicate, to the Director,
Division of Environmental Management, P.O. Box 27687, Raleigh, NC 27611.
Assistance, if desired, can be obtained by contacting the regional office.
The applications should be accompanied by construction plans for the
nondischarging animal waste management system.
For your information, the following items are enclosed:
1. One copy of the Federal Register - Concentrated Animal Feeding
Operations, 40 CFR 122.23.
2.. Three copies of NPDES Discharge Permit application - Short Form B.
If you need advice or technical assistance with regard to managing animal
waste, you should contact your county extension chairman or North Carolina
State University's Department of Biological and Agricultural Engineering at
[phone].
If you wish to contest this Designation, you must request an adminis-
trative hearing within thirty (30) days of your receipt of this Notice. This
request must be in the form of a written petition, conforming to Chapter 150E
of the North Carolina General General Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina
27604. A copy of the Petition should be filed with this office.
If you do not request an administrative hearing, this Designation will
become final in thirty (30) days.
A copy of this letter is being sent to agricultural agency representa-
tives for information and to aid them in providing cooperative assistance.

Art6 C70 A6 It an
Put yaur address in the �7�UEa1Vfr70 'spa on tha SO 111111!illlm-ftw*'
went this
re% pflur. ire ejut fee w C1
11, this
Li tilt i t are ff', name . f t"h qrvll�, erion
E' delivered tgdandsth date Iwo 0 a tl I feasithaifolfciwlng;servlceoier2�milisbia.iconsutt
for ON i t x QQ x 0 10 servl�.O(;
ree�� Opera
2� 1. S OMW t m liver to a MOSSO'e's address. --cmW2
+ A F �—ps i Rd
a es ua,rOner,— Owner-
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c

Mr. Gardner
Page 3
Should you have any questions regarding this matter, please do not hesitate to
contact us.
Sincerely,
�' i'i1� �iG�HET7 Af
R. Paul Wilms
RR/lr
Enclosures
cc: Mr. M. J. Noland
Fayetteville Regional Office
Mr. S. T. McNeill, Cumberland Co. Extension Chairman
Agricultural Extension Service
Mr. John M. Ray, Jr., District Conservationist
Soil Conservation Service

DIVISION OF ENVIRONMENTAL MANAGEMENT
May 24, 1989
Mr. Charles Gardner
P.O. Box 160
Autryville, NC 28381
SUBJECT: Compliance Inspection of Concentrated
Animal Feeding Operation
Hayne Hen Farm (Swine Operation)
Highway 210
Fayetteville, North Carolina
Cumberland County
Dear Mr. Gardner:
This letter is to notify you of a compliance inspection conducted at your
swine operation on May 17, 1989, by Mr. Ricky Revels, Environmental Technician
III of the Fayetteville Regional Office. Your operation manager, Mr. Jackson,
was present during Mr. Revels inspection of your swine operation.
The investigation revealed no wastewater being discharged to surface
waters of the state. The wastewater is currently directed to a stabilization
lagoon and land applied on adjacent farm land. We would, however, like to
point out that the General Statutes do provide for assessment of civil
penalties for unauthorized .discharge of wastewater into surface waters and
additional action if a discharge causes a fish kill or causes a violation of
water quality standards.
If you need advice or technical assistance with regard to managing animal
waste, you should contact your county extension chairman or the North Carolina
State University's Department of Biological and Agricultural Engineering at
[phone].
S erd y, __..
J. "f. d, P.E.
Regional upervisor
MJN/RR/tf

DIVISION OF ENVIRONMENTAL MANAGEMENT
May 3. 1988
M E M O R A N D U M
TO: Dr. George Everett, Deputy Director
Division of Environmental Management
THRU: Charles Wakild, Chief
Water Quality Section
f
FROM: M. J. Noland, Regio 1 rvis r
Fayetteville Regional Of ice
SUBJECT: Concentrated Animal Feeding Von
on
Hayne Hen Farm (Swine) Operay. 210
Fayetteville, North Carolina
Cumberland County
On March 24 and 28, 1988, Mr. Ricky Revels, Environmental Technician III,
Fayetteville Regional Office, conducted an investigation in response to a
complaint by Mr. John Barringer, local resident. Our investigation revealed
that the Hayne Hen Farm (swine) operation had a discharge through a manmade
conveyance from interconnected waste handling lagoons located adjacent to the
swine farm. The farm is a farrow to finish swine operation. There are
approximately 1,000 swine less than: 55 lbs, 500 - 500 sows, and 2,100 - 2,300
tops and boars (greater than 1,000 animal units) at all times. There are
eight (8) of the total nine (9) housing building in operation at this time.
All houses discharge into two (2) small holding lagoons, which are both
connected to a dammed manmade ditch that also drains the area. A discharge
was observed on both inspection dates which leaves the dammed ditch and runs
approximately 2500 feet before entering Beaver Dam Creek "C Swamp" CFRB.
During the inspection on March 24, 1988 samples were collected of discharge;
however due to problems associated in shipment of samples by courier,
additional samples were collected on March 28, 1988 from subject facility.
The sampling results from the drainage ditch sample for March 28, 1988
revealed fecal coliform count of 140,000/100 ml. There was no recorded value
for BOD5 because of laboratory quality control problems.
During the course of the inspections, determinations were made in
accordance with N.C. Administrative Code 2H.0123 (a)(1) for a Concentrated
Animal Feeding operation within the definition provided in the 40 CFR 122.23.
The investigation did reveal the following:
1. It was determined that a pollutant discharge does occur to the surface
waters of the State through a manmade conveyance (drainage ditch).
2. The discharge does occur to the State's surface waters (Beaver Dam Swamp
"C Swamp", CFRB) from the subject hog farm. The discharge does occur as
the result of improper waste management practices and is not the result
of a 25 year, 24 hour rainfall event.

Memo to George Everett
Page 2
May 3, 1988
In accordance with field evaluation and the "Concentrated Animal Feeding
Operation Regulation", the owners should be given notice in accordance with
Subchapter 2H, Sectiop .0123(b).
It is recommended that the attached letter to Hayne Hen Farm (swine)
operation must apply for a permit or eliminate -the discharge within 60 days in
accordance with the North Carolina Administrative Code and Code of Federal
Regulations.
RR/ lr
Attachments

ENVIRONMENTAL MANAGEMENT
ER QUALITY FIELD -LAB FORM (DM
'*DIVISION:OF
COUNTY caw6Ltr A
�
ids rJ
RIVER BASIN Pr
PRIORITY
SAMPLE TYPE
❑AMBIENT
❑ QA
❑ STREAM
® EFFLUENT
REPORT TO: AR FRO RO RRO W aR0 W IRO WSRO TS
AT BM
❑COMPLIANCE
❑
❑
Other
Shipped by: an Courier Staff, Otlier
CHAIN
OF CUSTODY
EMERGENCY
i
LAKE
❑ ESTUARY
INF3.U>NT
L'... T.h fl.a nMf V
Lab Number: "
pate Received: -r�{- � Time'.f Yj
Rec'd by:Ck" 4 From: Bus -Courier -Hand Del
DATA ENTRY BY:.A->, CK: J "'I I
DATE REPORTED:
COLLECTOR(S): V� /Fi
— — — STATION LOCATION: �� e U ,y � �wr & A' Fak e.,. eHOj, �d3er a#r.).► 1 „s.� 210 �n r
Estimated ROD Range: 0-5/5-25 S�iS ,G
0-130 or 100 plus yAl
Seed: Yes © No❑ Chlorinated: Yes ❑ No ❑ REMARKS: &-avyirdo.,— .s1fis.,� _
Station A Date Begin (yy/mm/dd) Time Begin I Date End Time End Depth DM DB DBM Value Type Composite Sample Type
'99
r 03
Z 9 13 o'OD A H L T S B C G GNXX
1
BODS 310 Y mgA
(�
2
COD High 340 mah
3
COD Low 335 mg/1
4
Coliform: MF Fecal 31616 /100ml
5
X
Coliform: MF Total 31504 1)f"Ylooml
6
CoIiform: Tube Fecal 31615 /loom]
7
Coliform: Fecal Strep 31673 /100ml
8
Residue Total500 ma/1
9
Volatile 505 mgA
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/I
13
Fixed 540 mg/1
14
PH 403 units
15
Acidity to pH 4.5 436 mg/l
15
Acidity to pH 8.3 435 mgA
17
Alkalinity to pH 8.3 415 mg/1
1s
Alkalinity to pH 4.5 410 mg/I
19
TO-C 690 mall
20
Turbidity 76 NTU
Chloride 940
ma/I
Chi a: Tri $2217
USA
Chi a: Corr 32209
ug/l
Pheophytin a 32213
ug/1
Color: True 80
Pt -Co
Color:(pH ) 83
ADMI
Color..pH 7.6 82
ADM]
Cyanide 720
mg/1
Fluoride 951
mg/I
Formaldehyde 71880
mg/1
`
Grease and Oils 5�5•^*
mg/I
a
Hardness Total
mgi�
Specific Cond_ 9 ''
uMh LL2
MBAS 38260
Phenols 32730
peg11J
Sulfate 945
F/mt+11
7 w
Sulfide 745 Vr--h0
tid
---------------
NH3 as N 610 mgA
THN as N 625 mgA
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mgA
PO4 as P 70507 mg/I
P: Dissolved as P 666 mg/l
CdCadmium 1027 u9A
CV-Chromium:Total1034 rtgA
ICU -Copper 1042 ugh
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ugA
Zn-Ztnc 1092 ug/1
Ag-Sflvet 1077 ugA
AhAluminum 1105 ugA
Be-Beryf]ium 1012 ugA
Ca -Calcium 916 mg/1
;Co -Cobalt 1037 ugh
Fe -Iron 1045 USA
Li -Lithium 1132 USA
Mg -Magnesium 927 mg/l
Mn-Manganese 1055 ug/1
Na-Sodium 929 mg/I
ArseniaTotai 1002 ag/I
Se -Selenium 1147 ugA
Mg -Mercury 71900 ug/1
Organochlorine Pesticides
O�pborus pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point X
Conductance at 25 C
ater Temperature 0
D.O. mg/I
pH
Alkalinity
Acidity
Air Temperature Ka
PH 83 pH 4.5
pH 4.5 pH 0.3
2
94
10
300 1
400 Is
822" 431
92249 182242
20
Salinity S
Precipition (In/day)
C1oad Cover X
Wind Direction Q)cg)
tm= Flow Seamy
Turbidity Severity
Wind Velocity MAH
can Stream Depth ft.
Stream Width ft.
480 '.
45
132
136 .
1351
1350
35
64
4
DMI./Revised 10/86

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COMPLAINT REPORT FORM
Date Received:
Complainant's Name:
Address & Phone No.:
Type of Complaints
Location of
Narrative:
Date Investigated: < gv
Investigator; �..
Samples Taken; Yes No '�
Narrative of Investigators Actions & Recommendations:
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31

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DIVISION OF ENVIRONMENTAL MANAGEMENT
July 20, 1983
MEMORANDUM
TO: File
THROUGH: M. J. Noland, Acting Regional Supervisor
Fayetteville Regional Office
FROM: Grady Dobson, Environmental Engineer JUL 2i l983
Fayetteville Regional Office A1 _t 1
ENV. tAANA\ -:MENT
SUBJECT;:' Hog Lagoon Complaint PAYETTEVILLr REG. OFFICE
— Beaverdam Community
Cumberland County
On June 7, 1983, the Cumberland County Health Department notified the
Fayetteville Regional Office that a hog lagoon in the Beaverdam Community
in Cumberland County was discharging into the State's surface waters. An
inspection of this facility by the writer revealed that the subject hog
waste stabilization lagoon did indeed have a discharge to a drainage ditch
which would eventually get into the surface waters.
The subject facility was owned by Hayne Hens Farm, Inc. The company
was issued a Notice of Non -Compliance on June 8, 1983 advising them of
the discharge and to make the necessary corrections to alleviate the discharge.
They were given until June 15, 1983 to reply. Mr. Charles Gardner, one of the
owners of Hayne Hens Farm, Inc., replyed to the Notice of Non -Compliance in a
letter dated June 9, 1983, stating that the appropriate corrections had been
made and that the lagoon no longer discharged into the State's surface waters.
On July 15, 1983, the writer made an inspection of the subject. ,The dike
had been repaired in a satisfactory manner and the wastewater is now confined
to the lagoon. Also, Mr. Gardner is in the process of setting up a portable
irrigation system to prevent future overflows. The area to be irrigated is
approximately 50 acres in size with a Coastal Bermuda cover crop. Mr. Gardner
indicated that with the irrigation system, a two foot freeboard could be maintained
in the subject hog waste lagoon.
It is the opinion of the writer that the subject discharge from the hog
waste lagoon has now been alleviated. The problem was resolved in a relatively
short period primarily due to the cooperation by Mr. Charles Gardner. There-
fore, it appears that no further action should be taken at this time.
GD/fbc #0

- s - • _ mil . •!- _ �.
• .any _r•. r �'. ; .,• _• -a ••. ` :-
'! DIVISION OF ZUVIF=aW'yAU.i MAGEHW '.
' a r ' , • Juana 0, •1983
CRATIrlm UM
I IV
' �.�' • C2rrarrles Gardnser ,. • . _ - - - - '.
Myna Lens
arm, Inc.
p
m - Antryvi.11e, -North .carolina 201a
ow AMC*
'•. •'r / o,. Rayne QZIPi ' oarm f
8at orrdam co 'ymitp
Cumberland county
a nAi 11rr. Gardner a
+' {' --,On Tuesday, ` June -7; 1983, ouk office iaoeive8 notification that :Yrourr- hog.
waste stabiliaation' lagoon vane .disclmrrging into Bovarrdam' Crreek in Cumberland
;County. AA `ix►vea gatiom of this corgplaint by Mr., Gra►d� bobsoin, Environmental
F rr�iaQar, f �'ay4e:tevi3.lm rza+3i.o3r►al office, aa�nfirme4 thatt3te ecrbjeat 'lagoon did.'
i~,ava a dischargs i`r to in'adjac+ant drainage I ditch which eventually flows into'
' Zeverdam . Crruak in the Cake Po*r River Basin.
Such -a 8lsaharga'in in direct violation of vaireioue portion* of North Carolina .
Lama", PtatU�*. 143.21 . Provisiono are made in- thin statute :for A isesswnt of
civil Qenalties. of ":;4, to , 510, 000 per day. parr disahi►rga. .
—'Provisions must imdiately be made to ge=anently elirminsto thixw dieaharge.
Tha iefore pioaao contact thin - office no later. than June 13, , 1903, as to. What,
stops' havae bean- taaken �-to elimbnat o the dieahaxge..
Please',be •advislad•.tha 'this letter is in. no W*Yr 4bsolvin9 Hayne Hans Farm,
Inc., of either damages which may occur as the result of this dischaxgac or of
tha respoadibility' ,fw diiaeharging without 'the appropriatre permit,' - timeliness,
in which this grcblem is resolved will be considered in snaking any' reco=endatiaus
-Por enforcement action..
- The sito incpeetion,alas,revedlad'that'the iubjent waste stabilization lagoon
had other potential discharge pointo. To prevent future similar oecurences, it
uoul.d bar .be'neftcialig the Bail Conscervat:ioi► _Sarrvica and/or Agricsul+tural Extension
ftkvice' wcrra3 eantaoted to provide ex.p erztise In rrepaiting the lagoon is' dike.

Mr: Charles Glaxftor
: .
.Tines .81-1903
dh mild you have any questiemu
.relyerd l . this matter,- tell vvee
to owtaat .
Smak
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 17, 1997
Mr. Herman Gardner
e Hens Farm PO BRECEIVED
PO Box 1049
Robeson, NC 28382
Nov z 4 1997
FAYETTEVILLE
REG. OFFICE
Dear Mr. Gardner,
Subject.
Retrofit of Swine Farm
Facility Number 26-6
Cumberland County
This letter is in response to your request to retrofit and relocate your swine facility in Cumberland County, Facility
Number 26-6. Documents that you provided to the Division of Water Quality (DWQ) show that you would like to
retrofit your swine facility and relocate the facility on the same tract of land. The DWQ has reviewed the documentation
and determined that this relocation may be considered a retrofit if the following two(2) conditions are met; 1) that the
population of the new facility does not increase beyond what was registered with the DWQ, and 2.) that the existing
facility is completely closed according to NRCS standards. The existing facility was registered with the DWQ for 650
sow, farrow to finish. Therefore the retrofitted facility as designed, and submitted, is not an increase in animal
population. The retrofitted animal waste management system must also be designed and constructed in accordance with
current NRCS standards, and meet the most recent setback conditions of the Swine Farm Siting Act.
You should be aware that the Division of Water Quality was not authorized to administer provisions of the Swine Farm
Siting Act, which gives certain rights and protections to persons owning property directly affected by its setbacks. The
interpretation given above reflects DWQ policies for administering our permitting program. if you have questions
regarding the Swine Farm Siting Act and neighboring properties, you should consider consulting private legal counsel.
Tf you have any comments or questions feel free to contact Sue Homewood of our staff at 919-733-5083 extension 502
or me at extension 528.
Sincerely,
Dennis R. Ramsey, Assistant Chief
Non -Discharge Branch
Cc; Fayetteville Regional Office
Cumberland County Division of Soil and Water District
Facility File
P.O. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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