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Division of Water Quality
Winston Salem Regional Office
585 Waughtown St.
Winston Salem, NC 27107
February 6, 2003
Mr. Warren Mincey, DC
Natural Resources Conservation Service
P. O. Box 96
Yanceyville, NC 27379
Warren:
Consistent with Anita LeVeaux's request that we meet on 2-6-03 to go over the terms of
the proposed consent.judgement order as it relates to Mr. Alvis Hodges and his facility, I
am requesting your assistance (NRCS) because of the proposed technical aspects that she
indicated that she wanted to discuss and include in that order.
It is my understanding that you will be available for this meeting and we can meet in
Winston. Yanceyville, or Raleigh. Please contact my office if you have questions.
Sincerely,
Melissa Rosebrock

Fwd: Re: Hodges info.
0 0
Subject: Fwd: Re: Hodges info.
Date: Thu, 16 Jan 2003 09:40:31 -0500 From: "Letitia DeHoney" <[e-mail]. state. nc.us>
To: <Melissa.Rosebrock @ncmail.net>
CC: "Janet Leach" <[e-mail]>
Attached is a copy of the Complaint and Injunctive Relief that was served upon Alvis Hodges Farm. The complaint was issued on December 10, 2002 and served
December 16. 2002. The Case No. is 02 CVS 433.
1 converted the document from Word Perfect to Word. If I recall correctly that is the software that your office uses.
If you need a hard copy, please advise.
Subject: Re: Hodges info.
Date: Thu, 16 Jan 2003 08:57:59 -0500
From: "Letitia DeHoney" <[e-mail]>
To: <[e-mail]>
I sent her a copy of the letter. I think she wants a copy of the Complaint and Motion for Injunctive Relief.
»> Melissa Rosebrock <Melissa. Rosebrock @ ncmail. net> 01/15/03 05:54PM »>
Janet,
Thanks for sending me a copy of Mr. Hodge's response letter dated
January 8, 2003. Could you also send me a copy of the document that Mr.
Hodges was served? I don't have a final copy of it yet. Thank you!
Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
Name: Hodges Complaint and
Motion for Injunctive
Relief(2).doc
Hodges Complaint and Motion for Injunctive Relief(2),doc Type: Winword File
(application/msword)
Encoding: basc64
Download Status: Not downloaded with
message
I of 1 1/16/2003 4:53 PM

•
7776 Highway 158 West, Yanceyville, NC 27379
Ms. Anita Leveaux
Assistant Attorney General
PO Box 629
Raleigh. NC 27602
Dear Ms. Leveaux;
� ANIA
Regional OfficM
January $, 2003
l want to thank you for your assistance in explaining the details of the Civil Summons
issued to me. 1 plan to cooperate with the State of North Carolina to correct deficiencies
found with my waste treatment system identified in the preliminary injunction.
would like to request that we work out a schedule for correction of these problems that
would be acceptable for ail parties involved.
Thank -you again for your assistance.
Sincceerre.11 ,
Alvis Hodges
Cc; Melissa Rosebrock, DEHNR
Warren Mincey, NRCS

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF CASWELL 2002 CVS
STATE OF NORTH CAROLINA, ex rel.
WILLIAM ROSS, Secretary of the North
Carolina Department of Environment and
Natural Resources, and ROY COOPER,
Attorney General,
Plaintiffs,
V.
ALVIS HODGES d/b/a ALVIS HODGES
FARM,
Defendant.
COMPLAINT AND MOTION FOR
INJUNCTIVE RELIEF
Plaintiff, State of North Carolina, complaining of the defendant, alleges and says:
PARTIES
1. Plaintiff is the sovereign State of North Carolina. The plaintiff brings this action
on its behalf and as parens patriae on behalf of all residents and citizens of the State of North
Carolina, especially those residing near or downstream of the defendant's farm. The Department
of Environment and Natural Resources (hereinafter "DENR" or the "Department"), is an agency
of the State established pursuant to the provisions of N.C.Gen. Stat. 143B-275, et sea., and is
vested with the statutory authority regarding protection of the environment invoked herein,
including laws enacted to protect the water quality of the State. Bill Holman is the Secretary of
DENR. This action is also being brought to abate public nuisances. N.C. Gen. Stat. § 114-1.1.
Roy Cooper Attorney General, is the elected legal officer of the State of North Carolina, and is
empowered to bring the common law nuisance claims contained herein on behalf of all residents
and citizens of the State.

•
• ' .
2. The defendant is Alvis Hodges who lives in and is a resident of Caswell County,
North Carolina. Alvis Hodges is the owner and previous operator of an inactive hog farm,
once a feeder to finish swine operation, located near his residence, 7776 Highway 158, 7.7 miles
west of Yanceyville, North Carolina.
JURISDICTION AND VENUE
3. The Superior Court has jurisdiction of this action for injunctive relief for existing
or threatened violations of various laws and rules which govern the protection of water
resources pursuant to N. C. Gen. Stat. §§ 7A-245 and 143-215.6C and North Carolina's
common law of public nuisance.
4. Caswell County is a proper venue for this action because the nuisance and
violations or threatened violations which are the subject of this action for injunctive relief have
i
occurred, are occurring, and may occur in Caswell County.
GENERAL ALLEGATIONS
Applicable Laws and Regulations
5. Article III, Section 7 of the Constitution of North Carolina, N.C. Gen. Stat. § 114-
1.1, and the common law, provides that the Attorney General is vested with common law powers
to have public nuisances abated.
6. Pursuant to N.C. Gen. Stat. § 143-215.3(a)(1), the Environmental Management
Commission CEMC" or the "Commission") has the power "[t]o make rules implementing
Articles 21, 21A, 21B or 38 of this Chapter." These statutes, and the rules adopted under them,
are designed to further the public policy of the State, as declared in N.C. Gen. Stat. § 143-211,
"to provide for the conservation of its water and air resources ... [and], within the context of

this Article [21] and Articles 21A and 21B of this Chapter [1431, to achieve and to maintain for
the citizens of the State a total environment of superior quality."
7. N.C. Gen. Stat. § 143-211 further provides that "[standards of water and air purity
shall be designed to protect human health, to prevent injury to plant and animal life, to prevent
damage to public and private property, to insure the continued enjoyment of the natural
attractions of the State, to encourage the expansion of employment opportunities, to provide a
permanent foundation for healthy industrial development and to secure for the people of North
Carolina, now and in the future, the beneficial uses of these great natural resources]."
8. Pursuant to N.C. Gen. Stat. § 143-215.10C, no person can construct or operate an
animal waste management system for an animal operation without first obtaining either an
individual permit or a general permit from the EMC. The EMC is required to develop a system
of individual and general permits for animal operations based on species, number of animals and
other relevant factors.
9. The Commission has developed a general permit for swine operations. An
applicant for a general permit must apply in writing and include with the application an animal
waste management system plan approved by a technical specialist.
10. Pursuant to its authority in N.C. Gen. Stat. § 143-215.3(a)(4) to delegate such of
its powers as it deems necessary, the Commission has delegated the authority to issue individual
non -discharge permits and certificates of coverage under the animal waste management system
general permit to the Director of the Department's Division of Water Quality ("DWQ"). 15A
NCAC 2H.0209.
3

11. N.C. Gen. Stat. § 143-215.1 requires a permit from the Commission before any
person can "cause or permit any waste, directly or indirectly, to be discharged to or in any
manner intermixed with the waters of the State in violation of the water quality standards
applicable to the assigned classifications ... unless allowed as a condition of any permit,
special order or other appropriate instrument issued or entered into by the Commission under the
provisions of this Article [Article 21 of Chapter 143 of the General Statutes]." N.C. Gen. Stat.
§ 143-215.1(a)(1) and (6).
12. Furthermore, rules adopted by ttie EMC at sub chapter 2H.0200' of Title 15A of
the North Carolina Administrative Code establish the requirements and ' procedures for
application and issuance of permits for waste disposal systems which do not discharge to the
surface waters of the State, including, among others, animal waste management systems. These
rules (the "non -discharge rules") are attached hereto as Exhibit "1" and are incorporated herein
by reference.
13. The Administrative Code defines animal waste management system as "a
combination of structural and nonstructural practices which will properly collect, treat, store or
apply animal waste to the land such that no discharge of pollutants occurs to surface waters of
the state by any means except as a result of a storm event more severe than the 25-year, 24 hour
storm." 15A NCAC 2H.0203(3).
14. Prior to the enactment of the general permit requirement in N.C. Gen. Stat. § 143-
215.10C(a), the non discharge rules allowed new and expanded animal waste management
systems to be "deemed permitted" pursuant to N.C. Gen. Stat. §143-215.1(d); no individual
permit was required if the system was one from which waste did not reach the surface waters by
4

runoff, drift, direct application or direct discharge during operation or land application and
certain criteria, including preparation of an animal waste management plan, was met. 15A
NCAC 2H.0217(a)(1). Hereinafter, this regulatory permit is described as a "2H.0217 permit."
The type of animal waste management system that was "deemed permitted" by these rules is a
system in which the waste is collected in holding lagoons, where it is treated by bacteria for a
period of time, and then sprayed onto fields where an established crop of plants, with known
nutrient uptake capacity, takes up the nutrients in the waste. The crop is then harvested and
removed from the site. This type of system prevents the discharge of pollutants into the waters
of the state.
15. Pursuant to these non discharge rules, animal waste management systems that were
in operation on the effective dates of the rules, February 1, 1993, were required to submit a
registration form to the DWQ by December 31, 1993. 15A NCAC 2H.0217(c). Such existing
animal waste management systems were not required to submit an animal waste management
plan until December 31, 1997. 15A 2H.0217(a)(1)(E).
16. An "`existing animal waste management system' means any animal waste
management system which:
(a) was completed and was being operated on the effective date of this Rule,
(b) serves a feedlot stocked with animals after the effective date of this Rule and
has been deemed permitted pursuant to 15A NCAC 2H.0217(a)(1), or
(c) serves a feedlot that has been abandoned or unused for a period of less than
four years. 15A NCAC 2H.0203(14)
5

17. N.C. Gen. Stat. § 143-215.10C provides that Animal waste management plans
shall include, among others, the following components: (e) "(4) Provisions regarding best
management practices for riparian buffers or equivalent controls, particularly • along perennial
streams. (5) Provisions regarding the use of emergency spillways and site -specific emergency
management plans that set forth operating procedures to follow during emergencies in order to
minimize the risk of environmental damage. (8) Provisions regarding the completion and
maintenance of records on forms . .. which records shall include information addressed in
subdivisions (5) and (7) of this subsection ... and shall be made available upon request by the
Department.
18. An existing system "deemed permitted" under 15A 2H.0217(a)(1)(D) may be
required to apply for and receive an individual non discharge permit from DWQ if the system is
determined to have an adverse impact on water quality.
19. An approved animal waste management plan must contain the animal waste
management practices or combination of practices which are selected to comprise a plan for a
specific feedlot. 15A NCAC 2H.0217(a)(1)(H)(I).
20. The animal waste management plan must be certified by a technical specialist
designated by the Soil and Water Conservation Commission. 15A NCAC 2H.0217(a)(1)(H)(I).
21. The technical specialist's Certificate must be filed with the DWQ. NCAC
2H.0217(a)(1)(H)(ii).
22. Pursuant to 15A NCAC 2H.0217(d), failure to obtain approval of a management
plan by December 31, 1997 shall result in appropriate enforcement actions being initiated or the
facility being required to apply for and receive an individual non discharge permit.
2

of the State upon the relation of the Department for injunctive relief to restrain the violation or
threatened violation ... "
27. That section further provides that "[u]pon a determination by the court that the
alleged violation of the provisions of this Part or the regulations of the Commission has occurred
or is threatened, the court shall grant the relief necessary to prevent or abate the violation or
threatened violation." N.C. Gen. Stat. § 143-215.6C.
28. Additionally, the section provides that "(n]either the institution of the action nor
any of the proceedings thereon shall relieve any party to such proceedings from any penalty
prescribed for violation of this Part." N.C. Gen. Stat. § 143-215.6C.
29. Under the common law of North Carolina, the Attorney General has the power
and authority to file a civil action on behalf of the citizens of the State to abate a public nuisance
affecting the public health, safety or welfare.
Factual Allegations
30. Alvis Hodges owns but no longer operates what was formerly a feeder to finish
swine farm operation, known as the Alvis Hodges Farm ("Farm"), which is located in Caswell
County about seven and a half miles west of Yanceyville. The Farm has a design capacity of
1,300 feeder to finish swine. Located on the Farm are several hog houses and an animal waste
management system which consist of a dam bordering two holding structures (the upper is 'a
waste holding structure and the lower is a waste storage lagoon sharing a common dam, a
"staged system"). The upper waste holding structure has an estimated volume of 12.6 acre feet,

23. According to Senate Bill 1217, which was ratified on June 21, 1996, the EMC
may enter into a special agreement with facilities that did not meet the December 31, 1997-
deadline for obtaining a certified animal waste management plan. The authority to issue,
modify, and deny special agreements were delegated to the Director of the DWQ on July 9,
1998. These special agreements may only be issued to facility owners that signed up for
assistance with the local Soil and Water Conservation District Office by September 1, 1996, and
can demonstrate that they made a good faith effort to meet the December 31, 1997-deadline. The
special agreement, if issued, would contain a specific schedule for the facility to follow to
develop and/or implement an approved animal waste management plan.
24. Each certified animal facility in the State is required to have an Emergency
Action Plan. The Plan states that in the event of an emergency, such as a discharge, the owner of
the facility is required to notify the DWQ within 24 hours of the discovery of the emergency
situation.
25. The non discharge rules provide that none of the regulations shall be deemed to
allow violation of any assigned water quality standard and any such violation shall be considered
a violation of a condition of a permit. NCAC 15A 2H.0217(f).
26. Pursuant to N.C. Gen. Stat. § 143-215.6C, "[w]henever the Department has
reasonable cause to believe that any person has violated or is threatening to violate any of the
provisions of this Part [Part 1, Article 21, of the North Carolina General Statutes], any of the
terms of any permit issued pursuant to this Part, or a rule implementing this Part," the
Department is authorized to "request the Attorney General to institute a civil action in the name
7

pipe was in need of repair jeopardizing the integrity of the waste lagoon due to excessive inflow
of rain. (2) A large tree with a trunk diameter of at least 12 inches of the northwest side of the
upper waste holding structure needed to be cut. Large groundhog holes needed to be repaired.
36. On May 23, 2000, DENR received a complaint about the Farm. Melissa
Rosebrock, an environmental specialist, inspected the Farm and determined that animal waste
had bypassed the waste storage lagoon and entered the waters of the State. Waste was observed
discharging through the concrete sections of the south wall of the hog house and from holes
located on the west wall of the hog house. The Farm's waste management system was in need
of maintenance. Ms. Rosebrock made the Defendant aware of the Farm's problems.
37. On June 5, 2000, a NOV/Recommendation for Enforcement was issued. The
NOV noted the May 23, 2000 observed violations including the fact that the discharged waste
killed a path of vegetation downhill, approximately 20' wide into a spring,. "waters of the State."
The spring feeds into a tributary to Hostler Branch, a class WS-II water located in the Roanoke
River Basin. Waste had also discharged from the west end of the swine barn. A water pipe had
broken under the barn contributing to the overflow. Upon information and belief, all hogs had
been removed three weeks earlier.
38. The June 5, 2000 NOV also noted that the Defendant failed to notify DENR of the
discharge, in violation of the Farm's Waste Utilization Plan attached hereto and incorporated
herein as Exhibit "2".
39. On June 12, 2000, Defendant sent a letter, attached hereto and incorporated herein
as Exhibit "3", acknowledging the violations and indicating among other things that the large
10

and the dam is 81 feet from an unnamed tributary to Hostler Branch (Class WS-11) which flows
into Farmer Lake, the water supply for Yanceyville.
31. Alvis Hodges was deemed permitted on February 1, 1993 in accordance with
15A NCAC 2H.0217. The Farm continues to be an existing certified animal facility, also
known as an animal waste management system. An approved animal waste management plan is
required by 15A NCAC 2H.0217 as a condition of being deemed permitted.
32. On August 25, 1999, a representative of the DWQ, Winston-Salem Regional
Office ("WSRO"), inspected the Farm and reported to DWQ that he had observed waste
structures that needed maintenance as brush and trees on the embankment jeopardized the dam's
integrity. Animal burrows were noted in the dam or the southwestern corner of the upper waste
holding structure.
33. On November 12, 1999, the Caswell Soil and Water Conservation District
inspected the site and noted that the dam needed to be reseeded on the lower lagoon.
34. On March 29, 2000, Melissa Rosebrock, an Environmental Specialist with DWQ
of DENR made a compliance inspection of the Farm and saw numerous violations, including
violations of the Waste Utilization Plan, including the following: (1) Waste structures needed
maintenance/improvements, i.e., a large tree on the embankment of the upper waste holding
structure needed to be cut, large groundhog holes needed to be repaired in the embarkment of
the upper waste holding structure and downside slope side of the lower lagoon dam needed to be
reseeded. Missing was waste analysis records and soil analysis data.
35. On April 14, 2000, a Notice of Violation ("NOV") was issued noting the
following violations of law and the General Permit: (1) An exposed section of damaged waste
0

trees and brush along the dam would be cut and that the animal burrows and ground hog holes
would be repaired.
40. On December 5, 2000, a representative with the Natural Resources Conservation
Service ("NRCS"), inspected the site and observed groundhog holes in the upper waste holding
structure.
41. During a routine inspection, on February 8, 2001, Ms. Rosebrock again observed
large burrow holes on the stream side of the dam of the upper waste holding structure. This
presented an immediate threat to the integrity of the dam. The Defendant was,apprized of the
problem and told that the dam needed to be immediately repaired.
42. On February 13, 2001, another NOV was issued. The NOV noted not only the
immediate threat to the integrity of the dam of the upper waste holding structure but the potential
for the failure of the dam in the future. Additionally, the area around the dam of the upper waste
holding structure had excessive trees and vegetation.
43. On March 20, 2001, DENR's Division of Land Resources performed an
inspection at the request of DENR's Division of Water Quality. The inspection noted the
presence of several active burrows throughout the entire downstream slope of the dam of the
upper waste holding structure. Inactive burrows were noted at the top of the dam and on the
downstream slope.
44. On November 27, 2001, during a routine NRCS operation review that agency
found that the upper waste holding structure no longer meets NRCS standards due to large trees
and animal burrow holes in the dam area.
11

1J
45. On August 1, 2002, Ms. Rosebrock inspected the Farm and found a number of
persisting problems: (1) large trees in the dam of the upper waste holding structure and the
waste storage lagoon; (2) burrow holes on the stream side of the dam continued to present an
immediate threat to the integrity of the dam; (3) excessive vegetation around the lagoon impeded
the inspection of the lagoon's marker and spillway; (4) the facility has not been operational since
animals were removed in April of 2000; and six active groundhog holes on the dam of the upper
waste holding structure, threaten the waste storage lagoon's integrity at the south and southwest
areas. The burrow holes are approximately 4-6 inches in diameter and range from 12-18 inches
deep into the dam. One burrow hole is greater than four feet deep.
46. The dam's failure could result in a catastrophic discharge of a large amount of
the waste into an unnamed tributary ("UT") to Hostler Branch (WSfl), the State's surface
waters. The UT is only eighty-one feet from the corner of the upper holding pond. Hostler
Branch eventually flows into Farmer Lake, six miles downstream. Farmer Lake is the water
supply for the town of Yanceyville.
47. On 11/20/02 Mr. Rocky Durham with the Division of Soil and Water
Conservation inspected the Alvis Hodges Farm and observed that the waste in the lower waste
storage lagoon was four inches above the maximum liquid level and was only approximately ten
inches below the spillway on the lower dam. Mr. Durham spoke to the defendant and instructed
him to land apply the waste as soon as possible. Mr. Durham also told the defendant that since
the freeboard was so high that he was going to prepare a "Notice of Referral" to the DWQ,
WSRO.
48. Also on 11/20/02 Mr. Durham discovered a hole, located between the two swine
12

houses on the east side of the Farm's driveway, which was allowing freshwater to enter a flush
pipe, and then discharging into the upper waste holding structure.
49. On information and belief, the defendant fails to have components of the Certified
Animal Waste Management Plan readily available, the checklists, waste utilization plan,
designs, etc. In spite of repeated requests, the defendant has failed to make the documents
available on March 29, 2000, February 8, 2001 and August 1, 2002. The defendant has failed
to provide the State with any plan for bringing the Farm into compliance with the law, e.g., by
eliminating the large trees and burrows on and around the dam in an environmentally safe
manner acceptable to the State and under the Court's supervision.
FIRST CLAIM FOR RELIEF
50. The allegations contained in paragraphs 1 through 49 are incorporated into this
claim for relief as if fully set forth herein.
51. Defendant's Certified Animal Waste Management Plan ("CAWMP") and the
deemed permitted statuses require proper maintenance of the Farm, particularly in the areas
around the holding structures. The stability of the dam and the surrounding areas have been
called into question by the animal burrows into the wall of the dam. Accordingly, at risk is the
structural integrity of the waste holding structure and the waste storage lagoon. The Farm is in
violation of the State's water quality laws and administrative rules, its CAWMP and its deemed
permitted status because the defendant, inter alia, (1) failed to maintain the dam and the
surrounding areas, (2) failed to provide records of its operations, (2) discharged wastewater from
its hog house and maintained and continues to maintain its lagoon, by allowing the animal
burrows and large trees to persist, in a condition which poses a serious threat of future
13

•
discharges of swine waste into the waters of the State, and (3) failed to notify the State of past
discharges when they occurred as required by its CAWMP and General Permit, (4) failed to
abide by the Operation and Maintenance Plan (paragraph numbers 5 and b), (5) failed to abide by
the "required specifications" of paragraph numbers 17 and 18 of the CAWMP signed December
17, 1997.
52. The active and inactive animal burrows, several four to six inches in diameter and
extending from one to four feet into the lagoon's and/or waste holding structure wall, in
violation of State laws, poses a serious threat of rupture of their structure and the discharge of
animal waste into the waters of the State unless immediate corrective action is taken. The risk of
such a discharge increases as the weather changes with the risks of further deterioration and
more water is added to the lagoon. Such a discharge would cause immediate and irreparable
injury and damage to the water quality of the State and the water supply for the town of
Yanceyville. For these reasons, the State is entitled to preliminary, and subsequent permanent,
injunctive relief that compels the defendant to bring its Farm into compliance with the law.
N.C. Gen. Stat. § 143-215.6C.
53. The Court should order the defendant to immediately eliminate the active and
inactive animal burrows on the Farm located around and along the back of the dam, the holding
pond and the lagoon. Eliminating the burrows and the large trees may require the closing of the
lagoon and the holding pond. Accordingly, the defendant should apply for funding for a lagoon
closure as soon as possible; cease violating the State's water quality laws and administrative
rules, its CAWMP and Deemed Permit.
SECOND CLAIM FOR RELIEF
14

54. The allegations contained in paragraphs 1 through 53 are incorporated into this
claim for relief as if fully set forth herein.
55. The active and inactive animal burrows and large trees on the Farm located
around and along the back of the dam, the holding pond and the lagoon presents and continues
to present: (a) serious danger to the public health, safety and welfare of the people of North
Carolina; and (b) serious harm to the land and water resources of the State, thereby constituting a
public nuisance. Such operation should be stopped until the nuisance has been abated.
PRAYER FOR RELIEF
WHEREFORE, the plaintiff, State of North Carolina, prays that the Court grants to it the
following relief:
1. That the Court accept this verified complaint as an affidavit upon which to base
orders of the Court.
2. That the Court enters a preliminary injunction ordering defendant to:
(A) prevent any further discharge of animal waste or wastewater from
the Farm;
(B) immediately repair all active and inactive burrows and remove any large
trees greater than 6"on the Farm at the back of the dam, the holding pond
and the lagoon;
(C) eliminate the Farm's large trees and the burrows around and on the dam;
and around the holding pond and the lagoon.;
(D) immediately repair the flush pipe described in paragraph 48;
15

(E) immediately pump the lower waste storage lagoon and immediately land
apply to a receiving crop;
(F) require the defendant to come into full compliance with the law, its
CAWMP and General Permit; and
(G) within 24 hours of the entry of the preliminary injunction, file with the
Court an initial plan of action, acceptable to the State, which sets forth a
timetable for the completion of (a), (b), (c) and (d).
3. That the Court enters a permanent injunction requiring the defendant to eliminate
the large trees and the active and inactive burrows so as to bring the Farm into full
compliance with the State's water quality laws and defendant's certified animal
waste management plan and General Permit; and, if the defendant chooses not to
eliminate the burrows and remove the large trees, that the Court order defendant
to close its lagoon under the Court's supervision in accordance with the Natural
Resources Conservation Service standards for lagoon closure referenced in
Paragraph V (7) of the General Permit pursuant to further orders of the Court;
4. That the Court retains continuing jurisdiction of this case until all provisions of its
orders are carried out;
5. That any preliminary injunction, and any subsequent permanent injunction issued
by the Court shall be enforceable by and through the contempt powers of this
Court, pursuant to Chapter 5A of the North Carolina General Statutes;
6. That the costs of this action, including attorney fees, if allowable, are taxed
against the defendant;
16

! 0
7. That this Court grants such other and further relief as the Court shall deem to be
just and proper.
Respectfully submitted, this the day of December, 2002.
ROY COOPER
Attorney General
Anita LeVeaux, Assistant Attorney General
N.C. Department of Justice
Environment Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
Bar No. 13667
17

STATE OF NORTH CAROLINA
COUNTY OF FORSYTH
VERIFICATION
I, MELISSA ROSEBROCK, being duly sworn, depose and say that I am an
Environmental Engineer in the Winston-Salem Regional Office of the Division of Water Quality
of the North Carolina Department of Environment and Natural Resources; that I am authorized to
make this verification; that I have read the foregoing Complaint and that I am acquainted with
the facts' and circumstances alleged therein; that they are true and accurate to my knowledge,
except as to those matters alleged on information and belief, and, as to those matters, I believe
them to be true.
Specialist.
Subscribed and sworn to before me
this the _ day of , 2002.
Notary Public
My Commission Expires:
(SEAL)
18
Melissa Rosebrock, Environmental

i
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF CASWELL 2002 CVS
STATE OF NORTH CAROLINA, ex rel.
WILLIAM ROSS, Secretary of the North
Carolina Department of Environment and
Natural Resources, and ROY COOPER,
Attorney General,
Plaintiffs,
V.
ALVIS HODGES d/b/a ALVIS HODGES
FARM,
Defendant.
COMPLAINT AND MOTION FOR
INJUNCTIVE RELIEF
Plaintiff, State of North Carolina, complaining of the defendant, alleges and says:
PARTIES
1. Plaintiff is the sovereign State of North Carolina. The plaintiff brings this action on
its behalf and as parens patriae on behalf of all residents and citizens of the State of North Carolina,
especially those residing near or downstream of the defendant's farm. The Department of
Environment and Natural Resources (hereinafter "DENR" or the "Department"), is an agency of the
State established pursuant to the provisions of N.C.Gen. Stat. 143B-275, et seq., and is vested with
the statutory authority regarding protection of the environment invoked herein, Oncluding laws
enacted to protect the water quality of the State. Bill Holman is the Secretary of DENR. This action
is also being brought to abate public nuisances. N.C. Gen. Stat. § 114-1.1. Roy Cooper Attorney
General, is the elected legal officer of the State of North Carolina, and is empowered to bring the
common law nuisance claims contained herein on behalf of all residents and citizens of the State.
2. The defendant is Alvis Hodges who lives in and is a resident of Caswell County,
North Carolina. Alvis Hodges is the owner and previous operator of an inactive hog farm, once

a feeder to finish swine operation, located near his residence, 7776 Highway 158, 7.7 miles west of
Yanceyville, North Carolina.
JURISDICTION AND VENUE
3. The Superior Court has jurisdiction of this action for injunctive relief for existing or
threatened violations of various laws and rules which govern the protection of water resources
pursuant to N. C. Gen. Stat. §§ 7A-245 and 143-215.6C and North Carolina's common law of
public nuisance.
4. Caswell County is a proper venue for this action because the nuisance and violations
or threatened violations which are the subject of this action for injunctive relief have occurred, are
occurring, and may occur in Caswell County.
GENERAL ALLEGATIONS
Applicable Laws and Regulations
5. Article III, Section 7 of the Constitution of North Carolina, N.C. Gen. Stat. § 114-1.1,
and the common law, provides that the Attorney General is vested with common law powers to have
public nuisances abated.
6. Pursuant to N.C. Gen. Stat. § 143-215.3(a)(1), the Environmental Management
Commission ("EMC" or the "Commission") has the power "[t]o make rules implementing Articles
21, 21A, 21B or 38 of this Chapter." These statutes, and the rules adopted under them, are designed
to further the public policy of the State, as declared in N.C. Gen. Stat. § 143-211, "to provide for
the conservation of its water and air resources ... [and], within the context of this Article [21] and
Articles 21A and 21B of this Chapter [143], to achieve and to maintain for the citizens of the State
a total environment of superior quality."
`, 2

7. N.C. Gen. Stat. § 143-211 further provides that "[standards of water and air purity
shall be designed to protect human health, to prevent injury to plant and animal life, to prevent
damage to public and private property, to insure the continued enjoyment of the natural attractions
of the State, to encourage the expansion of employment opportunities, to provide a permanent
foundation for healthy industrial development and to secure for the people of North Carolina, now
and in the future, the beneficial uses of these great natural resources]."
8. Pursuant to N.C. Gen. Stat. § 143-215.10C, no person can construct or operate an
animal waste management system for an animal operation without first obtaining either an individual
permit or a general permit from the EMC. The EMC is required to develop a system of individual
and general permits for animal operations based on species, number of animals and other relevant
factors.
9. The Commission has developed a general permit for swine operations. An applicant
for a general permit must apply in written � d include with the application an animal waste
management system plan,, pp� roved by a technical specialist.
10. Pursuant to its authority in N.C. Gen. Stat. § 143-215.3(a)(4) to delegate such of its
powers as it deems necessary, the Commission has delegated the authority to issue individual non -
discharge permits and certificates of coverage under the animal waste management system general
permit to the Director of the Department's Division of Water Quality ("DWQ"). 15A NCAC
2H.0209.
11. N.C. Gen. Stat. § 143-215.1 requires a permit from the Commission before any
person can "cause or permit any waste, directly or indirectly, to be discharged to or in any manner
intermixed with the waters of the State in violation of the water quality standards applicable to the
3

assigned classifications ... unless allowed as a condition of any permit, special order or other
appropriate instrument issued or entered into by the Commission under the provisions of this Article
[Article 21 of Chapter 143 of the General Statutes]." N.C. Gen. Stat. § 143-215.1(a)(1) and (6).
12. Furthermore, rules adopted by the EMC at sub chapter 2H.0200 of Title 15A of the
North Carolina Administrative Code establish the requirements and procedures for application and
issuance of permits for waste disposal systems which do not discharge to the surface waters of the
State, including, among others, animal waste management systems. These rules (the "non -discharge
rules") are attached hereto as Exhibit "i " and are incorporated herein by reference.
13. The Administrative Code defines animal waste management system as "a
combination of structural and nonstructural practices which will property collect, treat, store or apply
animal waste to the land such that no discharge of pollutants occurs to surface waters of the state by
any means except as a result of a storm event more severe than the 25-year, 24 hour storm." 15A
NCAC 2H.0203(3).
14. Prior to the enactment of the general permit requirement in N.C. Gen. Stat. § 143-
215.1OC(a), the non discharge rules allowed new and expanded animal waste management systems
to be "deemed permitted" pursuant to N.C. Gen. Stat. § 143-215.1(d); no individual permit was
required if the system was one from which waste did not reach the surface waters by runoff, drift,
direct application or direct discharge during operation or land application and certain criteria,
including preparation of an animal waste management plan, was met. 15A NCAC 2H.0217(a)(1).
Hereinafter, this regulatory permit is described as a "211.0217 permit." The type of animal waste
management system that was "deemed permitted" by these rules is a system in which the waste is
collected in holding lagoons, where it is treated by bacteria for a period of time, and then sprayed
In

0
n
11 u
onto fields where an established crop of plants, with known nutrient uptake capacity, takes up the
nutrients in the waste. The crop is then harvested and removed from the site. This type of system
prevents the discharge of pollutants into the waters of the state.
15. Pursuant to these non discharge rules, animal waste management systems that were in
operation on the effective dates of the rules, February 1, 1993, were required to submit a registration
form to the DWQ by December 31, 1993. 15A NCAC 2H.0217(c). Such existing animal waste
management systems were not required to submit an animal waste management plan until December
31, 1997. 15A 2H.0217(a)(1)(E).
16. An "`existing animal waste management system' means any animal waste
management system which:
(a) was completed and was being operated on the effective date of this Rule,
(b) serves a feedlot stocked with animals after the effective date of this Rule and tB
been deemed permitted pursuant to 15A NCAC 2H.0217(a)(1), or
(c) serves a feedlot that has been abandoned or unused for a period of less than
four years. 15A NCAC 2H.0203(14)
17. N.C. Gen. Stat. § 143-215.10C provides that Animal waste management plans shall
include, among others, the following components: (e) "(4) Provisions regarding best management
practices for riparian buffers or equivalent controls, particularly along perennial streams. (5)
Provisions regarding the use of emergency spillways and site -specific emergency management plans
that set forth operating procedures to follow during emergencies in order to minimize the risk of
environmental damage. (8) Provisions regarding the completion and maintenance of records on
5

r
forms ... which records shall include information addressed in subdivisions (6) and (7) of this
subsection ... and shall be made available upon request by the Department.
18. An existing system "deemed permitted" under 15A 2H.0217(a)(1)(D) may be
required to apply for and receive an individual non discharge permit from DWQ if the system is
determined to have an adverse impact on water quality.
19. An approved animal waste management plan must contain the animal waste
management practices or combination of practices which are selected to comprise a plan for a
specific feedlot. 15A NCAC 2H.0217(a)(1)(H)(1).
20. The animal waste management plan must be certified by a technical specialist
designated by the Soil and Water Conservation Commission. 15A NCAC 2H.0217(a)(1)(H)(I).
21. The technical specialist's Certificate must be filed with the DWQ. NCAC
2H.0217 (a) (1)(H)(ii).
22. Pursuant to 15A NCAC 2H.0217(d), failure to obtain approval of a management plan
by December 31, 1997 shall result in appropriate enforcement actions being initiated or the facility
being required to apply for and receive an individual non discharge permit.
23. According to Senate Bill 1217, which was ratified on June 21, 1996, the EMC may
nter into a special agreement with facilities that did not meet the December 31, 1997-deadline for
taining a certified animal waste management plan. The authority to issue, modify, and deny
ecial agreements w� delegated to the Director of the DWQ on July 9, 1998. These special
reements may only be issued to facility owners that signed up for assistance with the local Soil and
o� ater Conservation Distract Office by September 1, 1996, and can demonstrate that they made a
ood faith effort to meet the December 31, 1997-deadline. The special agreement, if issued, would
6

0 i
contain a specific schedule for the facility to follow to develop and/or implement an approved animal
waste management plan.
24. Each certified animal facility in the State is required to have an Emergency Action
Plan. The Plan states that in the event of an emergency, such as a discharge, the owner of the facility
is required to notify the DWQ within 24 hours of the discovery of the emergency situation.
25. The non discharge rules provide that none of the regulations shall be deemed to allow
violation of any assigned water quality standard and any such violation shall be considered a
violation of a condition of a permit. NCAC 15A 2H.0217(f).
26. Pursuant to N.C. Gen. Stat. § 143-215.6C, "[w]henever the Department has
reasonable cause to believe that any person has violated or is threatening to violate any of the
provisions of this Part [Part 1, Article 21, of the North Carolina General Statutes], any of the terms
of any permit issued pursuant to this Part, or a rule implementing this Part," the Department is
authorized to "request the Attorney General to institute a civil action in the name of the State upon
the relation of the Department for injunctive relief to restrain the violation or threatened violation
27. That section further provides that "[u]pon a determination by the court that the
alleged violation of the provisions of this Part or the regulations of the Commission has occurred or
is threatened, the court shall grant the relief necessary to prevent or abate the violation or threatened
violation." N.C. Gen: Stat. § 143-215.6C.
28. Additionally, the section provides that "[n]either the institution of the action nor any
of the proceedings thereon shall relieve any party to such proceedings from any penalty prescribed
for violation of this Part." N.C. Gen. Stat. § 143-215.6C.
7

29. Under the common law of North Carolina, the Attorney General has the power and
authority to file a civil action on behalf of the citizens of the State to abate a public nuisance
affecting the public health, safety or welfare.
Factual Allegations
30. Alvis Hodges owns but no longer operates what was formerly a feeder to finish
swine farm operation, known as the Alvis Hodges Farm ("Farm"), which is located in Caswell
County about seven and a half miles west of Yanceyville. The Farm has a design capacity of 1,300
feede0to finish swine. Located on the Farm are several hog houses and an animal waste
management system which consist of a dam bordering two holding structures (the upper is a waste
holding structure and the lower is a waste storage lagoon sharing a common dam, a "staged system")
The upper waste holding structure has an estimated volume of 12.6 acre feet, and the dam is 81 feet
from an unnamed tributary to Hostler Branch (Class WS-IT) which flows into Farmer Lake, the water
supply for Yanceyville.
31. Alvis Hodges was deemed permitted on February 1, 1993 in accordance with 15A
NCAC 2H.0217. The Farm continues to be an existing certified animal facility, also known as an
animal waste management system. An approved animal waste management plan is required by 15A
NCAC 2H.0217 as a condition of being deemed permitted.
32. On August 25, 1999, a representative of the DWQ, Winston-Salem Regional Office
wa 40-
("WSRO"), inspected the Farm and reported to DWQ that he had observeA structures that needed
maintenance as brush and trees on the embankment jeopardized the dam's integrity. Animal burrows
were noted in the dam or the southwestern corner of the upper waste holding structure.
N.

•
33. On November 12, 1999, the Caswell Soil and Water Conservation District inspected
the site and noted that the dam needed to be reseeded on the lower lagoon.
34. On March 29, 2000, Melissa Rosebrock, an Environmental Specialist with DWQ of
DENR made a compliance inspection of the Farm and saw numerous violations, including violations
of the Waste Utilization Plan, including the following: (1Structures needed
maintenance/improvements, i.e., a large tree on the embankment of the upper waste holding
structure needed to be cut, large groundhog holes needed to be repaired in the embarkment of
the upper waste holding structure and downside slope side of the lower lagoon dam needed to be
reseeded. Missing was waste analysis - d soil analysis data.
35. On April 14, 2000, a sued noting the following violations of law and the
General Permit: (1) An exposed section of damaged waste pipe was in need of repair jeopardizing
the integrity of the waste lagoon due to excessive inflow of rain. (2) A large tree with a trunk
diameter of at least 12 inches of the ngrthwest side of the upper waste holding structure needed to
be cut. Large groundhog holes needed to be repaired.
36. On May 23, 2000, DENR received a complaint about the Farm. Melissa Rosebrock,
an environmental specialist, inspected the Farm and determined that animal waste had bypassed the
waste storage lagoon and entered the waters of the State. Waste was observed discharging through
the concrete sections of the south wall of the hog house and from holes located on the west wall of
the hog house. The Farm's waste management system was in need of maintenance. Ms. Rosebrock
made the Defendant aware of the Farm's problems.
NOV
37. On June 5, 2000, a ecommendation for Enforcement ("NOV")
was issued. The NOV noted the May 23, 2000 observed violations including the fact that the

discharged waste killed a path of vegetation downhill, approximately 20' wide into a spring, "waters
of the State." The spring feeds into a tributary to Hostler Branch, a class WS-11 water located in the
Roanoke River Basin. Waste had also discharged from the west end of the swine barn. A water pipe
I
had broken under the barn contributing to the overflow. Upon information and belief, all hogs had
been removed three weeks earlier.
38. The June 5, 2000 NOV also noted that the Defendant failed to notify DENR of the
discharge, in violation of the Farm's Certified Animal Waste Management Flan attached hereto and
incorporated herein as Exhibit "2".
39. On June 12, 2000, Defendant sent a letter, attached hereto and incorporated herein
as Exhibit "3", acknowledging the violations and indicating among other things that the large trees
and brush along the dam would be cut and that the animal burrows and ground hog holes would be
repaired.
40. On December 5, 2000, a representative with the Natural Resources Conservation
Service ("NRCS"), inspected the site and observed groundhog holes in the upper waste holding
structure.
41. During a routine inspection, on February 8, 2001, Ms. Rosebrock observed large
burrow holes on the stream side of the darn of the upper waste holding structure. This presented an
immediate threat to the integrity of the dam. The Defendant was apprized of the problem and told
that the dam needed to be immediately repaired.
42. On February 13, 2001, another NOV was issued. The NOV noted not only the
immediate threat to the integrity of the dam of the upper waste holding structure but the potential for
10

the failure of the dam in the future. Additionally, the area around th(�`upper waste holding structure
ok4t, au�had excessive trees and vegetation.
43. On March 20, 2001, DENR's Division of Land Resources performed an inspection
at the request of DENR's Division of Water Quality. The inspection noted the presence of several
active burrows throughout the entire downstream slope of the dam of the upper waste holding
structure. Inactive burrows were noted at the top of the dam and on the downstream slope.
44. On November 27, 2001, during a routine NRCS operation review that agency found
that the upper waste holding structure no longer meets NRCS standards due to large trees and animal
burrow holes in the dam area.
45. On August 1, 2002, Ms. Rosebrock inspected the Farm and found a number of
persisting problems: (1) large trees in the dam of the upper waste holding structure and the waste
storage lagoon; (2) burrow holes on the stream side of the dam continued to present an immediate
threat to the integrity of the dam; (3) excessive vegetation around the lagoon impeded the inspection
� a�ebyl5
of the jAw+-'s`marker and spillway; (4) the facility has not been operational since animals were
removed in April of 2000; and six active groundhog holes on the dam of the upper waste holding
structure, threaten the waste storage lagoon's integrity at the south and southwest areas. The burrow
holes are approximately 4-6 inches in diameter and range from 12-18 inches deep into the dam. One
burrow hole is greater than four feet deep.
46. The dam's failure could result in a catastrophic discharge of a large amount of the
waste into an unnamed tributary ("UT') to Hostler Branch (WSU), the State's surface waters. The
UT is only eighty-one feet from the corner of the upper holding pond. Hostler Branch eventually
11

flows into Farmer Lake, six miles downstream. Farmer Lake is the water supply for the town of
Yanceyville.
47. On 11/20/02 Mr. Rocky Durham with the Division of Soil and Water Conservation
inspected the Alvis Hodges Farm and observed that the waste in the lower waste storage lagoon
was four inches above the maximum liquid level and was only approximately ten inches below the
spillway on the lower dam. Mr. Durham spoke to the defendant and instructed him to land apply
the waste as soon as possible. Mr. Durham also told the defendant that since the freeboard was so
high that he was going to prepare a "Notice of Referral" to the DWQ, WSRO. 48. Also on
11/20/02 Mr. Durham discovered a hole, located between the two swine houses on the east side of
the Farm's driveway, which was allowing freshwater to enter a flush pipe, and then discharging into
the upper waste holding structure. 49. On information and belief, the defendant fails to have
components of the Certified Animal Waste Management Plan readily available, the checklists, waste
utilization plan, designs, etc. In spite of repeated requests, the defendant has failed to make the
documents available on March 29, 2000, February 8, 2001 and August 1, 2002. The defendant has
failed to provide the State with any plan for bringing the Farm into compliance with the law, e.g.,
by eliminating the large trees and burrows on and around the dam in an environmentally safe manner
acceptable to the State and under the Court's supervision.
FIRST CLAIM FOR RELIEF
50. The allegations contained in paragraphs 1 through 49 are incorporated into this claim
for relief as if fully set forth herein.
51. Defendant's Certified Animal Waste Management Plan ("CAWMP") and the deemed
permitted statuses require proper maintenance of the Farm, particularly in the areas around the

• 0
holding structures. The stability of the dam and the surrounding areas have been called into
question by the animal burrows into the wall of the dam. Accordingly, at risk is the structural
integrity of the waste holding structure and the waste storage lagoon. The Farm is in violation of
the State's water quality laws and administrative rules, its CAWMP and its deemed permitted status
because the defendant, inter alia, (1) failed to maintain the dam and the surrounding areas, (2) failed
to provide records of its operations, (2) discharged wastewater from its hog house and maintained
and continues to maintain its lagoon, by allowing the animal burrows and large trees to persist, in
a condition which poses a serious threat of future discharges of swine waste into the waters of the
State, and (3) failed to notify the State of past discharges when they occurred as required by its
CAWMP and General Permit, (4) failed to abide by the Operation and Maintenance Plan (paragraph
numbers 5 and 6), (5) failed to abide by the "required specifications" of paragraph numbers 17 and
18 of the CAWMP signed December 17, 1997.
52. The active and inactive animal burrows, several four to six inches in diameter and
extending from one to four feet into the lagoon's and/or waste holding structure wall, in violation
of State laws, poses a serious threat of rupture of their structure and the discharge of animal waste
into the waters of the State unless immediate corrective action is taken. The risk of such a discharge
increases as the weather changes with the risks of further deterioration and more water is added to
the lagoon. Such a discharge would cause immediate and irreparable injury and damage to the water
quality of the State and the water supply for the town of Yanceyville. For these reasons, the State
is entitled to preliminary, and subsequent permanent, injunctive relief that compels the defendant to
bring its Farm into compliance with the law. N.C. Gen. Stat. § 143-215.6C.
13

• i
53. The Court should order the defendant to immediately eliminate the active and
inactive animal burrows on the Farm located around and along the back of the dam, the holding pond
and the lagoon. Eliminating the burrows and the large trees may require the closing of the lagoon
and the holding pond. Accordingly, the defendant should apply for funding for a lagoon closure as
soon as possible; cease violating the State's water quality laws and administrative rules, its CAWMP
and Deemed Permit.
SECOND CLAIM FOR RELIEF
54. The allegations contained in paragraphs 1 through 51 are incorporated into this claim
for relief as if fully set forth herein.
55. The active and inactive animal burrows and large trees on the Farm located around
and along the back of the dam, the holding pond and the lagoon presents and continues to present:
(a) serious danger to the public health, safety and welfare of the people of North Carolina; and (b)
serious harm to the land and water resources of the State, thereby constituting a public nuisance.
Such operation should be stopped until the nuisance has been abated.
PRAYER FOR RELIEF
WHEREFORE, the plaintiff, State of North Carolina, prays that the Court grants to it the
I
following relief:
1. That the Court accept this verified complaint as an affidavit upon which to base
orders of the Court.
2. That the, Court enters a preliminary injunction ordering defendant to:
(A) prevent any further discharge of animal waste or wastewater from the Farm;
14

(B) immediately repam all active and inactive burrows and remove any large trees
greater th 6"o the Farm at the back of the dam, the holding pond and the
lagoon;
(C) eliminate the Farm's large trees and the burrows around and on the dam; and
around the holding pond and the lagoon;
(D) immediately repair the flush pipe described in paragraph 48;
(E) immediately pump the lower waste storage lagoon and immediately land
apply to a receiving crop;
(F) require the defendant to come into full compliance with the law, its CAWMP
and General Permit; and
(G) within 24 hours of the entry of the preliminary injunction, file with the Court
an initial plan of action, acceptable to the State, which sets forth a timetable
for the completion of (a), (b), (c) and (d).
3. That the Court enters a permanent injunction requiring the defendant to eliminate the
large trees and the active and inactive burrows so as to bring the Farm into full
compliance with the State's water quality laws and defendant's certified animal waste
management plan and General Permit; and, if the defendant chooses not to eliminate
the burrows and remove the large trees, that the Court order defendant to close its
lagoon under the Court's supervision in accordance with the Natural Resources
Conservation Service standards for lagoon closure referenced in Paragraph V (7) of
the General Permit pursuant to further orders of the Court;
15

4. That the Court retains continuing jurisdiction of this case until all provisions of its
orders are carried out;
5. That any preliminary injunction, and any subsequent permanent injunction issued by
the Court shall be enforceable by and through the contempt powers of this Court,
pursuant to Chapter 5A of the North Carolina General Statutes;
6. That the costs of this action, including attorney fees, if allowable, are taxed against
the defendant;
7. That this Court grants such other and further relief as the Court shall deem to be just
and proper.
Respectfully submitted, this the day of November, 2002.
` I
ROY COOPER
Attorney General
Anita LeVeaux, Assistant Attorney General
N.C. Department of Justice
Environment Division
Post Office Box 629
Raleigh, NC 27602-0629
[phone]
Bar No. 13667
16

STATE OF NORTH CAROLINA
COUNTY OF FORSYTH
►'1Dl,71WCIEN0[110
, S -R SEBROCK, being duly sworn, depose and say that I am an Environmental
En - eepMrzLIS
n the Winston-Salem Regional Office of the Division of Water Quality of the North
Carolina Department of Environment and Natural Resources; that I am authorized to make this
verification; that I have read the foregoing Complaint and that I am acquainted with the facts and
circumstances alleged therein; that they are true and accurate to my knowledge, except as to those
matters alleged on information and belief, and, as to those matters, I believe them to be true.
Melissa Rosebrock, Environmental Specialist.
Subscribed and sworn to before me
this the _ day of , 2002.
Notary Public
My Commission Expires:
(SEAL)

Rocky Durham with the DENR Division of Soil and Water Conservation performed a routine
operational review
18

Notice of Rererral Facility 17-01
Subject: Notice of Referral Facility 17-01
Date: Thu, 21 Nov 2002 16:34:31 -0500
From: Rocky Durham <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: Melissa Rosebrock <[e-mail]>
Hi Melissa,
This is just an email version of the Notice of Referral I phoned in
to you today on the Alvis Hodges Farm, facility 17-01, in Caswell
county.
As noted in my review the lower lagoon was approximately four inches
over his maximum liquid marker, which looks to be about 10 inches below
the spillway still. Mr. Hodges met us at the Farm, but was not feeling
well, and didn't stay for the review. I informed him before he left that
if the lagoon was above the max. liquid level I would have to refer his
facility over to the DW4.
Warren Mincey said he was out there two weeks ago and he had about
four inches below the max. marker. We found a hole allowing fresh water
to enter a flush pipe behind the second house on the left, as you enter
the farm. Warren said he had had trouble with the pipe here before and
there may be animals causing the problem.
Let me know if you have any questions.
Rocky Durham - [e-mail]
Environmental Engineer
North Carolina Dept. of Environment & Natural Resources
Div. of Soil & Water Conservation
919 N. Main St,
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
%TITLE%
Rocky Durham <[e-mail]>
%TITLE%
NC DENR - Mooresville
Div. of Soil & Water Conservation
1 of 1 12/13/2002 11:18 AM

NOME-2002 MON 10:56 At UjJCASWELL
.. _ - _ FAX NO. 336 94 1741 P. 02
ANIMAL 'WASTE UTILIZATION PLAN
Producer: Alvis Hodges
Location: 7776 Hwy 158 West
Yanceyville NC 27379
Telephone: f336) 694-4298
Type Operation: Existing reader to Finish Swine
Number of Animals: 1300.00 hogs
(Design capacity)
STORAGE STRUCTURE: Anaerobic waste Treatment Lagoon
APPLICATION METHOD: Irrigation
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface water and/or
groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops
in the fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient,
waste should be analyzed before each application cycle. Annual soil
tests are strongly encouraged so that all plant nutrients can be
balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner;
1. Always apply waste based on the needs of the crop to be
grown and the nutrient content of the waste. Do not apply
more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration
rates, leaching potentials, cation exchange capacities, and
available water holding capacities.
3. Normally waste shall be applied to land eroding at less than
5 tons per acre per year. Waste may be applied to land
eroding at 5 or more tons per acre annually, but less than
10 tons per acre per year providing that adequate filter
strips are established.
4. Do not apply waste on saturated soils, when it is raining,
or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed
under DWQ regulations.
----------------------------------------------------------
Page: 1

HOV-01-2002 FRl 11:14 AM USnA CASWELL FAX NO. 33 694 1741 P. 02
WASTE UTILIZATION PLAN
--------------------------------------------------------------------
REQUIREDWSPECIFICATIONS.
1. Animal waste shall not reach surface waters of the state by
runoff, drift, manmade conveyances, direct application, or
direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited.
2_ There must be documentation in the design folder that the
producer either owns or has an agreement for use of adequate
land on which to properly apply the waste. If the producer does
not own adequate land to properly dispose of waste, he/she shall
provide a copy of an agreement with a landowner who is within a
reasonable proximity, allowing him/her the use of the land for
waste application. It is the responsibility of the owner of the
facility to secure an update of the Waste Utilization Plan when
there is a change in the operation, increase in the number of
animals, method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climatic conditions, and
level of management, unless there are regulations that restrict
the rate of application for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons
per acre per year. Waste may be applied to land that is eroding
at 5 or more tons, but less than 10 tons per acre per year
providing grass filter strips are installed where runoff leaves
the field. (See FOTG Standard 393 -Filter Strip)
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when there is
danger of draft from the irrigation field.
6. When animal waste is to be applied on acres subject to
flooding, it will be soil incorporated on conventionally tilled
cropland. When applied to conservation tilled crops or
grassland, the waste may be broadcast provided the application
does not occur during a season prone to flooding. (See "Weather
and Climate in North Carolina, for guidance.)
7, Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or to
surface waters and in a method which does not cause drift from
the site during application. No ponding should occur in order
to control odor or flies.
8. Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in such
a manner that the crop is not covered with waste to a depth that
would inhibit growth. The potential for salt damage from animal
waste should also be considered.
Page: 9

NOV-01-2002 FR1 11:15 AM USDA CASWELL FAX NO. 336 694 1741 P. 03
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
10. Waste nutrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to
take up released nutrients. Waste shall not be applied more
than 30 days prior to planting of the crop or forages breaking
dormancy.
11. Any new swine facility sited on or after October 1, 1995 shall
comply with the following: The outer perimeter of the land area
onto which waste is applied from a lagoon that is a component of
a swine farm shall be at least 50 feet from any residential
property boundary and from any perennial stream or river (other
than an irrigation ditch or canal. Animal waste other than
swine waste from facilities sited on or after October 1, 1995),
shall not be applied closer than 25 feet to perennial waters.
(See Standard 393 - Filter Strips).
12. Animal waste shall not be applied closer than 100 feet to
wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14, Waste shall be applied in a manner not to reach other property
and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge or by over -spraying.
Animal waste may be applied to prior converted cropland provided
they have been approved as a land application ,site by a
"technical specialist". Animal waste shall not be applied on
grassed waterways that discharges directly into water courses,
and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from
the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into the
animal waste management system.
,� -.:7A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments, berms,
pipe runs, etc.). Areas shall be fenced, as necessary, to
protect the vegetation. Vegetation such as trees, shrubs, and
other woody species, etc., are limited to areas where considered
appropriate. Lagoon areas should be kept mowed and accessible.
Berms and structures should be inspected regularly for evidence
ofe4Kas:ion.;7 leakage or discharge
Page: 10

NOV-01-2002 FRI 11:15 AM USDA CASWELL
7 i
FAX N0, 336694 1741
P. 04
I
WASTE
UTTLIZATION PLAN
REQUIRED SPECIFICATIONS
--� ��If animal production at the facility is to be suspended or
�terminated, the owner is responsible for obtaining and
implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept on
site.
20. Animal waste can be used in a rotation that includes vegetables
and other crops for direct human consumption. However, if
animal waste is used on crops for direct human consumption it
should only be applied preplant with no further applications of
animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and
bottom elevations of the temporary storage (pumping volume) of
all waste treatment lagoons. Pumping shall be managed to
maintain the liquid level between the markers. A marker will
be required to mark the maximum storage volume for waste
storage ponds.
22, waste shall be tested within 60 days of utilization and soil
shall be tested at least annually at crop sites where waste
products are applied. Nitrogen shall be the rate - determining
element. zinc and copper levels in the soils shall be
monitored and alternative crop sites shall be used when these
metals approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste
analysis records shall be kept for five years. Poultry dry
waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be
maintained for five (5) years.
23. Dead animals will be disposed of in a manner that meets North
Carolina regulations.
Page: 11

a
NOV-01-2002 FRI 11,15 AM USDA CASWELL FAX H0. 33 694 1741 P. 05
ANIMAL WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm:Hodges Swine Farm
Owner/Manager Agreement
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the
approved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the
North Carolina Division of Water Quality (NCDWQ) before the new
animals are stocked. I (we) also understand that there must be no
discharge of animal waste from this system to surface waters of the
state from a storm event less severe than the 25-year, 24-hour
storm. The approved plan will be filed on -site at the farm office
and at the office of the local Soil and Water Conservation District
and will be available for review by NCDWQ upon request.
Name of Facility Owner: Alvis Hodges
(Pleaseprint)
Signature: Date: 1,,A
Name of Manager(If different from owner):
Signature: Date:
Name of Person Preparing Plan:_ (Please print)_Warren Mincey
Affiliation:NRCS Phone No. 910-694-4581
Address (Agency): PO Box 96
Yanaeyvi.11e NC 27379
Signature: Date /
�L
: Z- I '
Page: 12

MOV-01-2002 FRI 11:16 AM USDA CASWFLL FAX NO. 336 694 1741 F. 06
0
OPERATION AND MAINTENANCE PLAN - ALViS HODGES
This lagoon is designed for waste treatment (permanent
storage) with minimum odor control. The time required for
the planned fluid level to be reached (permanent + temporary
storage) may vary due to soil conditions, flushing
operations, and the amount of fresh water added to the
system.
The designed 4 months temporary storage is an estimated
volume based on: 1) Waste from animals; 2) excess rainfall
after evaporation; 3) the largest 24 hour (one day) rainfall
that occurs on the average of once every 25 years; and 4) an
additional storage amount for heavy rain periods. The volume
of waste generated from a given number of animals will be
fairly constant throughout the year and from year to year.
This estimate is based on 7.26 inches of excess rainfall
which is equal to or exceeds the highest 4 months in a year.
The average annual excess rainfall is approximately 5.5
inches. Therefore, an average of 5.5 inches of excess
rainfall will need to pumped each year. A maximum liquid
elevation has been determined in the design. A permanent
marker must be installed at this elevation to indicate when
pumping should begin. The 25 year rainfall and heavy rain
factors will not be considered in most annual pumping
cycles, but this storage volume must always be available
above the maximum liquid elevation (begin pumping marker).
An elevation must be established to stop pumping to maintain
a minimum treatment depth (6 feet). Pumping can be started
or stopped at any time between these two elevations for
operating convenience as site conditions permit, such as
weather, soils, crop, and equipment in order to apply waste
without runoff or leaching.
Land application of waste water is recognized as an
acceptable method of disposal. Methods of application
include solid set, center pivot, guns, and traveling gun
irrigation. Care should be taken when applying waste to
prevent damage to crops.
The following items are to be carried out:
1. it is strongly recommended that the treatment lagoon be
precharged to 1/2 its capacity to prevent excessive odors
during start-up. Pre charging reduces the concentration of
the initial waste entering the lagoon thereby reducing
odors. Solids should be covered with effluent at all times.
when pre -charging is complete, flush buildings with recycled
lagoon liquid. Fresh water should not be used for flushing
after initial filling.
2. The attached Waste Utilization Plan shall be followed.
This plan recommends sampling and testing of waste (see
attachment) before land application.
3. Begin pump -out of the lagoon when the fluid level
reaches elevation 92.4 as marked by permanent marker. Stop
pump -out when the fluid level reaches elevation 90.75 The

- NOV-01-2002 FRI 11:16 AM U A CASWELL FAX NO, 33 694 1741
P. 07
design temporary storage (4 month), less the 25 year storm
and heavy rain factor is 88,000 cubic feet or 658,240
gallons. As stated before, this volume will vary
considerably from year to year.
4. The recommended maximum amount to apply per irrigation
is 1 inch and the recommended maximum application rate is
.35 inch per hour.
Keep vegetation on the embankment and areas adjacent to
the lagoon mowed annually. vegetation should be fertilized
s needed to maintain a vigorous stand.
-� 6&Repair any eroded areas or areas damaged by rodents and
smablish in vegetation.
7. All surface runoff is to be diverted from the lagoon co
stable outlets.
8. Keep a minimum of 25 feet of grass vegetated buffer
around waste utilization fields adjacent to perennial
streams. Waste will not --be applied in open ditches. Do not
pump within 200 feet of.a residence or within 1.00 feet of a
well.
9. The existing solids trap (storage of approximately
269,800 gallons) will be pumped out at least once every 5
years.
10. The clean water Act of 1977 prohibits the discharge of
pollutants into waters of the 'United States. The Department
of Environment, Health, and Natural Resources, Division of
Water Quality, has the responsibility for enforcing this
law.
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