900010_Regional Office Historical File Pre 2018

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
June 6, 1997
Mr. Rusty Cox
Cox Brothers Farms
6409 Rape Rd
Monroe, NC 28112
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t hESVa.LE RE& L11AL OFFICE
Subject: Completion of Farm Proposal
Facility Number 90-10
Union County
Dear Mr. Cox:
The Division of Water Quality has received your letter dated February 5, 1997, requesting a ruling as to the siting
requirements which'apply to the addition of animals and possibly the addition of animal waste treatment capacity to your
swine operation in Union County.
The Swine Farm Siting Act of Senate Bill 1217, ratified on June 21, 1996 applies to the construction or
enlargement of swine houses, lagoons, and land areas onto which waste is applied from a lagoon that are components of a
swine farm. However, the act does not apply "When the construction or enlargement occurs on or after October 1, 1995, for
the purpose of increasing the swine population to that set forth as the projected population in a registration of the swine
operation filed with the Department of Environment, Health, and Natural Resources (DEHNR) before October 1, 1995.
Upon review of your file, we concur with your contention that the projected population of this farm at the time of
registration was 1200 sows farrow to finish. Therefore it would appear that this facility meets the requirements of the above
mentioned exemption of the Swine Farm Siting Act.
Please be aware that although any new construction at the swine farm may not be required to meet all current siting
criteria, the Division of Water Quality strongly suggests that you make every effort to meet all potential setbacks. In
addition, the new animal waste treatment systems, including any new lagoons, and/or land application sites must be designed
to meet current Technical Standards of the Natural Resources Conservation Service.
Please note that the Division of Water Quality has not been authorized to administer provision of the Swine Farm
Siting Act. The interpretation given above reflects the intemal policies for administering the animal waste management
system program. If you have questions regarding your individual rights or responsibilities under the Act, you should consider
obtaining private legal counsel.
If you have any questions about this letter, please do not hesitate to call me at [phone], extension 502.
Sincerely,
Sue Homewood
Environmental Engineer
cc: Facility File
Mooresville Regional-WaterQuality-Supervisor-----,
Union Soil and Water Conservation District
Jerry Simpson, North Carolina Cooperative Extension Service
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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