780063_CORRESPONDENCE_20171231

NUH I H UAHULINA
Department of Environmental Quai

FtECEIVEDIDENRIDWR
Water Quality Regional
*A%
RCDENA
Operations
North Carolina Department of Environment and Natural Resources
section
Fayetteville Reolonal office
Pat McCrory Donald R. van der Vaart
Govemor
"Secretary
March 12, 2015
Curtis L Oxendine
Oxendine Pork Farm
151 Mayberry Dr
Shannon, NC 28386-0938
Subject: Permit No. AW1780063
Oxendine Pork Farm
Animal Waste Management System
Robeson County
Dear Curtis L Oxendine:
In accordance with your request received March 10, 2015, we are hereby forwarding to you this Permit
issued to Curtis L Oxendine authorizing the operation of the subject animal waste management system.
You had requested to drop the animal population at this facility to zero until such time as the waste
storage lagoon at this facility is properly closed, as you no longer wished to maintain it as an active swine
farm.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste structures on the Oxendine Pork Farm, with an annual capacity of no greater than an
annual average of zero (0) Swine. {
The Permit shall be effective from the date of issuance until February 28, 2020 and replaces the COC No.
AWS780063 dated October 1, 2014. You are subject to the conditions of this permit until the closure of
all waste storage basins and the rescission of this permit. You must submit a letter to the Division of
Water Resources to request rescission of the Permit by providing documentation of closure of all
containment basins.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all _
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights
in cithcr real or personal property.
Please be reminded that as per Condition I1.13 of this permit the facility must have at least one of
the following items at all times: (a) adequate animal waste application and handling equipment, (b)
a lease, or other written agreement, for the use of the necessary equipment, or (c) a contract with a
third party applicator capable of providing adequate waste application.
Per 15A NCAC 2T. 011 1(c), a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per Natural Resources Conservation Service
(NRCS) Standards, a 100-ft separation shall be maintained between water supply wells and any lagoon,
storage pond, or any wetted area of a spray field.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: www,ncdenr.gov
An Equal Opportunity 4 Affirmative Action Employer - Made in part by recycled paper

In accordance with Condition 11.22 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watcli/warning information for your county by calling the Wilmington, NC National
Weather Service office at [phone], or by visiting their website at: http://www.weather.gov/iIm/
Please be advised that any violation of the terms and conditions specified in this Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the
Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an
application for renewal must be filed at least 180 days prior to expiration.
This Permit is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office staff
may be reached at 910-433-3300. If you need additional information concerning this Permit, please
contact the Animal Feeding Operations Program staff at [phone].
Sincerely,
.for S. ay Zimmerman, P.G.
Director, Division of Water Resources
cc: ayetteville=Regional Office, Water Quality Regional Operations Section
Robeson County Health Department
Robeson County Soil and Water Conservation District
WQROS Central Files (AW1780063)
NORTH CAROLINA

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
INDIVWUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Curtis L Oxendine
Robeson County
FOR THE
continued operation and maintenance of an animal waste management system for the Oxendine Pork
Farm, located in Robeson County, consisting of zero (0) Swine and the application to land as specified in
the Facility's Certified Animal Waste Management Plan (CAWMP).
This permit shall be effective from the date of issuance until February 28, 2020 and shall be subject to the
following specified conditions and limitations:
1. PERFORMANCE STANDARDS
1. The animal waste management system operated under this Permit shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of pollutants
to surface waters, wetlands, or ditches. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in accordance with NRCS Standards and
does not result in a discharge of waste to surface waters, wetlands, or ditches. If the
Facility has a discharge of waste that reaches surface waters or wetlands resulting from a
storm event more severe than a 25-year, 24-hour storm, it will not be considered to be in
violation of this Permit, as long as the Facility is in compliance with its CAWMP and this
Permit.
No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina
Administrative Code (NCAC) and Title 15A, Subchapter 2L of the NCAC.
The facility's CAWMP is hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards
(federal, state and local) in effect at the time of siting, design, and certification of the
Facility.
4. Any proposed increase or modification to the annual average that exceeds the thresholds
set by North Carolina General Statues (NCGS) 143-215.10B(1) will require a
modification to the CAWMP and the Permit prior to modification of the Facility.

Animal waste shall not be applied within one hundred (100) feet of any well, with the
exception of monitoring wells. The allowable distance to monitoring wells shall be
established on a case -by -case basis by the Division.
II. OPERATION AND MAINTENANCE_REQUIREMENTS
The collection, treatment, and storage facilities, and the land application equipment and
fields shall be property operated properly and maintained at all times.
A vegetative cover shall be maintained as specified in the Facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP_
Soil pI-I on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the agronomic rate of the nutrient of concern for the receiving
crop. In no case shall land application rates result in excessive ponding or any runoff
during any given application event.
5. If manure or sludges are applied on conventionally tilled, bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land, or prior to the
next rainfall event, whichever occurs first. This requirement does not apply to no -till
fields, pastures, or fields where crops are actively growing.
6. Pesticides, toxic chemicals, and petroleum products shall not be disposed of in the animal
waste management system.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste management system, Washdown of stock trailers
owned by and used to transport animals to and from the Facility only will be permissible
as long as the system has been evaluated and approved to accommodate the additional
volume. Only those cleaning agents and soaps that are EPA -approved according to their
labels, will not harm the cover crop, and will not contravene the groundwater standards
listed in 15A NCAC 2L may be utilized in the Facility covered by this Permit.
Instruction labels are to be followed when using cleaning agents and soaps.
Disposal of dead animals resulting from normal mortality rates associated with the
Facility shall be done in accordance with the Facility's CAWMP and the North Carolina
Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's
statutes and regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste
lagoons/storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
4

10. A protective, vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embankments (outside toe of embankment to maximum pumping
elevation), berms, pipe runs, and diversions to surface waters or wetlands. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the lagoon/storage pond
embankments. All trees shall be removed in accordance with good engineering practices.
Lagoon/storage pond areas shall be accessible, and vegetation shalt be kept mowed.
11. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed
in accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
provisions must be taken to prevent damage to the lagoon dikes and liner.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The Facility must have at least one of the following items at all times: (a) adequate
animal waste application and handling equipment, (b) a lease, --r other written agreement,
for the use of the necessary equipment, or (c) a contract with a third party applicator
capable of providing adequate waste application.
14. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach surface waters or wetlands.
15. The Permittee shall maintain buffer strips or other equivalent practices as specified in the
Facility's CAWMP near feedlots, manure storage areas, and land application areas.
16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application.
17. Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the decision to land apply waste.
Land application of waste shall cease within four (4) hours of the time that the National
Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch
associated with a tropical system including a hurricane, tropical storm, or tropical
depression for the county in which the permitted facility is located. Watches and
warnings are posted on the National Weather Service's website located at:
www.weather.�Zov. More detailed websilc information can be found on Page 2 of this
Permit. Watch and warning information can also be obtained by calling the local
National Weather Service Office that serves the respective county, which can be found on
Page 2 of this Permit.
18. Land application activities shall cease on any application site that exceeds a Mehlich 3
Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater
than 3,000 (213 pounds per acre).
19. Any major structural repairs to lagoons/storage ponds must have written documentation
from a technical specialist certifying proper design and installation. However, if a piece
of equipment is being replaced with a piece of equipment of the identical specifications,
no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the
gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the
replacement involves disturbing the lagoon/storage pond embankment.

III. MONITORING AND REPORTING REQUIREMENTS
An inspection of the animal waste collection, treatment, and storage structures, and
runoff control measures shall be conducted and documented at a frequency to insure
proper operation For example, lagoons/storage ponds, and other structures should be
inspected for evidence of erosion, leakage, damage by animals or discharge.
Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. The
waste level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by, or approved by, the Division.
3. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and
zinc, shall be conducted on each application field receiving animal waste at least once
every three (3) years.
4. An analysis of the animal waste shall be conducted in accordance with recommended
laboratory sampling procedures as close to the time of application as practical and at least
within sixty (60) days (before or after) of the date of application. This analysis shall
include the following parameters:
Nitrogen Zinc
Phosphorus Copper
5. The Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittee shall also
record removal of solids and document nutrient loading rates if disposed on -site or record
the off -site location(s). These records must be on forms supplied by, or approved by, the
Division.
If, for any reason, there is a discharge from the animal waste management system
(including the land application sites), to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition Ili. 10. The discharge
notification shall include the following information:
Description of the discharge: A description of the discharge including an estimate of
the volume discharged, a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste. Also, an estimation of
the volume discharged.
b. Time of the discharge: The length of time of the discharge, including the exact dates
and times that it started and stopped, and if not stopped, the anticipated time the
discharge is expected to continue.
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused
by a precipitation event, detailed information from the on -site rain gauge concerning
the inches and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken
to prevent future discharges from the same cause.
6

e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition 11I. 4.
A copy of this Permit, the Facility's permit, certification forms, lessee and landowner
agreements, the CAWMP, and copies of all records required by this Permit and the
Facility's CAWMP shall be maintained by the Permittee in chronological and legible
form for a minimum of three (3) years.
Within fifteen (15) working days of receiving the request from the Division, the
Permittee shall provide to the Division one (1) copy of all requested information and
reports related to the operation of the animal waste management system. Once received
by the Division, all such information and reports become public information, unless they
constitute confidential information under North Carolina General Statutes (NCGS) 132-
1.2, and shall be made available to the public by the Division as specified in Chapter 132
of the NCGS.`
9. The Division may require any additional monitoring and reporting (including but not
limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond
levels and plant tissue) necessary to determine the source, quantity, quality, and effect of
such waste upon the surface waters, groundwaters or wetlands. Such monitoring,
including its scope, frequency, duration and any sampling, testing, and reporting systems,
shall meet all applicable Division requirements.
10. Regional Notification:
The Pennittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events:
a. Failure of any component of the animal waste management system resulting in a
discharge to ditches, surface waters, or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge.
C. A spill or discharge from a vehicle transporting waste or sludge to the land
application field which results in a discharge to ditches, surface waters, or wetlands
or an event that poses a serious threat to surface waters, wetlands, or human health
and safety.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat
to the environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal
to that required in Condition V.2. of this Permit.
f Failure to maintain waste level in a lagoon/storage pond below that of the designed
structural freeboard (twelve (12) inches from top of dam or as specified in
lagoon/storage pond design). Note that this notification is in addition to the report
required by Condition 11I.1 O.e above.

g. An application of waste either in excess of the limits set out in the CAWMP or
where runoff enters ditches, surface waters, or wetlands.
h. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a
serious threat to the environment or human health or safety.
For any emergency which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within live (5) calendar days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. In the event of storage capacity violations as
described in Condition 111.10.e, the written report shall outline the actions proposed to be
taken to restore compliance within thirty (30) calendar days. The requirement to file a
written report may not be waived by the Division Regional Office.
In the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written report to the appropriate Division
Regional Office within two (2) calendar days following first knowledge of the
occurrence. This report shall outline actions taken or proposed to be taken to reduce
waste levels below the designed structural freeboard within five (5) calendar days of first
knowledge of the occurrence.
IV. INSPECTIONS AND ENTRY
The Permittee shall allow any authorized representative of Department, upon the
presentation of credentials and other documents as may be required by law and in
accordance with reasonable and appropriate biosecurity measures, to:
a. Enter the Permittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at.reasonable times, any records that must be kept under the
conditions of this Permit;
C. Inspect, at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this Permit;
and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance, any substances or parameters at any location.
V. GENERAL CONDITIONS
The issuance of this Permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surface water, wetlands, ground water and air quality
standards or for damages to surface waters, wetlands or groundwaters resulting from the
animal operation.

2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
Facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds
must not exceed the level that provides adequate storage to contain a 25-year, 24-hour
storm event plus an additional one (1) foot of structural freeboard except that there shall
be no violation of this condition if (a) there is'a storm event more severe than a 25-year,
24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at
least one (1) foot of structural freeboard.
Any containment basin, such as a lagoon or a storage pond, used for waste management
shall continue to be subject to the conditions and requirements of this Permit until
properly closed. When the containment basin is properly closed in accordance with the
NRCS NC Conservation Practice Standard No. 360 "Closure of Waste Impoundments ",
February 2008 or any subsequent amendment, the containment basin shall not be subject
to the requirements of this Permit. The Permittee must submit a letter to the Division to
request rescission of the Permit by providing documentation of closure of all containment
basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within fifteen (15) days of completion of closure.
4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for revocation
of this Permit.
This Permit is not transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of
Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate.
6. The issuance of this Permit does not prohibit the Division from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
appropriate laws, rules, and regulations.
The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A
NCAC 02T .0111(c). An excecdance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to the requirements of 15A NCAC 21, and the Division
in addition to the penalty provisions applicable under the NCGS.
VI. PENALTIES
Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law; may subject the Permitter to an enforcement
action by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties, and injunctive relief.
2. The Permittee must comply with all conditions of this Permit. Any Permit
noncompliance constitutes a violation of state law and is grounds for enforcement action;
for Permit coverage termination, revocation and reissuance, or modification; or denial of
Permit coverage renewal application.

It shall not be a defense for a Permittee in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this Permit.
This Permit issued the 12th day of March, 2015.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for S. Jay Zimmerman, P.G., Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI780063
10

I --
I I
ANIMAL WASTE UTILIZATION PLAN
Producer:
Location:
Telephone:
Type Operation:
Number of Animals:
(Design Capacity)
STORAGE STRUCTURE:
APPLICATION METHOD:
REVISION
CURTIS OXENDINE
RR 1 BOX 125C
SHANNON NC 28386
910-843-5570
Existing Farrow to Finish Swine
120.00 sows
Anaerobic Waste Treatment Lagoon
Irrigation
3
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_ P-nnaal 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 not 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 DEM regulations.
RECEIVED I DENR ! DWO
Agaiifer Protection Section
MAR 2 5 20D9
Page: 1

ANIMAL WASTE UTILIZATION PLAN
5. Wind conditions should also be considered to avoid drift and
downwind odor problems.
6. To maximize the value of the nutrients for crop production
and to reduce the potential for pollution, the waste should
be.applied to a growing crop or applied not more than 30
days prior to planting a crop or forages breaking dormancy.
Injecting the waste or disking will conserve nutrients and
reduce odor problems.
This plan is based on the waste application method shown above. If
you choose to change methods in the future, you need to revise this
plan. Nutrient levels for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain pH in the optimum. range for specific
crop production.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
120 sows x 19.9 tons waste/sows/year = 2388 tons
AMOUNT. OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
120 sows x 26 lbs PAN/saws/year = 3120 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2

ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
END
I
TOTAL10
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and R may be over applied
while -meeting the N requirements. In the future, regulations may
require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This plan
only -addresses nitrogen.
Page: 3

ANIMAL WASTE UTILIZATION PLAN
TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land.
See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS'
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
5746
la
PoB
BH
5.5
275
0
4
1100
APR-SEP
5746 Ila JWkB IBH I5.0 1250 10 IS 11500APREP
5746 lb JWaB BH 5.5 1275 0 4 11100
APR-SEP
END
TOTAL 3700
Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
** Acreage figures may exceed total acreage in fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
PER UNIT
BH
HYBRID BERMUDAGRASS-HAY
TONS
50
Page: 4

ANIMAL WASTE UTILIZATION PLAN
TABLE 1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
0
0
14
3700
14
3700
* BALANCE
-580
**� This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Page: 5

NIMAL WASTE UTILIZATION P:
*** This number must be less than or equal to 0 in order to fully
utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than the
acres shown in the tables.
See attached map showing the fields to be used for the utilization of
animal. waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 516 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 2580
pounds of PAN to utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will need 8.6 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 20.64 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25% depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture content, soil structure, soil
texture, water droplet size, and organic solids. The application amount
should not exceed the available water holding capacity of the soil at'the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
Page: 6

NIMAL WASTE UTILIZATION PL-..
amounts of nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application
rates and amounts.
Tract
5746
Field
Soil Type
Crop
Application Rate
(in/hr)
Applic. Amount
(inches)
la
POB
BH
0.60
*1.0
5746.
la
WKB
BH
0.75
*1-0
5746
lb
WAB
BH
0.60
*1.0
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
Your facility is designed for 180.00 days of temporary storage and the
temporary storage must be removed on the average of once every 6.00
months. In no instance should the volume of the waste be stored in
your structure be within the 25 year 24 hour storm storage or one foot
of freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct rates to the acres shown in Tables 1 and 2. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist after you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
Page: 7

WASTE UTILIZATION PL]
REQUIRED SPECIFICATIONS
I. 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 drift from the irrigation field.
5. 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: 8

WASTE UTILIZATION PL;
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 inton 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.
17. A 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
of erosion, leakage or discharge.
Page: 9

WASTE UTILIZATION PLI
REQIIIRED SPECIFICATIONS
18. 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 thes
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 requlations.
Page: 10

Mortality Martagetttettt N-Iethods
(check which method(s) are being implemented)
Burial three feet beneath the surface of the °round within 2-1 hours after
knowledse of the death. The burial must be at least 300 feet from anv flowing
stream or public bodv of water.
rJ Rendering at a rendering plant licensed under G.S. 106-163.7
❑ Complete incineration
❑ In the case of dead poultry only. placing in a disposal pit of a size and design
approved by the Department of A27riCU1[ure
Anv method which in the professional opinion of the State Veterinarian would
make possible the salvage of part of a dead animal's value without endangering
human or animal health. (Written approval of the State Veterinarian must be
attached)
Cz nir_: IS. 1906

Insect Control Checklist for Animal Operations
Source copse UMPs to Control Insects Site Specific Pracliccs
�-Liquid Systems _
Flnnli (loners Accumulaiiou of solids S'� Flush system is designed and uperaied
sufficiently to retnave accumulated solids from
gutters as designed.
❑ Remove bridging of accumulated solids at
discharge
I.agoL„►s and E'its Crustcd Solids l7' Maintain lagoons, settling basins and pits where
pest breeding is apparent to minimize the
crusting of solids to a depth of no more than 6 -
ILincltes over more than 300/9 of surface.
I:acusive VegelatiVC Decaying vegetation Gr Maintain vegetative control along hanks of
(irowil► lagoons and odor impoundments to prevent
accumulation of decaying vegetative matter
along waives edge on impoundment's perinicter.
Fccdca� • Feud Spillage
Design, operate and tnainiain feed systems
bunkers and troughs) to minimize the
accutuurfation of decaying wastage.
Q Clean up spillage on a routine basis (e.g., 7 - 10
day interval daring sunmtcr, 15-30 day interval
du ng wittier).
Fevil Siuliv: Is Accumulations. of feed residues Iteduec rnoisture aceumuladon within and
Around immudime perimeter of iced storage
areas by insuring drainage away fr in site
and/or providing adequate coniainincnt N.g.,
covered bin fur brewer's grain and sin►ilar high
utoisture grain pruttucts).
Cl Inspect 6ir and remove or hreak u11.1WHIndatecl
snlids in filter strips around feed storage as
necdr:d.
AMIC - November 11, 1996, Page I

Snurcc Cause MIS to Control hrseds• Site Specific Practices
Annual Ilnldinb Areas Accunuilrtions ofanintal wastes 0 Eliminate low areas tltat trap moisture along
anti feed wastage fences and other locations where waste
accumulates and disturbance by animals is
minimal.
0 Maintain fence rows and filler strips around
animal holding areas to minimize
accumulations of wastes (i.e., inspect for and
remove or break up accumulated solids as
needed}.
My hlanurc I landling • Accuntulalions of aninial wastes 0 Remove spillage an a routine basis (e.g., 7 - 10
Systezns day interval during summer, 15-30 day interval
during winter) where manure is loaded for land
application or disposal.
0 Provide for adequate drainage around manure
slockpiles.-
0 Inspect for anti remove or break up accumulated
wastes in filter strips around stockpiles and
manure handling arras as needed.
For inure ini'unnation contact the Cooperative Extension Service, Department of Entomology, 11ox 7613, North Carolina Slate Iluiversity,
Raleigh, NC, 27605-7613.
AMIC - Nuvuodwr 11, 1996. Page 2

Swine Farm Waste Management Cidor Control Checklist
Sourer: Cause UNIPs fn Milliulixc llllul- Silt: Specific Practices
I alnlsteatl Swine production MVegeiiitivc or wooded buffers;
in", Recoliimended hest manabenleul practices;
171/Good judgmew and common sense
Auitoal body surface 0 nirly mautire- cove rell animals n Dl? [lours
Flour :,ill faces . Wcl manure -covered floors floors;
M--Waterers located over slotted floors;
eeders,al high end of solid floors; f
M--S pc mauurc buildup from floors; -c;;r ✓�
Unllcrfloor ventilation for drying
I.laillire culleclion Mils • Milne; f`l''-reeluent munlire removal i)y flush, pit recharge,
• Partial nlicrollial decrnnpnsitiol► or scrape:;
Ci Ilndcrllnnr vcnlilalinli
VUHR.1lion csh;lusl Duns • Volatile gases; f l un ulaintt ll;ulce;
Dust L� hfT it ut air mnvt peal
hitloor surfaces 1)usl 2' Washdmvn 1wiwixii groups of aninrds;
n Feed additives;
n I�ei;der covers;
91 1 cull delivery dowuspoill exieliders lu fcciler
covers
1:111sh Ionia • Agilalinn of recycled lagoon Ll I711Ish lank covers;
liquid while hulks are filling f ! "IqVICIld fill lines to near bonnul oflank %vilh
anti -siphon vents
I:141114 aflcys 0 Agilalion efuring waste+valor fEl—ri derfloor I11ish with underfloor vewilation
colivCyallce
I'll ict•hmge lioirlls 0 Agilation of recycled lagoon n lixlend recharge iines it, near Iloltorll III' Nils
filpinl while lilts are filling with anii-siphon vents
rill sRlliluls a Agilulion during sump lank CI Sump tank covers
filling anti drawilown
Outside diaiii collecliun • Agilatiuu durhlg wastewaler n liux covers
ur jinictioll flukes coliveyallco
ANYl1; - IJ<<vcinl,cr 11, 1996, NIEC 3

Source Cause BMPS 10 hlliuiuriie Clilor Sile Specific Prucliccs
l:nd of drainpipes at
•
Agitation during; wastewater
Cl'l:xicad discharge point of pipes underneuth
lagoon
conveyance
lagoon liquid level
Lagoon surfaces
•
Volatile gas emissions;
M roper lagonn liquid capacity;
•
Biological mixing;
Cl
Correct lagoon slartup procedures;
•
Agiialion
f_1
MMiniimum surface area-lo- Vol ltile ratio;
IB'- 4h inimum agilation whell.prnnpi0g;
0
Mechanical aeration;
f_7
Proven biological additives
tirigalimi sprild.lcr
•
I Iigh pressure agitation;
f]
rrigaie on dry days with little or no ►vied;
nozzles
a
Wind drift
Cl
mii-nium recommended operating giressltre;
�M,
I7� ul' mp intake near lagnau liquid surface;
Cl
Pump from second-slacc lagoon
Slul•agc tilrik ur I145in
.
I'arlial microbitll decomposilion;
Cl
Ilnitom ur widluvel loatling;
WitLILL:
•
Mixing while tilling;
C7
Tank covers;
Ag;ilalinn when emptying
Cl
Basin surface mats of solids;
CI
Proven biological additives or oxhlaws
Scltling; biI]ili surface
•
Partial nri.:robial deconipositlotl;
M
R-mund drainpipe our lets imilerneatli liquid
•
Mixing while Filling;
level;
•
Agilation when emptying
Cl
Remove settled solids regularly
Kfamirc, slurry or sludge
.
Agitation when spreading;
f-'i
Soil in cif slurry/sledges;
spl ender oulleis
0
Vnlalile gas emissions
171
Wash residual manure from spreader after use;
171
Proven biological additives or oxidants
Ihlcovered luaaiure,
•
Volatile gas emissions while
0
Soil iujeclioll of'slurry/sludges
slurry or sludge on field
drying
0Sail
incorporation wilhin 49 hrs.;
Silt gates
CI
Spread in Ihin uniform layers for rapid drying;
-
n
Proven biological additives or oxidants
Dead animals • Carcass decomposit
I cad allirlial .lisllus;il • Cart ass Ilecaulpe
Bits
It Uall LA ;III ll i Iucutil l3lule; cooll
AMOC - November 11, 1990, Page 4
f1
in n
lsropeydispnsitian of carcasses
arnplcle covering; of C.3I' ;1SSCS in bill k1l 11ils;
Proper locationlconsiruclion elf tlisposal pas
Secondary slack burners

Sourer: Cause ��" IIMI's to Mittintixe Odor Silt specific 1'l-acticcs
slandinb watcr afutliltl • Improper drainage; W, Grade and landscape such that lvater tlraitts
facilities 0 Microbial decomposition of away front fuditics
organic matter
Nlanure tracked ouzo Poorly maintained access roads B- arlu ac' ecss road maintenimce
pubG4 roods ti-om farm
access
Additional Information:
Ayailallle From :
Swine Jrlamm: Managentenl ; 0200 Rule/l3MP Packet
NCSI1, County I:rlelisiun Ccnter
SIvioc Prodlictiotl farm Potential Odor Sourccs and Remedies; FBAL? Fact SIICCI
NCSU - IIA1:
Swint: I'foducnott I'acilily IVlannrC MaIIabCIllCilt: Pit RCCIIargC - I-agnott Trealloellt ; FBAr 128-98
NCSI1 - IIAt.
:iwille PfUdlictioll Facility tvlamira Manugumcm: Underfloor 1-h1sh - Lagoon. Treamium ; FfJAIi 129-88
NCSI I - BA
I-ag000 Design and IvIausgenlcat for livestock Mamire Treatment and Storage ; IsllAre 103-83
NC_Sl1 - IIAF
Calibralnnt of Manure anti Waslewater Application l:(Inipnleol ; r:IlAr, Fact ShCct
NCSIJ - IIAI:
Comrolling Odors front Swint: Buildings ; PH 1-33
NCSI I - Swine Extension
Enviroo menial Assurance Program ; NI'I'C Mannal
NC fork I'rothicers Assoc
01iflons Itir hlanagillg Odor; a report Irom lite Swine Odor ,rask Force
NC`'S1 J A Eri Comm mic-,itions
Niiisanct: Cimcems in Aniuml Mamire Management: Odors anti Flies ; PRO107, 1995 Conference: Proceedings
i'larida (.imperative EKICIISinll
Alst()f: - November 11, 1990, t a8e 5

ANIMAL WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
17ame cif Farm: CURTIS OXENDINE
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: CURTIS OXENDINE
(Please print)
Signature: Date: 6X L z q %
Name of Manager (If di f f event f rom owner) :
Signature:
Date:
Name of Person Preparing Plan: (Please print)David W. Hedgpeth
Affiliation:MRCS Phone No. 910 739-5478
Address (Agency): 440 Caton Rd.
Lumberton NC 28358
Signature: Date: L/ :F 7-
7' .
Page: 11

EMERGENCY ACTION PLAN
DIVISION WATER QUALITY 910 486-1541
EMERGENCY MANAGEMENT SERVICES 910 671-3150
ROBESON SOIL AND WATER CONSERVATION DISTRICT 910 739-5478
USDA -NATURAL RESOURCES CONSERVATION SERVICE 910 739-5478
This plan will be implemented in the event that wastes from your
operation are leaking, overflowing, or running off site. You
should not wait until wastes reach surface waters or leave your
property to consider that you have a problem. You should make
every effort to ensure that this does not happen. This plan
should be posted in an accessible location for all employees at
the facility. The following are some action items you should
take.
1. Stop the release of wastes. Depending on the situation, this
may or may not be possible. Suggested responses to some
possible problems are listed below.
A. Lagoon overflow - possible solutions are:
a. Add soil to berm to increase elevation of dam.
b. Pump wastes to fields at an acceptable rate.
c. Stop all flows to the lagoon immediately.
d. Call a pumping contractor.
e. Make sure no surface water is entering lagoon.
B. Runoff from waste application field - actions include:
a. Immediately stop waste application.
b. Create a temporary diversion to contain waste_
c. Incorporate waste to reduce runoff.
d. Evaluate and eliminate the reason(s) that caused the
runoff.
e. Evaluate the application rates for the fields where
runoff occurred.
C. Leakage from the waste pipes and sprinklers - actions
include:
a. Stop recycle pump.
b. Stop irrigation pump.
c. Close valves to eliminate further discharge.
d. Repair all leaks prior to restarting pumps.
D. Leakage from flush systems, houses, solid, separators -
actions include.
a. Stop recycle pump.
b. Stop irrigation pump.
c. Make sure no siphon occurs.
d. Stop all flows in the house, flush systems, or
solid separators.
e. Repair all leaks prior to restarting pumps.
Page 1

EMERGENCY ACTION PLAN
E. Leakage from base or sidewall of lagoon. Often this
is seepage as opposed to flowing leaks - possible
actions:
a. Dig a small well or ditch to catch all seepage, put in a
submersible pump and pump back to lagoon.
b. If holes are caused by burrowing animals, trap or remove
animals and fill holes and compact with a clay type
soil.
C. Have a professional evaluate the condition of the side
walls and lagoon bottom as soon as possible.
2. Assess the extent of the spill and note any obvious damages.
A. Did the waste reach any surface water?
B. Approximately how much waste was released and for what
duration?
C. Any damage noted, such as employee injury, fish kills, or
property?
D. Did the spill leave the property?
E. Does the spill have the potential to reach surface waters?
F. Could a future rain event cause the spill to reach surface
waters?
G. Are potable water wells in danger (either on or off of the
property)? -
H. How much reached the surface waters?
3. Contact appropriate agencies.
A. During normal business hours, call your DWQ (Division of
Water Quality) regional office, 910 486-1541; after hours
emergency number is 919 733-3942. Your phone call should
include: your name, facility, phone number, the details of
incident from item #2 above, the exact location of
facility, the location of direction of movement of the
spill, weather and wind conditions, the corrective measures
that have been under taken, and the seriousness of the
situation.
B_ If spill leaves property or enters surface waters, call
local EMS, (Emergency Management Services) 910 671-3150.
C. Instruct EMS to contact local Health Department.
D. Contact CES (County Extension Service) 910 671-3276,
Robeson SWCD (Soil and Water conservation District) 910
739-5478, and USDA-NRCS (Natural Resources Conservation
Service) 910 739-5478 for advice and technical assistance.
4. If none of the above can be reached call 911 or the Sheriff's
Department 910 671-3100 and explain your problem to them and
ask that person to contact the proper agencies for you.
5. Contact the contractor of your choice to begin repair of
problem to minimize off -site damage.
A. Contractor Name: LOCKLEAR CONSTRUCTION CO.
B. Contractor Address 1253 JONESVILLE RD. FAIRMONT,NC 28340
C. Contractor Phone: [phone]
Page 2

EMERGENCY ACTION PLAN
6. Contact the technical specialist who certified the lagoon
(USDA-NRCS, Consulting Engineer, etc.)
A. Name: DAVID HEDGPETH
B. Company: NRCS
C. Address: 440 CATON RD. LUMBERTON NC 28358
D. Phone: [phone]_
7. Implement procedures as advised by DWQ, and technical
assistance agencies to rectify the damage, repair the system,
and reassess the Waste Management Plan to keep problem with
release of wastes from happening again.
Other notes:
Page 3

flA
Lp
Al
VA
ab
Jr.
Io
.3 i4k
I.
Nol,
Mr
Al
p n
klrrJF�
41, .
I
A 4
ww
1191%•
1 .. a "'g
6
,606 l.Pjp4' "N-A ift
-!' Z RoWi f.
est.,
Y.
-di
40
.y I f. ��w�s��� f �f{�jTr �'r x�vl,. 4r „rr', f�'''� � ; '�R}
C R
3q
o 3 Or-4�Niws.-ft,

o�OF warF9pG
r'
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
October 1, 2004 OCT 15 2004
Curtis Oxendine _
Oxendine Pork Farm 48yR - FA'IEITEVII.I E REGIONAL OFI�CE
151 Mayberry Drive
Shannon NC 28386
Subject: Certificate of Coverage No. AWS780063
Oxendine Pork Farm
Swine Waste Collection, Treatment,
Storage and Application System
Robeson County
Dear Curtis Oxendine:
On June 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General
Permit for swine facilities. The General Permit was issued in accordance with the directive of Senate Bill
733 (Session Law 2003-28).
In accordance with your application received on February 20, 2003 and in accordance with the directive
of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Curtis
Oxendine, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG100000. The issuance of this COC.
supersedes and terminates your previous COC Number AWS780063 which expires October 1, 2004.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Oxendine Pork Farm, located in Robeson County, with an animal capacity of no
greater than an annual average of 120 Farrow to Finish swine and the application to land as specified in
the facility's Certified Animal Waste Management Plan (CAWMP). if this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until September 30, 2009. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Since this is a revised State
General Permit, it contains new requirements in addition to most of the conditions contained in the
previous State General Permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record keeping
and monitoring conditions in this permit.
Aquifer Protection Section — Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: h2o.enr.state.nc.Us
An Equal Opportunity/Affirmative Action Employer — 50% Recydedl10% Post Consumer Paper
NorthCarohna
Nahmally

If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and 'ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional information concerning
this COC or the General Permit, please contact Duane Leith at [phone].
Sincerely,
-d -
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000)
cc: (Certificate of Coverage only for all cc's)
Fayetteville Regional Office, Aquifer Protection Section
Robeson County Health Department
Robeson County Soil and Water Conservation District
Permit File AWS780063
APS Central Files

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
May 1, 2003
Curtis Oxendine
Oxendine Pork Farm
151 Mayberry Drive
Shannon NC 28386
Subject: Certificate of Coverage No. AWS780063
Oxendine Pork Farm
Swine Waste Collection, Treatment,
Storage and Application System
Robeson County
Dear Curtis Oxendine:
On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the
Division of Water Quality (Division) to extend the expiration -date of the Swine Waste Operation General
Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the
expiration date to October 1, 2004. During the period of this extension the Division will be working with
all interested parties on the development of a new version of the Non -Discharge General Permit.
In accordance with your application received on February 20, 2003 and in accordance with the directive
of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Curtis
Oxendine, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG100000. The issuance of this COC
supercedes and terminates your previous COC Number AWS780063 which expired on April 30, 2003.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Oxendine Pork Farm, located in Robeson County, with an animal capacity of no
greater than an annual average of 120 Farrow to. Finish swine and the application to land as specified in
the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until October 1, 2004. Pursuant to this COC, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
If your Waste Utilization PIan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property. h
NLDEIWt
Non -Discharge Permitting Unit Internet httpJ/h2o.enr.state.nc.us/ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
Customer Service Center Telephone [phone]
An Equal opportunity Action Employer 50% recycled/10% post -consumer paper

Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per MRCS standards a 100 foot separation shall be maintained between water supply wells and any
lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county- covered by our Fayetteville Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional information concerning
this COC or the General Permit, please contact 7 R Ioshi at [phone] ext. 363.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000)
cc: (Certificate of Coverage only for all cc's)
Fayetteville Regional Office, Water Quality Section
Robeson County Health Department
Robeson County Soil and Water Conservation District
Permit File AWS780063
NDPU Files

T
Z ANIMAL WASTE UTILIZATION PLAN
Producer:
Location:
Telephone:
Type Operation:
Number of Animals:
(Design Capacity)
STORAGE STRUCTURE:
APPLICATION METHOD:
CURTIS OXENDINE
RR 1 BOX 125C
SHANNON NC 28386
910-843-5570
REVISION
••t
Existing Farrow to Finish Swine
120.00 sows
Anaerobic Waste Treatment Lagoon
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 not 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 DEM regulations.
1
s
Page: 1

rt t AAIMAL WASTE UTILIZATION PLAx(
5. Wind conditions should also be considered to avoid drift and
downwind odor problems.
6. To maximize the value of the nutrients for crop production
and to reduce the potential for pollution, the waste should
be applied to a growing crop or applied not more than 30
days prior to planting a crop or"forages breaking dormancy.
Injecting the waste or disking will conserve_ nutrients and
reduce odor problems.
This plan is based on the waste application method shown above. If
you choose to change methods in the future, you need to revise this
plan. Nutrient levels for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain pH in the optimum range for specific
crop production.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
120 sows x 19.9 tons waste/saws/year = 2388 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
120 sows x 26 lbs PAN/sows/year = 3120 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time.
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2

1 ANIMAL WASTE UTILIZATION PLAT.
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
END
I
TOTAL10
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while -meeting the N requirements. In the future, regulations may
require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This plan
only addresses nitrogen.
Page:. 3

1 ANIMAL WASTE IITILIZATION PLAT,
TABLE 2: ACRES WITS NOTARIZED AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land.
See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
5746
la
PoB
BH
5.5
275
0
4
1100
APR-SEP
5746 1a IWkB �BH 15.0 250 10 16 11500 EP
5746 lb WaB BH 5.5 1275 0 4 11100
APR-SEP
JEND
TOTAL 3700
-- Indicates that this field is being overseeded (i.e..interplanted) or
winter annuals follow summer annuals.
** Acreage figures may exceed total acreage in fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required- nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
PER UNIT
BH
HYBRID BERMUDAGRASS-HAY
TONS
50
Page: 4

= t' ANIMAL WASTE UTILIZATION PLA&,,
TABLE "1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
0
0
14
3700
14
3700
* BALANCE
-580
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Page: 5

hLaIMAL WASTE UTILIZATION PLAN
*** This number must be less than or equal to 0 in order to- fully
utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than the
acres shown in the tables.
See attached map showing the fields to be used for the utilization of
animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 516 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 2580
pounds of PAN to utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of -nitrogen per acre, you
will need 8.6 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 20.64 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25% depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture content, soil structure, soil
texture, water droplet size, and organic solids. The application amount
should not exceed the available water holding capacity of the soil at the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables I and 2. Failure to apply the recommended rates and
Page: 6

r ` ."4IMAL WASTE UTILIZATION PLAA.4
amounts of nitrogen shown in the tables may make this plan invalid.
The following table is -provided as a guide for establishing application
rates and amounts.
Tract
Field
Soil Type
Crop
Application Rate
(in/hr)
Applic. Amount
(inches)
5746
la
POB
BH
0.60
*1.0
5746
la
WKB
BH
0.75
*1.0
5746
lb
WAB
BH
0.60
*1.0
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
Your facility is designed for 180.00 days.of temporary storage and the
temporary storage must be removed on the average of once every 6.00
months. In no instance should the volume of the waste be stored in
your structure be within the 25 year 24 hour storm storage or one foot
of freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct rates to the acres shown in Tables 1 and 2.' Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist after you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
Page: 7

0 t
Mortality NIanagerttent N-lethocis
(check which method(s) are being implemented)
�3 Burial three feet beneath the surface of the ground within 24 hours after
knowledee of the death. The burial must be at least 300 feet from anv flowing
stream or public body of water. -
Rendering at a rendering plant licensed under G.S. 106-163.7
r7 Complete incineration
O In the case of dead poultry only. placing in a disposal pit of a size and design
approved by the Department of Agriculture
�] Anv method which in the professional opinion of the State Veterinarian would
make possible the salvage of part of a dead animal's value without endangering
human or animal health. (Written approval of the State Veterinarian must be
attached)
Wj
pe:Z ether is. 1006

Insect Control Checklist for Animal Operations
Srlur,ce Cause IIMI's to Can trill lusects Site 5pecirle Practices
I:Illsll Cilutcrs • ACedlllalatilltt of solids ❑ Flush system is designed and operated
sufficiently to remove accumulated solids from
goners as designed.
❑ Remove bridging of accumulated solids at
discharge
I.agoulls Und Fits Crusted Solids ❑ Maintain lagoons, settling basins and pits whcre
pest breeding is apparent to minimize the
cnlsting of solids to a depth of no more Ilion 6 -
9 inches over more Ilion 300/6 of surface.
l*XCI:SSIvC Vcgctallvc • Decaying vegetation ❑ Maintain vegetative control along hanks of
t irutivdl lagoons and other impoundments to prevent
accumulation of decaying vegetative matter
along, waives edge on impoundment's perintcter.
Dry Systems
Frauds • Fce11 Spillage C1 Design, uperate told maintain feed systems (e.g.,
bunkers and troughs) to minimize the
accumulation of decaying wastage.
❑ Clean up spillage on a routine basis (e.g., 7 - 10
day interval during summer, 15-30 day interval
during winter).
Deed Slip ant: • Accumidations. Of feed MiLILICS ❑ Reduce: nsoisture accumidation within and
around immudinte: perimeter of feed storage
areas by insuring drainage away from site
and/or providing adequate containment (e.g.,
covered Wu for brewer's train and similar high
nwislarc brain products).
Cl Inspect for and remove or break up accumulated
solids in liltcr sirips around feed swrtgu as
nerdl:d.
r
r
A&IIC - Nuveuther 11, 1996, Page I

Swine Farm Waste Management Odor Control Checklist
Sunrce - Cause UN11's to h1inimice (irlur Site Specific I'raclices
f ulnlstcalt • Swine produclion fa Vegetative or wooded buffers;
Cl Recommended best management practices;
M flood judgment and common sense
Animal linty surfaces • Dirty manure -covered annuals n Dry floors
flour surfaces 0 Wet manure -covered floors n Slotted floors;
El Walerers located over slotted floors;
Cl Feeders at high end of solid floors;
M Scrape manure buildup from floors;
C7 Underfloor venliladon for drying
hl;lutuc cnitecliuu pits • price; n Frequent manure removal by flush, pit rechatsc,
Paiiial microbial decomposition or scrape;
n Underfloor ventilation
VC1110-11inll cshnulst Gull • Volatile gases; n- Fan nlaiIINJIMIU;
Dust Cl Uflicienl air nloveincnt
InLluor surGlccs
• Dusl
M
Washdown between groups of animals;
n
Feed additives;
n
feeder covers;
n
t-ccd delivery downspout extenders to rceder
covers
FIusit tanks
• Agitation of recycled lagoon
M
Flush tank covers;
liquid while tanks are filling
❑
lixtend fill lines to near bottom of tanks wills
alltl-Siphon vents
I111hil Aleys
s Agilalloa during Wastewalcr
M
I Inderfloor flush with underlluor ventilainn
conveyance
Pit leclIulige 1111illis
• Agitation of recycled lagoon
n
Extend recltllrge fines lit Hear himom III I111S
thick] while pits are filling
with anli-siphon vents
Lift slatinlls
• Agitation durlug stnnh tans:
n
Sump lank covers
filling and drawdown
"iltttaldk: Ihain colluclicka
• Agitation during wastewnlcr
Cl
flux covers
or junclnlll buxes
conveyallca
i
Ahltlt; - Pluvember It, 1996, P:lee 3

5,►ue'cr -- Came Ilhil's to Mhtimixe for Site SIICCific I'r-acltres
Standing water around • Improper drainage; Cl Grada and landscape such that water drains .�
facilities 4 Microbial decomposition of away from facilities
organic matter
Manure tracked onto • Poorly mainlained access roads Q Farm aCCCSS road maintenance
public roads bout farm
access
Addilinnal Information : Avuilul►le Front .
Swine 14ianuro Management ; 0200 ltule/pMP Packet NCSIJ, Comity lixteasion Center
swine Production Dann Potential Odor Sources and Itemedies ; E13AE Pact Sheet NCSIJ - IIAI:
Swine Prudtrction Facility Manure Management: Pit Recharge - Lagoon Treatmenl ; Ef3AE 128-88 NCSIJ - IIAli
Swine I'nuluction Facility Manure, Management: Underfloor Flush - Lagoon Treatment ; mAl's 129-88 NCSIJ - IIAI:
Lagoon Design and Management for Livestock Manure Treatment and Storage ; l:l3AE 103-83 NCSII - IIA H
Calibration of Manure and Wastewater Application Equipment ; FI)AE Fact Sheol NCSIJ - BA Is
Conlrolling Odors front Swine Wrildings ; Pill-33 NCSII - Swine Extension
I:itvironmemal Assurance Program ; NPPC Manual NC I'ot k 1'ro,htcers Assoc
nluions lie Managing Odor; a report from the Swine Odor Task Force NCSII Agri Communications
Nuisance C'nncurns in Animul Manure Management: Odors and Flies ; PRO107. 1995 Conference Proceedings Flnrid;j [.uuperative 17xten5i,lr1
Ahi()(: - lJuvember 11, 1996, Page 5

+ WASTE UTILIZATION PLAIN
REQUIRED SPECIFICATIONS-
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. Wastemay 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 drift 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: 8

, % • % 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.
17. A 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
of erosion, leakage or discharge.
Page: 9

R 1. WASTE UTILIZATION PLM4
REgUIRED SPECIFICATION
18. 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 thes
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 requlations.
Page: 10

1 9 1 ANIMAL WASTE UTILIZATION PLaH
WASTE UTILIZATION PLAN AGREMKENT
Name of Farm:CURTIS OXENDINE
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: CURTIS OXENDINE
(Please print:)
Signature: Date: �l�( z�g 7
Name of Manager(If different from owner) :
Signature: Date:
Name of Person Preparing Plan: (Please print)David W. Hedgpeth
Affiliation:NRCS Phone No. 910 739-5478
Address (Agency): 440 Caton Rd.
Lumberton NC 28358
Signature: &±1Z Date: Zzlz L.
Page: 11

EMERGENCY ACTION PLAN
DIVISION WATER QUALITY 910 486-1541
EMERGENCY MANAGEMENT SERVICES 910- 671-3150
ROBESON SOIL AND WATER CONSERVATION DISTRICT 910 739-5478
USDA -NATURAL RESOURCES CONSERVATION SERVICE 910 739-5478
This plan will be implemented in the event that wastes from your
operation are leaking, overflowing, or running off site. You
should not wait until wastes reach surface waters or leave your
property to consider that you have a problem. You should make
every effort to ensure that this does not happen. This plan
should be posted in an accessible location for all employees at
the facility. The following are some action items you should
take:
1. Stop the release of wastes. Depending on the situation, this
may or may not be possible. Suggested responses to some
possible problems are listed below.
A. Lagoon overflow -- possible solutions are:
a. Add soil to berm to increase elevation of dam.
b. Pump wastes to fields at an acceptable rate.
c. Stop all flows to the lagoon immediately.
d. Call a pumping contractor.
e. Make sure no surface water is entering lagoon.
B. Runoff from waste application field - actions include:
a. Immediately stop waste application.
b. Create a temporary diversion to contain waste.
c. Incorporate waste to reduce runoff.
d. Evaluate and eliminate the reason(s) that caused the
runoff.
e. Evaluate the application rates for the fields where
runoff occurred.
C. Leakage from the waste pipes and sprinklers - actions
include:
a. Stop recycle pump.
b. Stop irrigation pump.
c. Close valves to eliminate further discharge.
d. Repair all leaks prior to restarting pumps.
D. Leakage from flush systems, houses, solid, separators -
actions include.
a. Stop recycle pump.
b. Stop irrigation pump.
c. Make sure no siphon occurs.
d. Stop all flows in the house, flush systems, or
solid separators.
e. Repair all leaks prior to restarting pumps.
Page 1

k••I EMERGENCY ACTION PLAN
E. Leakage from base or sidewall of lagoon. Often this
is seepage as opposed to flowing leaks - possible
actions:
a. Dig a small well or ditch to catch all seepage, put in a
submersible pump and pump back to lagoon.
b. If holes are caused by burrowing animals, trap or remove
animals and fill holes and compact with a clay type
soil.
c. Have a professional evaluate the condition of the side
walls and lagoon bottom as soon as possible.
2. Assess the extent of the spill and note any obvious damages.
A. Did the waste reach any surface water?
B. Approximately how much waste was released and for what
duration?
C. Any damage noted, such as employee injury, fish kills, or
property?
D. Did the spill leave the property?
E. Does the spill have the potential to reach surface waters?
F. Could a future rain event cause the spill to reach surface
waters?
G. Are potable water wells in danger (either on or off of the
property) ?
H. How much reached the surface waters?
3. Contact appropriate agencies.
A. During normal business hours, call your DWQ (Division of
Water Quality) regional office, 910 486-1541; after hours
emergency number is 919 733-3942. Your phone call should
include: your name, facility, phone number, the details of
incident from item #2 above, the exact location of
facility, the location of direction of movement of the
spill, weather and wind conditions, the corrective measures
that have been under taken, and the seriousness of the
situation.
B. If spill leaves property or enters surface waters, call
local EMS, (Emergency Management Services) 910 671-3150.
C. Instruct EMS to contact local Health Department.
D. Contact CES (County Extension Service) 910 671-3276,
Robeson SWCD (Soil and Water conservation District) 910
739-5478, and USDA-NRCS (Natural Resources Conservation
Service) 910 739-5478 for advice and technical assistance.
4. If none of the above can be reached call 911 or the Sheriff's
Department 910 671-3100 and explain your problem to them and
ask that person to contact the proper agencies for you.
5. Contact the contractor of your choice to begin repair of
problem to minimize off -site damage.
A. Contractor Name: �LOCKLEAR CONSTRUCTION CO.
B. Contractor Address 1253 JONESVILLE RD. FAIRMONT NC 28340
C. Contractor Phone: _910-628-7534
Page 2

a EMERGENCY ACTION PLAN
6. Contact the technical specialist who certified the lagoon
(USDA-NRCS, Consulting Engineer, etc.)
A. Name: DAVID HEDGPETH
B. Company: NRCS
C. Address: 440 CATON RD. LUMBERTON,NC 28358
D. Phone: [phone]
7. Implement procedures as advised by DWQ, and technical
assistance agencies to rectify the damage, repair the system,
and reassess the Waste Management Plan to keep problem with
release of wastes from happening again.
Other notes:
Page 3

14. !•9'r', �.`�$" {?•'i;�4�1-„li[irf�.r/r� ^� s,��. }' •�=�! �„} y.3 ,�! ✓- r y
121flR �.�: ,ys r � „` r�, ���!!.'.�. , , �; yr Y. �' � ,��+�,i'�}��d_ ��',; � Cz. , '� ; . • � �, ..
�{r '�Ayt'•+��r,�II I:�f y y"#i }, �Q .hr1Nj},r�� �t,,�,�,}jA.•�' C '.y.,r .
���� � J„�1'+��t. ��� i•.t�1!�C7r'K,�'1M�� +'�', •' _- ---. .
ve
y!� �! ♦Y 1 k'• f
�+ ji,�rfay�1167
r 'i''+'ir r(' Al -..A C . '..Y YS?�'•• •�,•''i E. �, ' ..r�. .I li , �� 'I,� r e��Ty' 1
4s"." ✓�r � "� if��4Y C t�iT1}�
6 6F _?yy,'f
rye ! u"a' r ' ` 4• T T� �t ��';, �'if ... ; 1 r A.. ,� _ t'r
r r � srF} ���}}'�' A � .' i' dL•!. Y. , �i 1. r•t }� • s' ,, -r. � � r' 3S � �+,
,,'1� i.;,�,q� .�•p? � �!'�, • f i 'z"%Y � J�y}f ,\ . , � r ��, ; v •I 3,,.' :,�Z.J - .. .
,�ff f'��Fh �'1��i=�• h;, '� � :..r � ' y� 'r. �''��s �y, ff��.,}.�4,�i,�r. a •'�1• \ r � �F - Ir F ���,
,� .I,' 1. ..,, ,:� .�. 'lr '�r,,'.f,�y',��M�' ;,. •� f,j h _ ,i� , •� ,`kt";!tsti y-iii, _ A.
�•: `�• ..i . � i f�'r„� ,i r,C, 4•r4�i �.:`IJ4 r .1,t"F'. •t r V, 1 11 � y�t"7j'•'' r� tr - �', - t ',P.1
ji�,}��t I '+"`�) s �Y _ ,..1 4• fT', �• '�'`,� t- �•,7.
I;�}iir7r''.�7'� •, / / t� .sr r 1. '•h .. , r.-'�
, r��, `*..!: r' �.{�. ���Y � f +'1�'r A ' i,f� �•"i J'f r', f �h,!.A. L � r;1 1<. '{ 4
;4 . '.L pp Y� y I' (1�. 1 �Ali •/i!;i�1T J L " { f yV a,t , 1+ r
-F. 4
MkIt
y ,},A µ { ''1 � � b'�`,r��,' � . z. c 1t�.i�`3'r� {^` 471 f1 E��"SS r+ i „� "��•� r � ,
�x'r�'►'#. i r.t !'��}i5�t` "1 �L i? 57��P r t�-• ' �., '1 + ` ti`� '.j ,�:�
I4�`^4;„_%, 1C1^ 7r. 'Pr-M1�`'�: r ,� i ;`7 V.?* .l•` -
� ��• � ?e,�IS� i.�.+.�� ��i`: • 1 •' aw:�,jl = I 7�4, � Y�L"K'';C y{, ' �rA',: :+trY�� � �°��'� T `. 1
i.i. �r=S^�; R,r' s' ,q?�P� �'i Mq�V�� S ,' - t jrtr s��Ty't ►, k f r tv � { ` y,
S: { �"� ,.�. � ,. �r !C � 'ft e { ,h.zp �.%' ' ,� rFi.!'•!'�+£ '� � : 7 �� i Q r.�
i/
�. � �' �'ih"f'f�' � #if �fii .i.r�r• •1+r�., t''� �.�i0� ..
•,. 1 �•:_',��� f' . Via. �� s k •,.<.� �� F'•� � t I . ,- t +� '��'�' .
11
Lax
0 3 1 '�'

NORTH CAROLINA
ROBESON COUNTY
THIS LEASE AGREEMENT, made and entered into by and between A.
Norman Emanuel, hereinafter called the "lessor" of Robeson County,
North Carolina, party of the first part, and Curtis Oxendine, of
the same county and state, hereinafter called the "lessee", party.
of the second part, said lease agreement bearing date of January 1,
1996.
WITNESSETH:
That said lessor, in consideration of the sum of ONE THOUSAND AND
00/100 DOLLARS ($1,000.00) and other valuable consideration to be
paid to lessor,, by lessee, as hereinafter stipulated, said lessor,
does hereby lease and demise to the lessee and its heirs and
assigns, for a period of twenty five (25) full calendar years, the
following described farmlands situated in Rennert Township, Robeson
County, North Carolina,
Rennert Township, Robeson County, North Carolina
All that certain tract or parcel of land lying about 2 miles south
of the center of Rennert, N.C., on the southwestern side but not
adjacent to SR 1752, on the northwest side of but not adjacent to
SR 1318 and adjoining the lands of N.C.D.O.T. on the southeast and
adjoining other lands of A.N. Emanuel (10-I/495) on all other sides
and being more particularly described as follows:
BEGINNING at a stake in the southeast or fourth line of the 155
acre tract of which this is a part as shown in Deed Book 10-I, page
495, at its intersection with the edge of the woods, said stake
being located North 50 degrees 35 minutes East about 1215 feet from
a .lightwood stump at the head of Mirey Branch, the most southern or
fifth corner of said 155 acre tract and runs thence from said
beginning stake along the edge of the woods North 39 degrees 25
minutes West 250.0 feet to a stake at a bend in said woods; thence
continuing along the edge of said woods line North 09 degrees 10
minutes East 1360.0 feet to a stake at a bend in the edge of said
woods; thence along the edge of a field South 39 degrees 25 minutes
East 750 feet to a stake (about 100 feet northwest of a building);
thence South 50 degrees 35 minutes West 180.0 feet to a stake;
thence South 39 degrees 25 minutes East 400.0 feet to a stake in
the original fourth or southeast line of said 155 acre tract;
thence with that line South 50 degrees 35 minutes West 840.0 feet
to the beginning, containing 14.7 acres, more or less.
And being a part of that 155 acre tract conveyed by. Lacy Smith and

/• V, to 9
Y
wife, Mattie Smith to A.N. Emanuel by deed dated 25 September 1947
and -recorded in Deed Book 10-I, page 495, Robeson County Registry.
Bearings referenced to Deed Book 10-I, page 495.
This description was not prepared from actual survey but compiled
from Deed Book 10-I, page 495, aerial photo and computations.
This tract of land herefore described includes the fifteen to
twenty (15-20) acre section of the sixty seven (67) acre farm
service agency tract number 5746.
This lease agreement shall include access to additional acreage if
needed upon subsequent agreement by the parties and coordination of
the crop farming tenant.
The terms and conditions of this lease agreement being as follows:
1. It is agreed that the lessee is to pay the lessor, his
heirs and assigns, the sum of ONE THOUSAND AND 00/100 DOLLARS
($1,000.00) on January 1, 1996 and each January 1st thereafter for
the term of this lease and that the term of this lease agreement is
to be for twenty five ( 25 ) full calendar years beginning January 1,
1996 and ending January 1, 2020. Thereafter, this lease agreement
shall continue between the parties hereto upon the same terms and
conditions as herein set out on an annual basis, unless expressly
terminated by written instrument executed sixty (60) days prior to
the anniversary date of this agreement.
2. It is further agreed between said parties hereto that said
party of the second part shall have the right and privilege of
maintaining the land in a suitable manner for livestock farming and
for such other crops as approved by the Robeson County, USDA, ASCS
Office for said county, and provided further that such use of the
land will include agricultural crops necessary for the removal and
utilization of animal effluent and accumulated in connection with
livestock farming or for any other legitimate purpose.
3. The parties agree that the lessee_ will maintain the field
as suggested in the waste management plan guidelines pertaining to
crop rotations, soil fertility and waste application; the lessee
may discontinue swine waste application at any time during the term
of this lease.
4. It is also agreed between said parties hereto that lessee
shall be solely responsible for providing casualty and liability
insurance for said property.
5. It is further agreed between the parties hereto that said
party of the second part will make no unlawful or offensive use of
the aforesaid lease premises; that it will permit no waste thereof,
and will surrender possession of said leased premises, at the end
of said term in good order and condition, reasonable wear and tear

X r t
and unavoidable accidents excepted.
5. It is further agreed between the parties hereto that said
lessee shall save and hold harmless said party of the first part
for any liability arising from the use and enjoyment -o-f said
premises, including but not limited to injury to any person upon
the premises, any environmental hazards or spills or other
liability arising from the maintenance of intensive livestock
operations upon the premises.
7. It is further agreed between the parties hereto that said
lessee shall have and enjoy the use of said lease premises without
any molestation or interference on the part of the lessors, their
heirs or assigns, or any person or persons, or corporations, so
long as the party of the second part, and its heirs and assigns,
complies with the terms hereof.
This the _ day of crric+a. 199((.
A. NORMAN EMANUE
r
CURTIS O NDINE
sivQiu, = 7�'•,AND SUBSCRIBED BEFORE ME
' lldi9' Tfb1 """ = " DAY OF n a , 199(p
SEAL
~ ` OT IZY' ,PUBLIC
MXC,'C414MI'.9ION EXPIRES:

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governer
Bill Holman, Secretary
Kerr T. Stevens, Director
Curtis Oxendine
Oxendine Pork Farm
149 Mayberry Drive
Shannon NC 28386
Dear Curtis Oxendine:
IT 0 0
RECEIVED
FEB 17 20DQ
FAYET't V#LLNCDENii
REG. OFFICE NORM-! CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 2000
Subject: Certificate of Coverage No. AWS780063
Oxendine Pork Farm
Swine Waste Collection, Treatment,'
Storage and Application System
Robeson County
In accordance with your application received on November 22, 1999, we are forwarding this
Certificate of Coverage (COC) issued to Curtis Oxendine, authorizing the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with General
Permit AWG100000. This approval shall consist of the operation of this system including, but not
limited to, the management of animal waste from the Oxendine Pork Farm, located in Robeson County,
with an animal capacity of no greater than 120 Farrow to Finish and the application to land as specified
in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations
as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General
Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS
143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Certificate of Coverage AWS780063
Oxendine Pork Farm
Page 2
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Fayetteville Regional Office. The Regional Office Water
Quality Staff may be reached at [phone]. If you need additional information concernin- this
COC or the General Permit, please contact JR 7oshi at [phone] ext. 363.
Sincerely,
i
Kerr T. Stevens
cc: (Certificate of Coverage only for all cc's)
Robeson County Health Department
Fayetteville Regional Office, Water Quality Section
Robeson County Soil and Water Conservation District
Permit File
NDPU Files

i �w
State of North Carolina
1 .
Department of Environment and Natural Resources
Division of Water Quality WQ�RQU pIForm - v
(THIS FORM MMAY BEPHOTOCOOPNon-Discharge PIIED FOR1USE�AOS AN ORIGINAL) �S C
General Permit - Existing Animal Waste OperatilQ�22 N
ln.. �S�g
The following questions have been completed utilizing information on file with the DiZ"�- Please
review the information for completeness and make any corrections that are appropriate. 1Pa
question has not been completed by the Division, please complete as best as possible. Do not leave
any question unanswered.
1. GENERAL INFORMATION:
1.1 Facility Name: Oxendine Pork Farm
1.2 Print Land Owner's name: Curtis Oxendine
1.3 Mailing address: L
City, State: Shannon NC Zip: 28386
Telephone Number (include area code): 910 843-5570
1.4 County where facility is located. Robeson
1.5 Facility Location (Directions from nearest major highway_ Please include SR numbers for state roads. Please include a copy
of a county road map with the location of the farm identified): Farm
is on SR 1318. - 1 mile north of SR 1001
1.6 Print Farm Manager's name (if different from Land Owner): SA Al
1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed):
1.8 Date Facility Originally Began Operation: 01101n8
1.9 Date(s) of Facility Expansion(s) (if applicable):
2. OPERATION INFORMATION:
2.1 Facility No.: 78 (county number); 63 (facility number).
2.2 Operation Description: Swine operation
Farrow to Finish
120- Certified Design Capacity
Is the abrve information: correct? yes; 0 no. if no, correct belcw using the design capacity of the facility
The "No. of Animals" should be the maximum number for which the -waste management structures were designed.
Type of Swine No. of Animals Type of Poultry No. of Animals
• Wean to Feeder - Layer
• Feeder to Finish - Non -Layer
•Farrow to Wean (# sow) • Turkey
• Farrow to Feeder (# sow)
- Farrow to Finish (## sow)
Other Type of Livestock on the farm:
FORM: AWO-G-E 5/28198 Page I of 4
78-63
TyM of Cattle No. of Animals
• Dairy
- Beef
No. of Animals:
RECEIVED
F E 3 17 2000
FAYETTEVI LLE
REG. OFFICE

IL
2.3 Acreage cleared and available for application (excluding all required buffers and areasnot covered by the application
system): 14 : Required Acreage (as listed in the AWMP): 14
2.4 Number of lagoons/ storage ponds (circle which is applicable):
2.5 Are subsurface drains present within 100' of any of the application fields? YES or NO (please circle one)
2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or NO (please circle one)
2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRC�S Standards, etc.) (Swine Only)
(Y +LS Jbr NO (please circle one)
What was the date that this facility's swine houses and lagoon were sited? of%l /78�Je/0-.3a - 96
What was the date that this facility's land application areas were sited? o //p I Z78 New s,le_ p/- o z - 91.,
I. REQURE O ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
3.1 One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
32 Two copies of a general location map indicating the location of the animal waste facilities and
field Iocations where animal waste is land applied;
3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). if the facility
does not have a CAWMP, it must be completed prior to submittal of a general permit application
for animal waste operations_
The CAWMP must include the following components. Some of these components may not
have been required at the time the facility was certified but should be added to the
CAWMP for permitting purposes:
3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available
Nitrogen (PAN) produced and utilized by the facility.
3.3.2 The method by whichwaste is applied to the disposal fields (e.g. irrigation,
injection, etc.)
3.3.3 A map of every field used for land application.
3.3.4 The soil series present on every land application field.
3.3.5 The crops grown on every land application field.
3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP.
3.3.7 The PAN applied to every land application field.
3.3.8 The waste application windows for every crop utilized in the WUP. .
3.3.9 The required NRCS Standard specifications.
3.3.10 A site schematic.
3.3.11 Emergency Action Plan.
3.3.12 Insect Control Checklist with chosen best management practices noted.
3.3.13 Odor Control Checklist with chosen best management practices noted.
3.3.14 Mortality Control Checklist with the selected method noted.
3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be
sure to include any site evaluations, wetland determinations, or hazard classifications
that may be applicable to your facility.
3.3.16 Operation and Maintenance Plan.
If your CAWMP includes any components not shown on this list, please include the
additional components with your submittal.
FORM: AWO-G-E 5/28/98 Page 2 of 4 78 - 63
Api)licants Initials
o

., ►
Facility Number: 78 - 63
Facility Name: Ozendine Pork Farm
RECEIVED
WATER 01IAL17YSFCTION
INCH 2 2 199.9
4. APPLICANT'S CERTIFICATION: NON)ischarge P8rmitfing
I, �C u1-hs OX P�4 iNe— (Land Owner's name listed in question 1.2), attest that
this application for 0 iC &,I,C( I iae- D/`K (Facility name listed in question 1.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to as incomplete.
r
Signature Date
5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
r
(Manager's name listed in question 1.6), attest that this
application for (Facility name listed in question 1.1).
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE PERM I'MG UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
TELEPHONE NUMBER: [phone]
FAX NUMBER: [phone].
FORM: AWO-G-E 5/28/98 Page 3 of 4 78 - 63'

PO4Q
SCS-CPP '11* t. Name and Addraaa of Polio SL onto of 17nqunel
ationServios (Ju, Curtis . Oxendine" 5/30/96
' RR 1 Box 121
HIGHLY ERODIBLE LAND AND WETLAND
Shannon NC 28386 county
CONSERVATION DETERMINATION Robeson.
Name of USDA Agency or Person Requesting Determination FSA 5• Farm No. and Tract No.
T-459
SECTION I - HIGHLY ERODIBLE LAND
Is soil survey now available for making a highly erodible Land determination? Yes to No"-
FIELD NO.1s)
TOTAL ACRES
Are there ierodible soil map units on this farm? - Yes ❑ No a]
r-1°� .
� �ua:�
List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity in any
-top year during 1981-1985.
List highly erodible fields that have been or will be converted for the production of agricultural commodities and,
according to ASCS records, were not used for this purpose in any crop year during 1981-1 W5; and were not
enrolled in a USDA set -aside or diversion program.
Norte
This Highly Erodible Land determination was completed in the: Office Field ®
f-3�n[lei a1WJj=1tn_TaOR
FIELD NO.(s)
TOTAL ACHES
Are there hydnc soils on this farm? Yes ® No ❑
�`
;'. ':
Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Fanned Wetlands Pasture may be
farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are riot,
abandoned.
:. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23. 1985. The use. management,
drainage, and alteration of prior converted cropland (PC) are riot subject to the wettarid conservation provisions unless
None
the area reverts to wetland as a result of abandonment.
:. Artificial Wetlands (AW). Artificial wetlands includes irrigation -induced wetlands. These wetlands are not sAed
to.the wetland conservation provisions.
i. Minimal Effect Wetlands (MW). These wetlands are to be fanned according to the minimal -effect agreement signed
at the time the minimal -effect determination was made.
i. Mitigation Wetlands (MIW). Wetlands on which a person is actively mitigating a frequently cropped area or a we,tLTW
converted between December 23, 1985 and November 28. 1990.
7. Restoration with Violation (RVW-year). A restored wetland that was in violation as a result of conversion after
November 28. 1990. or the planting of an agricultural commodity or forage crop.
B. Restoration without Violation (RSW). A restored wetland converted between December 23, 1985 and
November 28, 1990, on which an agricultural commodity has not been planted.
9. Replacement Wetlands (RPW). Wetlands which are converted for purposes other than to increase production,
where The wettand values are being replaced at a second site.
:0. Good Faith Wetlands (GFW+year). Wetlands on which ASCS has determined a violation to be in good faith and the
wetland has been restored.
1. Converted Wetlands (CW). Wetlands converted after December 23. 1985 and prior to November 28, 1990. In any
year that an agricultural commodity is planted on these Converted Wetlands, you will be ineligible for USDA benefits.
Converted Wetland (CW+year). Wetlands converted after November 28, 1990. -You will be ineligible for USDA
program benefits until this wetland is restored.
12. Converted Wetland Non -Agricultural use (CWNA)- Wetlands that are converted for trees, fish production, shrubs.
cranberries, vineyards or building and road construction.
24. Converted Welland Technical Error (CWTE). Wetlands that were converted as a result of incorrect detemrinatfon
by SCS.
25. The planned alteration measures on wetlands in fields are considered maintenance and are in compliance
with FSA. _
26. The planned alteration measures an wetlands in fields _ are not considered to be maintenance and 0
installed will cause the area to become a Converted Welland (CW). See item 22 for information on CW+year.
'IT. The wetland determination was completed in the office n.. field ® and was delivered ❑ mall d0 to ft Pemn on / 6
2f3. Raman' Wooded`. area identified on photo does not contain wetlands.
29. 1 terrify that the above determination is correct and adequate for use in determining 30. Signature of scra Djstrict Conservationist 31. to
eligibility for USDA program benefits, and that wetland hydrology, hydric soils. and % 12 / 9 6
hvdrophyric vegetation under normal circumstances exist on all areas outlined as
Wetlands- Farmed Wetlands. Wedands Pasty
Astlaftri= and IN coums of am SW Conaarvatlaer SwWw wr>ea k Wnft W espied to am, nW4Fkn cow, sax, apa+ oe
SCS CODY

i tii „ �" " ;�1 � t� i • �, t. ).
r f
or
,.`

OCT. 2.1997 4:54PM ENVIRONMENTAL MGMT
Operator. CURTIS 0XI' DINE '11 � : Jnty: ROBESON
Has the site evaluaUun bmn compie i i & approved:
1. AVERAGE; LIVE WEIGHT (AI_W)
120
sows (farrow to finish)
x 1417 lbs.
0
sows (farrow to feeder)
x 8= Ibs.
0
Read (finishing only)
x 135 ft.
0
Sam (farrow to wean)
x 433 lbs.
0
head (wean to fee�r)
x 30 ft.
Describe o#w .
2. MINIMUM REQUIRED TREATiId O
Volume = 170040 al
Total AYMge Live Waigtrt =
'VOLUME OF LAGOON
fw4
No.594 P.2/8
0.0
170040 Iba
0 Ihs
0 lbs
0 lbs
0 lbs
0 ft
170040 lbs
c ft (includes 0 cu. fL add. treat.. vol.)
3. STORAGE VOLUME FOR SLUDC-P ACCUMULATSON
Volume = 42480.0 of feet
4. TOTAL DESIGNED VOLUME
I
Inside tap 4e (feet)—
236.5
Inside top width (fed' - •.---------
236.6
Top of dike elevation (feet, .---------
100.00
Bo#t rn of tagoan elevaatior i eet]--------
06.60
Freeboard
1.00
Emergency spftray depth : flow(f0ff*—
0.00
Side slopes (inside lagoor,
3.0 :1
Total design volume using : isrnoidal fnnnula
SSIEND1 SSA=-Nd2 5,; ADE1 SS/SIDE2
LENGTH WIDTH
3.0 3.0 j 3.0 3.0
230.5 230.5
AREA OF TOP
LENGTH ' WIDTH =
230.5 230.5
AREA OF 60TTOM
LENGTH' WIDTH =
155.5 15ES
i
AREA OF MIDSECTION i
LENGTH ; WIDTH * 4
193.0 193.0
GU. FT. = [AREA TOP + (A
53130
53130 (ARGA OF TOP)
24180 (AREA OF BOTTOM)
DEPTH
12.50
1 148M (AREA OF MIDSECTION * 4)
1 ( REA MIDSECTION) + AREA 5OTTOMq * DEPTHM
148996 24180 2.08
rl i it Designed Volume Available - 471472 CU. FT.
M■

• OCT. 2.1997 4:55PM - ENVIRONMENTAL MGMT
5. TEMPORARY STORP'=E REQU 1 � =-D
DRAINAGE AREA:
Lagoon (top of duce)
( Length • Wiidth) + 5,
235.5 236.5
Buildings (roof and lot we-.
TOTAL DA
r aoe area of connecting waste facility
OA
5932.3 square feet
I or impervious area
I
0.0 square feet
5932.3 square feet
NO.594 P.3/8
Describe this area,
Design temporary storage i snod to riod to 5 e 180 days.
5A, Volume of waste produced
Feoes & urine production i gal.tday per 1351b. ALW 1.37
Volume = 170040 Ib I . ALWII3S lbs. ALW * 1.37 gaVday 180 days
Volume = 31 OB06 g. � ; . or 41524.9 cubic feet
5B. Volume of excess water
Volume = 1140.0 g; I. ns/day * 180 flays storageJ7.48 gallons
per CF
Volume = 27433.1 a P ,feet
SC. Volume of rainfall in excess of ev, i 3ration
Use period of time when r7 i fall exceeds evaporation by largest amount
180 days evaporat t - 13.0 lndgs
180 days rainfall ' = 21.0 inches
Volume - 21.0 in € i IA 112 in. per ft. = 97881 cubic fleet runoff
Volume = 13.0 in ;goon DA/12 in./ft = 60593 cubic feet soap.
Volume = 37288 cu i feet
5d. Volume of 25 ear 24 hour storm 7.0 in.
y �
Volume of "Heavy Rain" 7.0 in.
Volume = 14.0 (nr s / 12 inches per foal • DA
Volume = 65254 cW i feet
5E, Additional volume as follows._ ° 1 _
TOTAL REQUIRED TEMP tARY STORAGE
1
5A. 1 525 cubic feet
58. 7433 cubic feet
5C. 7288 cubic feet
13254 cubic feet
5E. 0 cubic feet
TOTAL 4 1501 cubic feet

OCT. 2.I99�AF 4:55PM! ENviRONMENTRL MGMT
NO. 5g4 R.4/2
Temporary str`"49e periQ 4j : _= =--_ =--- - =`s
180
days
Rsinf ili durik attest;Xh � )d of starage==='>
21.0
inches
Evaporahion during stnral r
13.0
inches
25 year - 24 hour rainfalh• • - ---
7.0
Inches
Heavy rain-=-= -- =� -
7.0
inches
Freeboard—
1.00
feet
.
Side skopas=-�.•-= -Q� =..=.-_--_--
3A
:1
lnsicie top length} - _--a.=-
236.5
feet
Inside top width--. ;4
236.5
feet
Emergency spillway ehmJ.4' mC'rf planned}-
99.00
fit
Top of clike, elevatlan===i r
100.1Dti
feet —
Bottom of lagoon elevatic r -- =
86.50
feet
Top of sludge e6vaborh=
86.15
feet
Total required vau ----- --
384021,
cu. It
Actual design voiume==: r = ` - =-}
471472
cu, ft.
Sewmnal high watertable 1i wabon (SHWTj===n,-
91.00
feet,
Stop pumping elev.L�}}: _
93.70.
feet
Must be 3 or = to the SH 14 T e ev. -- - --
91.80
feet
Must be, or =to min, re�,. treatrimfitel.-_>
92.50
feet
Min. RequM bsatmerd tj Id rmer—r— ==---�
170041)
cu. ft •
p pumping (U rst�iert==�_---__�
Volume at stop --^-�
1W52
cu. R.
BUirt pumping elev.=====; :!-=----- -
97,00
feat,
Must be at bottom of F.B; i .25 yr. rainfall $ heavy rain
"
AOt_ vol. less 25 yr. and W i y
408218
cu. ft.
Volume at start pumping E f:
370647
cu. fL
Requmad volume to be pu -n -= _
106245
cu. ft.
Actual volume planned to � c pumped=— ,—>
143704
cu. ft.
Min. thicimeas of soil liner k ten required
I A
#set
7. DESIGNED BY: Chris APPFVED BY
Walling -Div. SWC
DATE.10/2/97 A,4TE; /4
,I
0,&AX
�Ca

Wn 2.1997 4:55PM ENVTRDNh1E«AL MGMT
NO. 594 P.5/8
OP RATIO?' AND MAINTEMNCER PLAMI
--------i --------------------
SE= 1 OF 2
This lagoon is designed I$T waste treatment (permanent storage) and
180 days of temporar l storage. The time required for the planned
fluid level (permanent atemporary storage) to be reached may vary
due to site conditions, ather, flushing operations, and the amount
of fresh water added to Ws system.
The designed temporary s1` rage consista of 180 days storage for:
(1) waste from animals a?r (2) excess rainfall after evaporation. Alao
included is storage for 11e 25 err - 24 hr storm for the location and a
heavy rain factor. The �( lume of waste generated from a given number
of animals will be fair.;} constant throughout The year and from year to
year, but excess rainfal will vary from year to year. The heavy rain
factor and 25 yr zainfal gill ;rot be a factor to consider in an annual
pumping cycle, but 'this Ij! orage 'volume must always be available.
The waste produced by th+; animals shall be utilized in accordance with
an approved waste utiliz+ ion plan. Highly visible markers shall be
installed to mark the upy x and lower elevations of the temporary
storage (pumping volume)i Pumping shall be done an neceeeary tc
maintain the liquid lavei between these markers -
Pumping
pp any time between these two
can be started o:� stopped at
elevations for operating h onvenisgce as site conditions permit, such as
weather, soils, crop, and equipment in order to apply waste without
runoff or leaching.
Land application of
method'of disposal.
center pivot, guns,
taken when applying
The following items
wasto water is recognized as an acceptable
MetI : ds of application include solid set,
and 01aveling gun irrigation. Care should be
waste to prevent damage to crops.
are t;: be carried out:
1. Before wastes are indItoduced, the waste treatment lagoon shall be
Charged to 1/2 its treatr'=nt volume to prevent excenvive odors during
start-up. Pre -charging i Wee the concentration of the initial
waste entering the lagoon thereby reducing odors. solids should be
covered with effluent atIll times. When precharging is complete,
flush buildings with reds: led lagoon liquid. Fresh w*ter should not
be used for flushing afteit initial tilling.
2. The attached waste uJ=izat .on plan shall be followed. This
plan recommends sampling R sd testing of waste (bee at:.achment)
bef-irn 1 mnd aprlicatiori. ,
} voe ce"I
3. Begin ternperary store_ pump -out of the lagoon when fluid level
reaoheo the elevation 9=#M as marked by permanent marker. Stop pump -
out when the fluid level tBaches elevation NowMAI This temporary
storage less 25 y_ and ht ry vain contains cu4ic feet or
$9*5 5 gallons. q 37b cP-w
�6 7 #i �pScR w
i.
I,
,f

i XT. 2.1997 4:56PM
• k
ENVIRONMENTAL MGMT
II
{
I
NO.394 P.6/8
SHEET 2 OF 2
4. The recommended maxiILM amount to apply per irrigation and
recommended maximum appl:;ation rate is shown in the waste utilization
Plan. Refer to the waste .tilization Plan for further details.
5. Keep vegetation on t1 : embankment and areaa adjacent to the
lagoon mowed annually. 13station should be fertilized as needed
to maintain a vigoxuus sf:ad.
6. Repair any eroded arE'
establish iu vegetation.
7. Repair areas of the C
height or areas where cre
B. Repair waste inlet pa
9. Remove undesirable vE
10. All surface runoff 1
outlets when not includes
11. .After five years the
sludge accumulation annu�
treatment volume, the a1L
rates based on analyais
a minimum of 4 feet of de
or areas damaged by rodents and
"cankment that settle below the design settled
drug, sloughing, or uJug" holes develop.
�.as that develop cracks or separate at the
tative growth and floating or lod ed debris.
�. 9 9 g
to be diverted from the lagoon to stable
ke part of the design temporary storage.
#a8te treatment lagoon shall be checked for
LLy. If sludge has encroached into the
s ;e will be removed and applied at agronomic
the sludge. Treatment volume must. have
::h free of sludge at all times.
12. In December 1992, tr
in North Carolina revised
animal operations. These
1993 (15A NCAC 2H .0200) .
within the requirements cl`
Environmental Management Commission (MMC)
water quality regulations that addreas
rules became effective on February 1,
This animal operation shall be operated
these rules and rela.ions.
13. Pipes that are used )r recycjng effluent to use a5 flush water
and irrigation intakes be placed 18 inches below the surface and
as far from the inlet dis:iarge pipes as possible in order to provide
a cleaner effluent for fIiih_ng and to reduce odors when irrigating cn
land. When these pipes s�: placed through the embankment, they should
be installed no more than :wo feet below top of embankment and nor in
the highest section of fi... The pipe trench shall he. acmpacted with
clavey material or other litterial as approved by an engineer.

r. �
A
y}] /•.
A O.
!j i+
°i .•'
-r !
r
sae'' �
I
p
Am
L'
t>
�•
�/f., � r
9
s �
p, y
�tt}}
y
pw�14
l „r

U. S. Department of Agric :ural
Soil Conservation Service
HAZARD CLASSIFICATION DATA SHEET FOR DAMS
Landowner UA-7tf$ OY eAldiAJ e- County Robeson
NC-ENG-34
September 1980
File Code: 210
Community or Group No. C-1 " Conservation Plan No.
Estimated Depth of Water to Top of Dam 5- Ft. Length of Flood Pool ZJZ-SFt.
Date of Field Hazard Investigation--- jo- 3 0 - q6
Evaluation by reach of flood plain downstream to the point of estimated
minor effect from sudden dam failure-.
Est. Elev. : Est. Elevation
Kind of Improvements : of Breach
Reach: Length Width Slope Land use Improvements Above : Floodwater Above
Flood Plain : Flood Plain
Ft. Ft.
Ft. Ft.
2
3
Describe potential for loss of life and damage to existing or probable
future downstream improvements from a sudden breach There is no outside
runoff into lacroon. and no ROtential for loss of life -or damage to
downstream improvements. 1yoods is 51,7all 8.4,4AeL, 7*� /ayo
ro SA /00/ ,
Hazard Classification of Dike (a, b, c) (see NEM-Part 520-21)
Lagoon Classification (I, 11, 0 IV, V)
Concurred By
(name)
(title)
NOTE: 1. Instructions on reverse side.
2. Attach additional sheets as needed.
Date U tl Z-. -9 4 1
Dat

INSTRUCTIONS
All dams built with technical assistance from the Soil
Conservation Service must have a hazard classification assigned
by the person responsible for approving the design. Most farm
ponds, except in borderline cases, can be classified after a
complete field investigation without assuming failure and making
breach studies. This date sheet is to be used for recording
the information obtained through field studies and for
documenting the hazard classification. where there is a
possibility for loss of life or major property damage from a dam
failure, an approved breach routing procedure is to be used.
(Consult with the area engineer.)
Hazard classification of dams are made by evaluating the
possibility for loss of life and the extent of damage that would
result if the dam should' suddenly breach --that is --a section of
the dam be suddenly and completely washed out. It is to be
assumed that a wall of water will be released equal to the height
of the dam. This flood wave will be reduced in height as it
moves dwon the flood plain. The wave height (depth of flooding)
should be evaluated for a sufficient distance downstream until
the estimated flood level will not cause significant damage to
improvements, such as homes, building, roads, utilities,
reservoirs, etc. The breach flood level will be reduced
depending on the valley storage, slope, -and openness of the flood
plain; however, in a narrow steep valley slopes steeper than 10$
should_ be given special consideration. one method of evaluation
is to compare available valley storage (under flood conditions)
to impoundment storage (figured to the top of dam) for each reach
evaluated with a judgment estimated made of the flood wave height
at all critical points downstream.
Should there be any questions about the hazard classification for
a dam, the area engineer should be consulted before making design
commitments.

ANIMAL WASTE UTILIZATION PLAN P49 (?
REVISION
Producer: CURTIS OXENDiNE
Location: RR 1 BOX 125C
SHANNON NC 28386
Telephone: [phone]
Type Operation: Existing Farrow to Finish Swine
Number of Animals: 120.00 sows
(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.
1 ai
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 not 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 DEM regulations.
Page: 1

ANIMAL WASTE UTILIZATION PLAN
S. Wind conditions should also be considered to avoid drift and
downwind odor problems.
6. To maximize the value of the nutrients for crop production
and to reduce the potential for pollution, the waste should
bezapplied to a growing crop or applied not more than 30
days prior to planting a crop or forages breaking dormancy.
Injecting the waste or disking will conserve nutrients and
reduce odor problems.
This plan is based on the waste application method shown above. If
you choose to change methods in the future, you need to revise this
plan. Nutrient levels for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain pH in the optimum range for specific
crop production.
This waste utilization -plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
120 sows x 19.9 tons waste/sows/year = 2388 tons
AMOUNT_OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
120 sows x 26 lbs PAN/sows/year = 3120 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2

ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
END
I
TOTAL 10
- Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied
while -meeting the N requirements. In the future, regulations may
require farmers in some parts of North Carolina to have a.
nutrient management plan that addresses all nutrients. This plan
only addresses nitrogen.
Page: 3

ANIMAL WASTE UTILIZATION PLAN
TABLE 2: ACRES WITH NOTARIZED AGREME NT OR LONG TERN LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land.
See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
5746
la
POB
BH
5.5
275
0
4
1100
APR-SEP
5746 Ila JWkB IBH 5.0 1250 10 16 11500
APRSEP
5746 lb WaB BH 5.5 1275 0 4 11100
APR-SEP
JEND I I I I
TOTAL 3700
Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
** Acreage figures may exceed total acreage in fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
PER UNIT
BH
HYBRID BERMUDAGRASS-HAY
TONS
50
Page: 4

ANIMAL WASTE UTILIZATION PLAN
TABLE 1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
0
0
14
3700
14
3700
* BALANCE
-580
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Page: 5

NIMAL WASTE IITILIZATION P:
*** This number must be less than or equal to 0 in order to fully
utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than the
acres shown in the tables.
See attached map showing the fields to be used for the utilization of
animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 516 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 2580
pounds of PAN to utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will need 8.6 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 20.64 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25% depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture content, soil structure, soil
texture, water droplet size, and organic solids_ The application amount
should not exceed the available water holding capacity of the soil at' the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
Page: 6

AIMAL WASTE UTILIZATION PL_ ..
amounts of nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application
rates and amounts.
Tract
Field
Soil Type
Crop
Application Rate
(in/hr)
Applic. Amount
(inches)
5746
la
POB
BH
0.60
*1.0
5746.
la
WKB
BH
0.75
*1.0
5746
lb
WAS
BH
0.60
*1.0
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
Your facility is designed for 180.00 days of temporary storage and the
temporary storage must -be removed on the average of once every 6.00
months. In no instance should the volume of the waste be stored in
your structure be within the 25 year 24 hour storm storage or one foot
of freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct rates to the acres shown in Tables 1 and 2. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist after you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
Page: 7

WASTE UTILIZATION PLA
RE UIRED SPECIFICATIONS
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 drift 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: 8

WASTE UTILIZATION PL;
REQIIIRED 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 inton 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.
17_ A 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
of erosion, leakage or discharge.
Page: 9

WASTE UTILIZATION PLI
RE VIRED SPECIFICATIONS
18. 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 thes
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: 10

Mortality Management A-letltods
(check which method(s) are being implemented)
Burial three feet beneath the surface of the ground within ?-$ hours after
knowledge of the death. The burial must be at least 300 feet from any flowing
stream or public body of water.
Rendering at a rendering plant licensed under G.S. 106-163.7
❑ Complete incineration
❑ In the case of dead poultry only. placing in a disposal pit of a size and design
approved by the Department of Agriculture
❑ Anv method which in the professional opinion of the State Veterinarian would
make possible the salvage of part of a dead animal's value without endangering
human or animal health. (Written approval of the State Veterinarian must be
attached)
J

Insect Control Checklist for Animal Operations
Source cuttse DIVIN to Control htsccls Silc Specific Vraeticcs
uid
1'111ait Goiters Accuutulatiott of solids Flush system is designed and operated
sufficiently to remove accumulated solids frrnu
sutlers as designed
❑ Remove bridging ofaccumulatcd solids at
4iKharge
l.agoorts alld Pits • Crusted Solids Maintain lagoons, settling basins and pits tivbcrc
pest breeding is apparent to minimize the
crusting of solids to a depth of no more titan 6 -
Unchcs over more titan 30% of surface.
liaccssivc Vegctalivc Decaying vegclalion , 91' Maintain vegetative control along banks of
t irowth lagoons and other impoundments to prevent
accumulation of decaying vegetative matter
along watees edge on impoundment's perimeter.
Dry Syslettts
I Lc�lct� • Deed Spillage Or Design, Operate and Maintain Beal sysletns (e.g.,
bunkers and troughs) to minimize the
accumulalion of decaying wastage.
❑ Clean up spillage on a routine basis (e.g.. 7 - 10
Clay inlcrval during suuuner, 15-30 day interval
dt ' tg winter).
Feed Stw ca . Accumulations of fend residues Reduce moisture accumulaiioa Ivilhin and
around inunediale perimeter of Iced storage
areas by insuring drainage away from sit:
and/or providing adequate cowainment W.g.,
covered bin far brewer's grain and similar high
moisture grain produets).
C1 Inspect fior and remove or break ap accanutlawil
solids io filler strips around feel swrage as
tte:d:d.
AN11C - t4L)VC111hi9r 11. 1996, Ngt: I

Stuirce Cause . DMPs to Control Insects. I Sift: Specific Prrelices
Animal Holding Arcas Accunudations of anintal wastes 0 Eliminate low areas that trap moisture along
anti feed wastage fences and other locations where waste
accumulates and disturbance by animals is
minimal.
0 Maintain fence rows and iiller'strips around
animal holding areas to minimize
accumulations of wastes (i.e., inspect for and
remove or break up accumulated solids as
needed).
Dry hNiture I landlinb • Accumulations of animal wastes O Remove spillage on a routine basis (e.g.. 7 - 10
Syslettts day interval during summer, 15-30 day interval
during winter) where manure. is loaded for land .
application or disposal.
0 Provide for adequate drainage around manure
slockpiles.-
0 Inspect for and remove or break up accumulated
wastes in filter. strips around sloc!;piles and
manure handling areas as needed.
ror mare information contact the Cooperative Extension Service, Department of lrntontoloby, nox 7613, North Carolina Statc University,
Raleigh, NC. 27695-7613.
AWC - Ntsvemiscr 11, 1996, l'age 2

Swine Farm Waste Management Odor Control Checklist
Soul re Cuusc � 1111011's to h1111l111ize 011o1• silt Specific Puuclimi
Falmstead 0 Swine productioll
or wooded buffers;
IIIZsoaliimended best management prlclices;
Good jodg111ent and cominou sense
Animal Ilu,ly surGlces Dirty manure -covered allinlals Q Dryflatrrs
I lour &III lases Wet manure -covered floors fE"f'lotled floors;
Idalmle c4111ccliun piss • Ilrioe;
• Partial luicrnbial decomposition
l-Waterers located over slotted floors;
•eeders.at high end of solid floors;
:�-51j,lldcj
c manure Wildly from floors; #/44 ,9 4
loor ventilulion for drying
Trelp ent manure removal by 1111511, Ili( recharge,
or scrape;
n Underfloor venlilation
VC110milm exhimst lints • volallle Bases; all lllinlliellance; .
Dilst
air Inoveniew
1a11uur sal faces Dim fly Wasbdow l between groups of animals;
n reed widitives;
Cl I••ylfir covers;
I ced delivery downsllula exlendels In feeder
covers
Flush laill:s • Agilalilln of recycled lagoon 0 Flush Junk covers;
liquid while lanks are filling fiend rill lines to near bullonl ol'lanla Mill
anli-siphon verlls
I lush alleys a Agitalion during wastewater nderlloor flush with naderiloor vcnlilalinn
conveyance
Pil l dlalge poiuls 0 Agiladon of recycled lilgnon n EXICIld lecharge lilies III peal' bl111u111 11,11ils
liquid while pill are filling Wilk unli-siphon venls
Lill sluliuns Agitutioo during slnnp lank C1 Sully 11111k Covels
filling and drawdown
Owsillc Illain colicclimi Agilalion during wasimatcr n flux covers
Ur }nllcllllll boxes CI)IIVL'yUIICU
ARIl1(: - 1-111vemher H. 1996, I'aLe ]

Source
Cause
ool DMh to Miniuli•te odor Sile specific Pructices
1:I011I dfaillpilles u1
•
Agitalion din -ing waslewater
PlEmend
discharp paint (if pipes tlllderlleath ^�
lagoon
conveyance
lagoon ligllid level
Lagoon Surfaces
•
volatile gas emissions;
raper lagoon lirluid capacity;
•
Iliological mixing;
L-1
Correct lagoon starinp procedures;
•
Agitation
Cl
Mini num surface area -la -volume tali 11;
inimuln agilatioil wlren.punlping;
Cl
Mechanical aeration;
Cl
Proven biological additives
lrrigalion sprillidd
•
high pressure agitation;.
_
rrigale on dry clays wilh little or no wind;
noxxles
r
Wind drift
n
Minimum recommended operating pressure;
�11p intake near lagoon h(plid surface;
M
Pump from second-slage lagoon
S1111418c lath. Ilr 11asin
•
Purliul Microbial deconglosition;
1.7
Itottont or midlevel load7lng;
sal lace
.
Mixing while filling;
Cl
Tuna: covers;
•
Agitation when emplying
Cl
Basin surface junk of solids;
n
Proven biological uddifives or oxidants
5clliial; basin sllrfill:c
a
Partial nlicrubial decontimsition;
Cl
fixleud drainpipe outlets underneath liquid
0
Mixing while filling;
level;
•
Agitation when emptying
Cl
Remove Soiled solids regularly
himit e. slurry or sludge •
Agitation when sprcadiug;
n
Soil hijeclion of slurry/shtdges;
sluualler oullcls 4
volatile gas emissions
CI
Wash residual munure from spreader after use;
n
Proven bioingical udditives or oxidants
IJncoverell manure,
volatile gas emissions while
Cl
Suit injection of slurry/shldges
slurry or shidge un field
drying
Cl
Sail incorporalion tvidtin A$ Ilrs.;
sill Jibes
A
Spread in Thin uniform layers for rapid drying;
Cl
Proven biological additives or oxitfanls
lkad unilnulis •
Carcass decomposifion
rape disposition ol'curcusses
Bead allllllill disposal
Carcass decomposilion
11111plete covering of carcasses ill bm ial pits;
I'll'
C7
Proper location/cmnstruclinn nfdisposal pills
Intalltai111115 •
ItIctimpll.•It:
f_l
Secomiat,y siack immers
AMOC - November 11, 1996. Page 4

smitee Cause ' IIiN1Ps Io N11101107e Odor Site Specific Practices
Standing; water aruuml • Improper drainage;
Grade and landscape such Ihat walcr drains
I'at tittles Microbial decomposition of away front facilities
organic maller
Al+anus Irackcd oulo • Poorly maiulained access roads -ann access road maintenance
Public rna{Is 1'rnm farm
access
Additional Inforntalloo : Avuilahle From
Swine Mantore Managentr m ; 0200 uule/lIMP racket NCS11, Comity Extcnsiun Cunlur
Swine Prothtction Fame Potential Odor SetlrCC5 and I CnICelieS ; EDAE Pact Slice[ NC.gI I - BA
Swine Production Facility IYlanurt: Management: Pit Itecllarge - Lagoon Tre:almenl ; FBAE 128-88 NCSI I - 1)AF
Swine Pruduclion Facility %lanire Management: Underfloor 1-lush - Lagoon Treatment ; EnAl- 129-88 NCSI! - IIAF
Lag;uun Design anti Management for Livestock Mannrc Treatment and Storage ; FDA1? 103-113 NCSI I - BAIT
Calibration of Manure anti Wastewater Application Equipmem ; l~nAli fact Sltce:t NCSI I - BAE
Cummiling Odors from Swine 11uildings ; Pill-33 NCSI1 - SWInc Extension
Euvirtntmumal Assurance: Program ; N1111C Manual NC Putk Prothicers Assoc
Olidttns fur Managing Odor ; a re:pnrl from the Swine Odor Task force NC`.SI1 Ag;r i C0111t11ttltiCalimr5
Plidsance Unicorns in Animal Manure Managuntcnt: Odors and Flies ; PRO107, 1995 Conference Proceedings Florida t'ooper"tl ive Extension
Ahli 1(: - IJuvember 11, 1996. 11one 5

ANIMAL WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of;Farm:CURTIS OXENDINE
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 2-9-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: CURTIS OXENDINE
(Please print)
Signature: Date: V / z / 9 7
Name of Manager (If different from owner) :
Signature:
Dame:
Name of Person Preparing Plan: (Please print)David W. Hedgpeth
Affiliation:NRCS Phone No. 910 739-5478
Address (Agency): 440 Caton Rd.
Lumberton NC 28358
Signature: ,cf' Date: 2—
Page: 11

EMERGENCY ACTION PLAN
DIVISION WATER QUALITY 910 486-1541
EMERGENCY MANAGEMENT SERVICES 910 671-3150
ROBESON SOIL AND WATER CONSERVATION DISTRICT 910 739-5478
USDA -NATURAL RESOURCES CONSERVATION SERVICE 910 739-5478
This plan will be implemented in the event that wastes from your
operation are leaking, overflowing, or running off site: You
should not wait until wastes reach surface waters or leave your
property to consider that you have a problem. You should make
every effort to ensure that this does not happen. This plan
should be posted in an accessible location for all employees at
the facility. The following are some action items you should
take.
1. Stop the release of wastes. Depending on the situation, this
may or may not be possible. Suggested responses to some
possible.problems are listed below.
A. Lagoon overflow - possible solutions are:
a. Add soil to berm to increase elevation of dam.
b. Pump wastes to fields at an acceptable rate.
c. Stop all flows to the lagoon immediately.
d. Call a pumping contractor.
e. Make sure no surface water is entering lagoon.
B.- Runoff from waste application field - actions include:
a. Immediately stop waste application.
b. Create a temporary diversion to contain waste.
c. Incorporate waste to reduce runoff.
d. Evaluate and eliminate the reason(s) that caused the
runoff.
e. Evaluate the application rates for the fields where
runoff occurred.
C. Leakage from the waste pipes and sprinklers - actions
include:
a. Stop recycle pump.
b. Stop irrigation pump.
c. Close valves to eliminate further discharge.
d. Repair all Leaks prior to restarting pumps.
D. Leakage from flush systems, houses, solid, separators -
actions include.
a. Stop recycle pump.
b. Stop irrigation pump.
c. Make sure no siphon occurs.
d. Stop all flows in the house, flush systems, or
solid separators.
e. Repair all leaks prior to restarting pumps.
Page 1

EMERGENCY ACTION PLAN
E_ Leakage from'base or sidewall of lagoon. Often this
is seepage as opposed to flowing leaks - possible
actions:
a. Dig a small well or ditch to catch all seepage, put in a
submersible pump and pump back to lagoon.
b. If holes are caused, by burrowing animals, trap or remove
animals and fill holes and compact with a clay type
soil.
c. Have a professional evaluate the condition of the side
walls and lagoon bottom as soon as possible.
2. Assess the extent of the spill and note any obvious damages.
A. Did the waste reach any surface water?
B. Approximately how much waste was released and for what
duration?
C. Any damage noted, such as employee injury, fish kills, or
property?
D. Did the spill leave the property?
E. Does the spill have the potential to reach surface waters?
F. Could a future rain event cause the spill to reach surface
waters?
G. Are potable water wells in danger (either on or off of the
property)?
H. How much reached the surface waters?
3. Contact appropriate agencies.
A. During_ normal business hours, call your DWQ (Division of
Water Quality) regional office, 910 486-1541; after hours
emergency number is 919 733-3942. Your phone call should
include: your name, facility, phone number, the details of
incident from item #2 above, the exact location of
facility, the location of direction of movement of the
spill, weather and wind conditions, the corrective measures
that have been under taken, and the seriousness of the
situation.
B. If spill leaves property or enters surface waters, call
local EMS, (Emergency Management Services) 910 671-3150.
C. Instruct EMS to contact local Health Department.
D. Contact CES (County Extension Service) 910 671-3276,
Robeson SWCD (Soil and Water conservation District) 910
739-5478, and USDA-NRCS (Natural Resources Conservation
Service) 910 739-5478 for advice and technical assistance.
4. If none of the above can be reached call 911 or the Sheriff's
Department 910 671-3100 and explain your problem to them and
ask that person to contact the proper agencies for you.
5. Contact the contractor of your choice to begin repair of
problem to minimize off -site damage.
A. Contractor Name: LOCKLEAR CONSTRUCTION CO.
B. Contractor Address 1253 JONESVILLE RD. FAIRMONT NC 28340
C. Contractor Phone: [phone]
Page 2

EMERGENCY ACTION PLAN
5. Contact the technical specialist who certified the lagoon
(USDA-NRCS, Consulting Engineer, etc.)
A. Name: DAVID HEDGPETH
B. Company: MRCS
C. Address: 440 CATON RD_ LUMBERTON,NC_28358_
D. Phone: [phone]
7. Implement procedures as advised by DWQ, and technical
assistance agencies to rectify the damage, repair the system,
and reassess the Waste Management Plan to keep problem with
release of wastes from happening again.
Other notes:
Page 3

VA
IF
mvs
Rig: kk
uu
fit
Art
DO
/

r.
NORTH CAROLINA
ROBESON COUNTY
THIS LEASE AGREEMENT, made 'and entered into by. and between A.
Norman Emanuel, hereinafter called the "lessor" of Robeson County,
North Carolina, party of the first part, and Curtis Oxendine, of
the same county and state, hereinafter called the "lessee", party
of the second part, said lease agreement bearing date of January 1 ,
1996.
WITNESSETH:
That said lessor, in consideration of the sum of ONE THOUSAND AND
00/100 DOLLARS ($1,000.00) and other valuable consideration to be
paid to lessor, by lessee, as hereinafter stipulated, said lessor,
does hereby lease and demise to the lessee and its heirs and
assigns, for a period of twenty five (25) full calendar years, the
following described farmlands situated in Rennert Township, Robeson
County, North Carolina,
Rennert Township, Robeson County, North Carolina
All that certain tract or parcel of land lying about 2 miles south
of the center of Rennert, N.C., on the southwestern side but not
adjacent to SR 1752, on the northwest side of but not adjacent to
SR 1318 and adjoining the lands of N.C.D.O.T. on the southeast and
adjoining other lands of A.N. Emanuel (10-I/495) on all other sides
and being more particularly described as follows:
BEGINNING at a stake in the southeast or fourth line of the 155
acre tract of which this is a part as shown in Deed Book 10-I, page
495, at its intersection with the edge of the woods, said stake
being located North 50 degrees 35 minutes East about 1215 feet from
a lightwood stump at the head of Mirey Branch, the most southern or
fifth corner of said 155 acre tract and runs thence from said
beginning stake along the edge of the woods North 39 degrees 25
minutes West 250.0 feet to a stake at a bend in said woods; thence
continuing along the edge of said woods line North 09 degrees 10
minutes East 1360.0 feet to a stake at a bend in the edge of said
woods; thence along the edge of a field South 39 degrees 25 minutes
East 750 feet to a stake (about 100 feet northwest of a building);
thence South 50 degrees 35 minutes West 180.0 feet to a stake;
thence South 39 degrees 25 minutes East 400.0 feet to a stake in
the original fourth or southeast line of said 155 acre tract;
thence with that line South 50 degrees 35 minutes West 840.0 feet
to the beginning, containing 14.7 acres, more or less.
And being a part of that 155 acre tract conveyed by. Lacy Smith and

wife, Mattie Smith to A.N. Emanuel by deed dated 25 September 1947
and recorded in Deed Book 10-I, page 495, Robeson County Registry.
Bearings referenced to Deed Book 10-I, page 495.
This description was not prepared from actual survey but compiled
from Deed Book 10-I, page 495, aerial photo and computations.
This tract of land herefore described includes the fifteen to
twenty (15-20) acre section of the sixty seven (67) acre farm
service agency tract number 5746.
This lease agreement shall include access to additional acreage if
needed upon subsequent agreement by the parties and coordination of
the crop farming tenant.
The terms and conditions of this lease agreement being as follows:
1. It is agreed that the lessee is to pay the lessor, his
heirs and assigns, the sum of ONE THOUSAND AND 00/100 DOLLARS
($1,000.00) on January 1, 1996 and each January 1st thereafter for
the term of this lease and that the term of this lease agreement is
to be for twenty five ( 25 ) full calendar years beginning January 1 ,
1996 and ending January 1, 2020. Thereafter, this lease agreement
shall continue between the parties hereto upon the same terms and
conditions as herein set out on an annual basis, unless expressly
terminated by written instrument -executed sixty (60) days prior to
the anniversary date of this agreement.
2. It is further agreed between said parties hereto that said
party of the second part shall have the right and privilege of
maintaining the land in a suitable manner for livestock farming and
for such other crops as approved by the Robeson County, USDA, ASCS
Office for said county, and provided further that such use of the
land will include agricultural crops necessary for the removal and
utilization of animal effluent and accumulated in connection with
livestock farming or for any other legitimate purpose.
3. The parties agree that the lessee will maintain the field
as suggested in the waste management plan guidelines pertaining to
crop rotations, soil fertility and waste application; the lessee
may discontinue swine waste application at any time during the term
of this lease.
4. It is also agreed between said parties hereto that lessee
shall be solely responsible for providing casualty and liability
insurance for said property.
5. It is further agreed between the parties hereto that said
party of the second part will make no unlawful or offensive use of
the aforesaid lease premises; that it will permit no waste thereof,
and will surrender possession of said leased premises, at the end
of said term in good order and condition, reasonable wear and tear

r
and unavoidable accidents excepted.
5. It is further agreed between the parties hereto that said
lessee shall save and hold harmless said party of the first part
for any liability arising from the use and enjoyment of said
premises, including but not limited to injury to any person upon
the premises, any environmental hazards or spills or other
liability arising from the maintenance of intensive livestock
operations upon the premises.
7. It is further agreed between the parties hereto that said
lessee shall have and enjoy the use of said lease premises Without
any molestation or interference on the part of the lessors, their
heirs or assigns, or any person or persons, or corporations, so
long as the party of the second part, and its heirs and assigns,
complies with the terms hereof.
This the day of 1Acrr1c,aa,�, 199(t.
C,
A. NORMAN EMANUE
{
CURTIS O NDINE
SwO N:.4!d", ND SUBSCRIBED BEFORE ME
'�FrI6;�I+iE y DAY OF a ,. 199(e
.OT&tY PUBLIC — -
.;'MY:-C(7l�lMT STON EXPIRES: -a(4Af

Animal Waste 111.111agenlenl Platt C2crtifica04111
(Please tv pe of In lnt Itll In1,6111laIII la that dues slut rt 1111e a siutlatutc)
xisttc ::o L rtr..:>Neut or..:xngnde�l:-.= (hlense.circle.©rie) .....: v :... f v.:......`„. . �......h
General Information:
Name of Farm: D -fu d 1,v oiK a r y Facility No: 7S G 3
Owners) Name: r r- 4){&:jrf{%'ve Phone No: 7AI - 843-ss7a
Mailing Address: o -c j64,,AoVL ,2B 3 6
Farm Location: County Farm is located in: Ro 6Gf 0,
Latitude and Longitude: .34 * _:I& ' _4L" / _ 791' D4 ' z g integrator:
Please attach a copy of a county road map with location identified and describe below (Be specific: road
names, directions, milepost, etc.): 2 -5" _A,'/es �s'ok7 o , Re-,vAja4 c.d &6a
Aj
Operation Description:
Type of Swine No. f Animals
t Wean to Feeder
Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
marrow to Finish 1 Z O
Gilts
O Boars
Type of Poultry No. of Animals Type of Cattle
❑ Layer O Dairy
❑ Pullets ❑ Beef
No. of Animals
Other Type of Livestock: Number of Aniinals:
Acreage Available for Application: _ /A- Required Acreage: �4
Number of Lagoons / Storage Ponds : I Total Capacity: 471 .4 7 ?_ Cubic Feet (ft3)
Are subsurface drains present on the farm: YES or S (please circle one)
If YES: are'subsurface drains present in the area of the LAGOON or SPRAY FIELD (please circle one)
Owner / Manager Agreement
I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation
and maintenance procedures established in the approved animal waste management plan for the farm named above'and will
implement these procedures. 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 Division of
Environmental Management before the new animals are stocked. I (we) understand that there must be no discharge of
animal waste from the storage or application system to surface waters of the state either directly through a man-made
conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be run-off from the
application of animal waste. I (we) understated that run-off of pollutants from lounging and heavy use areas must be
minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be
filed at the farm and at the office of the local Soil and Water Conservation District. I (we) know that any modification
must be approved by a technical specialist and submitted to the Soil and Water Conservation District prior to
implementation. A change in land ownership requires written notification to DEM or a new certification (if the approved
Plan is changed) within 60 days of a title transfer.
Name of Land Ow er : 6f1-7' �Q CV �,V +
Signature:. ' Date: - 30
- 98
le 4
Name of Manager(if different from owner): QFrpj1 /fin
Signature: Date:
ANVC August 1, 11197 1 MAY 4 1998
QUALITY SECTION
IJen-Dicchaige Compliance Enf.

Tedmic-al Specialist Certification
I As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A
NCAC 6F .0005, I certify that the animal waste management system for the farm named above has an animal waste
management plan that meets or exceeds standards and specifications of the Division of Environmental Management
(DEM) as specified in I5A NCAC 2H.0217 and the USDA -Natural Resources Conservation Service (MRCS) and/or the
North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-
.0005. The following elements are included in the plan as applicable. While each category designates a technical specialist
who may sign each certification (SD, Sl, WUP, RC, 1). the technical specialist should only certify parts for which they are
technically competent.
H. Certification of Desig7z
A) Collection Storage. Treatment System
Check the appropriate box
G Existing facility _without _retrofit (SD or WUP)
Storage volume is adequate for operation capacity; storage capability consistent with waste utilization
requirements.
(Ef' New, expanded or retrofitted facility (SD)
Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds,
have been designed to meet or exceed the minimum standards and specifications.
Name of Technical Specialist (Please Print): Fd faro //A tad _.
Affiliation 6eYI) A - NR C S _Date Work Completed: 7-/44 / I :Z
Address (Age Rd L et ti NC 26 36-8 Phone No.: '1 /c - 733 -5478
Signatur Date:4. -ja - f S _
B) Land Apfflication Site (WUP) 1-1
The plan provides for minimum separations (buffers); adequate amount of land for waste utilization; chosen crop is
suitable for waste management; hydraulic and nutrient loading rates.
Name of Technical Specialist (Please Print):_ D,4 (lid d�zO C ;F--
Affiliation 6(SQA - NRcS _ _ Date Work Completed: 4
Address (Agency): 44-o If b IVC- ,28 ,35-8 Phone No.: 710- 3 7 -s 7
Signature: Date: T B
C) Runoff Controls from Exterior Lots
Check the appropriate box
,a Facility without exterior lots (SD or WUP or RC)
This facility does not contain any exterior lots.
Facility with exterior lots (RC)
Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in
accordance with technical standards developed by MRCS.
Name of Technical Specialist (Please Print):Q,4 V AL
Affiliation _ Date Work Completed:_ /?� .3V z' 7
Address (Age,Rcy):_ .*o Ga>'4„v Rd L�c,,,6p&1vv VC- 28 3SS Phone No.:_ 9�0- ?3y- 5zfT8
Signature:.1
AWC -- August I, 1997
2
06

` D). Application and Handling Equipment_ Check the the appropriare box
Existing or expaDding facility w�tll existing waste anplicati n eq�ti�ent (WUP or 1)
Animal waste application equipment specified in the plan has been either field calibrated or evaluated in
accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the
waste management plan: (existing application equipment can cover the area required by the plan at rates not to
exceed eitber the specified hydraulic or nutrient loading rates, a schedule for timing of applications has been
established; required buffers can be maintained and calibration and adjustment guidance are contained as part of
the plan).
13 New, expaDatd, or existing facility without gxisting wase aolicatione i nt f r Spray irrio(I)
Animal waste application equipment specified in the plan has been designed to apply waste as necessary to
accommodate the waste management plan; (proposed application equipment can -cover the area required by the
plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of
applications has been established; required buffers can be maintained; calibration and adjustment guidance are
contained as part of the plan)"
Q New. expanded. or existing_facifity without existing waste application a i�I pment for land snre,gd�1g not using
snrav irrigation. (WER or 1)
Prima waste application equipment specified in the plan has been selected to apply waste as necessary to
accommodate the waste management plan; (proposed application equipment can cover the area required by the
plan at rates not to exceed either the specified hydraulic or nutrient Ioading rates; a schedule for timing of
applications has been established; required buffers can be maintained; calibration and adjustment guidance are
contained as part of the plan).
Name of Technical Specialist (Please Print): PI�,QA,52
Affiliation EOM G' Qe a,Z Date Work Completed: /4 - 2-- 97
Address (Agency): pG �13af _i5,o c,.r// i 61v�.sIVIJ /V C _ _Phone No_: Sid es-�i�
Signature: P", _ _ - _Date: /- a -5r9
E) Odor Control. Insect Control. Mortality Management and Emeraencv Action Plan (SD.
SL WLP. RC or I)
The waste management plan for this facility includes a Waste Management Odor Control Checklist, an Insect
Control Checklist, a Mortality Management Checklist and an Emergency Action Plan. Sources of both odors and
insects have been evaluated with respect to this site and Best Management Practices to Minimize Odors and Best
Management Practices to Control Insects have been selected and included in the waste management plan. Both the
Mortality Management Plan and the Emergency Action Plan are complete and can be implemented by this facility.
Naive of Technical Specialist (Please Print): DA / 12 ff—C c-(
Affhation_&sDr4 - _ A/AGS _ " _ Date Work Completed: / i
Address (AQenry):.44,o �a,v Rd ,_Lurch«-loN-NC z8�s8 Pone No.:_?16- 739-s47S
Signature:
F) Written Notice of New or Expanding Swine Farm_
'The following signature block is only to be used for new or expanding swine farms that begin construction after June
21, 1996. If the facility was built before June 21, 1996, when was it constructed or last
expanded
I (we) certify that I (we) have attempted to contact by certified mail all adjoining property owners and all property owners
who own property located across a public road, street, or highway from this new or expanding swine farm. The notice was
in compliance with the requirements of NCGS 106-805. A copy of the notice and a list of the property owners notified is
attached.
Name of Land Owner:
Signature:
Name of Manager (if different from owner):
Date:
Signature: Date:
AWC -- August I, 1997 3

III. Certification o, f Installation
A) Collection. Storage, Treatment Installation
New. ex arided or retrofitted facility (SI)
Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed
in accordance with the approved plan to meet or exceed the minimum standards and specifications.
For existing facilities without retrofits, no cergfttcation is necessary.
Name of Technical Specialist (Please Print): I),4ULd Pe.7�_,
Affiliation GlSD4 — A/RCS Date Work Completed: -_z_3 -- 98 _
Address (Agency): 44o cqA�v V , Lcrrr C6ii,v A le IS Zs_Phone No.: s
Signature- a�caP ,-sue- �_Date: c 8
B) sand Ayylication Site (WUP)
Check the appropriate box
The cropping system is in place on all land as specified in the animal waste management plan.
❑ Conditional Approval: all required land as specified in the plan is cleared for planting; the cropping system
as speed in the waste utilization plan has not been established and the owner has committed to establish the
vegetation as specified in the plan by (month/day/year); the proposed cover crop is
appropriate for compliance with the wasteutilization plan.
❑ Also check this box if appropriate
if the cropping system as specified in the plan can not be established on newly cleared land within 30 days
of this certification, the owner has committed to establish an interim crop for erosion control;
Name of Technical Specialist (Please Print):_2.4Ili- fZc�I A2!f_-- _ -
Affiliation_ U—T.DA &R r__s _ ,Date Work Completed: :: .� 9B
Address (Agency): 4-4:o�&:;/o �� -6. - IUG Phone No.: Wc— 739 -5'4 7,8
This following signature block Is only to be used when the box for conditional approval in III. B
above has been checked.
I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan,
and if appropriate to establish the interim crop for erosion control, and will submit to DEM a verification of completion
from a Technical Specialist within 15 calendar days following the dare specified in the conditional certification. I (we)
realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an
enforcement action from DEM.
Name of Land Owner:
Signature: Date:
Name of Manager (if different from owner):
Signature: Date:
AWC -» August 1, 1997

IA
C) Runoff Controls from Exterior Lots (RC)
Facility with exterior Iots
Methods to minimize the run off of pollutants from lounging and heavy use areas have been installed as specified
in the plan.
Far facilities without exterior lots, no certification is necessary.
Name of Technical Specialist (Please Print): A u i cd #CJe
Affiliation_ 41SB,4- hl RC S Date Work Completed: l z/3l197
Address (Agency): 4 4t, Cw6.� ,Pd �_�r� CYfo,v )A: 29.1sS Phone No.: Silo-- T39-s4-'79
Signature:
01/oLI./.79
D) Application and Handling Equipment Installation (WUP or 1)
Check thppropriare block
Animal waste application and handling equipment -specified in the plan is on site and ready for use;
calibration and adjustment materials have been provided to the owners and are contained as part of the plan.
Animal waste application and handling equipment specified in the plan has not beer, installed but the owner
has proposed leasing or third party application and has provided a signed contract; equipment specified in
the contract agrees with the requirements of the plan; required buffers can be maintained; calibration and
adjustment Guidance have been provided to the owners and are contained as part of the plan.
u Conditional approval: Animal waste application and handling equipment specified in the plan has
been purchased and will be on site and installed by (month/day/year); there is adequate
storage to hold the waste until the equipment is installed and until the waste can be land applied in
accordance with the cropping system contained in the plan; and calibration and adjustment guidance have
been provided to the owners and are contained as part of;a plan,
Name of Technical Specialist (Please Print):
Affiliation or12Cl�cx--f�S,�Ri af%�T�J�- _Date Work Completed: 5/_ -2 fa
Address (AgenPhone No.:rlp)7
Signature: _� ' Date:
The following signature block is only to be used when the box for conditional approval in III D
above has been checked.
I (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as
specified in my (our) waste management plan and will submit to DEM a verification of delivery and installation
from a Technical Specialist within 15 calendar days following the date specified in the conditional certification. I
(we) realize that failure to submit this verification is a violation of the waste management plan and will subject me
(us) to an enforcement action from DEM.
Name of Land Owner:
Signature: Date:
Name of Manager (if different from owner):
Signature: Date
E) Odor Control, Insect Control. and Mortality Mana>;ernent (SD, SL WUP. RC or
Methods to control odors and insects as specified in the Plan have been installed and are operational. The
mortality management system as specified in the Plan has also been installed and is operational.
Name of Technical Specialist (Please Print):__. AV id _ .
Affiliation _�S �� _ -- N 2 GS Date Work Completed: I /l z; 7
Address (Agency): o C�.4.t Rd La.•z�e a� 11C 8 8 Phone No.: o- 73?- s4� B
Signature:A42 Date: 13,,
AWC -- August 1, 1997

Please return the completed form to the Division of Water Quality at the following address:
Department of Environment, Health, and Natural Resources
Division Of Water Quality
Non -Discharge Branch, Compliance Unit
P.O. Box 29535
Raleigh, NC 27626-0535
Please also remember to submit a copy of this form along with the complete Animal Waste
Management Plan to the local Soil and Water Conservation District Office and to keep a copy
in your files with your Animal Waste Management Plan
AWC -» August I, 1997 6

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
Curtis Oxendine
Oxendine Pork Farm
Rt 1 Box 125-C
Shannon NC 28386
Dear Curtis Oxendine:
ZVI.�W'A
IT 00
A&4
NCDENR
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999 IE-C lftL�J
5 6GO
i• AYE I 1 EViLLE
REG. GFrFfCE
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 78-63
Robeson County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, EMU, DRY1, DRY2, DRY3, SLUR1, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerel
Kerr T. Stevens, Director
Division of Water Quality
cc: Fayetteville Regional Office
Robeson County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environmen.ECEWED
and Natural Resources
Division of Water Quality wEP 2 1 1999
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Curtis Oxendine
Oxendine Pork Farm
Rt 1 Box 125-C
Shannon NC 28386
Farm Number: 78 - 63
Dear Curtis Oxendine:
FAYETT"EVILLE
FIEC. OFFICE
September 15, 1999
A 1
T r
• •
f
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND McTuRAL RESOURCES
You are hereby notified that Oxendine Pork Farm, in accordance with G.S. 143-215.1OC, must apply for coverage
under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) days to submit the
attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular
Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the
Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be
returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your
facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the
application.
The attached application has been partially completed using information listed in your Animal Waste Management
Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on
the application before returning the application package. The signed original application, one copy of the signed application,
two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to
complete the application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
1617MM Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call Susan Cauley at [phone] extension 546 or Jeffery
Brown with the Fayetteville Regional Office at [phone].
Sincerely
C
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Fayetteville Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

October 14, 1998
To: Sonya Avant
Tommy Stevens
Sue Homewood
Grady Dobson
Audry Oxendine
Jeffrey Brown
John Hasty
Bob Heath
Art Barnhart
Ed Holland and David Hedgpeth
From: James Cochran
Agricultural Extension Agent
North Carolina Cooperative Extension Service
College of Agriculture and Life Sciences
Robeson County Center
North caroiiaa Cooperative Extension Service
455 Caton Road
P. @. Box 2280
Lumberton, NC 28339-2280
[phone]
Greetings. This is primarily in reference to Sonya Avant's certified letter sent to
Curtis Oxendine, dated September 28, 1998. (Facility number 78-63). 1 had
been out of the office most of two weeks, in Iowa and due to our county fair.
When I sorted through my desk, right under a copy of Sonya's letter was the
article I have attached to this letter. Someone had put the article copy on my
desk -- totally unrelated to Curtis, any other farmer or DWQ or any other
agency. However, I thought the timing so coincidental I laughed for a good 30
minutes, Then, I reread the article again, and laughed another 30 minutes.
Now, I do not mean ill intent to any of you "regulators". I do not and would not
want your jobs. I, and others, have enjoyed a great working relationship with
most all of you listed above. Many of you -are fairly new or have recently
changed positions. That, in part, I think is a source of some communication
problem.
Okay, now, after you have had your chuckle (hopefully), I am going to toss out
my thoughts, opinions and remembrances. I know they do not carry any
weight -- I'm just trying to work in the education part. But, I can tell you that
without having spoken to Curtis recently, he has to be frustrated. However,
Curtis would never write a letter like the guy in the article.
Ed Holland and I have spoken and reviewed this whole thing and independently
agree as to the occurrence of and chronological order of events. However,
there does not seem to be a complete paper trail.
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.
North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.

W
Here goes. The additional letters attached contain misinformation that you can
see where, at the time, I made corrective notes in the margins.
Curtis entered the swine business slowly and when he expanded back in the
80`s he got letters of permission from his closet neighbors, ended up with two
lagoons and 3 main buildings feeding into the lagoons. There were 2-3 other
dirt lots as well. This is important: Into the 90`s and at the time of the 1993
swine farm registration t`s� --- Curtis has had a 120 sow, farrow to finish
farm. He did not correctly register when he put down 100 sows in 1993. If I
remember correctly in our discussion, it seems he did not list a group of
gestating sows and/or possibly some replacement gilts (20-21 sows per
farrowing group) that are on the dirt lots in the rotation and not in the buildings.
I think this may have been the source of his registration confusion - he
registered sows in the buildings in confinement at any given time on the farm,
whose waste went into the then, two stage lagoon system.
The correct registration, then and now, is 120 sows, farrow to finish. IF , for
some reason, Curtis would now be held to the original 1993 mistaken
registration of 100 sows, then those of us at the county level have great
concern about inconsistenies, (just in Robeson County) of one farmer being
permitted to "adjust" upward his orginal registered swine number (for far less
valid reasons) and Curtis now being questioned. I could ellaborate, but I think
enough said. Think about the consequences of such inconsistencies. They are
not secret and could come back to haunt -- someone.
Now, the NRCS designed and cost shared lagoon was designed for 120 sows,
farrow to finish. There were several letters, meetings and much discussion
before NRCS would cost share with Curtis, to make sure that it was okay to
construct the lagoon for 120 sows (f. to f.). Ed and his NRCS folks will not
make a move toward cost sharing unless everything is straight.
This is important (and highlighted in one of the letters): The main reason for
constructing the lagoon for 120 sows (f. to f. ) AND constructing another fourth
building, was to get ALL swine off the ground. phUionzaI;-9advMisory:U-ana--/6r
wnitate�ally
by -all -agencies -involved whether regulatory,-educa��
technical assistance.Getting ALL swihe off the -ground -Was considered an
a atement_action against a possiblelprobable source(s) of groundwater
contamination with excess nitrates.
Never was the number of swine increased, but the registered swine number
was raised from 100 to 120 sows (f. to f.). Read that last sentence again -- I
worked hard on the phrasing.
Current population is the same as it has been for the last eight or so years. We
are just getting swine off the ground and directing ALL swine waste on the farm
into the appropriately designed 120 sow (f. to f.) cost shared lagoon so that the

waste can environmentally be pumped through Curtis' new cost shared
irrigation system onto his long term leased cost shared established
bermudagrass field.
I may be more frustrated than Curtis. Curtis has been extremely cooperative
(especially in comparison to some other farmers/companies). He is keeping
good records and never hesitates to contact NRCS or the Extension Service
with a question or assistance.
I do not mean to be negative. Quite the contrary. I have cited Curtis' situation
as the ideal example of how so many different agencies and some private
entities can work together to DO THE RIGHT THING -- which, in this case was,
cease all suspect sources of groundwater nitrate contamination. And, I think it
has worked. The old lagoons were cleaned out, the new lagoon put in, new
waste application fields established with new irrigation equipment; and, Curtis is
on schedule with his building. According to plan, he will have all swine off dirt
by late fall or the end of this calendar year.
So, there has never been an EXPANSION. .lust an environmentally sound
relocation of animals from dirt lots to a controlled waste management system.
The three old houses are still in operation. The new house will be the fourth.
Two lagoons are now down to a new one lagoon. I think all that needs done
now is the paperwork to catch up to corrective actions.
If I can be of any further clarification, contact me. I may have another joke
(story) to tell you.
FYI: At the risk of leaving out someone, these are all the people that have been
involved with Curtis' farm situation over the last 3-4 years.
Robeson County Health Department
Two private environmental engineering firms
Irrigation and waste management companies
NRCS and SWCD, County and Regional
North Carolina Cooperative Extension Service (county and about 11 Extension
Specialists from various N. C. State University College of Agriculture and
Life Sciences Departments)
The North Carolina Department of Transportation
Private Attornies (land purchase from DOT and land lease agreement)
DEM, then, DWQ - Surface AND Groundwater sections.
Attorney Generals Office
Enclosures

Bureaucrats, Beavers And Bears, Oh My!
For those who get the uwisy feel-
ing that governmental regulators
sometime lose touch with reality, l
pass along this tale of two letters re-
cently published in the N.C. Furcstry
Association newsletter.
It seems there was a man in
Michigan named Ryan DeVries who
received a certified letter last Dec-
ember from David Price, district rep-
resentative for the Michigan Lund and
Water Ivianagement Division. Mr.
DeVries read the letter and realized it
had been sent to the wrong person.
So he forwarded it Stephen Tved-
ten. owner the land described in the
letter. With the typical we -can -do -no -
wrong attitude of a career regulator,
Mr. Price was writing to accuse the
wrong person of the • following or-
fertse:
"You have been certified as the le-
gal Landowner and/or contractor who
did the following unauthorized activi-
ty: construction and maintenance of
two wood debris dams across the out-
let stream of Spring Pond A permit
must be issued prior to the start of this
type of activity. A review of rhea dc-
pwunem's files shows that no permits
have been issued"
Mr Tvedten was irnformed--by
way of Mr. DeVries--that he was in
violation of "Pan 301, Inland Lakes
and Streams. Natural Resou= and
Environmental Protection Act 451 of
the Public Acts of 199-4. being see-
uoru 324.30101 to 324,30113 ul the
Michigan Compiled Laws annotateei."
He was ordered to "cease and dwisi'
this dawn building activity and was
Lald Lo restore the stt=n to its original
condition by removing all the wood
and brush used to build the dams.
Mr. Price then threatened Mr.
DeVries (who forwarded the threaten-
ing letter to stir. Tvedten) with "clevat-
ed enforcement action' if he did not
complete the stream restoration within
six weeks. Mr. Tvedten was not
amused.
well. maybe just a little. He wnote
back to k1r. Price and informed him
the state had nut only misidt mtilicd dw
owner of Lite property but also the
species of the alleged violator. He put
it like this:
"First of all, 1 am the legal owner,
and a couple of beavers arts in the
(state unauthorized) process of con-
Aructing and maintaining two wood
'debris' darns across the cutlet of my
Spring Pond While I did not pay for,
nor authorize their darn project, I think
they would be highly offended you
call their skillful use of uatwai build-
ing materials 'debris.'
"I would like to challenge you to at-
tempt to emulate their dam prrjeet any
dam time aml/or any dam place you
choose. I believe 1 can safely state
there is no dam way you could ever
match their dam skills, their dam re-
sourLehriness, their dater ingenuity.
their dam persistence, their dam deter-
mination artrYor their cheer work ethic.
"As to your dam request that the
beavers fist must fill out a darn per-
mit prior to the start of this type of
dam activity, my first dam question to
you is: art you trying to discriminate
against my Spring Pond Beavers or do
you require all dam beavers through-
out this state to conform to said dam
request?"
Mr. Tvedten goes on to inquire,
"Aren't the dam beavers entitled to
dam legal representation? The Spring
Ford Beavers are financially destitute
and are unable to pay for said dam
representation --so the State will have
to provide them with a dam lawyer.„
"If you want the dam strearn `re-
stored' to a free -flow condition —con-
tact the dam beavers. But if you are
going to arrest them (they obviously
did not pay any dam attention to your
darn k ter--oeing unable to rend
English) be sum: you read them their
dam Miranda rights fitsL_
"In my humble opinion, the Spring
Pond !lovers have a right to build
their dam unauthorized dates as long
as the sky is blue. the grass is green
aril water !lows downstream They
have more dam right than I to five and
enjoy Spring Pond.
"So as far as I rind the beavers are
concerned, this dam cese can be re-
ferred for more dam 'elevated en-
forcement action' now. Why wait until
Jan. I? The Spring Pond Beaver may
be under the dam act then, and there
will be no way for yuu ou you dam
staff to coniactlhanw them.
"In conclusion. I would like to
bring to your attention a real environ-
mental quality problem. Bears are ac-
tually defecating in our woods. I defi-
nitely believe you should be persecut-
ing the defecating bears and leave the
dam beavers alone. If you are going to
investigate the beaver dam, watch
your step! (fbe boas are not careful
where they dump!)'.
But I suspect the Michigan Laud
and Water ManaL'trWtt Division will
uturc camrul about minding its own
dam business.

Slate of North Carolhut
I)epartment of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.IE., Director
CERTIFIED MAIL
RETURN RECEIPT REQLtESTED
Mr. Curtis Oxendine
Oxendine Pork Farm
Route 1. Box 125-C
Shannon. N.C. 28174
Dear Mr. Oxendine:
NCDENR
NORTH CAF OUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Septcmher'28, 1998
Subject: Farm Certification
Facility Number 78-63
Robeson County
The Division of Water Quality WWQt has reviewed your Animal Waste Management
Plan Certification Form. which was received on the 4`h of May 1998. Your facility was certified
as a 120 farrow to finish swine operation. Upon reviewing our files, your original registration
dated November 29, 1993 and your confirmatinn letter dated December 31, 1996 characterizes
your operation as a 100 farrow to finish s-,vine operation.
The increase in number from 100 to 120 farrow to finish appears to be an expansion. All
expansions must meet the new Swine Farm Siting Act and Moratoria on Swine Farm
requirerrrents. Modifications to your facility nre allowed as a retrofit only if the improvements
are to service the existing facility and hcrr1 size. In light -of the new ct!r6firgtion additional
information is being requested. Plcase provick oFir office with the additional information to
evaluate your facilities sitlt;ition. 7'hc inf'0rinalion requested by this letter must be submitted on
or before 30 days of receipt of letter.
I . Dates of whc!% the orialval l l„t��,+, ;'::,s designed and built. i - �-
2. Dates of when the new lo-non wis designed and built_ (1- c,.jrv- /a/s/97)
3. The number of lacoons in operation at this facility. I
4. Dates of when the existing house vvns designed and built. 1- 3 - r
5. Dates of when the addition of the house was designed and built. R�;+�
6. The number of swine houses in operation at this facility.
7. Current population at facility. I' :_ = r ,i rr — �'y f--
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal opportunity Affirmative Actin Employer 50% recycled/10% post -consumer paper

Please be advised that nothing in this lr.tter should be taken as removing from you the
responsibility or liability for failure to comply with the requirement to develop and implement a
certified animal waste management plan by December 31, 1997.
If you have any questions concerning this letter. please do not hesitate to call me at
[phone], extension 571 or contact ycxrr local Natural Resource Conservation Service.
Sincerely.
a,�
Sonya L. Avant
Environmental Engineer
cc_ Fzivetteville Regional Office — Division of Water Quality
Robeson County Sail and Water Cunscr%,zition District
Audrey Oxendine. Division of S+?il and Water Conservation
D,ivid Hedgpeth. Natural Resorirc.,s 0--i so•.rvation Service — Lumberton Field Office
Facility File

rrr a08
ENV. V ,%V-7Ti6iT State of North Carol Ina
FAYI=TTRbiLL Fi G. OFFICE
Ir I(VLAIrl . F. E1,SL1 Y mpartmeni of Ju_,gtk;e
ATTORNEY OLPnERA1. P. 0. B0X fr;�9
RALE1C11
27602-0620
-MEMORANDUM- dv��
TO: Grady Dobson
FROM: Dan Oakley 'D&O
Ryke Longest jzU
DATE: July 24, 1996
12,
cup-T0
SUB.IF[:T: .if,:
REPLY To: Daniel C. Oakley
Eavironmeniei Uivlsion
TGI: (919) 733.5 72 5
Fax, [phone]
�,� o ►�� A TiEtS
You have asked for guidance in the application of the Swine Farm Siting Act to the
alxwe-referenced animal operation.1 is planning to build a new lined lagoon and a
new swine house to contain all of the animals he currently has on site. He apparently registered,
under the .0200 rules, for 100 sows but now has 125 sows, His total population is not given.
The original Swine Farm Siting Act, G.S. 106-800 et seq., was effective October 1, 1995,
and was generally interpreted as applying only to new constructions of lagoons or houses subject
to site evaluations after that date. Expansions and repairs of farms, and ]components of farms,
were the subject of many questions and the General Assembly ' recently amended the Act.
effective June 21, 1996.
The primary issue you have raised is what setbacks now apply to the new lined lagoon
and to the new building. Initially, we would note that the Act applies only to swine farms
"devoted to raising 250 or more anbnais of the porcine species." G.S. 106-802(5). It is difficult
to determine from your memorandum whether this initial threshold is met. However, we have
assumed that it dues becaLne of information given by telephone that the numbers listed do not
include piglets or weanlings. Assuming that each sow has two litters per year and each litter
contains an average of eight piglets, 125 sows will birth enough piglets to exceed the threshold
250 animals at any given time.' The 1996 amendments (contemned in the 1996 Session Laws,
1 This is an advisory memoraMurn only. It has neither been reviewed nor approved in .
accordance with the N.G. Department of Justices policy for issuing Attorney General's opinions.
2 Neither the Swine Farm Siting Act nor the Non -Discharge Rules provide an exception to
the term "animal" for piglets or boats. Accordingly, the number of animals to be kept on the
farm includes piglets and boars. If the maximum number of animals which the farmer plans to
keep on site at any given time is 250 or more, then the Act applies to that farm, even if there are
fewer than 250 sows on the farm at any time.

rn�c L
Chapter 627, Sections 7-8) attempt to address both constructions and enlargements occurring
after October 1, 1995. 13otb of these types of activities are subject to the setbacks unless
excepted out. The relevant law is set out verbatim below:
,This act applies to the construction or enlargement, on or after October 1,
1995, of swine houses, lagoons, and land areas onto which waste is
applied from a lagoon that are components of a swine farm. This act does
not apply under each of the following eircurnstances:
(1) 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 fled with the Department of Environment, health, and
Natural Resources before October 1, 1995.
(2) When the construction or enlargement occurs on or after October
1, 1995, for the purpose of increasing the swine population to the
population that the animal waste mmagement system is designed
to accommodate as that system is set forth in a registration of the
swine operation filed with the Department of Environment, Health,
and Nstmal Resources before October 1, 1995, or as that system is
set forth in an animal waste management plan approved before
October 1, 1995.
(3) When the construction or enlargement occurs on or after October
/ao L 1, 1995, for the purpose of complying with applicable animal
��i5�2ce� waste management rules and trot for the purga9e.-of�increasing-the—,
ZM swme`populatian:�
used on your nwmorwxh rn,
ion -is
to:grmn�constructi ;{You inquires furthei about the lagoon size, and it appears
ip to us that DWQ shouIditttvisc Mr to size the lagoon for the�ger,; existing herd:)
Also based on your memorandum, the ppuipose ijuthe-hon9e-cons_tructiori- is -to house• e_xistui"
. animals not to incm a tWhiiit However, there-willwbe-increased housing over the number of
regis red m ls. This cku_mstance is not expressly referenced in, and appears not to be
f, ,exempted by, items 41, 2 or 3; thus the Act would apply to the house construction. The animal
- Iwaste management rules do n t uire housin hll arumala. Thus any new houses constructed
A , to house the increased herd would have-io comply wnthWAct, `� �-,Q p� ;�5i aN
tY
fy is C cep ae cd 7 fit 1,—r---- . K;
�,��1 p e curiE%-•i-�r*� , N,r:�.�d �A�°-F.,.. �
Y
Please feel free to cal] either of us ifyou have any questions concerning this Act_ �}cr
BSc
C

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
August 19, 1996
Mr. Curtis L. Oxendine
Oxendine Pork Farm
Route 1, Box 125-C
Shannon, NC 28386
SUBJECT- Application of Swine Farm Siting Act
to Oxendine Pork Farm
Robeson County
Dear Mr. Oxendine:
During a meeting in the Fayetteville Regional Office on August 8, 1996, with Mr. James Cochran
of the Robeson County Extension Service, we were asked by Mr. Cochran to consider how the Siting Act
would apply to your farm if you reduced your size to the 100 sow operation that you had registered for in
November 1993. Our staff and the Attorney General's office have reviewed this proposal and it is the
consensus of opinion that the Siting Act would not apply since this is not considered an expansion. -1 ,
would-meanthat the- improvements to-the,waste-lagoon, land applicatiod field and the additionaLbam e
tlia` u tivouid need�emoY ' d "off the round c` be aiiovued under the cntena for-O existing
operation t Please understand that this means at the size of your operation must not exceed the 100 sows
-tfiat-you registered with the Division. To be more specific, in Senate Bill 1217 under Part IV "Swine Farm
Siting Act/Requirements/Notice" section 8 addresses those situations that would not fall under the new
siting requirements. Item number 3 of section 8 states that the act does not apply "when the construction
or enlargement occurs on or after October 1, 1995, or the purposeof°camply.ing, with,applicableaniirtal'
as mans fe— ent°rules-and'not-tne purpose`ot increasing tie swine population".
.pio..,ca �� nothlultyvu rCiju aud-w{iwl tiafvriitu0 , Cr further c-l.-ar.ir do of ! is.mWtl�r, PClta! .
to contact me or Mr. Michael Wicker, Water Quality Supervisor at [phone],
Sincerely,
KlIzz �-,
Kerr T. Stevens
Regional Supervisor
KTS/bs
f
Li L, C1 N
CC" Ed Holland James Cochran
NRCS NC Cooperative Extension Service -1) F A K (z o w r C
440 Caton Road Robeson County Center
Lumberton. NC 28358 Lumberton, NC 28359 (� i S f� ` GJ i T R �� - ZQ —
Wachovia Building, Suite 714, Fayetteville ��y. FAX [phone]
North Carolina 28301-5043 N�� An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper

October 14, 1998
To: Sonya Avant
Tommy Stevens
Sue Homewood
Grady Dobson
Audry Oxendine
Jeffrey Brown
John Hasty
Bob ath
Art He
Barnhart
Ed Holland and David Hedgpeth
From: James Cochran
Agricultural Extension Agent
North Carolina Cooperative Extension Service
College of Agriculture end Life Sciences
Robeson County Center
North Carolina Cooperative E=mon Service
455 Caton Road
P. O. Box 2280
Lumberton, NC 28359-2290
[phone]
Greetings. This is primarily in reference to Sonya Avant's certified letter sent to
Curtis Oxendine, dated September 28, 1998. (Facility number 78-63). 1 had
been out of the office most of two weeks, in Iowa and due to our county fair.
When I sorted through my desk, right under a copy of Sonya's letter was the
article I have attached to this letter. Someone had put the article copy on my
desk -- totally unrelated to Curtis, any other farmer or DWQ or any other
agency. However, I thought the timing so coincidental I laughed for a good 30
minutes. Then, I reread the article again, and laughed another 30 minutes.
Now, I do not mean ill intent to any of you "regulators". I do not and would not
want your jobs. 1, and others, have enjoyed a great working relationship with
most all of you listed above. Many of you are fairly new or have recently
changed positions. That, in part, I think is a source of some communication
problem.
Okay, now, after you have had your chuckle (hopefully), I am going to toss out
my thoughts, opinions and remembrances. I know they do not carry any
weight -- I'm just trying to work in the education part. But, I can tell you that
without having spoken to Curtis recently, he has to be frustrated. However,
Curtis would never write a letter like the guy in the article.
Ed Holland and I have spoken and reviewed this whole thing and independently
agree as to the occurrence of and chronological order of events. However,
there does not seem to be a complete paper trail.
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age. or disability.
North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.

Here goes. The additional letters attached contain misinformation that you can
see where, at the time, I made corrective notes in the margins.
Curtis entered the swine business slowly and when he expanded back in the
80's he got letters of permission from his closet neighbors, ended up with two
lagoons and 3 main buildings feeding into the lagoons. There were 2-3 other
dirt lots as well. This is important: Into the 90's and at the time of the 1993
swine farm registration �� --- Curtis has had a 120 sow, farrow to finish
farm. He did not correctly register when he put down 100 sows in 1993. If I
remember correctly in our discussion, it seems he did not list a group of
gestating sows and/or possibly some replacement gilts (20-21 sows per
farrowing group) that are on the dirt lots in the rotation and not in the buildings.
I think this may have been the source of his registration confusion - he
registered sows in the buildings in confinement at any given time on the farm,
whose waste went into the then, two stage lagoon system.
The correct registration, then and now, is 120 sows, farrow to finish. IF , for
some reason, Curtis would now be held to the original 1993 mistaken
registration of 100 sows, then those of us at the county level have great
concern about inconsistenies, (just in Robeson County) of one farmer being
permitted to "adjust" upward his orginal registered swine number (for far less
valid reasons) and Curtis now being questioned. I could ellaborate, but I think
enough said. Think about the consequences of such inconsistencies. They are
not secret and could come back to haunt -- someone.
Now, the NRCS designed and cost shared lagoon was designed for 120 sows,
farrow to finish. There were several letters, meetings and much discussion
before NRCS would cost share with Curtis, to make sure that it was okay to
construct the lagoon for 120 sows U. to f.). Ed and his NRCS folks will not
make a move toward cost sharing unless everything is straight.
This is important (and highlighted in one of the letters): The main reason for
constructing the lagoon for 120 sows (f. to f.)CAND constructing another fourth
building, was to get ALL swine off the ground. 6Ms was agreed to unilater-a
y all agencies involved whether -regulatory, educational;; adirisory and/or
ttechn ail assi tance. - Getting ALL swihd off=tWground-was-considered- an
abatement actionagainst a possible/probable sources) of groundwater
contamination with excess nitrates.
Never was the number of swine increased, but the registered swine number
was raised from 100 to 120 sows (f. to f.). Read that last sentence again -- I
worked hard on the phrasing.
Current population is the same as it has been for the last eight or so years. We
are just getting swine off the ground and directing ALL swine waste on the farm
into the appropriately designed 120 sow (f. to f.) cost shared lagoon so that the

waste can environmentally be pumped through Curtis' new cost shared
irrigation system onto his long term leased cost shared established
bermudagrass field.
may be more frustrated than Curtis. Curtis has been extremely cooperative
(especially in comparison to some other farmers/companies). He is keeping
good records and never hesitates to contact NRCS or the Extension Service
with a question or assistance.
I do not mean to be negative. Quite the contrary. I have cited Curtis' situation
as the ideal example of how so many different agencies and some private
entities can work together to DO THE RIGHT THING -- which, in this case was,
cease all suspect sources of groundwater nitrate contamination. And, I think it
has worked. The old lagoons were cleaned out, the new lagoon put in, new'
waste application fields established with new irrigation equipment; and, Curtis is
on schedule with his building. According to plan, he will have all swine off dirt
by late fall or the end of this calendar year.
So, there has never been an EXPANSION. Just an environmentally sound
relocation of animals from dirt lots to a controlled waste management system.
The three old houses are still in operation. The new house will be the fourth.
Two lagoons are now down to a new one lagoon. I think all that needs done
now is the paperwork to catch up to corrective actions.
If I can be of any further clarification, contact me. I may have another joke
(story) to tell you.
FYI: At the risk of leaving out someone, these are all the people that have been
involved with Curtis' farm situation over the last 3-4 years.
Robeson County Health Department
Two private environmental engineering firms
Irrigation and waste management companies
NRCS and SWCD, County and Regional
North Carolina Cooperative Extension Service (county and about 11 Extension
Specialists from various N. C. State University College of Agriculture and
Life Sciences Departments)
The North Carolina Department of Transportation
Private Attornies (land purchase from DOT and land lease agreement)
DEM, then, DWQ - Surface AND Groundwater sections.
Attorney Generals Office
Enclosures

Bureaucrats, Beavers And Bears, Oh My!
For those who get the uneasy feel-
ing that governmental regulators
sometime lose touch with reality, I
pass along this talc: of two Ictte m re-
cently published in the N.C. Forestry
Association newsletter.
It sends there was a roan in
Michigan named Ryan DeVries who
received a ratified letter last Dec-
ember from David Price, district rep-
resentative for the Michigan Land and
Water Management Division. Mr.
DeVnes read the letter and realized it
had been sent to the wrung person.
So he forwarded it Stephen Tvel-
ten, owner the land described in the
letter. With the typical we -can -do -nu -
wrong attitude of a career regulator,
Mr. Price was writing to accuse the
wrong person of the • following of-
fense:
"You have been certified as the le-
gal landowner and/or contractor who
did the following unauthorized activi-
ty: construction and maintenance of
two wood debris dams across the our -
let stream of Spring Pond. A permit
must be issued prior to the start of this
type of activity. A review of the dc-
pauunerri s files shows that no permits
have been issued."
Mr. Tvedten was infomted--by
way of Mr. DeVries--that he was in
violation of "Pan 301, Inland Lakes
and Streams. Natural Resource and
Environmental Protection Act 451 of
the Public Acts of 1994, being see-
tiuns 324.30101 to 324,30113 of the
Michigan Compiled Laws arntatated:'
He was ordered to "cease and desist'
this dawn building ae-tiviey and w:us
told to restate the stream to its original
condition by removing all the wood
and brush used to build the dams_
Mr. Price then threatened Mr
DeVries (who forwarded the threaten-
ing letter to Mr. Tvedten) with -elevat-
ed enforcement action" if be did no
complete the stream restoration within
six weeks. Mr. Tvedten was not
amused -
Well. maybe just a lildr- He wrote
back to fir. Price and informed him
the state had not only mividuntiiied Lite
owner of dtc property but also the
species of the alleged violator. He put
it like this:
"First of all, I am the toga] owner,
and a couple of beavers are in the
(state unauthorized) process of con-
structing and maintaining two wood
'debris' dams :cross the outlet of my
Spring Pond While 1 did not pay for,
[tor authorize their data project. I think
they would be highly offended you
call their skillful use of natural build-
ing materials `debris.'
"I would like to challenge you to at-
tempt to emulate their dam project any
dam time an for any dam place you
choose. 1 believe I can safely state
there is no dam way you could ever
match their dam skills, their dam re-
sourcefulness, their d:un ingenuity,
their dam persistence, their dam deter-
mination and/or their earth work ethic.
"As to your dam request that the
beavers first must fill out a dam per-
mit prior to the start of this type of
dam activity, my fast dam question to
you is: axe you trying to discriminate
against my Spring Pored Beavers or do
you require all dam beavers duough-
out this state to conform to said dam
requestr
Mr. Tvedten goes on to inquire,
"Aren't the dart[ beavers entitled to
dam legal representation? The Spring
Pored Beavers are financially destitute
and are unable to pay for said dam
representation —so the State will have
to provide them with a Liam lawyer...
"if you want the dam stream 're-
stomd' to a free flow condition- wn-
tact the dam beavers. But if you are
going to arrest them (they obviously
did not pay any dam attention to your
dam letter --being unable to read
English) be sure you read them their
dam Miranda rights fast..
"in my humble opinion, the Slxing
Pond Beavers have a right to build
their darn unauthorized dams as long
a% the sky is blue, the grass is green
and water flows downsLrean1L They
have more dawn right than I to live and
enjoy Spring Panel
"So as far as I ante the beavers are
concerned, this dam case can be re-
ferred for more dam 'elevated en-
forcement action' now. Why wait until
]an. 1? The Spring Pond Beaver may
be under the dam ice then, and there
will be no way for you to your dam
staff to contacLftm%s them,
"In conclusion I would like to
bring to your attention a read cnv'trtxi-
inenlal quality problem. Bears are ac-
tually defecating in our woods. I defi-
nitely believe you should be persecut-
ing the defecating beaus and leave the
dam beavers alone. If you are going to
investigate the beaver dam, watch
your step± Clbe bears are not careful
where they dump±Y.
But I suspect the Michigan Land
and Water M.viasemeMt Division will
more LmmI"ul about minding its own
dam business.

State of North Carohim
Department of Envirounient
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne N-TcDevitt, Secretary
A. Preston Howard, Jr., P.E., Virector
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Curtis Oxendine
Oxendine Pork Farm
Route 1. Box 125-C
Shannon. N.C. 28174
Dear Mr. Oxendine:
1'410 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAruRAL RESOuRCEs
September 28, 1998
Subject: Farm Certification
Facility Number 78-63
Robeson County
The Division of Water Quality (UV%'Q ) la.ac reviewed your Animal Waste Management
Plan Certification Form. «which was received (in the 4`r' of May 1998. Your facility was certified
as a 120 farrow to finish swine operation. Upon reviewing our files, your original registration
dated November 29, 1993 anti your confirniation letter dated December 31, 1996 characterizes
your operation as a 100 farrow to finish swinc operation.
The increase in number from 100 to 120 farrow to finish appears to be an expansion. All
expansions must meet the new Swine Farm Siting Act and Moratoria on Swine Farm
requirements. Modifications to your f wility :are allowed as a retrofit only if the improvements
are to sei ice the existing facility and hcr-1 sire. In light -of th - new certifi_eation additional
information is being requested. Plcase prokridoF our office with the additional information to
evaluate your facilities situation. The infnnnation requested by this letter must be submitted on
or before 30 days of receipt of letter.
1. Dates of whc?i the origiri,al designed and built.
2. Dates of when the new Ea-unon desi Qned and built. (I - 7- ; - �' ' j (A.,.4A' - 10/2-07)
3. The number of lagoons in operation at this facility.
4. Dates of x0en the existing house �t•as designed and built. -1 -
5. Dates of when the addition of the house was designed and built.
6. The number of seine houses in operation at this facility. 31= •�
7. Current population at facility. . t' ;_ F ,- --_. — X-'
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%a recycled/10% post -consumer paper

Please be advised that nothing in Ibis letter should be taken as removing from you the
responsibility or liability for failure to cowply with the requirement to develop and implement a
certified animal waste management plan by December 31, 1997.
If you have any questions concerning this letter, please do not hesitate to call me at
[phone], extension 571 or contact vocir local Natural Resource Conservation Service.
Sincerely,
'L-e . ava'j
Sonya L. Avant
Environmental Engineer
cc: FavetteviIIe Regional Office — Division of Water Quality
Robeson County Soil and Water (-onservzltlon District
Audrey Oxendine. Division of Soil MILI W-mer Conservation
David Hedgpeth. Mitural Resotprocs C'cInscrv,ation Service — Lumberton Field Office
Facility File

2r% MOB
. t
ENV. I<<t ���:�C=^;.cF; T State of North Carolina
FAYETTEI►iii.L� GZG. UFFICE
MIcIIA .l. F. E.45LFY [7epartrnent of Justice
A77tIRNEY 4[NERA1. P. O. B0X f;: 9
RALEIGF 1
27602-0620
REPLY To; Daniel C. Oakley
Envimnmentel Division
Tel: [phone]
Fax, [phone]
-MEMORANDUM-- p�� copy
P� �fti
TO: Grady Dobson o f,1(JMe_ {)ELCIJ
FROM: Dan Oakley� �
Ryke Longest {� 15 X E� p 1N� �e`� T SS/A
C� RT
DATE: July 24, 1996 co � � � � � of, F- Q � 7go,'
h
9Taa5 ,� Y
SUBJECT:
You have asked for guidance in the application of the Swine Farm Siting Act to the
above -referenced animal operation.1 is planning to build a new lined lagoon and a
new swine house to contain all of the animals he currently has on site. He. apparently registered,
under the .0200 rules, for 100 sows but now has 125 sows. His total population is not given.
The original Swine Farm Siting Act, G.S. l 06-800 et seq., was effective October 1, 1995,
and was generally interpreted as applying only to new constructions of lagoons or houses subject
to site evaluations after that date. Expansions and repairs of farms, and Components Of farms,
were the subject of many questions and the General Assembly recently Attended the Act.
effective June 21, 1996.
The primary issue you have raised is what setbacks now apply to the new lined lagoon
and to the new building. Initially, we would note that the Act applies only to swine farms
"devoted to raising 250 or more animals of the porcine species." G.S. 106-602(5). It is difficult
to determine from your memorandum whether thin initial threshold is met. However, we hav;c
assumed that it does because of infonntation given by telephone that the numbers listed do not
include piglets or weanlings. Asstaning that each sow has two litters per year and each litter
contains an average of eight piglets, 125 sows will birth enough piglets to exceed the threshold
250 animals at any given time." ire 1996 amendments (contained in the 1996 Session Laws,
t This is an advisory memorandum only. It has neither been reviewed nor approved in.
accordance with the N.C. Department of Justice's policy for issuing Attorney General's opinions.
2 Neither the Swine Farm Siting Act nor the Non -Discharge Rules provide an exception to
the term "animal" for piglets or boars. Accordingly, the number of animals to be kept on the
farm includes piglets and boars. If the maximum number of animals which the farmer plans to
keep on site at any given time is 250 or more, then the Act applies to that fanrt, even if there are
fewer than 250 sows on the farm at any time.

Chapter 627, Sections 7-8) attempt to address both constructions and enlargements occurring.
after October 1, 1995. Both of these types of activities are subject to the setbacks unless
excepted out. The relevant law is set out verbatim below:
s This act applies to the construction or enlargement, on or after October 1,
1995, of swine houses, lagoons, and land areas onto which waste is
applied from a lagoon that are components of a swine farm. This act does
not apply under each of the following circumstances:
(1)
(2)
(3)
1 a" �-
��` Jec_
When the construction or enlargement occurs on or After October
11 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 before October 1, 1995.
When the construction or enlargement occurs on or after October
1, 1995, for the purpose of inerming the swine population to the
population that the animal waste management system is designed
to accommodate as that system is set forth in a registration of the
swine operation filed with the Department of Environment, Health,
and Natural Resources before October 1, 1995, or as that system is
set forth in an animal waste management plan approved before
October 1, 1995.
When the construction or enlargement occurs on or after October
1, 1995, for the purpose of complying with applicable animal
waste management rules rules and n orhPamo e°seof ncrcmiN the
spopulation. ,
ased on your memorandum,
' c t~ink nitrate pollution problcm.�w_Tl
--
i7is-to-abate -an,
-n�t' ply"to the lagoon consttviction. {You Inquired further about the lagoon size, and 't_appears
t to us that DWQ should advise Mr to size the lagoon for tlieJArger t tiding herd:)
Also based on your memorandtun, the purp0 ' —'?f-the-house canst-Ctiotf, is-w ouse exist
nimals not to'incrc s tlae`h How ve a there will be" tI'-_' _d 16using over the nu
amber of
registered animals. This diccumstance is not expressly referenced in, and appears not to be
exempted by, items #1, Z or 3; thus the Act would apply to the house ccrostruction. The animal
waste management rules do not Wiro housing,all animals. Thus any new houses constructed
to house the increased hard wo ve com l`�'Act. ~..,,r=--
5,�: P Y - eve e C'�` "�SroN
�},v"% C{PTO�EP_ DifCkSSTC oN -rH(s Cle4R<d T�rl '
� 4 f LA Q $4 T S : »r � E nro P o C uM Er-7 rrU.�r,
„
<<,� o � Please feel free to call either of us if you have any questions corncernI g this Act. PrSRT� .:
DCOrSil � G
""�� C Q i Q`i CCz

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. Curtis L. Oxendine
Oxendine Pork Farm
Route 1, Box 125-C
Shannon, NC 28386
Dear Mr. Oxendine:
A�1�
IDEHNR
DIVISION OF WATER QUALITY
August 19, 1996
SUBJECT -
Application of Swine Farm Siting Act
to Oxendine Pork Farm
Robeson County
During a meeting in the Fayetteville Regional Office on August 8, 1996, with Mr. James Cochran
of the Robeson County Extension Service, we were asked by Mr. Cochran to consider how the Siting Act
would apply to your farm if you reduced your size to the 100 sow operation that you had registered for in
November 1993. Our staff and the Attorney General's office have reviewed this proposal and it is the
consensus of opinion that the Siting Act would not apply since this is not considered an expansion. Tliis^
would-mean'tHa the -improvements to tnhe waste lagoon, land applicatiofield-and the additional•barn space'=
_---33�14 r cam. wxa4.�,rwwn,.�..�..-s....rw.,.. ,:, - ..,
that yvu would•need to-mmove_th ffiimals off_the �round:c allowed�under the criteria for an•existing_
ope atso'Please-understand- that-this`means that the size of your operation -must"not-exceed the-100 sows
-that-yo registered with the Division. To be more specific, in Senate Bill 1217 under Part IV "Swine Farm
Siting Act/Requirements/Notice" section 8 addresses those situations that would not fall under the new
siting requirements. Item number 3 of section 8 states that the act does not apply "when the construction
or enlargement occurs on or after October 1, 1995, fo a purpose of complying with�applicable Animal
waste'.managementrules-and not the pup f�increasing the swt — population" f
_.�
S!. �..t.7 ,� ,t,7: S C...-.-...r; r.urrhor ri�riir rin `l f die mrttar rl.� eW /�n Pet! t
«�u,., You need a..u,�.c:,a, .:...,....�..o.., cr ..... , ,,r... au..r. t_.. , �, a ,not h_<,ta.e
to contact me or Mr. Michael Wicker, Water Quality Supervisor at [phone].
Sincerely, �
S C4,f 1,ti'� rcic Lr Li(c
Kerr T. Stevens
Regional Supervisor G
KTSIbs C� `' 1 C`L /3 S H4 ,D
cc: Ed Holland James Cochran
MRCS NC Cooperative Extension Service j P iZt; U/ r G
440 Caton Road Robeson County Center
Lumberton, NC 28358 Lumberton, NC 28359 (� �i oft 20
Wachovia Building, Suite 714, Fayetteville FAX [phone]
North Ccrolino 28301-5043 N%`
� C An Equal opportunity Affirmative Action Employer
Voice 910-486-1541 ,• a 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Curtis Oxendine
Oxendine Pork Farm
Route 1, Box 125-C
Shannon, N.C. 28174
Dear Mr. Oxendine:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATuRAL RESOURCES
September 28, 1998
Subject: Farm Certification
Facility Number 78-63
Robeson County
The Division of Water Quality (DWQ) has reviewed your Animal Waste Management
Plan Certification Form, which was received on the 4`h of May 1998. Your facility was certified
as a 120 farrow to finish swine operation. Upon reviewing our files, your original registration
dated November 29, 1993 and your confirmation letter dated December 31, 1996 characterizes
your operation as a 100 farrow to finish swine operation.
The increase in number from 100 to 120 farrow to finish appears to be an expansion. All
expansions must meet the new Swine Farm Siting Act and Moratoria on Swine Farm
requirements. Modifications to your facility are allowed as a retrofit only if the improvements
are to service the existing facility and herd size. In light of the new certification additional
information is being requested. Please provide our office with the additional information to
evaluate your facilities situation. The information requested by this letter must be submitted on
or before 30 days of receipt of letter.
1. Dates of when the original lagoon was designed and built.
2. Dates of when the new lagoon was designed and built. RECEIVEDI The number of lagoons in operation at this facility.
4. Dates of when the existing house was designed and built.
5. Dates of when the addition of the house was designed and built. � iVP 3 ' i4g8
6. The number of swine houses in operation at this facility. EAYETTEE)ALLE
7. Current population at facility. REG. OFFiCE
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with the requirement to develop and implement a
certified animal waste management plan by December 31, 1997.
If you have any questions concerning this letter, please do not hesitate to call me at
[phone], extension 571 or contact your local Natural Resource Conservation Service.
Sincerely,
" �.
Sonya L. Avant
Environmental Engineer
cc: Lyetteville-Regional-Office - Division -of -Water -Quality-- J
Robeson County Soil and Water Conservation District
Audrey Oxendine, Division of Soil and Water Conservation
David Hedgpeth, Natural Resources Conservation Service — Lumberton Field Office
Facility File

a
State of North Carolina
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wavne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
1
SUBJECT: Application for special agreement
I
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCrS
MAR 10 1998
FAYE i 1 EViLLF—
REG. OrriCE
PIease find attached a copy of application for special agreement for facility number -)g_9 3 .
Any comments that the regional office can provide on the issuance of a special agreement to this
facility by the EMC would be greatly appreciated. Please provide any comments in writing (e-
mail messages are acceptable) to me as soon as possible.
Thank you for your timely assistance in this matter. If you have any questions, please call me at
733-5083, ext_ 581.
ATTACHMENT
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

State (if Not -Ili Carolina
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT)
I. GENERAL INFORMATION:
1. Applicant (Owner of the Facility): _Gl�f},�s. OX rr., d:,v _
2. Facility No.: 78- G 3
3. Facility Name: 4X d�;ve Pohk Fezl-n
4. Print or T}^pe Owner's or Signing Official's Name and Title (the person who is
legally responsible for the facility and its compliance):
G r �4r O Y d:NG
5. Mailing Address: AA �. � !%,'-�
City:__S12AAI ✓o N_ _ __ State: _ �!/� Zip:
Telephone No.: (V6 ) _ i3 43 -- S�r7
6. Counh, where facility is located: l't 01e am
7. Operation Type (Swine, Poultry, Cattle): _ _ _J_W1;r1e_
8. Application Date: =,? /.3,9,8
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 2), 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
September 1, 1996 %xith their local Soil and Water Conservation District office and u-ho makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
FOR\I SPAG V98 Page I of 4

2. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts signed
D. Funds expended
E. Improvements made to the system
F. AnimaIs removed and not retoacked at the facility
G. Other actions taken
L o.+ye, "Fi' C' /ef
—{ �_7f `��_� -J-%!sT��+-+� �rXGT•ire-i:y�.l^i'a'�- T�i C�Ca�.r:y,? � aa�- �sl: �'� C�.i{�s+e�ibs..
.5'Gu6it/c i:-�q Oe - d "i o_w/ _mac. /T cf 6z At Jci'L_
/�87 �C _ •�� C"AcT
5,91
C cc c a La. / ' c o L
BIZ Y Zat.c ate— e f _ sa.'t 5'A Grp/ta � �fr� cr•� Al
S'7 — t /7 ke ha.( G'�rko�L<c r iesL r t��s r'l� f t aX-I
RC.s;
i
FORM SPAG 1/98 Page 2 of 4

'S I .
II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most'recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
ZAe
,a c _ e
WW !! c-��-4,p DBC .
Applicant's Certification:
1. L U K T "5 -OX& pA ii1/L'. - , attest this application for a Special Agreement
%vith the E.MC has been reviewed by me and is accurate and complete to the best of my '
knowledge. I understand if all required parts of this application are not completed and if all
this document removes my, responsibility and liability for complying with All North Car-01
General Statutes and Regulations I understand that the failure to meet any dates that are agreed
upon b\- m-%,self and the EMC will -result -in apprppriate enforcement actin ei taken by the
EMC.
Print Name of Owner
r , Date s? _'_ ? q
Signature of Owner
FORM SPAG 1/98
Page 3 of 4

State of North Carolina
Department of Environment,
Health and Natural Resources XT??F'A e
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DMSION OF WATER QUALITY
August 19, 1996
Mr. Curtis L. Oxendine
Oxendine Pork Farm
Route 1, Box 125-C
Shannon, NC 28386
SUBJECT: Application of Swine Farm Siting Act
to Oxendine Pork Farm
Robeson County
Dear Mr. Oxendine:
During a meeting in the Fayetteville Regional Office on August 8, 1996, with Mr. lames Cochran
of the Robeson County Extension Service, we were asked by Mr. Cochran to consider how the Siting Act
would apply to your farm if you reduced your size to the 100 sow operation that you had registered for in
November 1993. Our staff and the Attorney General's office have reviewed this proposal and it is the
consensus of opinion that the Siting Act would not apply since this is not considered an expansion. This
would mean that the improvements to the waste lagoon, land application field and the additional barn space
that you would need to remove the animals off the ground can be allowed under the criteria for an existing
operation. Please understand that this means that the size of your operation must not exceed the 100 sows
that you registered with the Division. To be more specific, in Senate Bill 1217 under Part IV "Swine Farm
Siting Act/Requirements/Notice" section 8 addresses those situations that would not fall under the new
siting requirements. Item number 3 of section 8 states that the act does not apply "when the construction
or enlargement occurs on or after October 1, 1995, for the purpose of complying with applicable animal
waste management rules and not the purpose of increasing the swine population".
Should you need additional information, or further clarification of this matter, please do not hesitate
to contact me or Mr. Michael Wicker, Water Quality Supervisor at [phone].
Sincerely,
Kvz�
,
Kerr T. Stevens
Regional Supervisor
KTS/bs
cc: Ed Holland James Cochran
MRCS NC Cooperative Extension Service
440 Caton Road Robeson County Center
Lumberton, NC 28358 Lumberton. NC 28359
WachoAa Building, Suite 714, Fayetteville I - * FAX 91GA8fi-0707
North Carolina 28301-5043 N C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/10% post -consumer paper
1

ENV. MANAGEbIENT State of North Carolina
FAYETTEVILLE REG. OFFICE REPLY TO: Daniel C. Oakley
MICHAEL F. EASLEY Department of Justice
Environmental Division
ATTORNEY CENERAI. P. O_ BOX 629 Tel: [phone]
RALEIGH Fax: [phone]
27602-0629
-MEMORANDUM-
TO: Grady Dobson
FROM: Dan Oakley 'D UD
Ryke Longest JZ&'
DATE: July 24, 1996
SUBJECT: Oxendine Farm (Robeson County)
You have asked for guidance in the application of the Swine Farm Siting Act to the
above -referenced animal operation.` Mr. Oxendine is planning to build a new lined lagoon and a
new swine house to contain all of the animals he currently has on site. He apparently registered,
under the .0200 rules, for 100 sows but now has 125 sows. His total population is not given.
The original Swine Farm Siting Act, G.S. 106-800 et seq., was effective October 1, 1995,
and was generally interpreted as applying only to new constructions of lagoons or houses subject
to site evaluations after that date. Expansions and repairs of farms, and components of farms,
were the subject of many questions and the General Assembly recently amended the Act,
effective June 21, 1996.
The primary issue you have raised is what setbacks now apply to the new lined lagoon
and to the new building_ Initially, we would note that the Act applies only to swine farms
"devoted to raising 250 or more animals of the porcine species." G.S. 106-802(5). It is difficult
to determine from your memorandum whether this initial threshold is met. However, we have
assumed that it does because of information given by telephone that the numbers listed do not
include piglets or weanlings. Assuming that each sow has two litters per year and each litter
contains an average of eight piglets, 125 sows will birth enough piglets to exceed the threshold
250 animals at any given time.Z The 1996 amendments (contained in the 1996 Session Laws,
This is an advisory memorandum only. It has neither been reviewed nor approved in
accordance with the N.C. Department of Justice's policy for issuing Attorney General's opinions.
Neither the Swine Farm Siting Act nor the Non -Discharge Rules provide an exception to
the term "animal" for piglets or boars. Accordingly, the number of animals to be kept on the
farm includes piglets and boars. If the maximum number of animals which the farmer plans to
keep on site at any given time is 250 or more, then the Act applies to that farm, even if there are
fewer than 250 sows on the farm at any time.
An EClual Opportunity / Affirmative AClion Employer D

Grady Dobson
July 24, 1996
Page 2
Chapter 627, Sections 7-8) attempt to address both constructions and enlargements occurring
after October 1, 1995. Both of these types of activities are subject to the setbacks unless
excepted out. The relevant law is set out verbatim below:
This act applies to the construction or enlargement, on or after October 1,
1995, of swine houses, lagoons, and land areas onto which waste is
applied from a lagoon that are components of a swine farm. This act does
not apply under each of the following circumstances:
(1) 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 before October 1, 1995.
(2) When the construction or enlargement occurs on or after October
1, 1995, for the purpose of increasing the swine population to the
population that the animal waste management system is designed
to accommodate as that system is set forth in a registration of the
swine operation filed with the Department of Environment, Health,
and Natural Resources before October 1, 1995, or as that system is
set forth in an animal waste management plan approved before
October 1, 1995.
(3) When the construction or enlargement occurs on or after October
1, 1995, for the purpose of complying with applicable animal
waste management rules and not for the purpose of increasing the
swine population.
Based on your memorandum, the purpose of the lagoon construction is to abate an
existing nitrate pollution problem. That circumstance is covered by item 43; thus the Act does
not apply to the lagoon construction. (You inquired further about the lagoon size, and it appears
to us that DWQ should advise Mr. Oxendine to size the lagoon for the larger, existing herd.)
Also based on your memorandum, the 2urpose of the house construction is to house existing
aroma s not to increase the herd. However, there will be increased housing over the number of
registered animals. TEs circumstance is not ex ressl referenced in, and appears not to be
exempte by, items # 1, 2 or 3; thus the Act would apply to the house construction. The animal
waste management rules do not re wire housing all animals. Thus any new houses constructed
to house the increase herd would have to comply with the Act.
Please feel free to call either of us if you have any questions concerning this Act.
DCOIso

I
Grady Dobson
July 24, 1996
Page 3
cc: 9;a;;J
Carroll Pierce
Kathy Cooper
Jim Gulick
EP111802

July 1, 1996
MEMORANDUM
TO: Ryke Longest
FROM: Grady Dobson
Water Quality Section
Fayetteville Regional Office
SUBJECT: - Curtis Oxendine Farm
Renert, North Carolina
Robeson County
On Monday, July 1, 1996, I talked with you by phone to discuss the Curtis Oxendine Farm,
located in Robeson County. As you are aware, Mr. Oxendine was issued a Notice of Violation by the
Fayetteville Regional Office Groundwater Section for Groundwater Nitrate Violati ns. Mr. Oxendine
has a 100 sow (registered) farrow to finish swine facility with some 25-50 dry sows and boars on the
ground at any one time.
A new lined lagoon is proposed and it can be retrofitted under Senate Bill 1080. Mr. Oxendine
desires to keep the same herd size, however, the animals on the ground may contribute to the
Groundwater pollution.
If Mr. Oxendine would build a building to house all the animals on the ground, would this
violate Senate Bill 1217. Can a new structure be built to environmentally improve the existing situation
and not violate the 1500 feet required distance?
Mr. Oxendine has not increased his herd size. He is registered for 100 sows but with those on
the ground, he has some 125 sows. How must the lagoon be sized for 100 sows registered or for the 125
actually present?
I would greatly appreciate a written explanation so I can pass it on to other parties requesting this
information.
Please advise if you have any questions.
GD/bs

State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
A4 �j
�EHNR
FAX COVER SHEET
DATE: -7/ z5-/9 6
TO: F-wo,d�������
FAX #: L 4 R3 a
FROM: G 0016",
Number of Pages, including cover:
NOTE: E-01 :
Palk
L.�D tea(
r
hetlo r,07
A-Z
Wachovia &iiding. Site 714. Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

PJUL 25
ENV. f4ANAG�"-_E:Airi T
State of North Carolina
FAYETTEIf;i_LE Ri G. OFFICE REPLY TO: Daniel C. Oakley
MICHAEL F. EASLEY Department of Justice Environmental Division
Ar CMNEy GENERAL P. O. BOX 629 Tel: [phone]
RALEIGH Fax: [phone]
2 7602-0629
-MEMORANDUM-
TO: Grady Dobson
FROM: Dan Oakley 'D (A
Ryke Longest QL
DATE: July 24, 1996
SUBJECT: Oxendine Farm (Robeson County)
You have asked for guidance in the application of the Swine Farm Siting Act to the
above -referenced animal operation.' Mr. Oxendine is planning to build a new lined lagoon and a
new swine house to contain all of the animals he currently has on site. He apparently registered,
under the .0200 rules, for 100 sows but now has 125 sows. His total population is not given.
The original Swine Farm Siting Act, G.S. 106-800 et seq., was effective October 1, 1995,
and was generally interpreted as applying only to new constructions of lagoons or houses subject.
to site evaluations after that date. Expansions and repairs of farms, and components of farms,
were the subject of many questions and the General Assembly recently amended the Act,
effective June 21, 1996.
The primary issue you have raised is what setbacks now apply to the new lined lagoon
and to the new building. Initially, we would note that the Act applies only to swine farms
"devoted to raising 250 or more animals of the porcine species." G.S. 106-802(5). It is difficult
to determine from your memorandum whether this initial threshold is met. However; we have
assumed that it does because of information given by telephone that the numbers listed do not
include piglets or weanlings. Assuming that each sow has two litters per year and each litter
contains an average of eight piglets, 125 sows will birth enough piglets to exceed the threshold
250 animals at any given time.2 The 1996 amendments (contained in the 1996 Session Laws,
I This is an advisory memorandum only. It has neither been reviewed nor approved in
accordance with the N.C. Department of Justice's policy for issuing Attorney General's opinions.
2 Neither the Swine Farm Siting Act nor the Non -Discharge Rules provide an exception to
the term "animal" for piglets or boars. Accordingly, the number of animals to be kept on the
farm includes piglets and boars. If the maximum number of animals which the farmer plans to
keep on site at any given time is 250 or more, then the Act applies to that farm, even if there are
fewer than 250 sows on the farm at any time.
An Equal Opportunity / Affirmative Action Employer 1�3

Grady Dobson
July 24, 1996
Page 2
Chapter 627, Sections 7-8) attempt to address both constructions and enlargements occurring
after October 1, 1995. Both of these types of activities are subject to the setbacks unless
excepted out. The relevant law is set out verbatim.below:
This act applies to the construction or enlargement, on or after October 1,
1995, of swine houses, lagoons, and land areas onto which waste is
applied from a lagoon that are components of a swine farm. This act does
not apply under each of the following circumstances:
(1) 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 before October 1, 1995.
(2) When the construction or enlargement occurs on or after October
1, 1995, for the purpose of increasing the swine population- to the
population that the animal waste management system is designed
to accommodate as that system is set forth in a registration of the
swine operation filed with the Department of Environment, Health,
and Natural Resources before October 1, 1995, or as that system is
set forth in an animal waste management plan approved before
October 1, 1995.
(3) When the construction or enlargement occurs on or after October
1, 1995, for the purpose of complying with applicable animal
waste management rules and not for the purpose of increasing the
swine population.
Based on your memorandum, the purpose of the lagoon construction is to abate an
existing nitrate pollution problem. That circumstance is covered by item 43; thus the Act does
not apply to the lagoon construction. (You inquired further about the lagoon size, and it appears
to us that DWQ should advise Mr. Oxendine to size the lagoon for the larger, existing herd.)
Also based on your memorandum, the purpose of the house construction is to house existing
animals not to increase the herd. However, there will be increased housing over the number of
registered animals. This circumstance is not expressly referenced in, and appears not to be
exempted by, items #1, 2 or 3; thus the Act would apply to the house construction. The animal
waste management rules do not require housing all animals. Thus any new houses constructed
to house the increased herd would have to comply with the Act.
Please feel free to call either of us if you have any questions concerning this Act.
DCO/so

Grady Dobson
July 24, 1996
Page 3
cc: Dennis Ramsey
Carroll Pierce
Kathy Cooper
Jim Gulick
EP111802

DEC I8 19
LW -MANAGEMENT
FA �
Mr. Kerr T . Stevens YETMELE REG. CIF
Regional Supervisor
Division of Environmental Management
Department of Environment, Health, and Natural Resources
Waehovia Building, Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Stevens:
I am responding to you concerning and on'behalf of Curtis Oxendine
and the situation of groundwater contamination from the lagoon.
I have been working with Curtis on this as we continue to make
progress using Extension specialists' recommendations. On
December 12, Ed Holland of the Natural Resources Conservation
Service (NRCS) and others from their service met at Curtis' to
plan out lagoon corrections.
There are many things under consideration. The conservation
service is going to do a formal survey evaluation of the site to
determine restructuring requirements. of .the lagoon. Cost
estimations will be narrowed down,'and it_looks like Curtis will
be able to get lagoon repairs cost shared. Cost -share agreements
must.meet state guidelines and requirements.
I more specifically want to inform you that I will be writing
Curtis' nutrient management plan in conjunction with him and
Mr. Holland. In one of your earlier letters to Curtis, it stated
he was to have a certified plan in 60 days. That -would be around
the end of December,. The needed primary elements of that plan are
not known at this time until further determinations are made by
the MRCS engineers. I need to know exact volume and holding days
of the newly refurbished lagoon before details of the nutrient
management plan can be written.
Changes being investigated include converting the two -stage lagoon
to one lagoon and, of course, lining the lagoon with clay to seal
it. NRCS will supervise the lagoon repairs. As soon as they have
design and volumes, I can then proceed with the nutrient
management plan. The new lagoon design will also help determine
the number of animals the facility can handle, acres required, and
crop management strategies.
Curtis has initiated long-term arrangements and possibility of
additional land purchases to accommodate suggested corrective
actions thus far. Curtis is. progressive, conscientious, and a
pleasure for us agencies to work with as we resolve this problem.
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.
North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.

Mr. Kerr T. Stevens
• Page 2
December 18, 1995
New funds are available to the NRCS for this specific type of
corrective action; however, they have not done very many of these.
I think this may be the first of this type. We are all learning
as we go.
The MRCS probably will not be able to provide conclusive design
summaries to me or Curtis in January. It will probably be in
February before I will have a nutrient management plan developed.
Please call if you have any questions.
Sincerely,
%ape -
James E. Cochran
Agricultural Extension Agent
JEC/dp
cc: Jim Bales
Art Barnehart
Ed Holland
Curtis Oxendine

t z North Carolina
s Cooperative Extension Service
NORTH CAROLINA SPATE UNIVERSITY
COLLEGE OF AGRICULTURE & LIFE SCIENCES
Robeson County Center, P. O. Box 2280, Lumberton, NC 28359-2280; (9 . '61 21M,!I t
b
December 18, 1995
DEC i8
ENV. MANAGEMENT �
Mr. Kerr T . Stevens PAVE TZVILLE REG. O
Regional Supervisor FF1C E.
Division of Environmental Management
Department of Environment, Health, and Natural Resources
Wachovia Building, Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Stevens:
I am responding to you concerning and on behalf of Curtis Oxendire
and the situation of groundwater contamination from the lagoon.
I have been working with Curtis on this as we continue to make
progress using Extension specialists' recommendations. On
December 12, Ed Holland of the Natural Resources Conservation
Service (NRCS) and others from their service met at Curtis' to
plan out lagoon corrections.
There are many things under consideration. The conservation
service is going to do a formal survey evaluation of the site to
determine restructuring requirements of .the lagoon. Cost
estimations will be narrowed down, and it looks like Curtis will
be able to get lagoon repairs cost shared. Cost -share agreements
must meet state guidelines and requirements.
I more specifically want to inform you that I will be writing
Curtis' nutrient management plan in conjunction with him and
Mr. Holland. In one of your earlier letters to Curtis, it stated
he was to have a certified plan in 60 days. That would be around
the end of December. The needed primary elements of that plan are
not known at this time until further determinations are made by
the NRCS engineers. I need to know exact volume and holding days
of the newly refurbished lagoon before details of the nutrient
management plan can be written.
Changes being investigated include converting the two -stage lagoon
to one lagoon and, of course, lining the lagoon with clay to seal
it. NRCS will supervise the lagoon repairs. As soon as they have
design and volumes, I can then proceed with the nutrient
management plan. The new lagoon design will also help determine
the number of animals the facility can handle, acres required, and
crop management strategies.
Curtis has initiated long-term arrangements and possibility of
additional land purchases to accommodate suggested corrective
actions thus far. Curtis is progressive, conscientious, and a
pleasure for us agencies to work with as we resolve this problem.
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.
North Carolina State University, North Carolina A&T State University, U,S. Department of Agriculture, and local governments cooperating.

IL
Mr. Kerr T. Stevens
Page 2
December 18, 1995
New funds are available to the NRCS for this specific type of
corrective action; however, they have not done very many of these.
I think this may be the first of this type. We are all learning
as we go.
The NRCS probably will not be able to provide conclusive design
summaries to me or Curtis in January. It will probably be in
February before I will have a nutrient management plan developed.
Please call if you have any questions.
Sincerely,
anjea`"
.5 . & —�
James E. Cochran
Agricultural Extension Agent
JEC/dp
cc: Jim Bales
Art Barnehart
Ed Holland
Curtis Oxendine

Curtis Oxendine
Rt. 1 Box 125-C
Shannon, NC 28386
November 27, 1995
Kerr T. Stevens
Regional Supervisor
Division of Environmental Management
Department of Environment, Health and Natural Resources
Wachovia Building, Suite 714
Fayetteville, NC 28301-5043
Dear Mr. Stevens,
"NAY 29 vs
ENV. MANAGEMENT
501ETTEVILLE REG. OFFICE
Following is an update on the lagoon situation regarding groundwater contamination. I have
recently reported progress to Jim Bales and Art Barnhart over the telephone.
Mr. Rod Huffman from North Carolina State University came down on November 8 and
collected soil samples from various depths of borings. Two borings went a little over 21 feet
and a third one about 13 feet. These were located around the lowered side of the lagoon.
Mr. Huffman says the numbers on ammonia and nitrate concentrations in the soil are not
concrete but confirm and leave little doubt the lagoon is seeping. I, and those with the North
Carolina Cooperative Extension Service and the Natural. Resources Conservation Service
(MRCS), are more confident with these additional test results and are taking action to correct
the -lagoon seepage of these older designed lagoons.
Mr. Ed Holland of the Robeson County NRCS office in Lumberton has contacted their
engineers to make recommendations. There may be a couple different options. They and
others will help me determine what corrective action is the best in terms of stopping the seepage
in a cost effective and timely manner. However, the lagoon "correctivelrepairing" action is
new to them. They have new people hired to handle this sort of thing. They have not given
me a time when their recommendations will be final. As soon as they do, I will send them to
you along with our choice of corrective action.
I appreciate your working with me on this matter and will continue to keep you informed both
by letter and others by telephone.
Sin
. I f
/ I
Curtis Oxendine
cc: Jim Bales
Art Barnhart
James Cochran
Ed Holland
Rod Huffman

FROM : RUST ENT INC
PHONE NO. : 919 738 5183 P91
Nov s;, 1905
Curtis Oxendint
Rt. 1 Box 12S-C F'��1�Q.0�E�
Shannon, NC 28386
November 2, 1995
Kerr T. Stevens
Regional Supervisor
Division of Environmental Management
Department of Environment, Health and Natural Resources
Wachovia Building, Suite 714
Fayetteville, NC f8.'i01-5043
Dear Mr. Stevens,
Following are my intentions and activities to date concerning the nitrate Notice of Violation of
groundwater.
I have/will be meeting with several firms and receiving proposals of what they suggest should
be done, including cost estimates. Thomas Ammons has been on the site and Bill-ftht have
offered their input, both of Environmental Hydrogeological Consultants. law Engineering and
Environmental Services out of Raleigh is also coming down to the farm.
I also have dreg Jennings and Rod Huffman, State Extension Water Quality Specialists, coming
down. All these fallrs will have been on the farm and received relative information and data
within the week. I should have all their recommendations in, finalize my plaza and get back
to you before Thanksgiving.
I have been in contact with James Cochran at the Extension Service and Ed Holland of the
Conservation Service. One of my concerns is putting money toward more monitor well testing
around the lagoons versus going ahead and putting the money directly into lagoon renovations,
without all the additional 1be Conservation Service is also looking at possible
alternatives and how these meet ' guidelines for my farm situation.
Obtainin an approved waste management plan should not be a problem within the 60 day
pcnod. Further details of my plans and intentions will not be available until I have received
input from consultants. There is a lot more information I would like to know but I have to
weigh the cost of investigation against lagoon repairs. On the other hand, I would hate to begin
lagoon renovations without knowing for sure, with additional testing around them, that the
lagoons are undoubtedly the problem.
Thank you for your cooperation in dealing with this matter.
Sinewy,
Curtis Oxendine
cc: Jim Bales
James Cochran
Ed Holland

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Fayetteville Regional Office r
James B. Hunt, Jr., Governor IDC
Jonathan B. Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 26, 1995
Mr. Curtis Oxendine
Rt. 1, Box 125-C
Shannon, NC 28386
SUBJECT: Response to Notice of Violation
Exceedance of Groundwater
Quality Standards
Oxendine's Pork Farm
Shannon, Robeson Co.
Dear Mr. Oxendine:
The Fayetteville Regional Office has completed a review of your
response dated October 23, 1995. In the Notice of Violation, the
requirements under Title 15A NCAC 2L .0106 (b) mandate that any person
conducting or controlling an activity which results in the discharge of
a waste to the groundwater of the state or in proximity thereto to take
actions to terminate and control the discharge, to mitigate any hazard
resulting from exposure to the pollution and to notify the Division of
the discharge.
Your response did not address the issues of terminating and
controlling the discharge. The data collected to date indicate the
lagoon structures are causing a portion if not all of the discharge to
the groundwaters. You must submit your plan for terminating the
discharge from the lagoons -and any other source contributing to the
groundwater standards violations.
To control the discharge, the first step is to conduct an
investigation to determine the extent of the impact from the discharge
and evaluate the hydrogeological characteristics of the site. After
this step is completed, you must submit your plan for maintaining
control of the discharge.
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone 910-48&1541 FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Curtis Oxendine
Page 2
On or before November 3, 1995, please submit to this office your
written response or proposals for (1) termination of the discharge and
(2) conducting an investigation to determine the extent of impact from
the discharge and the hydrogeological characterization of the site.
Investigations required under this subchapter must be conducted under
the supervision of a Professional Engineer or a Licensed Geologist.
Also in your October 23, 1995, letter you requested the Division
to conduct additional testing to determine all possible sources of
nitrates contamination of the groundwater. The Division does not
currently suspect that an off -site source of nitrate is the cause of
the groundwater standards violations in the locations we have sampled
to date. If your hydrogeological investigation determines that there
is some cause, other than your operation, for the groundwater standards
violations identified to date, the Division may then conduct additional
investigative activities. The Division does not have plans to conduct
any additional investigation unless information collected by you
confirms that there is such a need.
In addition to the above requirements, it is required that an
approved animal waste management plan and the attached certification
form be completed and submitted to this office within sixty (60) days
of receipt of this letter. This animal waste management plan should
include the lagoon design for the capacity of treatment and storage,
confirmation that the construction meets MRCS minimum standards, a
waste utilization plan, an irrigation system certification, record
keeping plans, and operation and maintenance instructions.
Assistance in obtaining an approved waste management plan can be
received from one of the local agricultural agencies such as the Soil
and Water Conservation, the USDA Natural Resource Conservation Service,
and the North Carolina Cooperative Extension Service, or from a private
designated technical specialist.
Failure to comply with the above requirements may result in a
recommendation to the Director of the Division of Environmental
Management for enforcement action and/or a recommendation for the
revocation of your "Deemed Permitted" status.
If you have any questions you may contact me or Mr. Jim Bales,
L.G., by telephone [phone].
Sincerely,
Kerr T. Stevens
Regional Supervisor
KTS/SAB
bc: Mr. Steve Bennett, Div. of Soil & Water Conservation
Mr. James Cochran, Rotezon Co. Ext. Office
Ground Water Section
Wa-Qual ty-Section]

FROM : RUST ENT INC PHONE NO. : 919 738 5193
P01
41.
RECEIVE,) Curtis Oxendine
Rt. 1 Box 125-C
�r �i 1995 Shannon, NC 28386
October 23, 1995--
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
Kerr Stevens
Regional Supervisor
Division of Environmental Management OCT 23 1995
Department of Environment, Health and Natural Resources
P. O. Box 29535 = ; ,
Ralei h NC 27626-0535 _ '_ �,. iL1.1, 'f L�
OFFICE
Dear Mr. Kerr,
Following is my response to the notice of violation letter received during our
Friday, October 13 meeting.
Action taken on my part about the concerns is discontinued use of questioned
field receiving swine lagoon waste. I am applying waste onto another field
northwest of the lagoons on the other side of a wooded section.
I feel immediate health concerns from drinking water has been addressed by the
Board of County Commissioners voting to extend county water to three residents
with high nitrate well tests.
I ask that more monitor well testing be conducted by you to determine all possible
sources of nitrate contamination of the groundwater. For example, around and
on the other side of the farm from the current monitoring wells. I have questions
of possible sources of nitrates around my farm and in the nearby area including
an old landfill, row crop farming in bay areas and a sand pit.
I look forward to receiving your response.
Sincer y, -
Curtis Oxendine
cc: Jim Bales

3. If individual nondischarge permits are issued, they would be issued with the same
requirements as other similar land application systems.
Groundwater
I. Animal waste management systems, either deemed permitted or individually
permitted, are not exempt from compliance with all specific groundwater standards.
15A NCAC 2H .0217(f) states: "Nothing in this rule shall be deemed to allow the
violations of any assigned groundwater standard."
2. If groundwater violations due to animal waste management systems are documented,
the facility may be assessed civil penalties just like any other facility.
3. 15A NCAC 2L .0106(b) requires any person conducting or controlling an activity
which results in the discharge of waste to the groundwater of the State or in proximity
thereto to take immediate action to terminate and control the discharge, to mitigate any
hazards resulting from exposure to the pollution and to notify the Division of the
discharge.
Therefore any groundwater violations documented by the permittee (individual or
deemed permitted) must be reported to DEM.
Once violations are documented, the permittee must take immediate actions to stop the
discharge which resulted in the violation and mitigate any groundwater contamination
which may result in a hazard to public health or the environment. These facilities,
however, can not be required to submit a corrective action plan.
4. 15A NCAC 2L .0107 (COMPLIANCE BOUNDARY) establishes compliance
boundaries for facilities which have received individual permits. Since facilities
permitted by Rule do not have individual permits, they also do not have compliance
boundaries. This means that they must insure compliance directly at the waste source
and do not get the benefit of attenuation.
These facilities however do have the option of applying for an individual permit. If
the permit is issued, the groundwater standards would apply at the "compliance
boundary" as specified in 2L .0107(b) and the facility would then have available the
same waste attenuation zone as all other facilities individually permitted under the 2H
.0200 rules.
If there is a need for any additional information or clarification, please do not hesitate to
contact me at 919n33-7015, extension 203.
cc: Regional Water Quality Supervisors
Regional Groundwater Supervisors

TELEPHONE LOG
DATE: 10/18/95
TIME: 2:30
DEN STAFF: MICHAEL WICKER
PERSON TALKED TO: JAMES COCHRAN ROBESON COUNTY EXTENSION
OFFICE
TELEPHONE: [phone]
SUBJECT: OXEDINE PORK FARM
LOCATION/COUNTY: ROBESON COUNTY
WE DISCUSSED OXEDINE FARM SITUATION.
COUNTY EXTENSION SUGGESTED SPRAY ON OTHER SITE. LAST SPRAYED ON
SMALL FIELD NEAR HOMES IN JULY.
COUNTY EXTENSION OFFICE IS TO MEET WITH OXEDINE NEXT MONDAY.
DR. HUFFMAN MAY BE COMING TO THE SITE ON OCT. 30, 31 1995.
MENTIONED LANDFILL NEARBY AND DESERT BAY FARMING AND WHETHER THESE
HAVE EFFECT.
EXTENSION HAS NITRATE SCREENING TESTS. MAY DO TESTS OF OTHER WELLS
IN THE AREA.
EXTENSION AGENT HAS LOOKED AT HISTORICAL RECORDS. BUILT IN 1981 AND
1985. RECORDS DID NOT INDICATE WATER IN LAGOONS. AGENTS AND
OXEDINE BELIEVE THEY WERE DRY.
COUNTY EXTENSION OFFICE HAS LAGOON SAMPLES AND SOIL SAMPLES.
I SUGGESTED THAT DEN WOULD SEND OXEDINE A LETTER WITH MINIMUM
INSTRUCTIONS FOR THE NEXT STEPS AND FOR COUNTY EXTENSION TO CALL US
AFTER THEIR PRELIMINARY REVIEW IS COMPLETE.
CC: TOMMY STEVENS
JIM BALES
RICKY REVELS
JOHN HOOKS