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HomeMy WebLinkAbout780063_ENFORCEMENT_20171231NUH I H UAHULINA Department of Environmental Qual PIMA oo NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor 8 September 2014 CERTIFIED MAIL 7010 3090 00013216 4090 RETURN RECEIPT REQUESTED Mr. Curtis Oxendine 151 Mayberry Drive Shannon, NC 28386 Dear Mr. Oxendine, John E. Skvarla, III Secretary I had called and made an appointment to inspect your farm on Tuesday, September 2, but no one was present to show me the records for review. Either the owner or Operator In Charge must be present for the inspection of the facility, which includes records review. The required records include daily rainfall, weekly lagoon levels, hog numbers and pumping events. I also need to see your Certificate of Compliance, and any other documents I deem pertinent for the last three years. Failure to provide the records and access for inspections are both non-compliance issues which may result in NOV and/or civil penalty enforcement. It is irrelevant that the farm has been depopulated with respect to inspections and records. I made several efforts to inspect your farm in 2013, but could never get a response to messages left. After we finally got an appointment in March, your brother died and I understand about that. Since I had visited the farm for a physical inspection of the premises, I was OK to give you a pass for once. It is possible to have the Sludge Survey, pumping records and even your permit fee waived, since you have had no hogs in four years. And because of that, you cannot bring hogs back without meeting the current regulations regarding swine waste, which are much more stringent than your current facility. Until such time as the farm is formally closed and the lagoon converted to a fresh water pond or filled in, the farm must have a yearly inspection, including all records. Please give me a call to set up a time to visit your farm to resolve these issues, without having to resort to enforcement and monetary penalties. SiinnfceJr'elly, /J Bill Dunlap Environmental Specialist Division of Water Resources Animal Feeding Operations 910-433-3334 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Intemet: www.nodenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED CURTIS OxENDNE 149 MAYBERRY DRIVE SHANNON NC 28386 Dear Curtis Oxendine: I T WA 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 23, 2001 MAY 3 0 2001 DWQ Subject: Notice of Violation and Revocation for Nonpayment Oxendine Pork Farm Permit Number: AWS780063 Robeson County In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 211112000. Your annual permit fee for the period of 2/11/2001 - 2/10/2002 is $150.00. Your payment was due 4/14/2001. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. S'MC ely, Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville Regional Office Robeson County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper 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, W. Oxendine was issued a Notice of Violation by the Fayetteville Regional Office Groundwater Section for Groundwater Nitrate Violations. 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. GDlbs o --7o r K I -V:or L-UF-1Mr-MILJFr "UU�&r1- HUIH. E Jacobs Engineers & Surveyo Don D. Jacobs, P.Lt R.LS. Engineering & Land Surveying Aark Building, 2nd Street Pembroke, N.C. 28372 phone (910) $21-2460 past -Ir Fax Note To S ✓ w CoJRBP�Q � ft . Q Phoma N Fax s e f0 - Environmental, Sanitary, and Civil Engineering, d� May 30 1996 Mr. Kerr 1'. Stevens, Regional Stevens N.C. Dept. of Environment, Health & Natural Resources Fayetteville Regional Office Wachovia. iiuilding, Suite 714 F'syetteville, North Carolina 29301-5043 SUbJFCTc Groundwater Assessment Oxendine Park Farm Shannon, Robeson County, NC Dear Mr. Stevenss P. @1 7671 D8G (J/?6 7'A.--, b S . -1s 00 .S,g60 NAY 3 06 ENV. MANAGEMENT FAYEi DMIE REG. OFF" Surveying We have been engaged to respond to your April 24, 14396 letter to Mr. Curtis Oxendine in regards to sub jact matter. We have established that there is some minor contamination in and around the site and the general direction of the plume is t4 the Southwest from the lagoons. The lagoons were design�d and constructed under the approval and supervision of the RSCS, under existing standards at the time. Due to the sandy nature of the site soils it in understandable that there may be some underground migration. We propose to install approximately four(4) more wells on adjoining property to the Southweat to establish the extent of1migration by July 31, 1996 in conjunction with property owner, your Department and the County approval. I We will forward detailed information subsequent to these additional tests. ! Should you have any questions, please advise. Sincerely, Don D. Jaaabe, P.E., R.L.S. cco Mr. Curtis' Oxendine State of North Carolina Department of Environment, MDiviHealth and Natural Resources sionDon of Environrnentai Management A& ink James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N F=?L A. Preston Howard, Jr., P.E., Director October 12,1995 CERTIFIED MAIL Mr. Curtis Oxendiw RFD 1 Shannon, NC 28386 SUBJECT: Notice of Vwlafim Exaeedance of Groundwater Quality Standards Oxendine's Pork Farm Hog Waste Facilities Robeson County Dear Mr. Oxendine: Chapter 143, Article 21, of the North Carolina General Statutes, directs the Environmental Management Commission of the Department of Environment, Health and Natural Resources to protect and preserve the water and air resources for the State. The Division of Environmental Management (Division) has been charged with the duty and authority to enforce adopted pollution control rules and regulations. Based upon an investigation by the Fayetteville Regional Office staff of the Division of Environmental Management which included the sampling of residential wells in the farm area, installation of monitoring wells and a determination of the direction of groundwater flow, the Division believes that you are in violation of the North Carolina Administrative rules related to Groundwaters of the state. The rules found in 15A NCAC 2L .0202(c) states that "substances which are not naturally occurring and for which no standard is specified shall not be permitted in detectable concentrations in Class GA or Class GSA groundwaters". The groundwaters underlying your farm and -the surrounding properties are classified as GA groundwater and ammonia nitrogen and nitrate/nitrite have been detected during our investigation, and therefore we. conclude that a violation has occurred and we believe it emanates from your farm activity. Under existing EMC rules your farm (agricultural operation) is a facility which has been "Deemed Permitted" by the Commission. As a "deemed permitted" facility it is your responsibility to comply with the state rules related to Groundwater which include protection of the Groundwater from contaminates in excess of the standards. Title 15A NCAC 2L .0106(b) requires 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. P.O. Box 29535, Rdelgh, North Cavin 27626 -MW Telephone 9]9-733-7015 FAX 919-733-2496 An Equal Opportudly Affirmative Action Employer K% recycled/ 10% post-corprrner paper Mc. Curtis Oxendine Page Two October 12,1995 We believe the animal operation including the storage and application of waste to the land surface has resulted in some of those waste reaching the underlying grounds in contravention of the state's standards. Further we wish to advise you that a process exists whereby you may seek a nondischarge permit which could provide greater operational flexibility related to future management of the farm's animal waste. This permit issued under the authority vested in 15A NCAC 2H .0200 rules of the EMC could provide for a pre -determining compliance boundary which you may find beneficial to your operations. We encourage you to investigate all of your options related to this issue and we will be happy to discuss them with you. You are requested to submit a written response to this Notice within ten (10) days of its receipt, indicating your intentions to comply or reasons why you cannot or will not comply with the request and the above mentioned "Rules". Failure to comply with the above mentioned "Rules" 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. Should you have any questions, please contact me or Mr. Tun Bales, L.G. at (910) 486- 1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/dbp a Arthur Moube ry State of North Carolina Department of Environment, Health and Natural Resources 4 • fteejA Division of Environmental Management James B. Hunt, Jr., Governor OL Jonathan B. Howes, Secretary E H N A. Preston Howard, Jr., P.E., Director October 12, 1995 Mr. Curtis Oxendine RFD 1 Shannon, NC 28386 SUBJECT: Notice of Violation Exceedance of Groundwater Quality Standards Oxendme's Pork Farm Hog Waste Facilities Robeson County Dear Mr. Oxendine: Chapter 143, Article 21, of the North Carolina General Statutes, directs the Environmental Management Commission of the Department of Environment, Health and Natural Resources to protect and preserve the water and air resources for the State. The Division of Environmental Management (Division) has been charged with the duty and authority to enforce adopted pollution control rules and regulations. Based upon an investigation by the Fayetteville Regional Office staff of the Division of Environmental Management which included the sampling of residential wells in the farm area, installation of monitoring wells and a determination of the direction of groundwater flow, the Division believes that you are in violation of the North Carolina Administrative rules related to Groundwaters of the state. The rules found in 15A NCAC 2L .0202(c) states that "substances which are not naturally occurring and for which no standard is specified shall not be permitted in detectable concentrations in Class GA or Class GSA groundwaters". The groundwaters underlying your farm and the surrounding properties are classified as GA groundwater and ammonia nitrogen and nitrate/nitrite have been detected during our investigation, and therefore we conclude that a violation has occurred and we believe it emanates from your farm activity. Under existing EMC rules your farm (agricultural operation) is a facility which has been "Deemed Permitted" by the Commission. As a "deemed permitted" facility it is your responsibility to comply with the state rules related to Groundwater which include protection of the Groundwater from contaminates in excess of the standards. Title 15A NCAC 2L .0106(b) requires 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. P.O. Box 29535. Weigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 1 Ml. Curtis Oxendme Page Two October 12,1995 We believe the animal operation including the storage and application of .waste to the land surface has resulted in some of those waste reaching the underlying grounds in contravention of the state's standards. Further we wish to advise you that a process exists whereby you may sem a nondischarge permit which could provide greater operational flexibility related to future management of the farm's animal waste. This permit issued under the authority vested in 15A NCAC 2H .0200 rules of the EMC could provide for a pre -determining compliance boundary which you may find beneficial to your operations. We encourage you to investigate all of your options related to this issue and we will be happy to discuss them with you. You are requested to submit a written response to this Notice within ten (10) days of its receipt, indicating your intentions to comply or reasons why you cannot or will not comply with the request and the above mentioned "Rules". Failure to comply with the above mentioned "Rules" 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. Should you have any questions, please contact me or Mr. Tim Bales, L.G. at (910) 486- 1541. Sincerely, Kerr T. Stevens Regional Supervisor KTS/dbp oc: Arthur Mouberry 78-51 Robeson oboson Bdxey Charles St. Pauls NO SR 1835 and 1 mile East of Us 301. 738.9188 70-53 7 a-4 7 Robeson Ten Bridges Hog Farm Taylor Wade Falmtonl NC From Fairmont gohwy. 418, to Jae, 829.9277 78-55 Robeson Lewis Larry 78-64 Robeson 904 right on 904 approx. 4 miles to Vendrick Jerry 1174 and 114 m1le on the Ian. (Shaw MIR Road) 1 and 112 miles Pambmke NC On Hwy. 710 and SR 1350. White Pond Rd. E. turn right .4 mile 544 Shannon NC SR 1008 Rennott 843-5388 500 Lumberton NC 7 males from Lumberton on Hwy. 211 on right. 500 —7 8-4 8 Robeson Evans Horace Fairmont NO 10 miles South of Falmtord on Mwy, 828-8621 100 the fart Is an the right. past Chevy Dealer St. Pauls NO SR 2104 (71h St, Rd.) go a meas 41," 400 78-49 Robeson Pineland Farms McCatlum Martel Rowland NC 1 rile SW. Rowland NC on RR 1137. 422-3711 St. Pauls NO: 70-50 Robeson BrIxey Charles SI. Paula NO SR 1663 and 2 miles North of SR 738-9188 SR 1759 and 1757. Wast o1 Lumberton oft of 211 to 1001 to 1955 (Formerly known as R.E. 1758 to 1757 --Back In the woods tum Li, at red gate. Parnell Farm.). 78-51 Robeson BrIxey Forms BrIxey Charles 78-52 Robeson McLean John 70-53 Robeson Locklear Anthony 78-54 Robeson J -Ham Famts Bums Andrew 78-55 Robeson Lewis Larry ?a—se Robeson Brbrey Farts Vandrick Ronnie 76-57 Robeson BrIxey Fame Vandrick Ronnie 70-58 Robeson Bdxey Farms Curbrath Ann 70-50 Robeson OxendinePork Farm Humphrey Douglas 78-60 Robeson McCarthy Farms McCarthy Dennis 78-01 Robeson 220720417 Johnson Mack 78-62 Robeson McCormick's Ina McCormick William 78-83 Robeson OxendinePork Farm Oxendine Curtis 78-64 Robeson JERRY VENDRICK Vendrick Jerry bif1W1 Operation capacity Tin 1200 Swine 1200 Swine 800 720 700 St. Pauls, N.C.. 3 miles W. of 1.95 on North side of 738-9188 700 Maxton NC 2 miles East of Midway {between 521-0481 624 Maxton and Raw landl where Sol and Lumberton NO Lovett Rd. 2204. Four miles South 739-2713 130 fork. From 130 take Mlday Rd. Swine of Lumberton. and 2 miles East to 2nd crossroad Sl. Pauls NO and tum len on ML Martell Rd. SR 885-4607' 130 Swine 1174 and 114 m1le on the Ian. (Shaw MIR Road) 1 and 112 miles Pambmke NC On Hwy. 710 and SR 1350. 521-0708 544 Shannon NC SR 1008 Rennott 843-5388 500 Lumberton NC 7 males from Lumberton on Hwy. 211 739-1113 500 to Bladenboro to service road 2100 and tum At. and go 0.33 miles and Fury. 41 east of Lumberton 2.9 ml. 739-6602 100 the fart Is an the right. past Chevy Dealer St. Pauls NO SR 2104 (71h St, Rd.) go a meas 738-9288 400 East o1 Lumberton. St. Pauls, N.C. 738-9188 400 St. Pauls NO: SR 1997 and 1 mile west of NC 41. 738-9188 300 Lumberton NC In the Comer of the Intersection of 200 SR 1759 and 1757. Wast o1 Lumberton oft of 211 to 1001 to 1758 to 1757 --Back In the woods tum Li, at red gate. Swine Swine Dairy Swine Swine" Swine Swine Swine Swine Swine Swine Swine Lumberton NO 3 miles W. of 1.95 on North side of 739-6384 175 Swine Hwy. 74. Lumberton NO Lovett Rd. 2204. Four miles South 739-2713 150 Swine of Lumberton. Sl. Pauls NO SR 1990(Oakland Rd.) --SR 1907 885-4607' 130 Swine (Shaw MIR Road) 1 and 112 miles from SI. Pauts NC. Shannon NO Located one Mlle north of Cross 843-5570 100 Swine Road 1310 M 1001 on west side. Lumberton NO Fury. 41 east of Lumberton 2.9 ml. 739-6602 100 Swine past Chevy Dealer W View Ask Report Create Modify Image Forms Tools Scripts Exit =[•] Standard Form 1t]==� Er -comp # 536 ,. • ACTIVITY: COMPLAINT -HOG OPERATION'`• �f DATE/TIME RECEIVED: 5/26/95 LOCATION: 1001 SHANNON RD/MCLEAN.'RD RENNERT DESERT: fir' ASSIGNED TO: RR DATE ASSIGNED: 5/26/95 DATE COMPLETED: 6/12/95` COMMENTS: CURT OXEDINE FARM/OTHELA LOCKLEAR/WELL •. lri :: • •:: Yri: ah :•}fir}:• +F -{:► 536 of 574'_ <'�'<�.=vim=�� ::C4:rs {{ ,, `r.�•: _,r. _: rrr.•r:: rv: r::: }'.vi`f{;'::{[t: }r; y.•}}.•s •A :v.vs.. ..a, L..7_tv}rfr.•r: rvr......•.:•._,.:.vr..rrr. F1 Help F7 Table Ctrl--PgUp Prev Ctrl-PgDn Next ,., A1t=F9 CoEditr:r::.:-:rNia n ~~ 10/03/45 Standard Report Page 2 DATR RECEIVED DATR COMPLETED TYPE PROM NAME APP.NO. ' 10/24/90 10/24/90 HON -DIS. WEST POINT PEPPERELL IM004300 10/29/40 3/15/91 NPDES CAPE FEAR SAND & GRAVEL SCO065960 10/30/90 IDJ31/90 A-95 :0114ATERAP R N/A,,. 10/30/90 10/31/90 A-95 GIBSON 32 UNIT APT. N/A 10/30/90 10/31/90 A-95 CLIIPPON-G014I. FACILITY N/A 10/30/90 10/31/90 A-95 BL09 CO. -NATER SYSTEM N/A 10/30/90 10/31/90 A-95 CLEARING G.COHARiR CK. N/A 11/1/90 11/13/90 A-95 NC 210 -SPRING LAKE N/A 11/1/90 I1/13/90 A-95 NATER/SEM-POLKTON N/A 11/7/90 11/21/90 NON -DIS. SOLID WASTE SITE MOORS CO WQ0004399 11/7/90 11/28/90 NON -DIS. FW2OVE SCHOOL-ROBESON WQ0004246 11/7/90 11/15/90 P-4 E-1'OWIi-TATER COVE M. WQ0004345 11/7/90 11/15/90 P-4 PIHEHURS'T 17 -MM CO. W00004349 II/7/90 11/15/90 P-4 PINEHURST -PUMP STA. W90004350 11/7/90 11/15/90 P-4 WHITE LAKE -CAROLINA BAY WQODOI875 11/7/90 11/15/90 P-4 THE COVE-SEWERS-49iI0j.CO. WQ0004348 11/9/90 :• .11/15/90 =P-4 EDWARDS�ST.- LUMBEMNO WQ0004366 11/9/90 3/5/91 NON-DIS.RE GREEN GIANT/AIIEN CANNING K0004268 11/9/90 11/I5/9O NON -DIS. MOORS CO. -ALS FACILITY K0004283 11/14/90 12/12/90 SOC -MOD. CROFT ULU,INC. WQ 89-01m 11/15/90 11/15/90 P-4 BOB SHORES -SEWERS VQ0004334 11/15/90 IV15/90 CERT. SMITHFIELD FOODS N/A 11/15/90 11/26/90 A-95 ANSON CO. WATER PLANT N/A 11/19/90 11/26/90 P-4 LUMBERTON SEWER IMPROVE. VQ0004393 11/19/90 11/26/90 P-4 CLARKTON-SEWERS 1WO04385 11/26/90 11/27/90 401 CO. DOT 06 401-CUMBERIAND CO. 11/29/90 12/3/90 P-4 TOWN OF ELLBRBR-SEWERS WQ0004418 11/30/90 12/11/90 NPDES-MOD. HAMILTON BEACH/PROCTOR SI KC0002194 12/4/90 1/5/91 401 CERT. PERRY PROPERTY -WHITE LAKE N/A 12/4/90 12/20/90 401 CERT. PETERSON PROPERTY-SAMPSOH M/A 12/5/90 12/6/90 P-4 TOWN OF ERIN -Sow WQ0004455 12/5/90 12/6/90 P-4 TOWN OF BLADEtiBORO W00004459 12/7/90 1/22/91 NPDES-REN. DOONT-BLADEN CO. NC0003573 12/7/90 12/17/90 NPDES-REN. COGENTRIY-BIADEN CO. NCO058297 12/10/90 1/31/91 NON -DIS. UWHARRIE PT. -MONTGOMERY C VQ0004479 12/10/90 12/17/90 A-95 PWC WATER SYSTEM EIPAN. M/A 12/11/90 12/11/90 MISC.CERT. SMITHFIELD FOODS-E.A. N/A 12/11/90 3/5/91 NPDES-REN. LAURINBURG WATER PIANT IC0036773 12/11/90 12/12/90 P-4 PWC -CROSS CK. -SEWERS WQ0004481 12/11/90 12/14/90 P-4 MOORE CO.-DOXEY FURNITURE WQD004473 12/14/90 1/2/91 NON-DIS.RE KIPLING SAND & GRAVEL WQ0004496 12/17/90 12/27/91 A-95 CBDG ABERDEEN N/A 12/17/90 12/27/91 A-95 RECHEATIOM-SCOTLAND CO. N/A 12/20/90 1/7/91 P-4 NEWTON GiN)VE-SEWERS W%004515 12/20/90 1/7/91 P-4 CLINTON-SEWERS iVO04511 12/20/90 3/15/41 MPDES-REM. DOT -SII RUNS REST AREA NCO024791 12/27/9D 3/20/91 NON -DIS. PERDUE FARMS-CAIIDOR HATCH WQ0004522 12/27/90 1/2/91 A/C MENTON GROVE-WWTP AC0072877 12/27/90 12/28/90 A-95 ERWIN AM. N/A 12/27/90 12/28/90 A-95 SOUTHERN Pim M/A 12/27/90 12/30/90 A-95 TROY REVITALISATION N/A State of North Carolina I,, Department of .Environment, LTN?FA Health and Natural Resources « • • Fayetteville Regional Office James B. Hunt, Jr., Governor p E H N F=1Jonathan B. Howes, Secretary Andrew McCall, Regional Manager DIVISION OF ffiNIRONMENTAL MANAGEMENT June 20, 1995 Mr. Curtis L. Oxendine Route 1, Box 125 C Shannon, NG 28386 SUBJECT. Compliance -Inspection Oxendine Pork Farm NCSR-1318 Robeson County Dear Mr. oxendine: On Tuesday, May 31, 1995, an inspection of your animal operation was performed by the Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance Inspection Report for your information.. It is the opinion of this office that this facility is in compliance with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly performed. Sholsld you have any questions regarding this matter, feel free to contact me at (9i0) 486-1541. Sincerely, Ricky vels Environmental Technician IV Enclosure CC: Facility Compliance Group F R,J Wachovia kilding. Suite 714, Fayetteville. North Carolina 28301-5043 Telephone 910-486.1541 FAX 410-486-0707 An Equal Oppork"ty Affirmative Action Employer 50% recycled/ 10% post-corm.finer paper A NORTH CAROLINA DEPARTMENT OF ENVIRONMXNT, HEALTH & NATURAL RESOURCES DIVISION OF ENVIROIDENTAL MUMM MINT Fayetteville Regional Office Animal operation Compliance Inspection Form . FARM ;NANBYOiPNER ::i...... INSPECTION :DATE FARM NUi�BR Oxendine Pork Farm May 31, 1995 N/A Curtis Oxendine lLiNG `S *ACILITlt ADDRES. TELEPHONE NUMBER:. Rte 1, Box 125C Shannon, NC 28386 (910) 043-5570 All questions answered negatively will be discussed in sufficient detail in the Comments Section to enable the deemed Permittee to perform the appropriate corrections: SECTION I Animal OperationIye: Horses, cattle, swine, poultry, or sheep SECTION 11 1. Does the number and type of animal meet or exceed the (.0217),criteria? [Cattle (1W head), horses (75), swine (250), sheep (1,000), and poultry (30,000 birds with liquid waste' system)) 2. Does this facility meet criteria for Animal Operation REGISTRATION? 3. Are animals confined fed or maintained in this facility for a 12 -month period? 4. Does this facility have a CERTIFIED ANIMAL BASTE MANAGER= PLAN? S. Does this facility maintain waste management records (volumes of manure, land applied, spray irrigated on specific acreage with specific cover crop)? 6. Does this facility meet the SCS minimum setback criteria for neighboring houses, wells, etc? I� ©o 00M ME= SECTION „III Field Site Manacrement 1. Is animal waste stockpiled or lagoon construction within 100 ft. of a USGS Map Blue Line Stream? 2. Is animal waste land applied or spray irrigated within 25 ft. of a USGS Map Blue Line Stream? 3. Does this facility have adequate acreage on which to apply the waste? 4. Does the land application site have a cover crop in accordance with the CERTIFICATION PLAN? 5, Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? 6. Does the animal waste management at this farm adhere to Best Management Practices (BMP) of the approved CERTIFICATION? 7. Does animal waste lagoon have sufficient freeboard? How much? (Approximately 6 - 7 ft S. Is the general condi.iorc of this CAFO facility, including management and operation, satisfactory? SE_GTION iV Comments Y N I COMMENTS X X X X X N/A X Section II No.s 4, 5, & 6 - The Oxendine Pork Farm is an existing non -expanding operation, that is required to obtain a certified animal waste management plan by December 31, 1997. Section III No. 3 - This facility is required to address acreage needs through the required waste certification process by December 1997. Section III No. 4 - This facility is presently land appling wastewater an 4 acres of corn and 2 acres of pasture. OPFRRT I ONS H6NCH - WO Fax : 919-715-6048 Aug 9 196 12 * 5.5 N. Ull U3 N0ll'g93 REgISTRATION FORM FOR ANIM:.Z EEDLOT OPERATIONS Department of Environment, Health and Natural Resource 1 '`JO: Division of Environmental Managementt'r, Water Quality Section If the animal waste management systen for your feedlot operation is designed to serve more than 'or equal to 100 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid Waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.021.7 (c) .in order to be deemed permitted by DEM. Please print clearly. Mailing Add= Cou Owner(s) Nam Manager(s) N Lessee Name: Farm Location (Be as specific a, _p9ssible: rg6ad nam s, d' :action, milepost, etc. } : I • _j'L�__A1;; � I L,_ p r _ GltVxf �1_?,4 � Latitude/Longitude if known: Design capacity of animal waste management system (N of, copfined animal (s)) : 91�re_&s EA Average ani:^_ 1 raised) : le OD mb,?X and type c;.,;lztron on t,- '—r- types uZ aTs;&idl Ls) Year Production Began: -- ASCS Tract No.: Type of Waste Management System Used: j01VDfL1_ 0"4CAD 5W 1N FcxS_ la-4Lt6A T'ro Acres Available for Land Application of was - O S i Owner (s) Signature (S) : ' DATE! I1 •a.� ' .� DATE: W-63 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI) Fur Lob Use ONLY- - NLYCOUNTY COUNTY'be s -a N - __ PRIORITY SAMPLE TYPE I 1-06 /100m1 5 Colllorm: MF Total 31504 /100ml RIVER BASIN ❑AMBIENT ❑ j ❑STREAM ❑ i REPORT TO: AR RO RRO WaRO WIRO WSRO TS QA I �,�1F� AT BM ❑CHAIN ❑LAKE ❑ oL inti J�� Other COMPLIANCE OF CUSTODY 1 {d �-'J, ti d Shipped by; Bu purl tail, ther EMERGENCY ❑ESTUARY h� COLLECTOR(S): . AwEls 1 u-, f G STATION LOCATION: e- / B r, p Estimated 800 Range: 0-5/5-25/25-65/40-130 or 100 plus ^ _'j �Q� Y�Q--g f �^ Seed: Yae ❑ No Chlorinated: Yes❑ No❑ REMARKS:__[_IINPrg%Al-N'lr�S�L}4T►O r✓ _ - Station # Date Begin (yy/mm/dd) Time Begin I Date End Time End Depth DM DB DBM Value Type Composite Sample Type S as 3 r' 1125 A H L T S B I c ® GNxx I BODS 310 mg/1 2 COD High 340 mg/l 3 COD Low 335 mg/I 4 Colllorm: MF Fecal 31616 /100m1 5 Colllorm: MF Total 31504 /100ml 6 Coilform: Tube Fecal 31615 /Iooml 7 Coliform: Fecal Strap 31673 /100ml B Residue: Total 500 mg/1 J— Volatile 505 mg/1 Chloride 940 mg/1 Chi a: TO 32217 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/1 13 Fixed 540 mg/1 14 PH 403 units 15 Acidity to pH 4.5 436 mg/l 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/1 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 mg/1 Chi a: TO 32217 USA Chi a: Corr 32209 ug/1 Pheophytin a $2213 ug/1 Color: True 80 Pt -Co Coiar:(pH J 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluorite 951 mg/I Formaldehyde 71.880 mg/1 Grease and Oils 556 mg/l Hardness Total 900 mg/1 Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/1 Phenols 32730 USA Sulfate 945 mgA Sulfide 745 mg/I Ca-Calclum 916 mgA Co -Cobalt 1037 ug/1 Fe -Iron 1045 USA NH3 as N 610 O Q mg/I TKN as N 625 mg/1 NO2 plus NO3 as N 630 s mg/l P: Total as P 665 D D O mg/i PO4 eke P 70507 mgA P. Dissolved as P 666 mg/I Hg -Mercury 71900 USA Cd -Cadmium 1027 USA CrChromium:Total1034 ug/1 Cu -Copper 1042 ug/I NI -Nickel 1067 USA Pb -Lead 1051 USA Zn -Zinc 1092 ug/I Acid Extracts s Pur9cabI %Or g'd) Ag ilver 1077 USA AI -Aluminum 1105 USA Be -Beryllium 1012 ug/1 Ca-Calclum 916 mgA Co -Cobalt 1037 ug/1 Fe -Iron 1045 USA Li-Lithlum 1132 USA Mg -Magnesium 927 mg/I Mn -Manganese 1055 ug/I Na -Sodium 929 mg/l Arsenic -Total 1002 ug/l Se-Selenlum II47 ug/I Hg -Mercury 71900 USA Organochlorine Pesticides Organophosphorus Pesticides 94 10 300 1. Acid Herbicides 82244 431 82243 182242 20 Base/ Neutral Extractable Organics Salinity S Acid Extracts s Pur9cabI %Or g'd) Wind Direction (Deg) Stream Flow Severity non1 Wind Velocity MAH PAIV PI� ' . tll4AF4C f Sampling Point S Conductance at 25 C Water Temperature Ll D.O. m9A pH Alkalinity Acidity Air Temperature ICJ ,*18.3 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 1. 400 1• 82244 431 82243 182242 20 Salinity S Preeipition On/day) Cloud Cover l6 Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity MAH can Stream Depth It. Stream Width ft. 480 45 32 136 11351 1350 135 64 14 s IfMVIN,vlse'd to/H4 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMI) Vn 1 rh It.. nrul V Lab Number: �` J r� t�p 7 _ Date Received ~/ r Tlme Recd From: s Darier- and Dal DATA ENTRY BY: / �} Shipped by; Bus Ce Staff, Other DATE REPORTED- COLLECTOR(S)' . EPORTED:COLLECTOR(S). r4/r..[.,_S _ p r J / ! n Estimated BOD Ran s: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION- / %J V� (AJ t�� 1 �1 I/1 C L�U/ r /i��s/l 1313' _ Seed: Yes ❑ No El Chlorinated: Yes ❑ No ❑ REMARKS: L 04,,0 GiN Station # Date Begin (yy/mm/dd) Time Begin Date End Tima End pepth DM DB 11BM Value Type Composite Sample Ty 7S tJ 3 ��� A H L T S B C GNXX I BODS 310 /So60_Sa A 2 COD High 340 mg/1 3 COD Low 335 mg/l COUNTY /100.1 PRIORITY /100m1 SAMPLE TYPEUZ_ /looms RIVER BASIN 4S ❑AMBIENT ❑ ❑ ❑ REPORT TO; ARO O RO RRO WaRO WIRD WSRO TS Acidity to PH 4.5 436 QA STREAM EFFLUENT AT BM 171 ❑COMPLIANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT Other 19 TOC 680 mg/I 20 Turbidity 76 NTU Co -Cobalt 1037 1:1 EMERGENCY OF CUSTODY ❑ ESTUARY 1350 Vn 1 rh It.. nrul V Lab Number: �` J r� t�p 7 _ Date Received ~/ r Tlme Recd From: s Darier- and Dal DATA ENTRY BY: / �} Shipped by; Bus Ce Staff, Other DATE REPORTED- COLLECTOR(S)' . EPORTED:COLLECTOR(S). r4/r..[.,_S _ p r J / ! n Estimated BOD Ran s: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION- / %J V� (AJ t�� 1 �1 I/1 C L�U/ r /i��s/l 1313' _ Seed: Yes ❑ No El Chlorinated: Yes ❑ No ❑ REMARKS: L 04,,0 GiN Station # Date Begin (yy/mm/dd) Time Begin Date End Tima End pepth DM DB 11BM Value Type Composite Sample Ty 7S tJ 3 ��� A H L T S B C GNXX I BODS 310 mg/I 2 COD High 340 mg/1 3 COD Low 335 mg/l A COlilarm: MF Fecal 31616 /100.1 5 Colllorm: MF Total 31504 /100m1 G Colltarm: Tube Fecal 31615 /looms 7 Coliform: Fecal Strep 31673 /loom: 81 Residue: Total 500 mg/I 9 votatue ova mg/1 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/1 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to PH 4.5 436 mg/I 16 Acidity to pH 8.3 435 mg/1 171 Alkalinity to pH 8.3 415 mg/l 1S Alkalinity to pH 4.5 410 mg/l 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 m9/I Chl a; Tri 32217 ug/1 Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color:(pH ) 63 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/l Formaldehyde 71880 mg/[ Grease and Oils 556 mg/I Hardness Total 900 mg/1 Specific Cond. 95 2 uMhos/cm MEAS 38260 mgA Phenols 32730 ug/I Bullate 945 mSA Sulfide 745 mg/1 Ca-Calclum 916 m9A Co -Cobalt 1037 ug/t Fs -Iron 1045 u9/1 NH3 as N 610 /�� © VO mg/1 TKN as N 625 mg/1 x NO2 plus NO3 as N 630 s— mg/I P: Total as P 665 0 mg/I PO4 as P 70507 mg/1 P: Dissolved as P 666 mg/I Hg -Mercury 71900 ug/1 Cd -Cadmium 1027 ugA CrChromlum:Total1034 ugA Cu -Copper 1042 ug/1 NI -Nickel 1067 ug/1 Pb -Lead 1051 ug/1 Zn-Zlnc 1092 ug/I Precipition On/day) 13V 7b, Purgcab] o A ifver 1077 ug/I AI -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/I Ca-Calclum 916 m9A Co -Cobalt 1037 ug/t Fs -Iron 1045 u9/1 LI -Lithium 1132 ug/l Mg -Magnesium 927 mg/I Mn -Manganese 1055 ug/I Na -Sodium 929 mg/l Arsenic -Total 1002 ug/l Se -Selenium 1147 ug/I Hg -Mercury 71900 ug/1 Organochlorine Pesticides Organophosphorus Pesticides 94 10 300 . Acid Herbicides 82244 431 82243 182242 20 Base/ Neutral Extractable OTganic8 Acft Extractable Organics Precipition On/day) 13V 7b, Purgcab] o 'd) Stream Flow Severity Turbidity Severity Jill I I IV95 can Stream Depth It. Stream Width ft. Phytoplan 45 Sampling Point % Conductance at 25 C Water Temperature n, Q.O. mg/I pH Alkalinity Acidity pH 8.3 pil 4.5 pH 4.5 pH 8.3 2 94 10 300 . q00 . 82244 431 82243 182242 20 Salinity % Precipition On/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H[64 can Stream Depth It. Stream Width ft. 484 45 32 36 1351 1350 35 14 f DMI/Ravlsed ]0/E6 Air Tempera ate View Ask Report Create Modify Image Forms Tools Scripts Exit —[•] Standard Form [t]==jJ Er -comp # 535 • ACTIVITY: COMPLAINT -HOG OPERATION rK DATE/TIME RECEIVED: 5/26/95 4 LOCATION: 1001 SHANNON RD/MCLEAN RD RENNERT DESERT {{` ASSIGNED TO: RR DATE ASSIGNED: 5/26/95 DATE COMPLETED: dug -5S7C� COMMENTS: CURT OXEDINE FARM/OTHELA LOCKLEAR/WELL t o �� c n t ►� 5? � .� �7 W Q src I-- a V.. �E+Z �o \ 1�G Z j � ►��?c[Z Y y `t- \�\! � C eat Yy,v ctJq�Et? i. 1�� u � �..� . �� �r.. ���•-s . �-->� ��.� t o �\� a � \ t ��.���. coy -� . na C� rn^ CkFtr Cd 4Ec C+ '`r-'� �. r vat % �• \C0.�s y ��1\{y Ktc_ {'o O �r Lctl .,,- 535 of 535 -��+'�Alt-F9 .--->•-:::1:.:.:.... F1 Help F7 Table Ctrl PgUp Prev Ctr PgDn Next A main VA-, i 40 c -V–\ ---C..1 `{ SL•c_ �«, c9. dk�r.c1.�.� �c., s T, -I- ,- �- SN, " , C C A -o dots of b�,\� aor3s 1 8-, 7 - J 00 [i Microbac Laboratories, Inc. MICROBAC ENVIRONMENTAL LABORATORY 817 CASTLE HAYNE STREET FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) AIR • FUEL WATER • FOOD CERTIFICATE OF ANALYSIS CLIENT: NC DEM ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. Ricky Revels ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Ageno Locklear - ID #95WE52815 2. Lillis Locklaar - ID #95WF52816 3 4. NC #11 NC #37714 USDA #3787 • WASTES CERT #14057 DATE RECD: 05/31/95 SAMPLED: 05/31/95 SAMPLED BY: R. Revels DELIVERED BY: R. Revels SAMPLE CODE: Potable Water, Grab REFERENCE: Locklear Property DATA REVIEWED BY: DATE REPORTED: 06/01/95 +**++*+++++*+**+}++*+}+**}++++++++++++*}++}4}}+}4}++tit+++4-}+*44*}4}**}*4}++}}}+++}+++44}4 ANALYSIS METHOD 1 2 3 4 ,COLIFORM, FECAL (per 100 ml) COLIFORM, TOTAL (per 100 ml) COMKENTS: < = Less than SM16 909C SM16 909A > = Greater than PAGE 1 OF 1 <1 <1 <1 <1 The data and other Information contained on this, and other atmmpanybV docmmerrts, repro only the" P" (5) analyzo and is rendered upon the condition that it Is not to be reproduced wholly or in part for adverdsing or other purposes wWxnn written approval from the Laboratory, USDA -EPA -NIOSH Testing Food Sanitation Consulting Chemk:M and Microbiological Analyses and Research Site Requires immediate Attention: Facility No. WO 7 S - 6 3 DIVISION OF ENVIRONMEN'T'AL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 12- , 1945 Time: 1% : 3 v Farm NameJOwner: 4Xewd r u c_ Pork, 5r_c-vv,, / Oxe-,vd;" Mailing Address: R± i i� 12 5 C -Sh atiNo.,►- /V c Z 938(O _. County: P -O b cs a r.► Integrator: Phone: On Site Representative: Cess OXe cl;,vc- Phone: Ssi 3 -- SSS o Physical Address lA=tion:�l Cross Rd 1317 r ---d /ua/, 0..-^1 _ lowh_d o^/ Wes f 5i�c - - Type of Operation: Swine Poultry Cattle Design Capacity: Mg ' . Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: Longitude: 0 ' Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) e or No Actual Freeboard: L Ft. aInches Was any seepage observed from the lagoon(s)? Yes or43 Was any erosion observed? Yes ori Is adequate land available for spray? (1U)or No Is the cover crop adequate? ?6 or No Crop(s) being utilized: )Zo,,j C; - Par -&.-<- Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? ' es r No 100 Feet from Wells? es r No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? es oto Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or4g) Is animal waste discharged into water of the state by man-made ditch, flushing system, or other similar man-made devices? Yes ordV if Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes oRIP Additional Comments: -Owmcr ngu s i epIv fQ , N o N !2'4 reye d iaa s-& /Kuivas e- 9 -- --i jGN Ry-s-ov +ca -Sil, IrIJI K--..� Pr -v c- t S E 2�'� Inspector Name Signature 4 cr. Facility Assessment Unit Use Attachments if Needed. i- ko State of North Carolina Department of Environment. Health and Natural Resources ` • • Fayetteville Regional Office James B. Hunt, Jr., Governor p FE N P1Jonathan B. Howes, Secretary Andrew McCall, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT September 14, 1995 Oxendine Pork Farm ATTN: Mr. Curtis Oxendine Rt. 1, Box 125C Shannon, NC 28386 SUBJECT: Compliance Inspection Robeson County Dear Mr. Oxendine: On July 12, 1995, an inspection of your animal operation was performed by the Fayetteville Regional Office (FRO). Please find enclosed a copy of our Compliance Inspection Report for your information. It is the opinion of this office that this facility is in compliance with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly performed. Should you have any questions regarding this matter, feel free to contact me at (910) 486-1541. Sincerely, Ricky Revels Environmental Technician IV Enclosure cc: Facility Compliance Group Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Atfirmative Action Employer 50% recycled/ 10% post -consumer paper Pawn Fax Note 7671 [D"*OJJQ rA?-* DeN a Co. r& -Obs �s Jobs Engineers & Surveys Don D. Jacobs, P.E., R -LS. Engineering & Land SurveyingMAY $ - Aark Building, 2nd Street Pembroke, N.C. 28372' Phoac (910 521-2460 EW. MANAGEMENT FAYE7 MVUE REG. OFF" Environmental, Sanitary, and Civil Engineering, A Land Surveying may 3, 1996 Mr. Kerr T. Stevens, Regional Stevens H.C. Dept. of Environment, Health 9 Natural Resources Fayetteville Regional Office Wachovia building, Suite 714 Fayetteville, North Carolina 29301-5043 SUBJECTS Groundwater Assessment Oxendine Park Fars Shannon, Robeson County, NC Dear Mr. Stevenas We have been engaged to respond to your April 24, 1996 letter to Hr. Curtis Oxendine in regards to subject matter. I r We have eetablished that there, is some minor contamination in and around the site and the general direction of the plume is to the Southwest from the lagoons. The lagoons were desig+ and constructed under the approval and supervision of the RSCS, und&F existing standards at the time. Due to the sandy nature of the site soils it is understandable that there may be some underground migration. We propose to install approximately four(4) more welld an adjoining property to the Southwest to establish the extent of 1 migration by July 31, 1996 in conjunction with property owner, your Department and the County approval. We will forward detailed information subsequent to those additional tests. Should you have any questions, please advise. Sincerely, Cos Mr. Curtis Oxendine r� North Carolina ,i1 Cooperative Extension Service NORTH CAROLINA STATE UNIVERSM COLLEGE OF AGRICULTURE & LIFE SC[ENCES .!- ^ n rp Robeson County Centex, P. O. Boz 2280, Lumbatou, NC 29359-2290, (9 ' - i�76 de 9 December 18, 1995 DEC lg IM Mr. Kerr T. Stevens FAQ GEMENT Regional Supervisor REQ10FRCE• Division of Environmental Management Department of Environment, Health, and Natural Resources Wachovia Building, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Stevens: I an 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 (MRCS) 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. MRCS 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 MRCS 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, James E. Cochran Agricultural Extension Agent JEC/dp cc: Jim Bales Art Barnehart Ed Holland Curtis Oxendine State of North Carolina Department of Environment, Health and Natural Resources 4 • ` MWon of Environmental Management James B. Hunt, Jr., Governor ID E Jonathan B. Howes, Secretary FI A. Preston Howard, Jr., P.E., Director October 12,1995 Mr. Curtis Oaendine RFD 1 Shannon, NC 29386 SUBJECT: Notice of Violatiaa F.xceedance of Groundwater Quality Standards Oxendmes Pork Farm Hog Waste Facilities Robeson County Dear Mr. Oxendine: Chapter 143. Article 21, of the North Carolina General Statutes, directs the Environmental Management Commission of the Department of Environment, Health and Natural Resources to protect and preserve the water and air resources for the State. The Division of Environmental Management (Division) has been charged with the duty and authority to enforce adopted pollution control rules and regulations. Based upon an investigation by the Fayetteville Regional Office staff of the Division of Environmental Management which included the sampling of residential wells in the farm area, installation of monitoring wells and a determination of the direction of groundwater flow, the Division believes that you are in violation of the North Carolina Administrative rules related to Groundwaters of the state. The rules found in 15A NCAC 2L O202(c) states that "substances which are not naturally occurring and for which no standard is specified shall not be permitted in detectable concentrations in Class GA or Class GSA groundwaters". The groundwaters underlying your farm and the surrounding properties are classified as GA groundwater and ammonia nitrogen and nitrate/nitrite have been detected during our investiggation, and therefore we conclude that a violation has occurred and we believe it emanates from your farm activity. Under existing EMC rules your farm (agricultural operation) is a facility which has been 'Deemed Permitted" by the Commission. As a "deemed permitted" facility it U* our responsibility to comply with the state Hiles related to Groundwater which include protection of the Groundwater from contaminates in excess of the standards. Title 15A NCAC 2L .0106(b) requires 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. P.O. Boot 29536, Weigh. Nodh CCFOIW 27626-x635 Telephone 919.733-7015 FAX 919.7332496 M Equal Opporknity Affrma Ne Aclim &VI"w 609'. recycled/ 10L posl-cavurrwr paper Mr Oartis Chendine Cxptober 12.1995 We believe the animal operation including the storage and application of waste to the land surface has resulted in some of those waste reaching the underlying grounds in contravention of the state's standards. _ Further we wish to advise you that a process exists whereby you may seer a nondischarge permit which could provide greater operational flexibility related to future management of the farm's animal waste. This permit issued under the authority vested in 15A NCAC 2H .0200 Hiles of the EMC could provide for a pre -determining compliance boundary which you may find beneficial to your operations. We encourage you to investigate all of your options related to this issue and we will be happy to discuss them with you. You are requested to submit a written response to this Notice within icrr (10) days of its receipt. indicating your intentions to'comply or reasons why you cannot or will not comply with the request and the above mentioned "Rules". Failure to comply with the above mentioned Rules" 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 P6rmWed" status. Should you have any questions, please contact me or Mr. Tim Bales, L.G. at (910) 48& 1541. SiUMMely. Kerr T. Stevens Regional Supervisor KTWdbp a� Arthur Mouberry OPERATIONS BRANCH - WO Fax : 919-715--6048 Aug 9 '96 12:53 P. 02/03 •'gam / � .: ) RE ISTRATION FORM FO ANIM:',. FEEDLOT OPERATIONS�1r`y Department of Environment, Health and Natural Resource 1 ��;, CD Division of Environmental Management;:, �Q`� Water Quality section r£; G��' If the animal waste management system for your feedlot operation is designed to serve more than 'or equal to 100 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid waste system, then this form must. be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.021.7 (c) .in order to be deemed permitted by DEM. Please print clearly. .` f Farm Name: �d l ilk g -e Lf Mailing Address County Owner (s) Name: r- U Manager (s) Name Lessee Name: IV Farm Location (Be as specific milepost, etc.) : I - A i'L e A/, Latitude/Longitude if known: +sible: road nam s, d- action, G Design capacity of animal waste mane ement system (Num.I z and type of,copfined animal (s)) :rt�p Z�Q Ptera^e aai aTf 14tial,r. i t raised) O C �J) ' Year Production Began: ASCS Tract No.: Type of waste Management System Used:���Q�-£ 19 -9 -t6 -A Tran Acres Available for Land Application of was planer (s) Signature(s): - DATE DATE: -to3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Jaynes B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAUL RETURN RECEIPT REQUESTED Curtis Oxendine Oxendine Pork Farm Rt 1 Box 125-C Shannon NC 28386 Dear Curtis Oxendine: r•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVED`- FEB ECEIVED FEB 2 5 1998 FAYETTEVILLE REG. OFFICE Subject: Request for Status Update Certified Animal'Waste Management Plan Oxendine Pork Farm Facility Number: 78-63 Robeson County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6038 An Equal Opportunity Affirmative Action Employer 50% recycledl10% post -consumer paper i Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established in] 5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. 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. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your inunediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility' File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Boa 29535. Raleigh. North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/]0% post -consumer paper