240050_ENFORCEMENT_20171231

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NORTH CAROLI NA
Department of Environmental Quaff

jD
JUI. 2 1999
BY: •�`��
State of North Carolina REPLY TO: Francis W. Crawley
MICHAEL F. EASLEY Department of Justice Environmental Division
ATTORNEY GENERAL P. O. BOX 629 = [phone]
RALEIGH [phone]
27602-0629
July 23, 1999
Mr. Curly Oxendine CERTIFIED MAIL
Route 1, Box 357-C RETURN RECEIPT REQUESTED
Nakina, IBC 28453
RE: Order Continuing Request For Remission to September, 1999 Meeting,
DD 96-005
Dear Mr. Oxendine:
You will find enclosed the Order of the Chairman of the Environmental Management
Commission continuing your request for remisison of the civil penalty to the September, 1999
meeting of the Remission Committee. You will be notified of the date, time and location of the
meeting by letter mailed to your address as shown above.
Very truly yours,
Francis W. Crawle
Special Deputy Attorney General
Commission Counsel
FWC/ilb
Enclosure
cc: Shannon Langley
Jennie Odette
EP/34118
P

RECEIVED
STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF: }
}
Assessment of Civil Penalties }
Against )
CURLY OXENDINE )
JUL 2 31999
ENVIRONMENTAL MANAGEMENT
CQM}A.IKION
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
DD 96-005
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on July 8, 1999, upon recommendation of the Director of the Division of Water Quality for entry
of a final decision on the assessment of civil penalties and investigation costs against Curly
Oxendine in the amount of $3,353.12.
Curly Oxendine requested remission and submitted a signed Waiver of Right to an
Administrative Hearing and Stipulation of Facts as required by statute. At the March 13, 1997
meeting of the Civil Penalty Remission Committee, I remanded the request for remission to the
Director for further consideration.
Upon duly made motion and vote, the Committee on Civil Penalty Remissions postponed
consideration of the request for remission until the September, 1999 meeting to afford the
Committee time to review the record from the March, 1997 meeting.

%_.
N
THEREFORE, IT IS ORDERED that the Request for Remission of Civil Penalties by
Curly Oxendine is postponed until the September,1999 meeting of the Civil Penalty Remission Committee.
This the eday of July, 1999.
David W Moreau, Chairman
Environmental Management Commission

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the'foregoing ORDER on the parties
listed below by the methods indicated:
Mr: Curly Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
Rick Shiver
Regional Supervisor
Wilmington Regional Office
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405=3845
This thcE�day of July, 1999.
j
EM3924
CERTIFIED MAIL
RETURN RECEIPT
U.S. MAIL
MICHAEL F. EASLEY
Attorney General
cis W. Crawley '
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, North Carolina 27602-0629
[phone]

AGENDA ITEM: —l--�� Request for Remission of Civil Penalty by
Curly. Oxendine (DD 96-005)
Columbus Coupjy
EXPLANATION: On April 18, 1996, the Director, Division of Water
Quality assessed a civil penalty of $3,353.12
($3,000.00 civil penalty and $353.12 investigative
costs) against the Curly Oxendine for violations of
G. S. 143-215.1 and making an outlet to the waters
of the State without a permit. The civil penalty
assessment represents 30 percent of the maximum
allowed by G. S. 143-215.6A.
On August 1, 1996 Curly Oxendine requested
remission and waived Curly Oxendine's right to an
administrative hearing and stipulated that the facts
were as alleged in the assessment document. On
March 13, 1997, the EMC CCPR referred this
matter back to the Director for further consideration
and financial evaluation. On May 9, 1997 and
November 6, 1997, and June 12, 1998 DWQ staff
requested the necessary financial information from
Curly Oxendine. On September 1, 1998, the
financial information was received. On December 2,
1998, staff from the UST program reviewed Curly
Oxendine's financial information and concluded that
Curly Oxendine could pay the civil assessment. On
February 3, 1999, the Director again considered
Curley Oxendine's remission request and found no
grounds to modify the assessment.
RECOMMENDATION: The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
1. The Director has twice considered
information submitted in support Curly
Oxendine's request for remission of civil
penalties in accordance with G. S. 143-
215.6A(f) and his delegation provided by the
Secretary and did not find grounds to modify
the assessment.

State of North Carolina
Department of Environment, LT X.YTA
Health and Natural Resources A14
Division of Environmental Management
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary C:) F H N F1
-A. Preston'Kowald, Jr., P.E., Director
April 22, 1996
Cunley Oxendine
Route 1, Box 357-C t
Nakina, North Carolina 28453
SUBJECT: Assessment of Civil
Penalties for Violation(s) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. D$M.5=05p
Dear Mr. Oxendine:
This letter transmits notice of a civil penalty assessed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quaiiry Section Chief
Division of Environmental Management
P.O. Box 29535
RaIeigh, North Carolina 27626-0535
OR
OIL
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

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the '
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this -office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
Q82. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) , payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
P�

`N
Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in'this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
-If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
�- l
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Wilmington Regional Supervisor w/ attachments
`C,ornphanceJEnforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments
�A

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF COLUMBUS
File No. DD 96-05
IN THE MATTER OF }
CUNLEY OXENDINE )
FINDINGS AND DECISION
FOR VIOLATIONS OF PERMIT ) AND ASSESSMENT OF
15A NCAC 2H .0217 ) CIVII. PENALTIES
}
t �
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,1, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the
following:
i. FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On January 5th, 1996 and January 9th,1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. W. Curley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Cunley Oxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Simmons Bay Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Mr. Cunley Oxendine may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F . The State's enforcement costs in this matter may be assessed against Mr. Cunley
Oxendine pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G . The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Cunley Oxendine is hereby assessed a civil penalty of:
$ 3o 0 0. 010 for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217.
$ 3�a +� • TOTAL CIVIL PENALTY, which is _,3 _Q_ percent of the
maximum penalty authorized by G.S. 143-215.6A.
S 3 3 3• It Enforcement costs
$ 3 3 5 3. /-L TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Preston Howard, Jr., P.E., Director
Division of Environmental Management
R.

Updated Collection System Guidance
June 14 1999
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State of North Carolina
Department of Environment,
Health and Natural Resources 4 •
Division of Water Quality
James B. Hunt, Jr., Governor A±9�16
Jonathan B. Howes, Secretary C)C H I `NJ F1
A. Preston Howard, Jr., P.E., Director
July 25, 1996
Curley Oxendine
Route 1 Box 357-C
Nakina, NC 28453
Subject: Remission Request of
Civil Penalty Assessment
Curley Oxendine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
The Division of Water Quality is in receipt of your request for remission of civil penalties
assessed in the matter of the case noted above. However, your remission request was not
accompanied by a completed form waiving your right to an administrative hearing, which must be
received before your request may be processed. A waiver form was mailed to you on May 23,
1996. The Division has received no response. The Division has also attempted to contact you via
telephone on several occasions with no success. Please complete the attached waiver form and
return it to the attention of Mr. Shannon Langley at the letterhead address. Once the completed
waiver form has been received, the Division will be able to proceed with your remission request.
If we have not received this waiver form within 30 days of your receipt of this letter this matter will
be tumed over to the Attorney Generals Office for collection of the penalty.
If you have any questions, please call Shannon Langley at [phone], ext. 58 L
Sincerely,
, -/
Robert L. Sledge, Supervisor
Compliance Group
cc: Shannon Langley - Enforcement/Compliance
Dave Adkins - Wilmington Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626 O5535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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STATE OF NORTH CAROLINA
ENVIRONN04TAL MANAGEMENT
COMMISSION
COUNTY OF C01.11mBus ,
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. DD 96-05
Having been assessed civil penalties totalling 3— 3 5 3. 12 for
violation(s) as set forth in toe assessment document of the Director of the Division of Water Quality
dated, April 22, 1996 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the
31
day of July 1996
4r
el `SIGNATME
ADDRESS
2055 Eavi❑ T. Richardson Road
REUIVLD Nakina, NC 28455
AUG 1 1996
FM'j!(TIES ASSESSMENT UNIT
TELEPHONE
910 642-0670

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Bailey Excavating
Rt. 4, Box 347 E
WhIteville, NC 28472
[phone]
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State of North Carolina'
Department of Environment,
Health and Natural Resources NT&
Division of Water Qualityr
i
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 8, 1996
Certified Mail
Return Receipt Requested
t
Attn: Curley Oxendine
2055 Eavin T. Richardson Road
Nakina, NC 28455
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Oxendine Swine Farm
Columbus County
DD 96-05 -
Dear Mr. Oxendine:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not
found grounds to modify the assessment of $3,353,12,
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the Department
of Environment, Health, and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment of
the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
/I/
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

Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sinc ely,
A. Preston Howard, Jr
cc: DWQ Regional Office
M-aforcement file
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State of North Carolina
Department of Environment, 0
Health and Natural Resources A
• •
Division of Water Quality
I - -- W-9
James B. Hunt, Jr., Governor AdemmommidmV
Jonathan B. Howes, Secretary C) E H N F=?k
A. Preston Howard, Jr., P.E., Director
January 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Cuniey Oxedine
Rt. I Box 357 C
Nalana NC 28453
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N. C. G. S. 143-215.6A(f)
File No.Case DD 96-005
Dear Mr. Oxedine:
Your request for remission has been placed on the agenda for the February 13, 1997,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). You should arrive no later than 10:00 am.
The factors to be considered by the Committee on Civil Penalty Remissions are whether -
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongly applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions. -
1I
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

Page 2
January 31, 1997
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the alcove mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Robert L. Sledge, Supervisor of our Water Quality
Compliance Group, at [phone], ext. 233.
cc: DWQ Regional Office
Enforcement File
Sincerely,
'fwZ'aj
'-�6 A. Preston Howard, Jr., P.E.
/$

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State of North Carolina '7
Department of Environment, ffl:WVTA
Health and Natural Resources 4 • •
Division of Water Quality
James B. Hunt, Jr., Governor A± W�Ik
Jonathan B. Howes, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
March 3, 1997
• 1 c]
Curley Oxendine
Rt. 1 Box 357 C
Nakina, NC 28453
SUBJECT: Request for Remission of Civil Penalty
Oxendine Swine Farm
Pursuant to N. C. G. S. 143-215.6A(f)
File No. DD 96-005
Farm No. 24-050
Columbus County
Dear Mr. Oxendine:
Your request for remission has been placed on the agenda for the March 13, 1997,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). You should arrive no later than 11:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-2 82. 1 (b) were
wrongly applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions.
oW
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

Page 2
March 3, 1997
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated If you have any questions
concerning this matter, please call Robert L. Sledge, Supervisor of our Water Quality
Compliance Group, at [phone], ext. 233.
Sincerely,
/d.
A. Preston Howard, Jr., P.E.
cc: DWQ Regional Office
Enforcement File

o . SENDER:
ro .Cvnplale itw. 1 anWor 2 for addtOorW eervicrs. 1 also wish to receive the
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Curley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
Dear Mr. Oxendine:
1 � LrA�
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
,June 12, 1998
SUBJECT: Request for Financial
Information
File No. DD 96-005
Farm #: 24-050
Columbus County
On May 9, 1997, you were asked to provide to the Director of the Division of
Water Quality (DWQ) certain financial information to validate your claim of inability to
pay the civil assessment levied against you on April 18, 1996. To date no information
has been received. This office has made numerous attempts to reach you since that
time. Staff of the DWQ have been able to contact Mr. James Norris of the Columbus
County Cooperative Extension Service who has assured us that he has been in contact
with you and helped you fill out the necessary paperwork. This letter serves as final
notice that unless the information requested below is received by this office within 30
days of your receipt of this letter, your case will be rescheduled to be heard before the
Environmental Management Commissions Committee on Civil Penalty Remissions.
In making these decisions the Division of Water Quality requests that you
supply written financial information to substantiate your claim of inability to pay. It is
requested that the following information be submitted:
(a) Complete copies of state and federal personal income tax returns prepared
for the last three (3) tax years (including returns for all States in which an
income tax return was fled);
(b) Complete copy of the North Carolina Intangible Personal Property Tax
Return for the most recent year;
z3
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

(c) complete copies of all real and personal property tax records (including
records filed in all counties within North Carolina and other States);
(d) Complete the attached financial statement;
(e) itemization of insurance expenditures listed in Schedule C of the tax returns
required in item (a) above. The itemization of insurance expenditures shall
include, for each policy: a brief description of the type of coverage; name,
address and phone number of the insurance company or agent; and the
policy identification number; and
(f) Receipts for any work done to upgrade the site since you received the initial
Notice of Violation from the Division's Wilmington Office on October 23,
1995.
This information will be used to validate your claim of insufficient financial
reserves and your inability to pay the civil penalty assessed against you and properly
upgrade your farm. If the property concerning this remission request is owned by a
corporation or something other than by you personally, you need to contact our office
so that we may send you the appropriate forms.
Please submit the requested information within thirty (30) days from your
receipt of this letter. If you should have any questions about the financial information
requested, please contact Mr. Shannon Langley at [phone] ext. 581.
Sincerel ,
6
A. Preston Howard, Jr., P.E.
ATTACHMENT
cc: Rick Shiver - Regional Water Quality Supervisor
James Norris -Columbus Cooperative Extension Service
P.O. Box 569
Whitevtille, NC 28472
a�
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

INDIVIDUAL ABILITY TO PAY CLAM
Financial Data Request Form
This form requests information regarding your financial status. The data will be used to evaluate your ability to pay for
environmental clean-up or penalties. If there is not enough space for your answers, please use additional sheets of paper.
Note'that we may request further documentation of any of your responses. We welcome any other information you wish
to provide supporting your case, particularly if you feel your situation is not adequately described through the
information requested here.
Certification
Under penalties of perjury, I declare that this statement of assets, liabilities, and other information is true, correct, and
complete to the best of my knowiedgeta.nd belief. I further understand that I will be subject to prosecution by the
Environmental Protection Agency to the fullest extent possible under the law should I provide any information that is not
true, correct, and complete to the best of my knowledge.
Signature Date

1. MEMBERS OF HOUSEHOLD (List the head of the household and all persons living with you)
2. EN TLOYMENT (List all gobs h Id by persons in household)
E Length of i Annual
Name Employer j Employment: Salary
}
3. INCOME (List all income earned by persons in household. If members of the household other than the
applicant and spouse earn income, please itemize on separate page.
Gross (Pre -Tax) Period of Payment (check one)
:{ etirement Income I
Pension, Social Security, etc.)it
i!
i
hid Support
;Alimony
f { !
Uther Incame
!
;(please itemize)

PART II. CURRENT LIVING EXPENSES
Please list personal living expenses which were typical during the last year and indicate if any of these values are likely
to change significantly in the current year'. Please do not include business expenses. If you are the owner of an operating
business, please attach any available financial statements.
Period of Payment (check one)
Expense
Amount Weeldy, Monthly!
Quarterly ; ear v ; I
A. Living Expenses
1. Rent
2. Home maintenance
i
a
.-Auto fuel maintJother transp. I
l
{
4. Utilities
a. Fuel (gas,oil,woo ,propane)
b. ecmc
c. Water/se wer
j
-� Telephone
oo {
i
. Clothing, personal care j
7. Medical costs
13. Insurance
i f
Household insurance
- reinsurance
. Automobile insurance
4. Medical insurance
Debt Payments
1. Mortgage payments
2. Car payments
3. Credit card payments
i
4. Educational loan payments
I
I
5. Other (itemize on separate page if necessary);
I
j
D. Taxes
I
'
I. Property takes
2. Federal income taxes t
3. State income taxes
4. FICA
'E. Other Expenses
1.Childcare
2. Current School tuitio expenses
I
I I
3. LegW or proessional services
4. Othee (itemize on separate page if necessary)
97

PART M. NET WORTH
Please provide the following information to the best of your ability. Data should be as current as possible. Estimates are
acceptable. Please note such items with an "E."
If you are the sole proprietor of a business, please list business assets and liabilities, in addition to personal assets and
liabilities. Please mark these entries with a "B" to identify them as business assets and liabilities.
1. BANK ACCOUNTS (Checking, NOW, Savings, Money Market, CDs, etc.)
—Name of Bank or Cre id t Union i Type of Account Current Balance ,
r i
F
2. INVESTMENTS (Stocks, Bonds, Mutual Funds, Options, Futures, Real Estate
Investment Trusts (RETT), etc.)
Investment lNumber of Shares or Units Current Market Value
- � I
i
{
i
3. RETIREMENT FUNDS AND ACCOUNTS (IRA, 401(k), Keough, vested interest in
company retirement fund, etc.)
Description of Account jEstimated MarketValue'
- I
j
4
A8

4. LIFE INSURANCE POLICIES (Whole Life, Universal Life, etc.)
Policy Holder
Company Policy Value Cash Value j
IIIssuing,
•
I � j
f i i
5a. VEHICLES USED FOR COMMUTI1 iG PURPOSES (Cars, Trucks, Motorcycles, etc.
Only list up to two vehicles used for commuting purposes.)
ear
5b. OTHER VEHICLES (Cars, Trucks, Motorcycles, Recreational Vehicles, Motor Homes, Boats, Airplanes, etc.)
Model Year Estimated MarketValue;
b. VEHICLE LOANS (Cars, Trucks, Motorcycles, Recreation Vehicles, Motor Homes, Boats, Airplanes, etc.)
44 I Start; End ;
Vehicle (Model and Year) Owed To E BaIance Due i Date Date
i = i
1 I i 3
7a. REAL ESTATE — PRIMARY RESIDENCE (Home — List only one such residence)
a�

7b. OTHER REAL ESTATE (Land, Buildings, Land with Buildings)
L ovation I escription of Property 1 Estimated Mar-k-et-Va-lue 1.
8. MORTGAGES AND REAL-ESTATE LOANS
Type of Loan
Property Secured
Owed To I Against
Balance i Start
Due I Date
End
Date
9. PERSONAL PROPERTY (Household Goods and Furniture, Jewelry, Art, Antiques,
Collections, Precious Metals, etc. Only list items with a value greater than $500.00)
Type of Property Estimated N-4arket Value
10. FURNrrURE AND HOUSEHOLD GOODS LOANS
List Item
Owed To
Start End
Balance Due j Date Date
6
30

11. OTHER ASSETS
i E
I
S
12. CREDIT CARDS AND IXgES OF CREDIT
13. OTHER DEBT (Amounts due to individuals, Fixed obligations, Taxes Owed, Overdue Alimony or Child
Support, etc.)
Type of Debt Owed To E Balance Due
Start End
Date Date i
_
I
E j
i
f
I I E
! I I
7
31

PART IV. ADDITIONAL INFORMATION
Please respond to the following questions. For any question that you answer "yes," please provide additional information
on separate pages or at the bottom of this page.
QUESTIONI YES NO
1. Do you have any reason to believe that your financial situation will change during the next year?
2. Are you currently sefling or purchasing any reaf estate?
I
i 3. Is anyone (or any entity) holding real or personil property on your a (e.g. a trust).
j
4. Are you a parry to any pendinglawsuit?
5. Have any of your a ongu-gs been repossessed in theast three years.
S. Are Tou a Trustee, Executor, or Admuustrator?
7. Are you a participant or ene iciary of an estate or profit sharing plan.
8. Have you declared bankruptcy in— tTast seven years?
' 9. 15o you receive any type of e era aid or pu tic assistance .
j
8

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2. ❑ Restricted Delivery
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and the date
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consult postmaster for fee.
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PS Farm 3811, D66ember 1994
Domestic Retum Receipt
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a

State of North Carolina
Department of Environment, L7,K?FA
Health and Natural Resources 4 •
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E)EHH " Fl
A. Preston Howard, Jr., P.E., Director
May 9, 1997
Curley Oxendine
Route 1, Box 357-C t
Nakina, North Carolina 29453
SUBJECT: Request for Financial
Information
File No. DD 96-05
Farm #: 24-050
Columbus County
Dear Mr. Oxendine:
During the recent EMC Civil Penalty Remission Committee meeting, the Committee
requested that the Director review costs you would incur to bring your farm into
compliance with North Carolina's 15A NCAC 2H .0200 regulations. Further, the
Director is to consider the source of any and all funds used to remediate and upgrade
your farm in considering whether he will reduce the amount of the fine assessed against
you.
In making these decisions the Division of Water Quality requests that you supply written
financial information to substantiate your claim of inability to pay. It is requested that
the following information be submitted:
(a) Complete copies of state and federal personal income tax returns prepared for
the last three (3) tax years (including returns for all States in which an income
tax return was filed);
(b) Complete copy of the North Carolina Intangible Personal, Property Tax.
Return for the most recent year,
(c) complete copies of all real and personal property tax records (including
records filed in all counties within North Carolina and other States);
(d) Complete both pages of the attached financial statement; and
(e) itemization of insurance expenditures listed in Schedule C of the tax returns
required in item (a) above. The itemization of insurance expenditures shall
include, for each policy: a brief description of the type of coverage; name,
address and phone number of the insurance company or agent; and the policy
identification number. 4
3
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

(f) Receipts for any work done to upgrade the site since you received the initial
Notice of Violation from the Division's Wilmington Office on October 23,
1995.
This information will be used to validate your claim of insufficient financial reserves and
your inability to pay the civil penalty assessed against you and properly upgrade your
farm. If the property concerning this remission request is owned by a corporation or
something other than by you personally, you need to contact our office so that we may
send you the appropriate forms.
Please submit the requested information within thirty (30) days from your receipt of this
letter.
If you should have any questions about the financial information requested, please contact Mr.
Shannon Langley at [phone] ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTAC MEN T
cc: Rick:Shiver=Regional Water ty Supervisor:,,..
35

SENDER- - '-0p S
■Complete Um I a-W.2 for earvkes. 1 aiso wish to receive the
can.pi•te hems 3. 4a. and 4b. following servkms (for an
PfiR yoyw�nem• and address an the tawse of Oft form so that we can retwn Oft eXtM fee):
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Receipt for
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No •os Insurance Coverage Provided Do n
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ISee Reversal
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$meet and ,trd
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Postage
Can,l,ed Fee
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C Date, and Addressee's Addresg to Sam
TOTAf. Postage
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3w

ST RICKL4ND ACCOUNTING
MEMBER OF
NORTH CAROLINA SOCIETY OF ACCOUNTANTS
ENROLLED TO PRACTICE BEFORE
INTERNAL REVENUE SERVICE
"COMPLETE TAX SERVICE"
August 29, 1998
Mr. Shannon Langley
N. C. Department of Environment
P. O. Box 29535
Raleigh, North Carolina 27626 0535
Re: Curley Oxendine
Rt 1 Box 357C
Nakina, N. C.
Dear Mr. Langley:
Enclosed are the 1995, 1996, and 1997 income tax
returns for the above. We have also enclosed a
letter personally written to you by -Mr. Oxendine.
P.O. BOX 424
CHADBOURN. NORTH CAROL INA 2S431
TELEPHONE: [phone]
FAX: [phone]
You requested a copy of the North Carolina Intangible
Personal Property tax Return and this is not available
to me. I will have Mr. Oxendine obtain this and will
mail it to you later this week.
We have also enclosed a copy of the profit and loss
statement and balance sheet as of December 31, 1997.
We will mail you the insurance coverage to you as soon
as we can obtain copies from insurance carrier.
We trust that this information will be satisfactory but
you have any questions please contact me.
Thank you for your consideration.
�Sin er41,
Hilda C. Strickl nd
37
RECEIVED
SEP ! 1996
15'TER QUALtTY SECTION f.
.,:r,-Circharr�e Compyja

1,
11 %
�l

DIVISION OF WASTE MANAGEMENT
UST SECTION
December 2, 1998
MEMORAtPUM
urn 4 1993
To: Shannon Langley
Division of Water Quality
From: Joe Hudson
Trust Fund Branch
Subject: Review of Curley Oxendine's Financial Information for Ability to
Pay a Civil Penalty of $3,353.12
Columbus County
Based on a preliminary review of Curley Oxendine's financial information, it
appears that he should be able to pay part or the entire amount of the civil penalty.
An analysis by the Indipay Computer Model indicates the following information:
1. Mr. Oxendine's income exceeds his expenses.
2. Mr. Oxendine's average adjusted -gross income is $13,100.00 more
than the low income level for a household size of one (1) in Columbus
County.
3. Mr. Oxendine could consider an installment plan.
I trust that the above information is sufficient for you to proceed with Mr.
Oxendine's remission request.
If you have any questions, please contact me at [phone].
cc: George Matthis, Trust Fund Branch Head
31

7� t
"'WAYNE MCDEVITT~.`
'SECRETARY.-:%'�1!
A- PRESTON I"1OwARP;
JR., P.E.
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
March 12, 1999
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Attn: Curly Oxendine
Route I Box 357C
Nakina, NC 28453
Subject: Request for Remission of
Civil Penalty Assessment
Farm #: 24-050
Columbus County
DD 96-005
Dear Mr. Oxendine:
I considered the information submitted in support of your request for
remission in accordance with G.S. 143-215.6A(f) and have decided to remit this
penalty to a total of $453.12 ($100.00 penalty + $353.12 in investigative casts)
contingent on proper closure of the lagoon at the subject swine facility. If you
choose not to close the Iagoon to Natural Resource Conservation Service
Standards, I am willing to allow you to pay the entire penalty of $3,353.12
($3,000.00 penalty + $353.12 in investigative costs) in equal payments over a
period of one year. To discuss either of these options further please contact Mr.
Shannon Langley at [phone] ext. 581 within 30 days of your receipt of this
notice.
Should you choose to pay the penalty in full at this time, you may tender
payment to me at the letterhead address within 30 days of your receipt of this
letter. Please make checks payable to the Department of Environment and Natural
Resources.
You also have the option of presenting your request to the Committee on
Civil Penalty Remissions, which is comprised of members of the Environmental
Management Commission. The committee may consider such requests and render
final and binding decisions in these matters. You may argue your request before
the committee and Division Staff will argue for full payment of the initial
assessment.
46)
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0335
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0110% POST -CONSUMER PAPER

Should you choose to present your request to the committee, please notify
me at the letterhead address on or before within 30 days of your receipt of this letter. Your
request will be scheduled to be heard on the agenda of the next scheduled committee meeting and
you will be notified of the date and time. If a response is not received by the Division regarding
this notice then your request will be scheduled on the agenda for an upcoming committee
meeting.
Thank you for your cooperation in this matter. If you have any questions about this letter,
please Feel free to contact Shannon Langley at [phone], extension 581.-
Sincerely,
/�4-1 'j . --
A. Preston Howard, Jr., . .
cc: DWQ Wilmington Regional Office
Enforcement File DD 96-005
Central Files

m SENDER:
13 ■'Complete items t and/or 2 for additional services.
I also wish to receive the
a
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following
g services (for an
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■ Print your name and address on the reverse of this form so that we Can return this
card 10
extra fee):
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permit.
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2. ❑ Restricted Delivery
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defivered.
C6nsult postmaster for fee.
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Date sent: Tue, 29 Jun 1999 15A4:52 -0400
From: "Shannon Langley" cshannon_langley [e-mail]>
To: rick shiver a�7wiro.enr.state.nc.us
Copies to: Jeff Poupart <jeff [e-mail]>
Subject: EMC CCPR
Rick,
I hope you are doing well. I wanted to pass along some info for you in
case you wanted to use it in your presentation for the EMC CCPR case of
Curley Oxendine(DD 96-005). This matter has a long history so I wanted
to be sure you had all details. I apoligize for the length of this
message.
-Mr Oxendine was assessed a civil penalty on April 18, 1996.
-He requested remission withpout waiving his right to an administrative
hearing on May 17, 1996.
-the division received a waiver of right of administrative hearing on
August 1, 1996.
-The Director originally considered his remission request on October 8,
1996. The director denied his request.
-Mr. Oxendine was placed on the EMC CCPR agenda for February 13, 1997.
He said he could not attend.
-Mr. Oxendine was heard by the EMC CCPR on March 13, 1997. The EMC CCPR
referred the situation back to the Director for further consideration of
financial records.
-On May 9, 1997, the Division requested mr. Oxendine to provide
financial records to be evaluated by the GW sections computer model..
-No records were received so on November 6, 1997, central office staff
spoke with Mr. Oxendine and James Norris (Coop. Ext. Agent in Columbus
County). Mr. Oxendine was informed that no records had been received.
-On June 18, 1998 a final letter was sent to Mr. Oxendine requesting the
needed financial records.
-On September 1, 1998, Mr Oxendines records were submitted from his
accountant and they were submitted to the GW section for evaluation.
-On December 2, 1998, the GW section wrote a memo to the WQ section
stating that they had reviewed Mr. Oxendines financial records and that
he was able to pay the civil penalty levied against him. the case was
scheduled for the next Directors Enf. Conf.
-At the march 1999 enforcement conference, the director once again
considered the remission requrest of mr. oxendine and found no grounds
to modify the assessment.
-Mr. oxendine called the central office in late March 1999, and stated
wh — 1 -- Thu, 1 Jul 1999 08:04:23

that the first time he would be able to appear before the EMC CCPR was
July 8, 1999. he was told in March, 1999, that his case would be
scheduled for July 8, 1999.
If you have any questions, give me a call.
Shannon
wh —2— Thu, 1 Jul 1999 08:04:23

Dhtion of W*r Qudq DEC 6�IIOFYem: Dale:
Subject
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PO BOX 89535, [We*, NorW Caro

DIVISION OF WASTE MANAGEMENT
UST SECTION
December 2, 1998
i
MEMORANDUM
To: Shannon Langley
Division of Water Quality
J l
From: Joe Hudson
Trust Fund Branch
Subject: Review of Curley Oxendine's Financial Information for Ability to
Pay a Civil Penalty of $3,353.12
Columbus County
Based on a preliminary review of Curley Oxendine's financial information, it
appears that he should be able to pay part or the entire amount of the civil penalty.
An analysis_ by the Indipay Computer Model indicates the following information:
1. Mr. Oxendine's income exceeds his expenses.
2. Mr. Oxendine's average adjusted gross income is $13,100.00 more
than the low income level for a household size of one (1) in Columbus
County.
3. Mr. Oxendine could consider an installment plan.
I trust that the above information is sufficient for you to proceed with Mr.
Oxendine's remission request.
If you have any questions, please contact me at [phone].
cc: George Matthis, Trust Fund Branch Head

State of North Carolina RECE-1VEU
Department of Environment
Health and Natural Resourc s MAY 13 1997 LT1.94A,
Division of Water Quality BY:
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C� C H N F;t
A. Preston Howard, Jr., P.E., Director
May 9, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Curley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
SUBJECT: Request for Financial.
Information
File No. DD 96-05
Farm #: 24-050
Columbus County
Dear Mr. Oxendine:
During the recent EMC Civil Penalty Remission Committee meeting, the Committee
requested that the Director review costs you would incur to bring your farm into
compliance with North Carolina's 15A NCAC 211.0200 regulations. Further, the
Director is to consider the source of any and all funds used to remediate and upgrade
your farm in considering whether he will reduce the amount of the fine assessed against
you.
In making these decisions the Division of Water Quality requests that you supply written
financial information to substantiate your claim of inability to pay. It is requested that
the following information be submitted:
(a) Complete copies of state and federal personal income tax returns prepared for
the last three (3) tax years (including returns for all States in which an income
tax return was filed);
(b) Complete copy of the North Carolina Intangible Personal, Property Tax. .
Return for the most recent year;
(c) complete copies of all real and personal property tax records (including
records filed in all counties within North Carolina and other States);
(d) Complete both pages of the attached financial statement; and
(e) itemization of insurance expenditures listed in Schedule C of the tax returns
required in item (a) above. The itemization of insurance expenditures shall
include, for each policy: a brief description of the type of coverage; name,
address and phone number of the insurance company or agent; and the policy
identification number.
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

(f) Receipts for any work done to upgrade the site since you received the initial
Notice of Violation from the Division's Wilmington Office on October 23,
1995.
This information will be used to validate your claim of insufficient financial reserves and
your inability to pay the civil penalty assessed against you and property upgrade your
farm. If the property concerning this remission request is owned by a corporation or
something other than by you personally, you need to contact our office so that we may
send you the appropriate forms.
Please submit the requested information within thirty (30) days from your receipt of this
letter.
If you should have any questions about the financial information requested, please contact Mr.
Shannon Langley at [phone] ext. 581.
Sincerely,
4
d-7
A. Preston Howard, Jr., P.E.
ATTACHIV11DU
cc:

AGENDA ITEM: Request for Remission of Civil Penalty by
Curley Oxendine(DD 26-05)
Columbus County
EXPLANATION: On April 18, 1996, the Director, Division of Water
Quality assessed a civil penalty of $3,353.12
($3,000.00 civil penalty and $353.12 investigative
costs) against Curley Oxendine for violations of 15A
NCAC 211.0217 and discharging waste to waters of
the State. The civil penalty assessment represents
30 percent of the maximum allowed by G.S. 143-
215.6A.
On August 1, 1996, Mr. Curley Oxendine requested
remission and waived Curlgy Oxendine's right to an
administrative hearing and stipulated that the facts
were as alleged in the assessment document.
RECONIlVENDATTON: The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
1. The Director considered information
submitted in support of Curley Oxendine's
request for remission of civil penalties in
accordance with G.S. 143-215.6A(f) and his
delegation under G.S. 143-215.6A(h) and
did not find grounds to modify the
assessment.
9q

-21
I
i5r :
1%
7
State of North Carolina
F Deparrment of Environment, Health, and Natural Resources
Niiminztoa Regional Office
James B. Hunt, Jr. Division of EnviroMMCnW Management Jonathan B. Howes
Governor Water Quziiry Section Secretary
OCTOBER-,g, 1995
CERTIFIED KkIL Z 405 591 327
RETURN RECEIPT REQUESTED
Mr. Cunley Oxendine
Route 1, Box 357C
Nakina, North Carolina 28453
Subject: Notice of Violation
Noncompliance with Best Management Practices
Cunley Oxendine Swine Farm
Columbus County
Dear Mr. Oxandine:
This letter is in response to site
your swine farm on July 25, 1995 and
inspections revealed that wash -down water
discharged directly to the ground surfa
appears to be conveyed to the lagoon
overland flow. This action is not in acc
best management practices. The lagoon
resembled a polluted pond rather than
lagoon. This lagoon had a low spot wi
adjacent to the State's surface waters. T
h
It is requested that you provide this Office with written
correspondence that addresses corrective actions taken to eliminate
the overland/swale flow to the lagoon. In addition, it is requested
that you maintain a minimum lagoon freeboard of 1.5 feet at the
lowest dike point and provide details concerning your spray
irrigation activities (frequency .of spraying, crops sprayed upon,
and spray equipment used). The written reply should be received at
this Office no later than ten days following the receipt of this
letter.
10D
127 Cardinal Drive Extension, Wilmington, N.C. 23405-3S45 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Siate of North Carolina
Department of Environment,
Health and Natural Resources 474 �e A'I
Division of Environmental Management
James S. Hunt, Jr., Governor
_ _Jonathan B. Howes, Secretary ®�
A. Preston-'Howafd, Jr., P.E., Director
April 22, 1996
NO 1 1 ! air
Cunley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
SUBJECT: Assessment of Civil
Penalties for Violation(s) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. D-05
Dear Mr. Oxendine:
This letter transmits notice of a civil penalty assessed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any -
continuing violation(s) may be the subject of a new enforcement action, including an additional
Penalty
Within thirty days of receipt of this notice, you roust do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
!m
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

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) , payment_of the civil penalty will prevent payment for the rem
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section ChieflDEM
P.O. Box 29535
Raleigh, North Carolina- 27626-0535
M
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447 -
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
/091

Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment. .
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTAClRi TENTS
cc: Wilmington Regional Supervisor w/ attachments
yC` .pp liance/Enforcement Fzle:w attachirients.,
Central Files w/ attachments
Public Information Officer w/attachments
/D3

STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
�►� � .�� ►fir t,t
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-05
FINDINGS AND DECISION
AND ASSESSMENT OF -
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,1, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the
following:
I . FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1,1993 in accordance with 15A NCAC 2H .0217.
C . On January 5th, 1996 and January 9th, 1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. Mr. Curley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Cunley Oxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Simmons Bay Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6). ,

+Attach I is form to the front of the maiiplece, or on the back If space dose not
■ri a Return Receipt Requested' on the mallplece below the article number.
m W
=■ The Return Receipt will show to whom the article was delivered and the date
delivered.
1. ❑ AddressewsVdErel. r
2. ❑ Reshicted Delivery
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.State of North Carolina
Department of Environment,
• Health and Natural Resources o
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ®�
A. Preston Howard, Jr., P.E., Director
July 25, 1996
M. :10A111121211111VA I I. M
i.
Curley Oxendine
Route'l Box 357-C
Nakina, NC 28453
Subject: Remission Request of
Civil Penalty Assessment
Curley Oxendine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
The Division of Water Quality is in receipt of your request for remission of civil penalties
assessed in the matter of the case noted above. However, your remission request was not
accompanied by a completed form waiving your'right to an administrative hearing, which must be
received before your request may be processed. A waiver form was mailed to you on May 23,
1996. The Division has received no response. The Division has also attempted to contact you via
telephone on several occasions with no success. Please complete the attached waiver form and
return it to the attention of Mr. Shannon Langley at the letterhead address. Once the completed
waiver form has been received, the Division will be able to proceed with your remission request.
If we have not received this waiver form within 30 days of your receipt of this letter this matter will
be turned over to the Attorney Generals Office for collection of the penalty.
1f you have any questions, please call Shannon Langley at [phone], ext. 581.
Sincerely,
Robert L. Sledge, Supervisor
Compliance Group
cc: Shannon Langley - EnforcementfCompliance
Dave Adkins - Wilmington Regional Office
f VEC�
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 501% recycled/ 10% post -consumer. paper

f - SENDER: s __ -- ---
V ■Complete items t andlor 2 for additional services. W
_ else wish to receive the i
fA ■Complete items 3, 4a, and 4b. following services (for an
o ■ Print your name and address on the reverse of this form so that we can return this extralee): i
card to you.
■Attach this form to the front of the mallpiecs, or on the bade If space does not 1, ❑ Addressee's Address l
permit.
d ■Wrtte'Retum Receipt Requested' on the mallpieoe below the article number. 2. ❑ Restricted Delivery N i
c■The Ralum Receipt will show to whom the article was delivered and the dale
delivered. Consult postmaster for tee. I e� w
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7. Date o Relive a t j y u� - § § '
i S. Received By: (Print Name) 8. Addressee's Address (Only if requested G l °' a o o
and lee !s Daid) m ( z ❑

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 1, 1996
Attn.: Curley Oxendine
2055 Eavin T. Richardson Road-
Nakina, NC 28455
Subject: Remission Request of
Civil Penalty Assessment
Oxendine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
Robert L. Sledge, Supervisor
Compliance Group
cc: Dave Adkins - Wilmington Regional Office Wattachments
Shannon Langley - Enforcement/Compliance w/attachments
Linda Forehand w/3 attachments
/0?
d
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

d
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF COLUMBITS
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. DD 96-05
Having been assessed civil penalties totalling 3,353. 12 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, A o r i 1 22, 1996 . the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged -in the assessment document.
This the 31 day of July ^ , 19 9 6
RECEIVED
AUG 1 1996
FAP!ITIES ASSESSMENT UNIT
r
el 'SI6N)VTtME
ADDRESS
2055 Eavin T. Richardson goad
Nakina, NC 28455
TELEPHONE
910 642-0670
lDq

Ass,
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Bailey Excavating
Rt. 4, Box 347 E
Whlteville, NC 28472
[phone]
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.' State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 22;
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Cunley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
SUBJECT: Assessment of Civil
Penalties for Violations) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. DD 96-05
Dear Mr. Oxendine:
This letter transmits notice of a civil penalty assessed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken tinder the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1 Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535 -
Raleigh, North Carolina 27626-0535
OR
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

COUNTY OF COLUMBUS
IN THE MATTER OF
CUNLEY OXENDINE
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
File No. DD 96-05
FINDINGS AND DECISION AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the
following:
I. FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B. . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On January 5th, 1996 and Tanuary 9th, 1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. Mr. Cunley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. W. Cunley Oxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Simmons Bay Creek constitutes waters of a State within -the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6)' j

D. The above -cited discharge is a violation of the nondischarge permit.
E. Mr. Cunley Oxendine may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. Cunley
Oxendine pursuant to G.S. 143-215.3(a)(4) and G.S. -143B-282.1(b)(8).
G . The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Cunley Oxendine is hereby assessed a civil penalty of:
S 3060. 6.0 for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217.
$ 3 d TOTAL CML PENALTY, which is 3Q percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
S 3 36 3. /'Z TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the"natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation; _
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was cor►.mitted willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission. has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
/IT 4r 9(v
(D ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
115

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that`there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;....
'"'`" (d'�~rtie tiTzflTtor fi� been assessed civil penalties .or any p:on;
violations;
(e) . payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
PIease submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
�� .
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611 /

i
Failure to exercise one of the options above within jh& days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
e.� / 9541t—�
_ A. Preston :Toward, Jr., P.E.
ATTACHME14TS
cc: Wilmington Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments
10

State of North Carolina
= Department of Environment,
Health and Natural Resources + s
Division of Water Quality _t
James B. Hunt, Jr., Governornow
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 8, 1996
Certified Mail
Return Receipt Requested
Attn: Curley Oxendine
2055 Eavin T. Richardson Road
Nakina, NC 28455
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Oxendine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-2I5.6A(h) and have not
found grounds to modify the assessment of $3,353.12.
Should you choose to pay the penalty, you may tender payment to me at the Ietterhead
address within 30 days of your receipt of this letter. Please make checks payable to the Department
of Environment, Health, and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment of
the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
//y ' .
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

Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
+ Sincelely,
A. Preston Howard, Jr
cc: DWQ Regional Office
Enforcement file
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AGFNDA ITEM: Request for Remission of Civil Penalty by
Curley Oxendine ADD 95-05)
Columbus County
EXPLANATION: On April 18, 1996, the Director, Division of Water
Quality assessed a civil penalty of $3,353.12
($3,000.00 civil penalty and $353.12 investigative
costs) -against Curley Oxendine for violations of 15A
NCAC 2H .0217 and discharging waste to waters of
the State. The civil penalty assessment represents
30 percent of the maximum allowed by G.S. 143-
215.6A.
On August 1, 1996, Mr. Curley Oxendine requested
remission and waived Curley Oxendine's right to an
administrative hearing and stipulated that the facts
were as alleged in the assessment document.
RECOMMENDATION: The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
1. The Director considered information
submitted in support of Curley,Oxendine's
request for remission of civil penalties in
accordance with G.S. 143-215.6A(f) and his
delegation under G.S. 143-215.6A(h) and
did not find grounds to modify the
assessment. ,
l A,!Sr

I State of North Carolina
Department of Environment, Health, and Natural Resources
Nilmingnon Regional office
James B_ Hunt, Jr. Division of Environmental Management Jonathan B. Howes
Governor Warts Quality Section Secretary
OCTOBER 9 9.5�"
CERTIFIED MAIL Z 405 591 327
RETURN RECEIPT REQUESTED
Mr. Cunley Oxendine
Route 1, Box 357C '-
Nakina, North Carolina 28453
Subject: Notice of Vio 1 ation
Noncompliance with Best Management Practices
Cunley Oxendine Swine Farm
Columbus County.
Dear Mr. Oxendine:
iThis letter is in response to site inspections performed at
your swine farm on July 25, 1995 and September 21, 1995. The
inspections revealed that wash -down water from your hog houses is
discharged directly to the ground surface. This wash -down water
appears to be conveyed to the lagoon by drainage swales and
overland flow. This action is not in accordance with established
best management practices. The lagoon had an appearance which
resembled a polluted pond rather than an anaerobic treatment
lagoon. This lagoon had a low spot within the dike which is
adjacent to the State's surface waters. The water level within the
lagoon was within one foot of .overflow to the surface waters on
both inspection dates. There was not any spray equipment found at
the lagoon or the adjacent cropland. There was no indication that
a portable water reel system had been used to perform spray
irrigation activities within the adjacent farmland.
It is requested that you provide this Office with written
correspondence that addresses corrective actions taken to eliminate
the overland/swale flow to the lagoon. In addition, it is requested
that you maintain a minimum lagoon freeboard of 1.5 feet at the
lowest dike point and provide details concerning your spray
irrigation activities (frequency of spraying, crops sprayed upon,
and spray equipment used). The written reply should be received at
this Office no later than ten days following the receipt of this
letter.
127 Cardinal Drive Extension, Wilmington, N.C_ 28405-3845 • Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

,—
`= Xr. Cunley oxendine
October 9, 1995
Page Two
The Division records indicate that your swine farm is
considered as an existing operation. The existing operations have
until December 31, 1997 to provide the Division with an approved
animal waste management plan. However, the two inspections revealed
an environmental threat to ground water quality and a -potential
threat to surface water quality. Based upon this finding, it is
further requested that you contact a technical specialist
designated by the State's Soil and Water. Commission or the local
Columbus County Natural Resources and Conservation Service
(formerly known as the SCS) to obtain a waste management plan for
your operation. The approved animal waste management plan should be
received at this Office no later than 30 days following the receipt
of this letter. Failure to follow the requests presented within
this letter within the allocated time may result in the revocation
of your facility's deemed permitted status.
If you have questions concerning this letter, you may contact
either Mr. Jim Bushardt or Mr. Dave Adkins at (910) 395--3900.
Sincerely,
-t /-- S(NEv'C -
Rick Shiver; P.G.
Regional Supervisor
JB:RS:OXENDINE.o95
cc: Wilmington Animal operation Violations Files (Columbus Co.)
Steve Bennett (Div. S&W)
! ;2,-7

I also wish to receive the
SENDER: stx add'f—,a TM'
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GPOr
0 p5 Form 3S-1 December 1991
l�

State of North Carolina
'Department of Environment,
Health and Natural Resources 4 e •
Division of Environmental Management
.fames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ® E [****J FI
--A. Preston Howard, Jr., P.E., Director
April 22, 1996
D' MIND 1
�.
Cunley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
SUBJECT: Assessment of Civil
Penalties for Violation(s) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. D505.; _ j
Dear Mr. Oxendine:
This letter transmits notice of a civil penalty assessed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
M
1 a9
O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX.[phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation -is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a rernission request forecloses the option of an
administrative hearing, such a request must be accompanied .by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in -dispute. You -must execute and return to this office
_-the_ attached waiver and stipulation form and a detailed statement which you
believe establishes whether.
(a) one or more of the civil penalty assessment factors in G.S. 143B-
2 82.1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) . payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of -
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
• '
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611
J 3-O

Failure to exercise one of the options above within t}h'irty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment. .
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Wilmington Regional Supervisor w/ attachments
Compliance/Enforcement File:w/ attachments'-!�.
Central Files w/ attachments
Public Information Officer w/attachments
/3/

STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
CUNLEY OXENDINE
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
W NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-05
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North. Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the
following:
L FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1, 1993 in accordance with 15A.NCAC 2H .0217.
C. On January 5th, 1996 and January 9th, 1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. Mr. Cunley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the; enforcement procedures in this matter totaled $353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. CunleyOxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Simmons Bay Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6)/
2_

D. The above -cited discharge is a violation of the nondischarge permit-
E. Mr. Cunley Oxendine may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. Cunley
Oxendine pursuant to G.S. 1437215.3(a)(9) and G.S. 143B-282.I(b)(8).
G . The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. ' DECISION:
Accordingly, Mr. Cunley Oxendine is hereby assessed a civil penalty of:
$ 3 a D a. 0 for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217.
$ 3-ad,j• + a TOTAL CIVIL PENALTY, which is .3 o percent of the
maximum penalty authorized by G.S. 143-215.6A.
S 3 3 3. 1 Z Enforcement costs
$ 3 36 3. /1L _ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the vioiation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(D ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
l 15- 3-

f' . • SENDER: 1 also wish to receive the
€ : 113 aComplete Items 1 and/or 2 for additional aervlces. 111 (,t! _
l m ■Complete llama 3, 4a, and 4b. U.V ":•1 following servfces {foAdres
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PS Form 3$Qo, June 1991 $ card to you. �1(
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a c {' .I and lee Is paid) 9!
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PS Form 3811, December 1994 Domestic Return Receipt

,9tate of North Carolina
' Department of Environment,
Health and Natural Resources i e
Division of Environmental Management A74
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ®�
A. Preston Howard, Jr., P.E., Director
August 1, 1996
Attn.: Curley Oxendine
2055 Eavin T. Richardson Road
Nakina, NC 28455
Subject: Remission Request of
Civil Penalty Assessment
Oxendine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will bereviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
Robert L. Sledge, Supervisor
Compliance Group
cc: Dave Adkins - Wilmington Regional Office w/attachments
Shannon Langley - Enforcement/Compliance w/attachments
Linda Forehand w/3 attachments
135
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 OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF r.ns.t�Mxt� s
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CTVEL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. } STIPULATION -OF FACTS
__FILE.NO. D n 9 6- 0 5
Having been assessed civil penalties totalling _ __ 3 , 3 5 3.12 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, _ April 22, 1 9 9 6 _ , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the 3 1 day of July , 19 9 b
RECEIVED
AUG 1 1996
FArpMES ASSESSMENT UNIT
I
'SIGNAIVRE
ADDRESS
2055 Eavin T. Richardson Road
Nakina, NC 28455
TELEPHONE
910 642-0670
/3&

RECEIVED
WATER QUALITY MCfAft
m Ay 1 0 144A �.�-
- MAY 17 1996
1 OPFPATlnNfi RPAN V aP -
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Rt. 4, Box 347 E
.Whiteville, NC 28472
[phone]
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Description
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 22, 1996
CERTIFM MAIL
REIMN RECEIPT RE UE TED
Curley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453,
4 49 .
F1
Y.
SUBJECT: Assessment of Civil
Penalties for Vioia►ion(s) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. DD 96-05
Dear Mr. Oxendine:
This letter transmits notice of a civil penalty assessed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
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 OF NORTH CAROLINA
COUNTY OF COLUMBUS
IR THE MATTER OF
CUNLEY OXENDINE
FOR VIOLATIONS OF PERMIT
15A NCAC 211.0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMNIISSION
File No. DD 96-05
FINDINGS AND DECISION
AI�TD ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., Y.E., Director of the Division of Environmental Management (DEM), make the
following:
I.
FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On January 5th; 1996 and?anuary 9th, 1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. Mr. Curley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Cunley Oxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.� L f
C. Simmons Bay Creek constitutes waters of Otte State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Mr. Cunley Oxendine may be assessed civic penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. Cunley
Oxendine pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).-
G. The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Cunley Oxendine is hereby assessed a civil penalty of:
$ 30 6 0. 01D for discharging waste to the wateis of the State in violation of
15A NCAC 2H .0217.
$ 3*14 a - 4 s TOTAL CIVIL PENALTY, which is 3 0 -percent of the
maximum penalty authorized by G.S. 143-215.6A.
$ 3 63. t Z- Enforcement costs
$ 3 353. /Z TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-282. l(b), which are:
(1) The degree and extent of harm to thr.*natural resources of tte State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was corn*nitted willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
{D ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

State of North Carolina
• Department of Environment, _
Health and Natural Resources A4 7j;0)Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) F 1""sJ F1
A. Preston Howard, Jr., P.E., Director
October 8, 1996
Certified Mail
Return Receipt Requested
Attn: Curley Oxendine
2055 Eavin T. Richardson Road
Nakina, NC 28455
Subject: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Oxen.dine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
I considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and my delegation under G-S. 143-215.6A(h) and have not
found grounds to modify the assessment of $3,353.12.
Should you choose to pay the penalty, you may tender payment to me at the letterhead
address within 30 days of your receipt of this letter. Please make checks payable to the Department
of Environment, Health, and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these matters.
You may argue your request before the committee and Division Staff will argue for full payment of
the initial assessment.
Should you choose to present your request to the committee, please notify me at the
letterhead address on or before within 30 days of your receipt of this letter. Your request will -be
scheduled to be heard on the agenda of the next scheduled committee meeting and you will be
notified of the date and time. If a response is not received by the Division regarding this notice
then your request will be scheduled on the agenda for an upcoming committee meeting.
A/
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ to% post -consumer paper

Thank you for your cooperation in this matter. If you have any questions about this letter,
please feel free to contact Shannon Langley at [phone], extension 581.
Sinceiely,
A. Preston Howard, Jr
cc: DWQ Regional Office
Enforcement file

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AGENDA ITEM: Request for Remission of Civil Penaltv b
Moonstruck Acres Inc. D 96-07
Greene County
EXPLANATION: On April 23, 1996, the Director, Division of Water
Quality assessed a civil penalty of $2,327.00
(including $327.00 in investigative costs) against
Moonstruck Acres Inc. for violations of 15A NCAC
211.0217 and discharging waste to waters of the
State. The civil penalty assessment represents 20
percent of the maximum allowed by G.S. 143-
215.6A.
On May 19, 1996, Moonstruck Acres Inc. requested
remission and waived Moonstruck Acres Inc. 's right
to an administrative hearing and stipulated that the
facts were as alleged in the assessment document.
RECON MENDATION: The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
1. The Director considered information
submitted in support of Moonstruck Acres
Inc. 's request for remission of civil penalties
in accordance with G.S. 143-215.6A(f) and
his delegation under G.S. 143-215.6A(h)
and did not find grounds to modify the
assessment.
/L/P

_w
State of North Carolina
Department of Environment.,
Health and Natural Resources ,.!
Division of Water Quality FEB 0 7 1997 #I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E
A. Preston Howard, Jr., P.E., Director
January 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Conley Oxedine
Rt. 1 Box 357 C
Nakina NC 28453
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N. C. G. S. 143-215.6A(f)
File No.Case DD 96-005
Dear Mr. Oxedine:
Your request for remission has been placed on the agenda for the February 13, 1997,
meeting of the Environmental Management Commission's Committee on Civil Penalty
Remissions. The Committee will convene immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission in the Ground Floor
Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North
Carolina (see enclosed map). - You should arrive no later than 10:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether.
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongly applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, apart of the
penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the
violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining necessary remedial actions.
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

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Page 2
January 31, 1997
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please call Robert L. Sledge, Supervisor of our Water Quality
Compliance Group, at [phone], ext. 233.
Sincerely,
.�ew
A. Preston Howard, Jr., P.E.
cc: DWQ.Reg[o al Office
Enforcement File

State of North Carolina
Department of Environment,
Health and Natural Resource
mP 2 4 1996 •
Division of Environmental Manage
...r. ................... �
James B. Hunt, Jr., Governor — a
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 1, 1996
Attn.: Curley Oxendine
2055 Eavin T. Richardson Road
Nakina, NC 28455
ID FEHNF=1
Subject: Remission Request of
Civil Penalty Assessment
Oxendine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
110, �- �Vd��
Robert L. Sledge, Supervisor
Compliance Group
cc: Dave Adkins - Wilmington Regional Office w/attachments
Shannon Langley - Enforcement/Compliance w/attachments
Linda Forehand w/3 attachments
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 OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF C O L UM R IT S
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. DD 96-05
Having been assessed civil penalties totalling _ _ 3 —3 5 3 - 1_2 _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, _ _ April 22, 1 9 9 6 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the
31
day of July , 19 96
"SIONXTME
ADDRESS
2055 Eavnn T. Richardson Road:
REGLIVED Nakina, NC 28455
AUG -1 1996
FA r)! ITIES ASSESSMENT UNIT
"-MWAVOiRLO
910 642-0670

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Rt. 4, Box 347 E
Whiteville, NC 28472
[phone]
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Amount
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Signature

State of North Carolina
-Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Prestori Howard, Jr., P.E., Director
April 22,
CERT1FiED MAIL
RETURN RECEIPT REQUESTED
Cunley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
A
•• A
C) EE Ft
1996
SUBJECT: Assessment of Civil
Penalties for Violation(s) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. DD 96-05
Dear Mr. Oxendine:
This letter transmits notice of a civil penaly assessed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535 . .
Raleigh, North Car6lina 27626-0535
No
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 OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
CUNLEY OXENDINE
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-05
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the
following:
I. FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On January 5th; 1996 and January 9th, 1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. Mr. Cunley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled S353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:,
A. Mr. Cunley Oxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Simmons Bay Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Mr. Cunley Oxendine may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. Cunley
Oxendine pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Cunley Oxendine is hereby assessed a civil penalty of:
$ 30o o. Cv
$ 34d46. 6
$ S363. rL
for discharging waste to the water''s of the State in violation of
15A NCAC 2H .0217.
TOTAL CIVIL PENALTY, which is 3o percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 143B-282. l(b), which are:
(1) The degree and extent of harm to thr."naturai resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willf >>ly or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
0 'T (D ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a)
one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b)
the violator promptly abated continuing environmental damage
resulting from the violation;
(c)
the violation was Inadvertent or a result of an accident; :.
�'" `" (dj' `t}ie :viol for h�.q been assessed civil pena}tie'§ for ariy previous
violations;
(e) ,
payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of -
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
K'
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within th_ irty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Pr-sten Howard, Jr., P.L.
ATTACHMENTS
cc: Wilmington Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments
r

_ State of North Carolina
Department of Environment r
Health and Natural ResourcesT@'�7--7 1
Division of Environmental Mana"" nt,
James B. Hunt, Jr., Governor sk
Jonathan B. Howes, Secretary ------ "._._-__-_.__ E3 C
A. Preston Howard, Jr., P.E., Director G
August 1, 1996
Attn.: Curley Oxendine
2055 Eavin T. Richardson Road
Nakina, NC 28455
Subject: Remission Request of
Civil Penalty Assessment
Oxendine Swine Farm
Columbus County
DD 96-05
Dear Mr. Oxendine:
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. This request will be reviewed and you will be notified when a decision is
made concerning the request.
If you have any questions, please call Mr. Shannon Langley at [phone], ext. 581.
Sincerely,
Robert L. Sledge, Supervisor
Compliance Group
cc: Dave Adkins - Wilmington Regional Office w/attachments
Shannon Langley - Enforcement/Compliance w/attachments
Linda Forehand w/3 attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ t 0% post -consumer paper

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF COLUMBUS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO. DD 96-05
Having been assessed civil penalties totalling 3 , 3 5 3 . 12 _ _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, April 22, 1 9 9 6 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the
31
RECEIVED
AUG 1 1996
day of July , 19 96
FAQjTIES ASSESSMENT UNIT
ADDRESS
2055 Eavnn T: Richardson Road
Nakina, NC 28455
TELEPHONE
910 642-0670

RECEIVES
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Rt, 4, Box 347 E
Whiteville, NC 28472
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Date
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Amount
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STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
CUNLEY OXENDINE
FOR VIOLATIONS OF PERMIT
15A NCAC 2H .0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-05
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the
following:
I. FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1, 1993 in accordance with.15A NCAC 2H .0217.
C. On January 5th; 1996 and Tanuary 9th, 1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. Mr. Cunley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:.
A. Mr. Cunley Oxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Simmons Bay Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Mr. CunIey Oxendine may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. Cunley
Oxendine pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-2821(b)(8).
G. The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Cunley Oxendine is hereby assessed a civil penalty of:
$ 3060. 0'D for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217.
$ 3yd TOTAL CIVIL PENALTY, which is 3 Q_ percent of the
maximum penalty authorized by G.S. 143-215.6A.
Enforcement costs
S 3 3 !6 3 . 11 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the. natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation; _
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6j) Whether the violation was cormnitted wil >>ly or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(D ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management

2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
2 82. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was nadvertent or a result of an accident; _.
_ - (dam ' the _ ib.ator Ed been assessed'civil penalties .or any prevcou.,
violations;
(e) , payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section ChieflDEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
•s
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within jhLrty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A . Pr-ston Howard, Jr., P.E.
ATTACHMENT'S
cc: Wilmington Regional Supervisor w/ attachments
Compliance/aforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments
r

C-0 n Y p .-s "./ C,
4-
State of North Carolina,
-Department of Environment,
Health and Natural Resource APR 2 9 1996 4i7L�)
Division of Environmental Management
.....................�..--
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary � E H
--A. Preston_-H-oward, Jr., P.E., Director
April 22, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Cunley Oxendine
Route 1, Box 357-C
Nakina, North Carolina 28453
SUBJECT: Assessment of Civil
Penalties for Violation(s) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. DD 96-05
Dear Mr. Oxendine:
This letter transmits notice of a civil penalty assessed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment, Health, and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
M
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

Jul 1 '96 16:51
0 K 1 I9-3432227
• State of North Carolina
w
.-Department of Environment, ��
Health and Natural Resource APR 2 R �qc, 4J 0
Division of Environmental Management
James S. Hunt, Jr., Governor AVOINNOMMOM
Jonathan B. Howes, Secretary H
'-X Prestori'Kowaid, Jr., P.E., Director
Apx-il 22, 1996
it V; MI1:10 ZF411
! W_
Clmley OXendine.
Rae 1, Box 357-C
Maldna, North Carolina. 28453
SUBJECT: Assessment of Civil
Penaltics for Violation(s) of N.C.
General Statute(s) 143-215(e)
Columbus County
File No. DD 96-05
1� 4l - T
This letter t uasmits notice of a civil penalty mumsed against Cunley Oxendine in the
amount of $3,353.12 including $353.12 in investigative costs.
Attached is a copy of the assessment docwmt explaining this penalty. This action was
taken under the authority vested m me by delegation. pn rsuant to N.C.O.S. 143-215.6A(h). Any
continuing violations) may be the subject of a now cnfamcmew action, includmg an additional
Penalty -
Within thirty days of receipt of tMs notice, you nst do one of the following:
1. Submit.'payment of •tbe penalty:
Payment should be made direedy to the .order of the Depa tment of
Envim�nt,Health, and Nahnal.Resources (do not include waiver
form). Paytuent of the penalty wilt not foreclose farther enforoameat
action for any conning or new vialation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of guvirerinental. Management
P.O. Box 29535
Raleigh„ North C..azvlirr----�!�''<" --�
Ppat-ir Fax Note 7671 -q
FF t l�

N
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure
for contesting the accuracy of any of the statements contained in the
assessment letter. Because a remission request forecloses the option of an
administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation that there are no
factual or legal issues in dispute. You must execute and return to this office
the attached waiver and stipulation form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage
resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous
violations;
(e) , payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief/DEM
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform
to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDEHNR
Post Office Box 27687
Raleigh, NC 27611

T
Failure to exercise one of the options above within thirty days, as evidenced by a
date stamp (not a postmark) indicating when we received your response, will result in this
matter being referred to the Attorney General's Office with a request to initiate a civil action
to collect the penalty. Please be advised that additional assessments may be levied for
future violations which occur after the review period of this assessment.
If you have any questions, please contact Mr. Shannon Langley at [phone],
extension 581..
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc. 1 ingtan-Regional-Supervisor_w/ at— timents
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Officer w/attachments

STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
IN THE MATTER OF
CUNLEY OXENDINE
FOR VIOLATIONS OF PERMIT
15A NCAC 21-1.0217
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. DD 96-05
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston
Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the
following:
I . FINDINGS OF FACT:
A. Mr. Cunley Oxendine operates a concentrated swine operation located in Columbus
County, North Carolina.
B . Mr. Cunley Oxendine's swine operation was deemed permitted as a nondischarge
facility on February 1, 1993 in accordance with 15A NCAC 2H .0217.
C. On January 5th, 1996 and January 9th, 1996 DEM staff observed a discharge of
wastewater from the aforementioned swine facility's lagoon to Simmons Bay Creek,
which are Class C-Swamp waters of the State.
D. Mr. Cunley Oxendine had no valid permit for the above described activity.
E. The cost to the State of the enforcement procedures in this matter totaled $353.12.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Curley Oxendine is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B . A permit for this animal waste management system is required in accordance with 15A
NCAC 2H .0217 and G.S. 143-215.1.
C. Simmons Bay Creek constitutes waters of the State within the meaning of G.S. 143-
215.1 pursuant to G.S. 143-212(6).

D. The above -cited discharge is a violation of the nondischarge permit.
E. Mr. Cunley Oxendine may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person for failing to act
in accordance with the terms, conditions or requirement of a permit required by G.S.
143-215.1.
F. The State's enforcement costs in this matter may be assessed against Mr. Cunley
Oxendine pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G . The Director, Division of Environmental Management, pursuant to delegation
provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Mr. Cunley Oxendine is hereby assessed a civil penalty of:
$ 30 0 a. 0 1 for discharging waste to the waters of the State in violation of
15A NCAC 2H .0217.
$ 346 46. a ; TOTAL CIVIL PENALTY, which is 3_ percent of the
maximum penalty authorized by G.S. 143-215.6A
S Z_ _ Enforcement costs
$ 3 3. rL TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) ' The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
all (D ) A. Preston Howard, Jr., P.E., Director
Division of Environmental Management