An Alton confined hog feeding producer is exploring tripling his operation to over 8,000 hogs.
The Department of Conservation and Recreation already has approved Alton farmer Ray Link's nutrient management plan for coverage under a Virginia Pollution Abatement permit - dated June 11, 1999 - for a proposed expanded 8,520-head finishing hog operation.
Link said yesterday his adjoining neighbors have been notified, which is part of the application process.
However, the Alton farmer declined to take additional questions, explaining he had been advised not to comment on the issue.
The county's current ordinance has no maximum cap for swine, but both the Planning Commission's recommendation to supervisors this month and an earlier supervisors' ordinance proposal called for a maximum 5,000 swine cap in a new ordinance
Link's action raises questions.
Could a legal challenge to the county be pending?
Department of Environmental Quality Engineer Senior James Golden said yesterday that it is his "personal understanding" that an application must include a certified local ordinance form to move forward.
Although the county has not received an official permit application, Link took an initial application step last week.
"Any operator has to apply to the county for a permit in addition to applying to the Department of Environmental Quality," explained county planner Jerry Lovelace.
Part of the permit package is certification by the county that the proposal is within zoning compliance, or that certification is not within zoning compliance, or that the county has no zoning regulations applicable to it, he explained.
"I did not check any of the options," said the county planner. "I put a statement on the form that I was unable to certify it due to the Board of Supervisors' directive of December 7, 1998, to approve no permits until our ordinance review process is completed."
Supervisors will receive the Planning Commission's recommendation during the Board's August meeting.
Supervisors may accept or revise the Planning Commission's recommendation before holding a public hearing and taking action on the confined animal feeding operation ordinance.
For DEQ it is very clear, said Golden, that we must have the local ordinance signed.
Required for coverage under a general permit, according to Golden, the operation must file a statement to DEQ including a copy of a letter of approval of the nutrient management plan from DCR, a copy of the approved nutrient plan, and a notification from the governing body of the locality where the operation is located that the operation is consistent with all ordinances adopted pursuant to Chapter 22 Section 15.2-2200 et seq. of title 15.2, said Golden.

County planner Jerry Lovelace was charged yesterday with trespassing on hog producer Scott Hudson's farm in the Red Bank district.
Sheriff Jeff Oakes said Hudson swore out the warrant.
However, County Administrator Dan Sleeper said yesterday that Lovelace was "doing his job."
Lovelace was arrested by Deputy Sheriff J.B. White after Lovelace surrendered to officers at 1 p.m. on Tuesday, according to the sheriff.
Notified of the warrant, the sheriff said Lovelace came in and was released on his own recognizance.
The county planner was charged with trespassing without authority or remaining on Scott Hudson's property after having been forbidden to do so. The incident occurred on or about June 30, according to the sheriff.
Sheriff Oakes called the violation a class one misdemeanor and said that Lovelace is scheduled to be arraigned Monday, August 2, in General District Court.
"Lovelace was there doing his job," said county administrator Dan Sleeper. "He had gone to several confined animal feeding operations investigating lagoons because of complaints he had received.
"How (else) is the government going to maintain its ordinance? These were not criminal complaints," said Sleeper.
"The issue itself has brought out a lot of temperament," added the county administrator.

WASHINGTON (AP) - Justice Department officials are nearing a decision to end their criminal investigation of the tobacco industry without charges but are debating whether the evidence they gathered can now be used to prepare a civil lawsuit, a senior department official says.
A decision to close the criminal case has been anticipated for several months. Among subjects the investigation looked into was whether industry executives lied either to Congress or the Food and Drug Administration about their knowledge of nicotine's addictiveness or how it was used in the manufacture of cigarettes.
The congressional testimony from tobacco executives was delivered April 14, 1994, and the statements to the FDA were made as late as June of that year. In both cases, the five-year statute of limitations ran out this year without charges being filed.
Attorney General Janet Reno has authorized the department's civil division to prepare a lawsuit to recover billions of dollars spent by federal health insurance programs to treat tobacco-related illnesses.
A task force of civil division lawyers is studying 200,000 pages of industry documents disclosed during a Minnesota lawsuit against the tobacco companies. As the industry settled with most state governments, Minnesota received $6.6 billion to drop its suit.
The formal ending of the criminal investigation has been delayed in part by the debate over whether to transfer to the civil task force the industry documents and other evidence obtained during the criminal grand jury investigation, according to the department official, who spoke on condition of anonymity.
Because grand juries have more power to compel disclosure of information than plaintiffs in civil lawsuits, it is unusual, though not unheard of, for such transfers to occur.
A transfer would require permission for a limited exception to grand jury secrecy rules from Judge Norma Holloway Johnson, who, as the chief U.S. District Court judge here, supervises the grand jury that heard evidence in the case.
Without question, the tobacco companies would oppose such a transfer if Johnson allowed them to state a preference.

By ELLIOTT MINOR
Associated Press Writer
MOULTRIE, Ga. (AP) - Georgia Agriculture Commissioner Tommy Irvin, visiting flue-cured tobacco warehouses Tuesday on the opening day of auctions for this year's crop, appealed to tobacco company buyers to ''be good to our farmers.''
''A lot of our farmers depend on tobacco to keep themselves afloat,'' he said. ''There's a lot of uncertainty.''
Irvin said the crop's quality was normal for opening day. The U.S. Department of Agriculture reported prices of $135 to $154 per hundred pounds, compared with last year's opening-day average of $142.84.
The Georgia Agricultural Statistics Service rates Georgia's tobacco as 86 percent good to excellent, despite a drought and outbreaks of disease.
Growers are extremely concerned about the future of the crop in the wake of the multibillion-dollar tobacco settlement last fall. Cigarette makers agreed to pay $206 billion to states for the cost of caring for sick smokers. To fund the settlement, the companies raised cigarette prices by 45 cents a pack.
Because of declining cigarette consumption, growers have had their quota - the amount they are allowed to grow - cut by one-third in the last two years. In addition, growers' yields were reduced by 15 to 20 percent this season because of a serious outbreak of a plant disease called tomato spotted wilt virus.
With the prices of other commodities dismally low, growers like Larry Dier of Norman Park said they are hoping for good tobacco prices this season.
''That's the only thing we can make money on,'' he said. ''You can't make much from 50-cent (per pound) cotton.''
J. Michael Moore, a University of Georgia tobacco specialist, estimates the 1999 crop will be worth about $128 million.
Auctioneer Tripp Foy of Statesboro beckoned a group of buyers for the first sale at Moultrie's H&R Tobacco Warehouse about 8:30 a.m. The procession of about 30 buyers, ticket markers and assorted aides followed Foy's lilting auction chant among the rows of tobacco. Buyers made their bids with raised fists, grunts and fingers.
Foy, an auctioneer since 1972, said his vocal chords were in good form for opening day.
''They'll be fine for the next few days, but by Thursday you know you've been working,'' he said.
Jim Hunt, a partner in H&R Tobacco Warehouse, said he was satisfied with the early prices.

Investigators are looking into a suspicious fire that destroyed an old stable in Halifax early Sunday morning, July 25.
Halifax Police Chief Shawn Sweeney said that Halifax Officer T. Mocarsky was patrolling the North Main Street area around 2:30 a.m. when she smelled smoke.
"She smelled the smoke, found the fire and alerted the fire department," Sweeney said.
Mocarsky traced the smoke to an old wooden structure used as a combination stable and storage barn at 231 North Main Street in Halifax.
At the time of the fire, Halifax Fire Department Chief Wayne King was at his mother's house, which is located near where the fire broke out, Sweeney said.
"He was the first one on the scene and he went and got a truck and got everyone putting water on it," Sweeney continued.
The property owner, Diane Briggs, awakened to the sound of her dogs barking, and immediately detected a glow in the night sky caused by the fire.
The blaze destroyed the structure and several bales of hay inside, State Police Investigator Larry Bishop said.
Few details are being released at this time due to the ongoing investigation, Bishop said, but he did say that the fire was suspicious.
"We're calling it suspicious right now, but we're not finding a whole lot to go on because the structure was so burned. It's what we call a black hole. It was burned to the ground," Bishop explained. "Right now we've collected samples and they've been sent off to Richmond to be analyzed for accelerants and petroleants."
Sweeney estimated damages in excess of $15,000. Two horses were outside of the barn but were not injured.

If we dig it, will they come?
Members of the Midway Volunteer Fire Department hope they have hit pay dirt in their latest scheme to raise money to purchase expensive fire-fighting equipment.
They dug a pit, added water, stirred, and the people came. Not even the near 100 degree temperatures and an unshaded spectator area kept Saturday's Mud Sling fans from cheering on the more than 75 drivers who challenged the mirey muck.
Like other volunteer fire departments around the county, Midway raises funds by cooking stews, holding raffles and even stages a Halloween Party for youngsters every fall.
Older veterans credit the younger volunteers with this latest idea which is attracting hundreds of fans.
Monty Lowery, among the youngest Midway firemen, once raced his own rig in the mud. Lowery persuaded the organization to conduct the first mud event in the spring and that early success prompted a second mud sling last week. A third will be held October 2.
Staged in the Virgilina community just off US 58 west of the fire department and on land belonging to Al Vaughan, over 800 spectators paid $10 just to see the mud slingers do their stuff. Midway then charges driver entry fees from $20 to $40 and another $6 bucks for a wash job after the runs.

Mud Sling paraphernalia including t-shirts and caps are produced and sold at the track. Concessions stands offer the usual hot dogs, burgers, Polish sausage, cold drinks other munchies.
Lowery says much of the income so far has been used to create the race areas which are 100 and 250 feet in length, install guard rails and other safety equipment and purchase liability insurance.

Woodrow Lacy Morris, 62, of 11540 Virgilina Road, Roxboro, NC died Sunday, July 25, 1999 in Veterans Administration Hospital, Richmond.
Mr. Morris was a native of Halifax County, the son of Willie O. and Bessie Tuck Morris and was married to Cordelia Stigall Morris. He was a member of High View Baptist Church, was founder of Triple Springs Volunteer Fire Department, was a U.S. Army Veteran serving as a Military Police Officer, and was a member of the Paralyzed Veterans of America.
Funeral services will be held at 3 p.m. today, July 28 in High View Baptist Church by Rev. J.D. Moore. Burial will follow in the church cemetery.
Surviving Mr. Morris are his wife of the home; one son and his wife, Lacy and Kimberly Morris of Burlington, NC; one grandson, Dalton Morris of Burlington; four brothers, Albert, Henry, Gerald and Franklin Morris, all of Virgilina; and two sisters, Beatrice M. Buchanan of Clarksville and Barbara M. Holt of Cluster Springs.
Those wishing to give memorials are asked to consider The Paralyzed Veterans of America, Virginia Mid-Atlantic Chapter, 11620 Busy Street, Richmond, VA 23236.

Rev. Joseph 'Joe' Edward Moorefield of Greensboro, NC died Sunday, July 25, 1999 at his home. He was 75 years of age.
The funeral will be held at 11 a.m. today, July 28 at Spring Garden Friends Meeting with burial following at Guilford Memorial Park.
Rev. Moorefield was a veteran of the U.S. Army having served in World War II with the 401st Fighter Squadron. He was a minister with the North Carolina Yearly Meeting of Friends for 44 years, and served as Chaplain for VFW Post 11533.
Survivors include his wife, Dorothy Brewer Moorefield of the home; one son, Steve Moorefield and wife, Jane of Chattanooga, TN; one daughter, Sharen M. Scarborough of Greensboro; two sisters, Frances M. Riddle of Halifax and Edith M. Talley of Alton; two brothers, James L. Moorefield of Greensboro and Allen L. Moorefield of South Boston; grandchildren, Amanda Moorefield of Chattanooga and Matt Scarborough of Greensboro; one great-granddaughter, Kassidy Jackson of Chattanooga.

Those wishing to give memorials are asked to consider Hospice at Greensboro, 2500 Summit Avenue, Greensboro, NC 27405; the American Heart Association, 111-D Pomona Drive, Greensboro, NC 27407; or the American Cancer Society, 4 Oak Branch Drive, Greensboro, NC 27407.

Norvel Thomas Smith, 87, of Altavista died Monday, July 26, 1999 in Camelot Hall of Lynchburg. He was the husband of the late Pearlie Dawson Smith.
Born April 5, 1912 in Virginia, Mr. Smith was a son of Edward W. and Mary Shumaker Smith. He was a member of Edge Hill Baptist Church and a retired employee of the Lane Company.
Survivors include three sons, Larry Smith and his wife, Rachel of Evington, Edward Smith of Macon, GA and Fred Smith and his wife, Kaye of Nathalie; two daughters, Janie Cocke of Altavista and Shirley Short and her husband, Frank of Halifax; two brothers, Garland Smith of Richmond and Roy Smith of Chesterfield; three sisters, Winnie Smith of Richmond, Bertha Toney of Dillwyn and Ann Yarbough of Glen Allen; 13 grandchildren and nine great-grandchildren.
A funeral service for Mr. Smith will be conducted at 11 a.m. Thursday, July 29 in Edge Hill Baptist Church by Revs. Charlie Harward and Don Cockes. Burial will follow in the church cemetery.

The family will receive friends at Finch & Finch Funeral Home, Altavista, from 7 until 8:30 this evening.

Ernest Lee Farrar, 88, of Chase City died Tuesday, July 27, 1999 at Halifax Regional Hospital.
Mr. Farrar was born in Clover on August 30, 1910 the son of James and Priscilla Farrar. He was employed by Giles and Newcomb Funeral Homes for many years and was employed by Giles-Harris Funeral Home, Inc. until his illness. He was an Elder and member of Thyne Memorial Presbyterian Church and was a member of the Elk Lodge in Chase City.
Survivors include one daughter, Dorothy M. Gary of Roselle, NJ; one son, Ernest Cartrelle Farrar of Chase City; one grandson, Bertram Giles Gary of Metter, GA; three sisters, Annie Jones and Robena Farrar, both of Newark, NJ and Virginia Wilborne of Saxe.
Funeral services for Mr. Farrar will be held at 11 a.m. Saturday, July 31 at Thyne Memorial Presbyterian Church in Chase City with Rev. Sylvester Bullock officiating. Burial will follow in the church cemetery.
The family will receive friends Friday evening from 7 until 8:00 at Giles-Harris Funeral Home in Chase City.

Margaret Farmer Suit of 1716 Vaughan Street, South Boston died Monday, July 26, 1999 at Berry Hill Nursing Home. She was 77 years of age.
Mrs. Suit was born in South Boston on May 25, 1922 the daughter of Howard Belt Farmer and Sudie Greenwood Farmer and was married to Daniel Paul Suit. She was a member of First Baptist Church, was a retired librarian with the City School System, a member of the American Legion Auxiliary and a member of the WMU at First Baptist Church.
Mrs. Suit is survived by one son, Howard A. Suit of VA Beach.
Graveside services will be held Thursday, July 29 at 11 a.m. at Oak Ridge Cemetery with Rev. Dr. Bob Fox conducting the service.
The family will receive friends at Powell Funeral Home this evening from 7 until 8:30 and other times at the home.

Those wishing to give memorials are asked to consider First Baptist Church Memorial Fund.