760068_NOV-2021-PC-0457_20210915

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 15, 2021
CERTIFIED MAIL No. 7020 1810 0001 2074 9246
RETURN RECIPET REQUESTED
Mr. Archie B. Priest, Jr.
1757 Shepherds Way
Asheboro, North Carolina 27205
SUBJECT: Notice of Violation
NOV-2021-PC-0457
Stockpiled Poultry Litter on Pleasant Cross Road
Parcel PIN #7782502277
Permit No. AWD760068
Randolph County
Dear Mr. Priest:
On March 8, 2021 Division of Water Resources (DWR) Winston Salem Regional Office
(WSRO) responded to multiple complaints regarding environmental issues related to
stockpiled poultry litter on Parcel PIN #7782502277. A records review conducted by DWR
staff indicated that you are the owner of record of the subject parcel located on Pleasant
Cross Road, as referenced in the attached map.
Shortly after the initial complaint in March 2021, DWR became aware that Mr. Tim Whitley
(copied to this Notice) may have been the responsible party for the poultry litter and DWR
staff contacted him directly to try and resolve the complaint. DWR met him at the property
on March 23, 2021. DWR staff reviewed the site and discussed environmental rules
related to animal waste systems requiring stockpiled poultry litter to be covered or spread
within 15 days. On April 8, July 20, and August 30, 2021 DWR staff conducted site visits
to review the progress on covering or spreading the litter pile. At each of these visits the
little pile was uncovered or partially covered and no significant progress had been made
in spreading the litter.
As a result of this incident, you are hereby notified that the site has been found to be in
violation with 15A NCAC 2T Section .1303 Permitting by Regulation and General Statutes.
As the owner of record to the subject parcel, you are receiving this notice and may be
held liable should future violations occur. The violation is as follows:
NORTH
D E
Dopartmom of Envimnmomni au.i`
North Carolina Department of Environmental Quality Division of Water Resources
Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Violation 1:
In accordance with 15A NCAC 2T .1303(a)(2)(D) Permitting by Regulation, animal waste
is not to be stockpiled uncovered for greater than 15 days.
Based on site observations, the stockpiled poultry litter has been uncovered for a period
greater than 15 days.
Required Corrective Action for Violation 1:
The subject stockpile of litter should be land applied at agronomic rates. Please note that
uncovered stockpiled litter must be sufficiently covered within 15 days in cases where
application events are prolonged. Additionally, stockpiled litter shall not be located closer
than 100 feet from a perennial stream or perennial waterbody. A setback of at least 25
feet shall be maintained to a perennial stream or perennial waterbody during land
application events. Also, any discharge of wastewater (leachate) to surface water or
wetlands is prohibited. Take all necessary steps to ensure poultry litter is properly stored
and applied within fifteen (15) days of receipt of this notice.
For reference, animal waste management system rules, requirements, and information
can be found at the following address: https://deq.nc.gov/about/divisions/water-
resources/water-quality-permittinq/animal-feeding-operations. Additionally, please find
the attached pictures documenting site conditions.
If you have any questions concerning this Notice, please contact Caitlin Caudle or me at
(336)-776-9800.
Sincerely,
DocuSigned by:
LoA 1 5AAltr
'-145B49E225C94EA..
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
Enc: Map of property
Site Pictures
Poultry Litter Guidelines
Cc: Animal Feeding Operations Unit
Randolph County NRCS
WSRO Electronic Files
Tim Whitley
LD_E
NORTH CAROLINA
Department of Environmental quaky
North Carolina Department of Environmental Quality j Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

9/15/2021
Randolph County GIS
Randolph County, NC
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Disclaimer: This map was compiled from recorded deeds, plats, and other public records
and data. Users of this data are hereby notified that the aforementioned public information
sources should be consulted for verification of the information. Randolph County, its
agents and employees make no warranty as to the accuracy of the information on this map.
Map Scale
1 inch = 333 feet
9/15/2021
https://gis.randolphcountync.gov/randolphjs/ 1/1

March 8, 2021

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
Dry Litter Poultry Requirements
Per NC General Statute 143-215.10C and Administrative Code in 15A NCAC 02T .1303, dry
litter poultry operations are deemed permitted. This means that while these operations are
not required to apply for permits, they must follow general requirements as outlined in
statutes and rules. Following is a summary of these requirements for all dry litter operations
over 30,000 birds.
1. Litter shall not be stockpiled within 100 feet of perennial streams, waterbodies, or wells.
2. Litter shall not be applied within 100 feet of a well.
3. Stockpiled litter shall not be left uncovered for more than 15 days.
4. Litter shall not be applied on land that is frozen, saturated with water, or snow covered at
the time of application.
5. Litter shall not be applied during a precipitation event.
6. For land application, a setback of 25 feet from perennial streams and perennial waterbodies
must be maintained. However, land appliers should be aware of setbacks from all ditches
and intermittent streams. Runoff of litter due to improper land application can lead to
discharges which can result in violations or enforcement actions.
NOTE: Even if the above requirements are met, it is still the responsibility of the generator or
manure hauler (if used) to make sure that there is no discharge to waters of the State.
7. Litter shall be applied at rates that do not exceed the agronomic rate of the receiving crop.
The rates may be based on NC Department of Agriculture & Consumer Services (NCDA&CS)
soil test recommendations or Natural Resources Conservation Service (NRCS) Standards. For
more information on realistic yield expectations (RYE), contact a technical specialist with
the Cooperative Extension Service, NRCS, NCDA&CS, or your local Soil and Water
Conservation District.
8. Develop and maintain a Waste Utilization Plan (Nutrient Management Plan). At a minimum,
the waste plan must contain a list of fields used for land application, the crops to be grown,
and the maximum application rate for each crop/field. While recommended, it is not
required for plans be developed by a certified technical specialist. An example waste plan is
available at http://www.ncagr.gov/SWC/tech/guidancedocuments.html
9. Litter shall be sampled as close to the time of application as practical, but at least within 60
days of the land application event. If manure is given or sold to a 3rd party, it is still the
responsibility of the generator to conduct the waste analysis, and provide a copy to the 3rd
party or manure hauler.
D_E
NOk r H CAROLINA
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776,9800
D,partmBnt of Fmironmont,I P.lity

The state average nitrogen (N) content for dry litter as shown in the North Carolina
Agricultural Chemical Manual published annually by NC State University may be used to
calculate application rates in lieu of individual waste analysis; however, waste analysis is still
required. Information on waste analysis procedures is available from the Cooperative
Extension Service, publication number AG-439-33, Soil Facts: Waste Analysis, at
https://content.ces.ncsu.edu/waste-analysis.
7. A soil analysis is required at least once every three years for all fields that receive litter using
the standard soil fertility analysis, available from NCDA&CS. Information on soil sampling
procedures is available from the Cooperative Extension Service, publication number AG-
439-30, Soil Facts: Careful Soil Sampling -The Key to Reliable Soil Test Information, at
https://content.ces.ncsu.edu/careful-soil-sampling-the-key-to-reliable-soil-test-information.
8. Lime shall be applied to fields as specified by the Soil Test Report to assure suitable conditions
for crop growth.
9. Litter application must stop on a field if copper or zinc soil concentrations reach an Index level
of 3,000. As a proactive measure, waste generators should begin seeking alternate fields if
the level exceeds 2,000.
10. Recordkeeping. All records shall be kept for three years, including but not limited to:
• Soil test and waste analysis results
• Date and estimated volume of litter removed
• Land application records — when, where, and how much
• Records of litter sold or given to a 3rd party including the amount of litter removed,
the date litter was removed, and the name, address, and phone number of the
manure hauler.
11. When litter is given to a 3rd party, the following requirements apply:
• Recordkeeping requirements in #10 above,
• A copy of the current waste analysis must be provided to the 3rd party,
• Provide a copy of these guidelines to the 3rd party.
12. For dry litter operations that give/sell litter to a 3rd party or manure hauler:
• If the 31-d party applies litter to land that is owned/leased by the litter generator,
then that land must be included in the litter generator's Waste Utilization Plan.
• If the 3rd party hauls all litter away, and applies it to other 3rd party fields, then the
litter generator does not need to have fields listed in the Waste Utilization Plan;
however, a plan is still needed. The plan would be similar to the format suggested in
#5 above, but it would just state that all litter is hauled away.
Manure Haulers are regulated in Administrative Code in 15A NCAC 02T Section .1400. It is
strongly recommended that owners of dry litter poultry operations verify that any manure hauler
they use complies with all requirements — including registering with the Division of Water
Resources.
This is not meant to be a complete list of requirements, but to give poultry growers and the
public a summary of the regulations that are in place. For more information, you can visit
our webpage: https://deq.nc.gov/about/divisions/water-resources/water-resources-
permits/wastewater-branch/animal-feeding-operation-permits/dry-litter-poultry or
contact:
Animal Feeding Operations Program
Division of Water Resources
[e-mail]