WQ Lingerfelt-02102017_dry poultry

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Water Resources S.JAY ZIMMERMAN
Environmental Quality Director
February 10, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kenneth J. Lingerfelt
Jeff Lingerfelt Farm
7338 West Hwy 27
Vale,NC 28168
Re: NORTH CAROLINA DRY POULTRY
LITTER REQUIREMENTS
Jeff Lingerfelt Farm
Lincoln County
Dear Mr. Lingerfelt:
On November 7, 2016, and December 9, 2016, staff of the North Carolina Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS), received complaints
referencing Jeff Lingerfelt Farm and the waste management procedures currently being utilized
on property located at 7969 Hallman Mill Road, Vale. Attached, please find the North Carolina
Dry Poultry Litter Requirements pertaining to the stockpiling and application of dry poultry
litter. This guidance document references the applicable DWR Regulations and Statutes that are
available to you online at http://portal.ncdenr.org/web/wqlaps/afo, or upon request through the
Division.
As a result of the complaints that allege that your waste is being improperly managed, we are
requesting that you:
1. Review the attached information. Identify any compliance issues that may exist, address
as needed, and document the actions taken.
2. Submit the documentation described above along with any supporting documentation (ie.
Waste Analysis, Soil Analysis, etc.), and a copy of your Waste Utilization Plan (WUP) to
DWR [E-Mail: [e-mail] <or> use the regional office address located
below]. The local Soil & Water Conservation District should have a copy of your
Facility WUP if needed.
3. Contact James Bealle at [phone] to schedule a Site Visit <and/or> to determine if
additional corrective actions are necessary to resolve the complaints.
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704-663-1699

Jeff Lingerfelt Farm
NORTH CAROLINA DRY POULTRY
LITTER REQUIREMENTS
February 10,2017
Page 2
Please note that this is the fifth complaint regarding uncovered stockpiled litter at this location
that we have received since July, 2016. It may be beneficial for you to consult with a Technical
Specialist with the local Soil & Water Conservation District for additional information and
suggestions on litter management and storage to maintain compliance in the future.
We are hopeful that we may resolve the complaints in a timely manner. To achieve this, we are
requesting that you coordinate with DWR at your earliest convenience. Should you have any
questions concerning the complaints received or this letter, please contact Mr. Bealle or me at
[phone], or E-Mail:[e-mail], [e-mail].
Sincerely,
6il\N
Andrew H. Pitner, P.G.,Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources
enclosures: North Carolina Dry Poultry Litter Requirements
Digital Photographs received on November 7, 2016, and December 9, 2016
cc: Sam Perkins, Catawba Riverkeeper via E-Mail
Case Foods, Inc.
Division of Soil and Water Conservation via E-Mail
Lincoln Soil and Water Conservation District
Central Files
Regional Files
jb

PAT MCCRORY
Governor
t,a
DONALD R. VAN DER VAART
Secretary
Water Resources
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
Director
Dry Litter Poultry Requirements
1. Litter shall not be stockpiled within 100 feet of perennial streams or wells.
2. Litter shall not be left uncovered for more than 15 days.
3. For land application, a setback of 25 feet from perennial streams 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 that even if the above requirements are met, it is still the responsibility of the producer to make
sure that there is no discharge to waters of the State.
4. Litter shall be applied at rates that do not exceed the agronomic rate of the receiving crop. The rates
may be based on NCDA&CS soil test recommendations or NRCS Standards(realistic yield
expectations). For more information on realistic yield expectations, contact a technical specialist with
the Cooperative Extension Service,NRCS,NCDA&CS, or your local Soil and Water Conservation
District.
5. 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 hauler/farmer.
The State average N content for dry litter as shown in the North Carolina Agricultural Chemical
Manual published annually by NCSU may be used to calculate application rates in lieu of individual
waste analysis; however, waste analysis is still required. Info on waste analysis procedures is
available from the Cooperative Extension Service, publication number AG-439-33,Soil Facts: Waste
Analysis,at http://www.soil.ncsu.edu/publications/Soilfacts/AG-439-33/
6. A soil analysis is required 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
http://www.soilmcsitedu/publications/Soilfacts/AG-439-30/
7. Recordkeeping for dry litter poultry. All records shall be kept for three years, including but not
limited to:
• Soil test and waste analysis results
• Land application records
• Records of litter sold or given to a 3rd party. For litter that is given to a 3rd party,the
following information must be maintained:
o Amount of litter removed
o Date litter was removed
o Name, address, and phone number of the manure hauler
State of North Carolina I Environmental Quality l Water Resources/Water Quality Regional Operations
1636 Mail service Center I Raleigh,North Carolina 27699-1636
919 807 6464

Dry Litter Requirement
June 30,2016
Page 2 of 2
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 be stopped on a field if copper and 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. When litter is given to a 3`d party,the following requirements apply:
• Recordkeeping requirements in#8 above,except for land application records
• A copy of the current waste analysis must be provided to the 3`d party
• Provide a copy of these guidelines to the 3`d party.
For dry litter operations that give away/sell all litter to a 3`d party or hauler:
• If the 3`d party applies litter to land that is owned by the litter generator,then that land must
be included in the litter generator's Waste Utilization Plan.
• If the 3`d party hauls all litter away, and applies it to other 31d party fields,then the litter
generator does not need to have fields listed in the Waste Utilization Plan. In this case,a plan
is still needed. The plan would be similar to the format suggested in#1 above, but it would
just state that all litter is hauled away.
This is not meant to be a complete list of requirements,but to give poultry growers a summary of the
regulations that are in place.
Questions:
Animal Feeding Operations
Division of Water Resources
[phone]
[e-mail]

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