Contact: Don Reuter, 919/715-4112
Date: January 12, 2000 Distribution: Targeted
Parties Reach Settlement On Emergency Spraying Practices
RALEIGH - Lawyers representing the Department of Environment and Natural Resources (DENR), hog farmers and environmental groups reached an agreement last night that led to the adoption today of revised emergency spraying practices for managing animal waste through the winter months in the aftermath of hurricanes and associated flooding. As a result of the adoption of the revised spraying practices, the parties have agreed to dismissal of legal action challenging the earlier version of the practices.
After the parties agreed to the changes, the N.C. Soil and Water Conservation Commission unanimously approved the revised spraying practices at a meeting in the Research Triangle Park. The revisions modify practices that the commission approved November 5 and include the reduction of certain hog waste application rates to assure their consistency with "agronomic rates" (the level at which nutrients are properly absorbed by growing plants and crops) from those included in the original policy.
For woodlands, the revised practices maintain application rates at 100 pounds per acre of plant available nitrogen (PAN) for hardwoods and 60 pounds per acre for pines. However, an added measure prohibits any waste from being applied to hardwoods or pines that are located in wetlands or within 50 feet of a stream or waterway.
In addition, a maximum application PAN rate of 150 pounds per acre was established for small grains and winter grasses. However, application rates greater than 120 pounds per acre on small grains and winter grasses must be supported by data and documentation from a technical specialist and must demonstrate that the rate meets state and federal guidelines and will be reviewed by the Division of Soil and Water Conservation. The previous maximum rate for small grains and winter grasses had been set at 200 pounds per acre in the original policy.
The revised practices and dismissal, which will be filed in the next few days, will resolve a pending legal action related to the spraying practices approved November 5. In that case, a restraining order was issued on December 10, 1999 by Administrative Law Judge Fred G. Morrison in the N.C. Office of Administrative Hearings (OAH). Judge Morrison issued the restraining order in response to a motion filed by the Southern Environmental Law Center in Chapel Hill on behalf of the Neuse River Foundation, the Neuse River Keeper and the Alliance for a Responsible Swine Industry. On December 17, 1999, DENR, representatives of the hog industry and environmental groups mutually requested a 30-day extension of the order and agreed to work to resolve the dispute. The extended order was due to expire on January 21.
"The parties involved worked diligently to address the main issues of concern and hammered out a workable resolution," said DENR General Counsel Dan McLawhorn. "We believe these revised practices will allow the growers much-needed management flexibility but maintain important environment safeguards."
The initial emergency guidelines were developed based on consultation with experts at N.C. State University. The rates were increased as part of recent emergency best management practices (BMPs) approved November 5 by the N.C. Soil and Water Conservation Commission to address dangerously high lagoon levels created by heavy rainfall and flooding associated with hurricanes Dennis, Floyd and Irene. The BMPs were intended to offer growers operating flexibility in an effort to protect lagoons from seepage, overflows and potential failure. Lagoons at six pork facilities in eastern North Carolina failed in the aftermath of the storm and more than 40 other animal operations were flooded.
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