HomeMy WebLinkAboutWQ0038087_Notice of Violation_20231214ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 14, 2023
CERTIFIED MAIL No. 7019 1120 0001 5505 1381
RETURN RECEIPT REQUESTED
David C. Coyle, Environmental Manager
Terra Renewal Services, Inc.
P.O. Box 1746
Watkinsville, GA 30677
SUBJECT: Notice of Violation (NOV-2023-PC-0609)
Incident No. 202301552
Terra Renewal Services RLAP
Permit No. WQ0038087
Wilkes County
Dear Mr. Coyle:
On November 16, 2023, Division of Water Resources staff received an odor complaint reportedly
related to land application activities in the Roaring River, NC area. Division staff Caitlin Caudle
investigated the area in question and tracked the source of the odor to land application activities
in field MRF-20, a permitted field associated with Permit No. WQ0038087. Notification of land
application activities was provided to this office on November 13, 2023.
An inspection of the application field showed that land application was actively occurring.
Residuals were being land applied and incorporated within six hours as required by the permit. A
frac tank was being used as temporary storage at the field. The previous crop (corn) was still
standing.
The following violations were noted:
1. Per Permit Condition 11.10 "Class B land application areas shall be clearly marked on
each site prior to and during any residuals application event." At the time of inspection,
the application area of field MRF-20 was not clearly marked. Ms. Caudle discussed this
permit requirement with the operator, who stated that the application area was not clearly
marked due to the standing corn. Ms. Caudle advised that tilling the buffered areas is an
acceptable alternative until flags can be placed.
This is a violation of the subject permit as the application areas were not clearly marked
prior to land application activities. Moving forward, ensure that all application areas
are marked.
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
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Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
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2. Per Permit Condition 111.3.b Class B residuals shall not be land applied ... if the
application causes nuisance conditions. As stated above, an odor complaint was reported
to the Winston Salem Regional Office on November 16, 2023. Additional odor complaints
were received by this office on the followinq dates:
October 27, 2021
Incident No. 202102090
December 12, 2022
Incident No. 202201861
April 11, 2023
Incident No. 202300733
May 8, 2023
Incident No. 202300802
Complainants have relayed that the odor from this operation are a community wide issue
in the Roaring River, NC, area. The odor complaints constitute a nuisance condition as
the quality of life and enjoyment of one's property has been removed due to land
application activities.
This a violation of the subject permit as land application activities have caused multiple
documented instances of nuisance conditions. Land application activities must cease
until an alternative pathogen and vector reduction method has been approved by
the Division and implemented to reduce the nuisance conditions. Provide a Plan of
Action to the Winston Salem Regional Office within 30 calendar days of receipt of
this Notice.
If you have any questions regarding this Notice, please contact Ms. Caudle at the letterhead
address and phone number, or by email at Caitlin.caudle(a-)deg.nc.gov.
Sincerely,
DocuSigned by:
OD2D3CE3F167456...
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
Cc: Luke Mathis (electronic copy)
Jordan Mathis (electronic copy)
Nathaniel Thornburg, Central Office (electronic copy)
Wilkes County Environmental Health (electronic copy)
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
336.776.9800