WQ0038087_Notice of Violation_20240821

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Delivered electronically via email to: David.coyle _denaliwater.com
August 21, 2024
David C. Coyle, Environmental Manager
Terra Renewal Services, Inc.
P.O. Box 1746
Watkinsville, GA 30677
SUBJECT: Notice of Violation (NOV-2024-PC-0489)
Incident No. 202401333
Terra Renewal Services RLAP
Permit No. WQ0038087
Wilkes County
Dear Mr. Coyle:
On August 2, 2024, Division of Water Resources (Division) staff received an odor
complaint and several reports of excessive flies in the Roaring River, NC area. Division
staff Caitlin Williams and Kristen Potwora investigated the area in question on August 6,
2024 and tracked the source of the odor to land application activities in field CH-3, a
permitted field associated with Permit No. WQ0038087. Jordan Mathis, Mathis Farms,
met staff on site.
An inspection of the application fields and available records showed that land application
at CH-4 started on June 24, 2024, and land application was actively occurring at CH-3 at
the time of the site visit. Residuals were being land applied and incorporated within six
hours of land application as detailed in 15A NCAC 02T .1107(a)(10)(A). A frac tank was
being used as temporary storage at the field. Staff noted strong odors around the land
application field and frac tank, many flies around the frac tank, and crows within the
application field. Accordingly, the following violations of the subject permit were
documented during the site inspection:
Violations
1. Per Permit Condition 111.3 the Permittee shall notify the Winston Salem Regional
Office at least one business day in advance of conducting any land application
activity. A review of available records showed that Division staff did not receive a
notification prior to the commencement of land application activities at this site
(CH-1, 3, 4). Failure to notify prior to land application activities was also noted in
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
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336.776.9800

NOD-2024-PC-0120 dated July 18, 2024, NOD-2023-PC-0218 dated August 15,
2023, and NOD-2022-PC-0205 dated January 5, 2023. This is a violation of the
subject permit.
2. Per Permit Condition 111.3.b Class B residuals shall not be land applied ... if the
application cause nuisance conditions and Permit Condition 11.7 Class B
biological residuals shall meet one of the vector attraction reduction alternatives in
15A NCAC 02T .1107(a). Per 15A NCAC 02T .1102(41) vector attraction shall
mean the characteristic of residuals that attract rodents, flies, mosquitoes, or other
organisms capable of transporting infectious agents. The vector attraction
reduction alternative used by this residuals management program is incorporation.
Complainants relayed that flies have been prevalent all summer while land
application activities were occurring. Staff observed many flies around the frac tank
and the application area, and crows within the application field. As defined above,
flies and crows are vectors capable of transporting infectious agents. Staff also
noted strong odors around the frac tank and application area, creating a nuisance
condition for residents. This is a violation of the subject permit.
Required Response
Nuisance conditions were also noted in NOV-2023-PC-0609 dated December 14, 2023.
The required response for NOV-2023-PC-0609 was a Plan of Action detailing alternative
pathogen and vector reduction methods as incorporation of residuals caused several odor
violations. The proposed alternative in the Plan of Action dated December 22, 2023 was
injection, which would be implemented immediately. At the time of inspection,
incorporation was still being used. Mr. Mathis stated that incorporation was used for a
time, but the equipment broke, and parts have been ordered to upgrade the existing
equipment by the end of the calendar year.
Considering the information above and the nature of the residuals applied, the Division
considers incorporation to no longer be an effective vector attraction reduction method
for this activity. Land application activities must cease until an alternative vector
reduction method has been implemented and land application activities can adhere
to the following requirements:
• Fly control measures are implemented around the frac tank,
• The degree of disturbance to the land application field after the first
instance of incorporation is minimized,
• Receiving crops are planted as soon as possible.
Within fifteen (15) days, provide a written response detailing all corrective actions
that will be taken to resolve these violations.
NORTH CARCLINAD ��R
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North Carolina Department of Environmental Quality 1 Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

The Division of Water Resources may pursue enforcement actions for this and any
additional violations that may be encountered. This Office requires that the violations, as
detailed above, be abated and immediately and properly resolved.
If you have any questions regarding this Notice, please contact Mrs. Williams at the
letterhead address and phone number, or by email at caitlin.williams(a deg.nc.gov.
Sincerely,
DocuSigned by:
OD2D3CE3F1 B7456_.
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)
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
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