Category: Newsletter

Reprinted from NC Health News by Will Atwater

A year after a collapsed digester caused nearly a million gallons of hog waste to escape, investigators found high levels of fecal bacteria in a nearby waterway.

Last August, during a routine surveillance flyover, Samantha Krop spotted something odd at White Oak Farm, a Wayne County biogas and industrial hog farm operation.

“I noticed that the lagoon, which is a covered lagoon, meant to be producing biogas through the anaerobic digestion process, was flattened, and it just looked different,” said Krop, the Sound Rivers Neuse Riverkeeper. 

Curious about what she’d seen during the flight, Krop decided to dig through the N.C. Department of Environmental Quality’s records for possible answers.

“We found sort of a treasure trove of documents outlining a major spill that had happened there over Memorial Day weekend,” Krop said.

In May 2022, the owners of White Oak Farm reported to the NCDEQ that nearly a million gallons of hog feces, decomposing hog carcasses and food waste seeped from a failed hog waste “digester” and spread out over surrounding fields. Of the total waste amount, 10,745 gallons also entered the Nahunta Swamp, a “water of the state,” according to an NCDEQ release issued in December of last year.

Accounts differ regarding how much waste flowed from the site into nearby wetlands. In a Sept. 6, 2022 article, the News and Observer reported that a minimum of “37,000 gallons” of hog waste, roughly three times the amount reported by NCDEQ, had reached nearby wetlands.

By the close of 2022, NCDEQ’s Division of Water Resources issued a $34,520 fine to the operators of White Oak Farm “related to a May 2022 waste discharge at an animal operations facility in Wayne County,” according to the agency.

A notice of more infractions

Earlier this month, roughly a year after Krop’s surveillance flyover, NCDEQ sent a letter to B&B Partnership, the owners of White Oak Farm, informing them that the Nahunta wetland is still being affected by runoff from the farm.

Specifically, water sampling tests performed in March and April revealed “high levels of fecal coliform and nutrients in an unnamed tributary to Nahunta Swamp west of the digester at your facility,” according to the letter.

Also spelled out in the letter is that the amount of fecal coliform — the type of bacteria present in feces that can cause illness in humans and animals — far exceeds the allowed standards during testing that extended over at least a month’s time.

The second violation identified in the letter concerns the ongoing point-source discharge into nearby Nahunta Swamp. White Oak Farm is required to “eliminate the discharge of animal waste to surface waters and groundwater through direct discharge, seepage, or runoff,” according to the letter. To achieve this goal, “all earthen structures must include a synthetic liner often made of reinforced polypropylene to prevent seepage.”

Responding to a query from NC Health News about a liner requirement for lagoons, a spokesperson for the NCDEQ Division of Waste Resources offered the following response:

Under White Oak Farms’ individual permit, the lagoon is clay-lined and does not have a synthetic liner. However, additional groundwater monitoring, with data submitted to the state, was required by the permit to demonstrate conformity with groundwater provisions. Under state law the farm was allowed to expand animal headcount by installing an ‘innovative animal waste system’ intended to prevent groundwater contamination. The recent [notice of violations] sent to the farm, based on surface water monitoring data collected by the Division, noted that the installed system was not functioning as intended or allowed under its permit.

More digesters, more problems?

As word of the bio-digester collapse that led to environmental contamination became public, Krop and other environmentalists expressed disappointment with how NCDEQ handled the situation.

“This facility has a clear history of illegally discharging waste, and DEQ knew it,” Krop said in a release. “They failed to take meaningful action to prevent a major pollution event from happening and failed to adequately notify the public.”

A year later, Krop is glad that NCDEQ has continued its investigation of White Oak Farm.

“It is very encouraging to see that they opened up a pretty thorough investigation and are following up on this with a notice of violation,” she said. “I would say that’s what we would expect as a baseline response, given the severity of this ongoing pollution and the long history of violations at this facility.”

On a scale of one to 10, contract hog farmer and environmental activist Tom Butler said he’d give NCDEQ a two for handling the White Oak Farm situation. He said external pressures limit the agency’s ability to do its job. Butler uses a digester to convert hog waste into energy to power his farm. 

However, Butler is sensitive to his operation’s impacts on neighbors and the environment. He frequently speaks about how, he says, the industry and state government value profits above all else.

Cape Fear Riverkeeper Kemp Burdette is concerned that more industrial hog operations, and other entities installing or planning to install digesters to capture and convert methane to natural gas to sell on the market, will lead to more problems down the road.

“When you cover up a digester and prevent it from off-gassing ammonia, for instance, you’re concentrating the nitrogen that’s in the ammonia molecule in the digester,” he said. “So you’re likely to create more problems as water quality impacts go.”

Sources

Atwater, W. (2023). Wayne County wetland continues to suffer: Farm with massive hog waste spill nets new violations amid bacteria concerns. NC Health News. Retrieved from: https://www.northcarolinahealthnews.org/2023/07/28/wayne-county/

North Carolina Health News is an independent, non-partisan, not-for-profit, statewide news organization dedicated to covering all things health care in North Carolina. Visit NCHN at northcarolinahealthnews.org.

Press Release:

The U.S. Environmental Protection Agency (EPA) announced a proposed rule that would streamline and clarify the requirements and steps necessary for states and Tribes to administer programs protecting waterways from discharges of dredged or fill material without a permit. The Clean Water Act envisions collaborative implementation between EPA and state and Tribal co-regulators to protect our nation’s waters that support public health, thriving ecosystems, business development, recreation, agriculture, and more. EPA’s proposal would address key barriers identified by states and Tribes to administering Clean Water Act section 404 while expanding opportunities for Tribes to meaningfully engage in permitting actions.

“Many state and Tribal partners share EPA’s goal of protecting our nations waterways as envisioned by Congress and embodied in the Clean Water Act. That’s why EPA is proposing this to strengthen our partnership with states and Tribes, ensuring clean water protections. Today’s proposal will support co-regulator efforts to administer their own programs to manage discharges of dredged or fill material into our nation’s waters.”

Radhika Fox, EPA Assistant Administrator for Water

Currently, three states administer their own Clean Water Act section 404 programs, which prohibit the discharge of dredged or fill material into a water of the United States without a permit. The last major update to these regulations occurred in 1988. This proposal responds to state and Tribal requests that EPA clarify the process to assume and administer the section 404 program, including which water bodies would be covered under the program and mitigation and enforcement responsibilities.

“The National Association of Wetland Managers (NAWM) supports efforts by EPA to clarify and expand opportunities for assumption of the Section 404 program. For many states and tribes, assumption can offer a way to improve protection of their wetlands and other aquatic resources. Program assumption can reduce duplicative state, Tribal and federal permitting requirements and increase integration with related water management programs.” 

Marla Stelk, National Association of Wetland Managers Executive Director

Proposed Rule Highlights:

Program Description

• The proposal clarifies what should be included in the program description when a state or Tribe requests to assume the section 404 program.
• The proposal provides direction on how a state or Tribe can demonstrate their program is consistent with and no less stringent than federal requirements, and how they can ensure and demonstrate that permits they issue are consistent with the substantive environmental permit review criteria as laid out by EPA for section 404 permits.

Retained Waters/ Adjacent Wetlands

• The proposal responds to longstanding requests from states and Tribes seeking clarity about which waters they can assume, and which waters are retained by the Corps.
• Consistent with current practice, when a state or Tribe assumes a section 404 program, project applicants should request permits from the Corps for discharges into retained waters and from the state or Tribe for discharges into assumed waters of the United States.

Program Approval and Withdrawal Procedures

• The proposal responds to concerns from states that it can be challenging to immediately administer the program upon program approval.
• The proposal provides for a default 30-day effective date between when EPA approves a state/Tribal section 404 program, and when the state or Tribe begins administering the program.
• The proposal provides flexibility by allowing for the effective date to be extended to 120 days upon mutual agreement between EPA and the state or Tribe.
• The proposal revises the current program withdrawal process to increase clarity and harmonize the withdrawal procedures with the approval procedures.

Compensatory Mitigation

• The proposal clarifies state and Tribal responsibilities and requirements for compensatory mitigation and requires an opportunity for federal review of certain mitigation instruments established by the state or Tribe.

Long-term Permitting

• The CWA limits state and Tribal permits to five years in length, but some projects extend well beyond five years.
• The proposal provides a clear approach for state and Tribal permitting of long-term projects, while also providing for the consideration of the full scope of environmental impacts.

Compliance and Enforcement

• The proposal clarifies that states and Tribes may prosecute violations under any criminal negligence standard, for purposes of state and Tribal CWA section 402 and 404 programs.

Resources:

Proposed Rule- Clean Water Act Section 404 Tribal and State Program Regulation

Proposed Rule Fact Sheet

EPA Press Release

Wetlands are ecosystems with a wide array of soil types, vegetation, and water qualities, primarily determined by geographic location and climatic conditions. Some of the most common types of wetlands are floodplains, mangroves, salt marshes, peatlands, forests, and freshwater marshes. The wetlands are distributed widely across the landscape and are a fundamental constituent of US aquatic resources. Namely, wetlands are significant because these ecosystems filter pollutants from air and soil, store carbon, provide wildlife habitat, and prevent flooding. Additionally, wetlands are used locally as recreation areas. 

Stress Factors

Human Activities

Human activities significantly threaten the existence of wetlands and maintain these services. Humans take various steps that make life easier and better, such as agriculture and urban development, but at the same time, these actions endanger the wetlands. Also, several natural processes are stressors for the wetlands, such as erosion and flooding, jeopardizing wetlands in the US and the entire planet.

Wetlands usually occur as small isolated patches in mountain meadows and can be found as strips along rivers and streams and as large groups along the southern and eastern coasts of the US. The primary function of wetlands is absorbing runoff and filtering surface water, and in this process, wetlands collect excess sediment, nutrients, and other pollutants. These natural sponges support ecological processes, including hydrology, soil, and vegetation development. The surrounding area around the wetland should be minimally disturbed to provide the best results. Consequently, the “buffer” area will directly impact the overall ecological condition.   

Human activities substantially affect climate change and, at the same time, intensify the stressors. As a result of long-term shifts in temperatures and weather patterns, the frequency of occurrence of extreme precipitation and droughts has increased, and the sea levels are progressively rising. For example, an inland wetland, the Prairie Pothole Region in the north-central part of the US, provides a breeding environment for more than 50% of North American waterfowl species. In the past, this area has experienced temporary droughts, and if the trend of dry periods continues, scientists predict a dramatic drop in waterfowl breeding grounds.

Rising Sea Level

Increased sea levels immensely stress the coastal wetlands due to the saltwater invasion (increased salinity), reduced barriers to storm surges, and increased erosion. When the physical conditions in the wetlands change, plants and animals respond to those changes. Some local species could become extinct, and others expand their range, thus distressing the balance. By monitoring the plant changes, scientists can notice early warning signs of environmental changes and respond appropriately. When joined with the predicted erosion rates due to sea-level rise, current levels of wetlands will exponentially decrease. They will no longer serve as natural barriers to flooding during natural disasters.

Wetland Loss

Despite all efforts, statistical data shows that annually the United States loses about 60,000 acres of wetlands. If you find it difficult to imagine the size of that area – that’s almost equal to 35,000 football fields!

What can you do to protect the wetlands? You can start locally with these five simple and essential steps.

Louisiana’s wetlands represent about 40% of the continental United States’ wetlands. They extend as much as 80 miles inland and along the coast for about 180 miles. Despite the abundance of wetlands in the state, Louisiana represents about 80% of the wetland losses in the United States.

Although not all wetlands are receding, when it comes to Louisiana, it is highly likely for this area to lose these vital habitats in about 200 years. Reducing the losses has proved to be challenging and costly. Some organizations are putting appreciable efforts to protect the wetlands and to understand how to control wetland evolution.

Barrier Islands

The U.S. Geological Survey (USGS), in collaboration with U.S. Fish and Wildlife Service and university partners from Louisiana State University, conducted a joint field investigation and cooperative study to research the Louisiana coast and gather and interpret baseline information.

The Louisiana Barrier Island Erosion Study started in 1988 and focused on the processes that cause barrier island erosion. Scientists collected data sets on variables, including storm effects, water movement and dispersal of fine-grained sediments, soil development, marsh disintegration, and effects of land subsidence and sea-level rise. After synthesizing and comparing data sets, the data collected from representative sediment-starved and sediment-rich basins in Louisiana enhanced scientific knowledge of wetland functions. The goal is to improve scientific knowledge and thus improve the processes responsible for the creation, maintenance, and deterioration of coastal wetlands.  

The Mississippi River Delta and its associated wetlands and barrier shorelines continuously change due to water movement, unconsolidated sands, and mud accumulation. Rivers deltas are the primary source of sediment erosion in a channel. As the river withdraws from the delta, they erode and deposit loose sediment into the river channel. Additionally, marine processes erode and rework the seaward margins of river deltas, which form sandy headlands and barrier beaches. Over time, segmented low-relief barrier islands form and are gradually separated from the mainland by shallow bays and lagoons.   

The barrier islands of the Mississippi River Delta act as natural buffers by reducing the effect of ocean waves and currents on associated estuaries and wetlands. However, the environmental consequences of coastal erosion in Louisiana are notable and are at a rate of up to 60 feet per year. The USGS estimates that several barrier islands could disappear by the end of this century. Without a designated buffer, the wetlands along Louisiana’s delta plains would be exposed to the full force and the effects of the ocean, such as wave action, salinity intrusion, and storm surge.

Solutions

There are various solutions to address the gradual loss of barrier islands and wetlands along the Louisiana coast. Soft engineering methods such as barrier island re-nourishment have proven effective. However, these engineering methods can affect small communities, agriculture, and local industry. Hard engineering solutions can include the creation of new navigation channels, constructed sea walls, and breakwaters. A system of seawalls, levees, pumps, and other flood controls can help prevent catastrophic outcomes. However, natural barriers and wetlands act as “speed bumps,” which significantly decrease the impact of storms. 

Only about one-half of Florida’s original wetlands remain, but Florida still has more wetlands than any of the other forty-seven conterminous States. On top of that, over the last few decades, the State of Florida has been diligently restoring some of the lost wetlands.

The Kissimmee River once meandered for 103 miles through central Florida. Its floodplain, reaching up to three miles wide, was inundated for extended periods by heavy seasonal rains. Native wetland plants, wading birds and fish thrived there. The Kissimmee Basin encompasses more than two dozen lakes in the Kissimmee Chain of Lakes (KCOL), their tributary streams and associated marshes and the Kissimmee River and floodplain. The basin forms the headwaters of Lake Okeechobee and the Everglades; together they comprise the Kissimmee-Okeechobee-Everglades (KOE) system, but prolonged flooding in 1947 prompted a public outcry for federal assistance to reduce flood damage to property. In 1948, the U.S. Congress authorized the U.S. Army Corps of Engineers to construct the Central and South Florida Project.

Site History

In the 1960s, the Central and Southern Florida Flood Control (C&SF) Project modified the native KOE system extensively throughout South Florida, including construction of canals and water control structures to achieve flood control in the Upper and Lower Kissimmee basins. The Kissimmee River was channelized by cutting and dredging a 30-feet-deep straightaway through the river’s meanders creating the C-38 canal.

After the river channel was straightened, 40,000 acres of floodplain below Lake Kissimmee dried out, reducing the quality of waterfowl habitat by ninety percent, and the number of herons, egrets and wood storks by two-thirds. Catches of largemouth bass in the river were consistently worse after the channelization. While the Kissimmee was not a significant source of pollution for Lake Okeechobee before channelization, in the 1970s and later the river contributed about 25% of the nitrogen and 20% of the phosphorus flowing into the lake.

While the project delivered on the promise of flood protection, it also destroyed much of a floodplain-dependent ecosystem that nurtured threatened and endangered species, as well as hundreds of other native fish and wetland-dependent animals.

Efforts to restore the Kissimmee River to its original flow were approved by Congress in 1992 and began with modification to the headwater lakes in 1997. The United States Army Corps of Engineers had initially hoped to complete the project in 2015. In 2006, the South Florida Water Management District had acquired enough land along the river and in the upper chain of lakes to complete restoration. In all, forty-three miles (69 km) of the Kissimmee River will be restored.

Project Goals

Major initiatives in the Kissimmee Basin include the Kissimmee River Restoration Project, the Kissimmee River Restoration Evaluation Program and the Kissimmee Chain of Lakes and Kissimmee Upper Basin Monitoring and Assessment. Several activities are associated with these projects, including ecosystem restoration, evaluation of restoration efforts, aquatic plant management, land management, water quality improvement and water supply planning.

The Kissimmee River Restoration Project will restore more than forty square miles of the river floodplain ecosystem, 20,000 acres of wetlands, and forty-four miles of the historic river channel. This major restoration effort is a 50-50 partnership between the USACE and the SFWMD. Over the past 22 years, the USACE and SFWMD worked together to:

• Complete backfilling of 22-miles of the C-38 canal between Lakes Kissimmee and Okeechobee.
• Reconstruct remnant river channels across the backfilled canal to reconnect and restore flow in remnant river channels.
• Remove two water control structures.
• Add two gates to the S-65 water control structure.
• Acquire more than 100,000 acres of land to restore the river and floodplain.

Restoration Progress

Already, wildlife is returning to the restored sections of the river. When flooding began again, muck and smothering aquatic weeds were flushed out. Sandbars reemerged. Encroaching dry land trees began dying back. Once-dormant plants began to reestablish themselves. The species included pink-tipped smartweed, horsetail, sedges, rushes, arrowhead, duck potato and pickerel weed. Flooding and continuous flow increased levels of dissolved oxygen in the water, creating near perfect conditions for aquatic invertebrates such as insects, mollusks, works, crayfish, and freshwater shrimp. This, in turn, boosted fish populations and it led to a rise in bird and alligator populations. The entire food chain benefited. The Kissimmee River restoration is one of the largest ecosystem restoration projects in the world.

The decades-long project to restore the historic Kissimmee River is now nearing completion. “There’s two phases to complete Kissimmee River restoration,” said Lawrence Glenn, director of the SFWMD’s water resources division. “The first step, construction, is now complete. Next is what Glenn calls “the restoration of hydrology.” 

Standing from the bow of an airboat, Glenn pointed to the meandering grassy waters behind him. In the exact spot where the C-38 Canal once flowed, there was now an abundance of birds flying overhead. “The next step is managing the quantity, timing and distribution of the river’s water, to ensure the ecology thrives,” he said. 

Sources

Chesnes, M. (2021). ‘A fantastic day’: Kissimmee River restoration project complete after 22 years. TCPalm. Retrieved from https://www.tcpalm.com/story/news/local/indian-river-lagoon/2021/07/29/army-corps-kissimmee-river-restoration-project-complete-22-years-lake-okeechobee-releases-discharges/5399944001/

Koebel Jr., J. W. (1995). An historical perspective on the Kissimmee River restoration project. Restoration Ecology, 3(3), Pages 149-159. Retrieved from https://doi.org/10.1111/j.1526-100X.1995.tb00167.x

South Florida Management District. (n.d.). Kissimmee River. Retrieved from https://www.sfwmd.gov/our-work/kissimmee-river