WQ0020793_NOV-2019-LV-0935 Response_20200205

(T-1)
Tyson
February 5, 2020
Mr. Lon Snider, Regional Supervisor
NCDEQ Division of Water Resources
Winston-Salem Regional Office
450 West Hanes Mill Rd, Suite 300
Winston-Salem, NC 27105
RE: Tyson Farms, Inc. — Hays Hatchery
Notice of Violation NOV-2019-LV-0935
Permit No. WQ0020793
Response and Compliance Plan
Dear Mr. Snider:
Tyson Farms, Inc. — Hays Hatchery ("Tyson") provides this letter is in response to the Notice
of Violation ("NOV"), dated Dec. 19, 2019 and to our telephone conversation on Jan 17, 2020.
This letter outlines Tyson's proposed compliance plan and corrective actions we believe are
necessary to address groundwater concerns cited in the NOV. It is our understanding that
the State will not issue additional NOVs or penalties as a result of actions taken by Tyson as
part of the compliance plan, corrective actions or as part of required routine permit sampling
during the term of the compliance plan.
Compliance Plan:
Tyson proposed to initially install additional groundwater monitoring wells at the compliance
boundary to explore and if needed delineate the extent of the potential ammonia plume.
Monitoring well placement was determined by NCDEQ personnel during a planned January
28, 2020 site visit by Justin Henderson and Patrick Mitchell with NCDEQ Division of Water
Resources. Their visit consisted of a compliance inspection for the final renewal process for
the new permit, and to determine the location for the new monitoring well. The new well site
was marked at the compliance boundary by Justin Henderson and Patrick Mitchel. The well
is at the compliance boundary and is marked as MW-4 on the enclosed map.
Tyson Foods, Inc. Fresh Retail Division 704 Factory Wilkesboro, N.C. 28697
336-651-3836 336.838.2171 Fax:[phone] www.tysonfoods.com

(T-1)
Tyson
The well location is based on topography and groundwater depth is anticipated to be 30 — 40
ft. deep or less (based on the depth of other two wells which is 36 feet) for the existing two
downgradient wells. Justin Henderson and Patrick Mitchell will have to be onsite before new
well is placed. This will be coordinated with the Winston-Salem office before construction.
Weather permitting, wells will be installed by March 1, 2020. Subsequently, the wells will
be developed and sampled for Total Ammonia Nitrogen on or before March 13, April 17, and
May 15, 2020. Progress reports will be submitted to NCDEQ on or before April 1, May 1, and
June 1, 2020.
Corrective Action:
If sampling results indicate that additional corrective actions are necessary, those will be
developed by Tyson and the State. Any corrective actions put into place will be based upon
groundwater sampling results.
The samples to be collected on or before March 13, April 17 and May 15, 2020 will be in place
of samples required by the current permit. These are being done as a part of the compliance
plan and to develop any necessary corrective actions. It is Tyson's understanding that the
results of these samples will not be consider as permit non-compliance and will not result in
an additional NOV since the compliance plan is in place. Please let us know if this
understanding is incorrect.
Tyson would like to review the draft permit and any other conditions that may apply. This
review would include any sampling requirements, any limits or other conditions prior to the
permit being issued.
Please do not hesitate to contact James Brown should you have any questions or need additional
information. Mr. Brown can be reached at [phone] or via email at [e-mail].
Sincerely,
Kevin Taylor
Complex Manager
Tyson Foods, Inc. Fresh Retail Division 704 Factory Wilkesboro, N.C. 28697
336-651-3836 336.838.2171 Fax:[phone] www.tysonfoods.com