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HomeMy WebLinkAboutWQ0000701_Regional Office Historical File_20171231 (5)WALLIGHOVEWE titIR O-I CR1O INA CE`,RTIF 1EI) PARALECi11. 111(E(`6 L111 a'. f9191863-8839 [^n-u� Iv itea)cshlasl L 1 (RANfIIL 11101ER & HARTIOi LLP 11:kl.la 4".0 l R Custodian of Records N.C. DFiNR. Division of Water t 610 E. Center Avenue, Suite 301 lllor esville. NC 28115 CII\IllOTT1i 3.. WIIA11NGTON April 28, 2010 Acquifer Protection Agency Re: Frances . Moore and Tracy W Moore v. Horris D. DeWitt; Jennie Pe Edward L. DeWitt; TYSONPOULTRY, INC.; and EMA Resources, Inc. Civil Action No.: 09 CVS 392 (Richmond) DO1,: 2007 Our File No.: 1157.000830 Deaf- Sir/Mladam: Our law lirn represents Tyson Poultry, inc. in tic above -captioned lawsuit. 1 am enclosing a Subpoena and. Notice of Deposition Which. requests your attendance at °cur deposition which has been scheduled for May 1.0, 2010 beginning at 10:00 am. This deposition will be held at our law offices located at 5420 Wade Park Boulevard, Suite 300, Raleigh. North Carolina. to lieu of appearing at the deposition, you may forward the documentation to us at P.O. Box 27808, Raleigh, NC 27611-7808 on or before April 30, 2010. f you any questions. please do not hesitate to contact inc. ounsel ofrecord Sincerely, Jane W..lohnson, NCCP Paralegal egards. 1 1.3776I8 v Alt OF NORTH CAROLINA le No. 92 Richmond County Frances H. Moore and Tracy W. Moore VE RS11,1_, Horns D. DeWitt; Jonnie DeWitt; Edward L. DeWitt; TYSON POULTRY, INC.; and EMA Resources, Inc. Party Requesting Subpoena fate/Plaintiff Defendan NOTE TO PARTIES NOT REP must be signed and issued by the Nan e And Address of Per Subpoenaed TO Custodian of Records N.C. DENR, Division of Water Quality, Acquifer Protection Agency 610 E. Center Avenue, Suite 301 Morresville, NC 28115 Telephone No, 704-663-1699 In The General Court of Justice District Superior Court Division SUBPOENA G S. 1A-1, Rule 45 L: Subpoenas may be produced at your request, but Court, magistrate or judge. YOU ARE COMMANDED TO: (check all that apply): 0 appear and testify, in the above entitled action, before the court at the place, date and time indicated below, Z appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. Z produce and permit inspection and copying of the following items, at the place, date and time indicated below. 0 See attached list. (List here if space sufficient.) Produce any and all documentation, files, notes, correspondence, e-mails, reports, research information, tests, test results, photographs or copies of photographs, diagrams, videotapes, or any and all other documents generated, maintained or received by you and/or the N.C. Department of Environmental and Natural Resources, Division of Water Quality, Aquifer Protection Section in connection or pertaining to any ground water investigation and/or inspection of the Tyson Poultry Harmony Plant, Land Application Site in Richmond County and pertaining to Permit No. WQ000701, including but not limited to any notices of violations and any remediation results thereof. IN LIEU OF APPEARING FOR THE DEPOSITION, THE DOCUMENTS MAY BE FORWARDED TO THE ATTORNEY FOR THE DEFENDANT IN A SEALED ENVELOPE. Name And Location Of Court/Place Of Deposition/Place To Produce Cranfill Sumner & Hartzog LLP 5420 Wade Park Boulevard, Suite 300 Raleigh, NC 27607 Date To Appear/Produce May 10, 2010 Time To Appear/Produce 10:00 AM ri PM Name And Address Of Applicant Or Applicant's A WILLIAM W. POLLOCK Cranfill, Sumner & Hartzog, LLP 'P.O. Box 27808 Raleigh, NC 27611-7808 Telephone No, (919) 828-5100 v Deputy CSC 0 Magistrate Date Signatu r El Assistant CSC Z Attomey/DA eyµ 0 Clerk Of Superior Court Superior Court Judge RETURN OF SERVICE tstnct Court Judge certify this Subpoena was received and served on the person subpoenaed as follows: By LI personal delivery. LI registered or certified mail, receipt requested and attached, LJ telephone communication (For use only the sheriffs office for witness subpoenaed to appear and te ci I was unable to serve this subpoena. Service Fee E] Paid Date Served Due Signature of Authorized Server Title NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.. AOC-G-100, Rev. 10/03 (Please See Reverse Side) 0 2003 Administrative Office of the Courts NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d). (c) Protection Of Persons Subject To Subpoena (1) Avoid uncle burden or expense — A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena. The court shall enforce this subdivision and impose upon the party or attorney in violation of this requirement an appropriate sanction that may include compensating the person unduly burdened for lost earnings and for reasonable attorney's fees. (2) For production of public records or hospital medical records Where the subpoena commands any custodian of public records or any custodian of hospital medical records, as defined in G.S. 8-44,1, to appear for the sole purpose of producing certain records in the custodian's custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the time specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or if no such records are in the custodian's custody, an affidavit to that effect VVhen the copies of records are personally delivered under this subdivision, a receipt shall be obtained from the person receiving the records. Any original or certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall be admissible in any action or proceeding without further certification or authentication, Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial, Nothing contained herein shall be construed to waive the physician - patient privilege or to require any privileged communication under law to be disclosed. (3) Written objection to subpoena — Subject to subsection (d) of this rule, a person commanded to appear at a deposition or to produce and permit the inspection and copying of records, may within 10 days after service of the subpoena or before he time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objection shall comply with the requirements of Rule 11, Each of the 'following grounds may be sufficient for objecting to a subpoena:, The subpoena fails to allow reasonable time for compliance. The subpoena requires disclosure of privileged or other protected b. matter and no exception or waiver applies to the privilege or .protection. c. The subpoena subjects a person to an undue burden, d. The subpoena is otherwiseunreasonable or oppressive. e, The subpoena is procedurally defective, (4) Order of court required to override obiection — If objection is made under subdivision (3) of this subsection, the party serving the subpoena shall not be entitled to compel the subpoenaed person's appearance at a deposition or to inspect and copy materials to which an objection has been made except pursuant to an order of the court, If objection is made, the party serving the subpoena may, upon notice to the subpoenaed person, move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated in the subpoena. The motion shall be filed in the court in the county in which the deposition or production of materials is to occur, (5) Motion to quash or modify subpoena — A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers,. documents, or other tangible things, within 10 days after service of the subpoena or before. the time specified for compliance if the time is less than 10 days after service, may file a motion to quash or modify the subpoena, The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shalt be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. (6) Order to compel; expenses to comply with subpoeria — When a court enters an order compelling a deposition or the production of records, books, papers, documents, or other tangible things, the order shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena, The court may order that the person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, or tangible things specified in the subpoena, (7) Trade secrets, confidential information — When a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, a court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship, the court may order a person to make an appearance or produce the materials only on specified conditions stated in the order. (8) Order x n When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena is issued to pay all of the subpoenaed person's reasonable expenses including attorney's fees (d) Duties In Responding To Subpoena (1) Form of response —A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label the documents to correspond with the categories in the request, (2) Specificity of objection — When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation materials, or that it is otherwise privileged, the objection shalt be made with specificity and shall be supported by a description of the nature of the communications, records, books, papers, documents, or other tangible things not produced, sufficient for the requesting party to contest the obiection, INFORMATION FOR WITNESS NOTE: If you have any questions about being subpoenaed as a witness, you box labeled "Name And Address Of Applicant Or Applicant's Attorney. DUTIES OF A WITNESS Unless Otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving testimony In answering questions, speak clearly and loudly enough to be heard, iii Your Answers to questions must be truthful If you are commanded to produce any items, you must bring them with you to court or to the deposition. a You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed, A0C-G-100, Side Two, Rev, 10/03 2003 Administrative Office of the Courts should contact the person named on the ot side of this Subpoena in the BRIBING OR THREATENING A WITNESS It is a violation of State law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney or the presiding judge. WITNESS FEE A witness under subpoena and that appears in court to testify, is entitled to a small daily fee, and to travel expense reimbursement, if it is necessary to travel outside the county in order to testify, (The fee for an 'expert witness wilt be set by the presiding judge.) After you have been discharged as a witness, if you desire to collect the statutory fee, you should immediately contact the Clerk's office and certify to your attendance as a witness so that you will be paid any arnount due you. NORTH CAROLINA 'RICHMOND COUNTY FRANCES FL MOORE and TRACY W. MOO RE, Plaintiffs, v. HORRIS D. DEWITT; JONNIE, DEWITT; EDWARD L. DI WIFF; TYSON POULERY, INC.; and E.M.A RESOURCES,INC Defendants. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 09 CVS 392 NOTICE OF DEPOSITION TO: CUSTODIAN OF RECORDS N.C. Department of Environmental and Natural Resources Division of Water Quality„Acquifer Protection Section 610 E. Center Avenue, Suite 301 Morresville, NC 28115 APR 3 DE rA7mR0 DW Aqthfer Protection PLEASE TAKE NOTICE: that on the 10 day of Mav, 2010, beginning at 10:00 o'clock a.m. at the law offices of Cranfill Sumner & Hartzog LLP, 5420 Wade Park Boulevard, Suite 300, Raleigh, North Carolina, the deposition of the CUSTODIAN OF RECORDS will be taken by counsel for defendant upon oral examination pursuant to Rules 26 and 30 of the North Carolina Rules of Civil Procedure, The deposition will be taken before a Notary Public or some, other official duly authorized by law to administer oaths. The oral examination will continue from day to day until its completion. The witness is required to bring with him or lier to the deposition the documents named on Exhibit A attached hereto, IN LIEU OF APPEARING FOR THE DEPOSITION,..THE DOCUMENTS MAY HE FORWARDED To THE ATTORNEY FOR THE DEFENDANT IN A SEALE:, ENVELOPE. 14177645 v s day:ef° April, { 10 RANFILLS N I.. ARTIOG LLP 1Y POLLOCK , N:C: BarNob ob 19381 DEXTER NI, "111P"CAMP3111, 111 N,C. BarNob 31434 Attorneys for Defendant Tuscan 1 Past Office Box 27808 Raleigh. C 711- Tel hone: (919) 8 10 Facsimile: (91 -22 7 :mail: 6 ,. o11ockfit)cs la :co a- mail: carnpbell :;cs1.1aw.c n7 ne: )45 EXHIBIT A - TO SUBPOENA Produce any, and all documentanon, liles, notes,, curresp fldencc, ntai1s, reports,, research information, tests, test results, photographs or copies ol` photographs, diagrams, videotapes, or any and all other docun generated, maintained or received by you auditor the N.C. (Department of 1 n ironmental and Natural Resources, Division of Water Quality, Aquifer Protection Section in connection or pe tainirt . to any ground water in estigat o r at dlor inspection of son Poultry' I-1 rtnony-• Plant, Land Application Site in. Richmond Cotmty and pertaining to Perniit No, WQ0 07OI, including but not limited to any notices of violations and eery° rcataediation results thereof CERTIFICATE OF ERVIC The u d rsign d att rn herb certifies that a Copy of the forego]. g pleading: ° served on the f 11t °i r parties to this action by: ) federal Express ( hand delivery by depositing a Grapy, of the same in the 1. nited States Mail postage prepaid and addressed to Att rney's for Pl inti ' ry{rt Brice. Jr., Esquii e Cral le Jones, Esquire s of F. Bryan Brice, St.. Ste. 600 27601 v Offi 1mlt: Raleigh, Attc me s, f ►r Defendants De\% i t Frank H. Sheffield, Jr., Esquire Amy P. Wang, Esquire 1 onalt J. glinton. Esquire rd and Smith, PA Box 807 Bern, NC 256 34p67 day of April, 2010. Co -Counsel for Defendants DeWitt Stephen R. Futrell. Esquire Kitchin, Neal, Webb, Webb;& Futr P.O. Box 1657 Rockingham, N( 08379 Attorneys for EMA Resources, I * Mel T, Crar° fwtlu, Esquire Beth A. Stanfield, Esquire Hedrick, Ciardner, Kincheloe Cx 1:L,1 P.O. Box 30397 Charlotte, NC 28230 CRANFILL FILL UMNE HARTZOG + BY: 1 v'. POLL( N.C. lar io,, 19381 I)E.`I"ER M. " Cf1IP" C AP'1I BELL , 111 N.C. Bar No.: 31434 Attorneys for Defendant "1' son Poultr Post Office Box 70 Raleigh, NC 27611-7808 rofa1s LP Telephone: (919) -51 p Facsimile: (919) - 277' Email: wpollockfr a ;shla s.coat Emaildcampbe1 I47'7645 % 1 A Michael I', Easley, Governor William (3, Ross Jr.., Secretary North Carolina Department of Environment and Natural Resources Alm 'W. Klimek', P,L., Director Division of Water Quality June 26, 2006 MR. DAN CROWE, PLAN -I MANAGER TYSON FOODS, I EARMONY PLANT 501 SHEFFIELD RD HARMONY, NOR1H CAROLINA 28 Subject; Permit No, 'WQ0000701 TYSON FOODS, Harmony Plant Residuals Land Application Program Land Application of Residual Solids (503 Exempt) Iredell County. 'rowe: In accordance with your permit modtication and renewal application package received on anuary 5. 2006, we are forwarding herewith a modified and renewed Permit No. WQ0000701, dated June 21, 2006, to 'Tyson Foods for the subject residuals land application program. This permit shall be effective from the date of issuance until May 31, 2010; shall void Permit No. WQ0000701, issued on July 9, 2003; and shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration. date and the fact that a permit renewal application is due to the Division of Water Quality (Division) no later than Six months prior to that date see Condition VI, as the Division does not send reminders to apply for permit renewal. This permit is being issued to approve the continued operation of the residuals land application program for another five-year cycle with the following modifications: a.. This permit is issued as a renewal and to modify the permitted land with a decrease in acreage available for land for application for a total of 1522.34 acres. h. Change of ownership of land previously listed as owned by Ed Dewitt. to Dale Dewitt, As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay particular attention tO the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in futurecompliance problems. If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this perrnil,rf his request shall be in the from of a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative flearing.s, at 6714 Mail Service Center, Raleigh, North Carolina 27699-6714, Unless such demands are made, this permit shall be final and binding. Aquifer Protection. Section inieTnet: 1.636 Mail Service Center Raleigh, NC 27699-.1636 2728 Capital Boulevard Raleigh, NC 27604 Phone (919)733-3221 Fax (919) 71.5-0588 Fax (9 I 9) 7[5-6048 One NorthCarolina )Vaturally Customer Ser."ice I-877-62,3-6748 An Equal OpportunitylArimtative Action Employer -50% R.ecycled/10°/0 Post Consumer Paper Mr, Dan Crowe Page June 26, 2006 you need any additional information concemmg this matter, l lease contact telephone at (1 71-6 9 , or via e-mail at ayaJoshi n rnail.n t, cc; Brent Collins, EMA Resources h . 29 Court gu .re, ocksville, NC, 27028 Moore County health Dept. Montgomery County Health Dept, Richmond County l-lealth Dept. Surry County health Dept. Winston-Salem Regional Office- .guifer Pwtect.i tt Section i'echnical Assistance and Certification Unit APS Central File s '1/2„PS Files LAU Residuals Program Cnc rdinator 1 . Josh by NORTH CAR.OLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LANDAPPLICATION OF RESIDUAL SOLIDS (503 EXEMPT) PERMIT In accordance with the pro -visions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO TYSON FOODS, HARMONY PLANT Iredell County FOR THE continued operation of a residuals land application program for TYSON FOODS, Harmony Plant, and consisting of the land application of 5,543 dry tons of residuals generated by the residuals source - generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit modification and renewal application package received on January 5, 2006, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 2010; shall void Pennit No. WQ0000701, issued on July 9, 2003; and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The residuals and application program shall be effectively maintained and operated as a non - discharge system to prevent the discharge of any wastes resulting from the operation of this program. 2. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals adequately and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. 3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program, 4. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease land applying residuals to the site, contact the Aquifer Protection Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. 6. Only the land application sites listed in the most recently -certified Attachment B of this permit are approved for residuals land application. 7. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently - certified Attachment B of this permit not owned by the Permittee are in 'full force and etTect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed: 8. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. in addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 9, The Aquifer Protection Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site. at http://h2o.enr.state.nc.usindpu/, 10. When residuals are land applied under the conditions of this permit, the Class B pathogen requirements and site restrictions in 40 CFR Part 503.32(b) shall be Filet. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source - generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction requirements, !IPPFPPPF- IL OPERATION AND MArNTENANCE REQUIREMENTS 1.. The facilities and land application sites shall be properly maintained and operated at all times. Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land a.pplicationlresiduals, operator to be in responsible charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by. the WPCSOCC. The Permittee shall also designate a certified backup operator of the appropriate type to comply with the conditions of I 5A NCAC 8G .0202, No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from. the Division. 4. A copy of this permit shall be maintained in allmanned equipment at the land application sites when residuals are being land applied during the life of this permit,. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 5. When land applying residuals to any land application site, the following buffer zones shall be maintained at all times: a. 400 feet from residences or places of public assembly under separate ownership for surface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Aquifer Protection Section of the appropriate Division's regional office in .Attachment B of this perm it; b. 200 feet from residences or places of public assembly under separate ownership for subsurface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Aquifer Protection Section of the appropriate Division's regional office in Attachment B of this permit; c,. 100 feet from any public or private water supply source, waters classified as SA or SB„ and any Class I. or Class II impounded reservoir used as a source of drinking water for both methods; d. 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application; e. 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application; f. 50 feet from property lines for both surface and subsurface application methods; g. 50 feet from public right of -ways for both surface and subsurface application methods; h„ 10 feet from upslope interceptor drains and surface water diversions for both surface and subsurface application methods; and i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface and subsurface application methods. Some of the buffers specified above may not have been included in previous permits for this residuals land application program. However, any land application sites that are listed in the most recently -certified Attachment B of this permit, but were approved with different buffers shall be reflagged to comply ‘vith these buffers. ,Maximurn slope for land application of residuals shall be 10 percent for surface application methods and 18 percent for subsurface application methods, 7. Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. 8. The lifetime loading rates (LLRs) of heavy metal loadings rates on any land application site shall not exceed the following for the corresponding soil cation exchange capacities (CEC): 9, Parameter Cadmmn Copper Lead Nickel LLR fur a Site with CFCs <5 Id" er acre) 125 500 125 250 R for a Site 'ith CECs 5 to 15 (pounds per acre) 9 250 1,000 250 500 LLR for a Site with CFCs >15 wunds per acre) 8 ,000 An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0, on all land application sites onto which residuals are land applied to ensure optimum yield for the crops specified in Condition II, 13. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 10. Should any of the residuals generated by the residuals source -generating facilities listed in the most. recently -certified Attachment A of this permit contain a high salt content (i.e, high. sodium adsorption ratio (SAR) of five or higher), the exchangeable sodium percentage (ESP) or other method as approved by the Division, using the results from the annual soils analysis as required by this permit, shall be monitored on all of the land application sites. The local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist shall review the results and make recommendations regarding soil amendments. (e,g., gypsums etc.) or other ameliorative mech.anismfor maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall implement such recommendations accordingly and shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application, 11. Prior to land applying residuals to any land application site that has previously received or is intended to receive animal waste (e,g, poultry litter, etc.) or other source of nutrients (e.g.,. fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the 'volume and analysis of the applied waste/nutrients from the landowner andlor lessee/operator of the site. The Permittee shall be responsible for verifying the volume of residuals that may be land applied to the site such that the plant available nitrogen (PAN) loading rate for the specified crop (i.e., see Condition 11. 1.3.) shall riot be exceeded by all of the sources of PAN applied, Should the maximum PAN loading rate be met or exceeded, then no additional residuals shall be land applied to the site. 4 12. A .suitable 'vegetative cover, as listed in Condition II. 13.„ shall be maintained on land application sites onto which residuals are land applied in accordance with the crop 'management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomistand as approved by the Division. 13. Residuals and other sources of PAN shall be land applied to all land application sites at agronomic rates in accordance with the crop management plan -outlined by the local Cooperative Extension Office, the North Carolina .Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. Under no circumstances shall the following PAN loading rates land applied to any site exceed the following for the specified crops: Crop Alfalfa PAN (powitts. per e er 'ear) 200 Crop Forest ardwood or Softwood PAN (pounds per acre per vectr) 75 Bermuda Grass (Hay or Pasture) Blue Grass 220 120 Milo Small Grain at, Barley, or Oar 100 100 Corn (Grain) Corn (Silage) Cotton Fescue 160 200 70 250 Sorghum or Sudex (Pasture) Sorghum or Sudex (Silags) Soybeans Timothy, Orchard, or Rye Grasses 180 110 200 200 The Per -mince shall apply for and receive a modification of this permit before land applying residuals on any land application site that is to be established in a crop other than those listed above, A MaXiMUTT1 PAN loading rate for the desired crop shall be approved with the permit modification. if the land application sites are to he overseeded (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested, lf the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by the Division. 1.4. Animals shall not be grazed on any land application site for 30 days after any residuals land application event, Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event. 15. Food crops, feed crops, and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after any residuals land application event. 1.6. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after any residuals land application event. 17. Food crops with harvested parts below the. surface of the land (Le., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil. 18. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil., 19. Turf shall not be harvested for one year after any residuals land application event. Adequate provisions shall be taken to prevent wind erosion and surface nmoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. 21. Adequate procedures shall be provided to prevent surface runoff fromcarrying any land applied or stored residuals into any surface waters. Surface -applied residuals shall be plowed or disced within 24 hours after land application on land application sites with no cover crop established. 23, For land application sites that are prone to flooding or within the 100-year flood elevation, residuals shall he land applied only during periods of dry weather. The residuals shall be incorporated into the soil within 2.4 hours after land application. Residuals shall not be land applied during inclement weather or until 24 hours following a rainfall event of 0.5-inch or greater in 24 hours. Any emergency —residuals land application measures shall first be approved in writing by the Division. Residuals shall not be land applied to any land application site that is flooded, frozen, or snow-covered. 26. Appropriate measures shall be taken to control public access to the land application sites during active site use and for the 12-month period following the last residuals land application event. Such controls may include the posting of signs indicating the activities being conducted at each site. 111. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e.„ including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall. be followed. 6 Residuals generated by each residuals source -generating facility listed in the :most -recently - certified Attachment A of this permit shall be analyzed to demonstrate that they are non- hazardous under the Resource Conservation and Recovery Act (RCR.A). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source - generating facility listed in the most recently -certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file 'by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are land applied at a frequency less than that which is specified in the most recently - certified Attachment A of this permit, the analyses shall be required for each residuals land. application event. The TCIL P analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) Barium (100.0) Benzene (0.5) Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0.03) Chlorobenzene (100.0) Chloroform (6.0) Chromium (5.0) in -Cresol (200.0) o-Cresol (200.0) p-Cresol (200,0) Cresol (200.0) 2,4-D (10.0) ,4-Dichlorobenzene (7.5) 1,2-Dichloroethane (0.5) 1,1 -Dichloroethylene (0.7) .2,4-Dinitrotoluene (0.13) [ndrin (0,02) Hexachlorobenzene (0.13) Heptachlor d IL', hydroxide) (0.008 Hexachloro- 1 ,3-butadiene (0.5) Hexachloroethane (3.0) Lead (5.0) Lindane (0,4) Mercury (0.2) .Methoxychlor (10.0) Methyl ethyl ketone (200..0) After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A. of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. 3. An analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit. 'f he analysis shall be performed at. the frequency specified in the most recently -certified Attachment A of this permit., and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are land applied at a .frequency less than that NO I.C11is specified in the most recently -certified Attachment A of this .permit, an analysis shall be required for each residuals land application event. The analysis shall include, but shall not necessarily be limited to, the following .parameters: Aluminum Ammon ia-N itrogen Cadmium Calcium Copper Lead Magnesium Nickel Nitrate -Nitrite Nitrogen Percent Total Solids pH Phosphorus Potassium Sodium Total Kjeldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) Nitrobenzene (2.0) Pentachlorophenol (100.0) Pyridine (5.0) Selenium (1.0) Silver (5.0) Tetrachloroethylene (0.7) ) Toxaphene (0.5) Trichloroethylene (0.5) 2,4,5-Trichlorophenol (400.0) 2,4,6-Trichlorophenol (2.0) 2,4,5-TP (Silvex) (1.0) Vinyl chloride (0.2) 7 After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified. Attachment A of this permit, the Perminee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring req-uirement. In no case, however, shall the frequency of this monitoring he less than once per year when a residuals land application event of residuals generated by the residuals source -generating facility occurs during that year. 4. Residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit shall be monitored for compliance with Condition 1, 10. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen reduction of the residuals shall be maintained on file by the 'Pennittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class 8 pathogen reduction requirements and site restrictions in 40 CFR Part 503.3.2(b), In addition, the Environmental Protection Agency (EPA) certification. statements concerning compliance with pathogen reduction requirements, and management practices shall be completed at the frequency specified in the most. recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is invoked (i.e, either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being. exempt from Condition I, 1.0. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement, 5. Laboratory analyses as required by Condition 111. 2., Condition III. 3,, and Condition III. 4. shall be perforniedigathered on the residuals as they are to be land applied. Furthermore, analytical .determinations made pursuant to the monitoring and reporting requirements of this permit shall be made 'by a laboratory certified by the Division for the required parameter(s) under 1.5A NCAC 2H..0800 or 15A NCAC 214 6. Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number); d. Method of land application; e. Weather conditions i.e., sunny, cloudy, raining, etc.); f. Soil conditions (i.e., dry., wet, frozen, etc); Type of crop or crops to be grown on field; g. h. 'Volume of residuals land applied in gallons per acre, dry hectare; i. Volume of animal waste or other nutrient source applied acre, or kilograms per hectare (if applicable); tons per acre, in gallons per or kilograms per acre, dry ton per 8 j. Volume of soil amendments i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); and k, Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and. other sources of nutrients (i.e., if applicable), annual and cumulative pounds per acre of each heavy metal (i.e.,. shall include, but shall not be limited to, arsenic, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. A representative annual soils analysis (i.,e, Standard Soil .Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred, and the results shall be maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Calcium Cation Exchange Capacity Copper Base Saturation (by calculation) Exchangeable Sodiu.m. Percentage (by calculation) Magnesium Phosphorus Manganese Potassium Percent Humic Matter Sodium pH Zinc Three copies of all required monitoring and reporting requirements as specified in Condition III. 19 Condition III, 2., Condition ill. 3„ Condition III. 4., Condition III, 5., Condition III. 6., and Condition 111, 7. shall be submitted annually on or before March ist of the year following the residuals land application event to the following address: NCDENR-DWQ information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 2'7699-1617 9, Noncompliance, Notification: The Permittee shall report by telephone to the Aquifer Protection Section of the Division's Winston-Salem Regional Office at telephone number (336) 771-4600, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the residuals land application program that results in the land application of significant amounts of residuals that are abnormal in quantity or characteristic, b. Any failure of the residuals land application program resulting in a release of material receiving waters. c. Any time that self -monitoring information indicates that the residuals land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the program system was designed. d. Any process unit failure, due to known or unknown reasons, that render the residuals land application program incapable of adequate residuals treatment. e. Any spillage or discharge from a vehicle or piping system transporting esiduals to the application site. 9 Persons reporting such occurrences by' telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS Land Application Site Requirements: a. Each land application site identified with a G'G "-A in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table greater than three feet below the land surface. Residuals land application events may occur on these sites throughout the year. b. Each land application site identified with a GW-B in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table between one and three feet below the land surface. Residual land application events on these sites shall be prohibited from December through March, inclusive. No residuals shall be land applied to these sites when the vertical separation between the depth of residuals land application and the water table is less than three feet. The actual water table depth for seasonally -restricted soils shall be verified by soil borings within 24 hours prior to any residuals landapplication event that occurs from April through November, inclusive. The number of borings advanced shall be sufficient to characterize water table, conditions across the land application site adequately. Any open borings shall be properly filled with native soil, prior to the residuals land application event, to decrease the chance of any residuals contaminating the groundwater. Able Boundary Requirements: The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A .NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application. site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to irumediate remediation action according to 1.5A NCAC 21_ ,0106 (d)(.2). b. The REVIEW 'ROUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review' Boundary shall require action in accordance with 1.5A NCAC 27 _0106 (d)(2). Additional 'Requirements: aAny groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 10 V. INSPECTIONS Prior to each residuals land application event, the Perminee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall. maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. Any duly authorized officer, employee, or representative of the .Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain. samples of groundwater, surface water, or leachate. VI.. GENERAL CONDITIONS AL, This permit shall become voidable unless the residuals land application events are carried out in accordance with the eonditions of this permit:, the supporting materials, and in the manner approved by the Division. .This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. Failure to abide by the conditions and limitations contained, in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina. General Statutes §143-215,6.A through §143-215,6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 211 .0205 (c)(4). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed hy other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter ,4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B ,0200 and 15A NCAC .0500. 6. This permit m.ay be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately, 11 The perrxtittce, at least sip months prior to the expiration of this perrtnit, shall request its extension. Upon receipt of tl e request, the Division shall rep ew the adequacy of the facilities and residuals land application program described therein, and if ar-rannted, shall e atend the permit for such period of time and under such conditions and limitations as it may deetr appropriate. is perm permit s}tall not be automatically transferable. In the event that there is a desire for the residuals land application program trt change ownership or to change the name of the rn ttee, °t formal permit request shall he submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Fed this the tnveat), -sixth day of June, 2006. NOI TII (A 0 NA EN IR NMF TAI. M NA tLMf Ni COMMISSION ck, RE., Direct ater Quali tyofthe Fnvirornrmental Management .orr nun Pe Nu firer '0OOO7i OI ATTACDMENT - A Permit Na FIV0000701 Tyson Poultry, Inc, Tyson Poulny, Inc. Residuals Lund .Application Program Tysot Owner Source-Ge Facility Name rr, Inc. IIarrnony, NC Rendering Plait Total erat Iredelt NC0005126 sued IDWQ 5 non 503 ax Dry Tons Per Year 5,543,00 5,54 .00 Monitoring Monitorng Approved Frequency for Frequency for Mineralization Condition M. 2. Condition 111. 3. and Rate Condition M. 4. Once Per Permit Cycle Every 60 Days 0.40 a The 5,543-dry tons per year of residuals to be land applied under the conditions of 'this permit are generated from the treatment of wastewater at the Harmony, NC Rendering Piant and Wilkesboro, NC Plant (i.e., Pretreatment Permit No. 1003-1, issued by the Town. of Wilkesboro.) of Tyson Poultry, Inc.; at the Case Fawns Facility in Burke County, NC (Non - Discharge Permit No. WQ00075 1 I); and the Townsend Foods, Inc, Plant in Chatham .County, NC (Le., NPDES Permit No, NC0026441.). All residuals are mixed and treated at the Tyson Poultry, Inc. Harmony, NC Rendering Plant and then land applied as a single source, Under .no circumstances shall the residuals. generated by the individual plants/facilities he, land applied 'as is" (Le., without mixing and treatment at the Tyson Poultry, Inc. Hammy, NC Rendering Plant. Should it be desired to land apply the residuals generated by the individual plants/facilities "as is" once again, the Perm.ittee shall request approval of a formal permit modification from the Division. b AU residuals approved from this source ahll be subsurfacely injected in order to reduce the potential generation of nuisance conditions. Surface application methods shall be strictly forbidden without first applying for and receiving written authorization from the Division. Permit No, WQ0000701 Page l of 1 Certification Date: June 21, 2006 ATTACHMENT B - Approved Land Application Sites Permit Number, WQ0000701 Tyson Poultry Inc Harmony, NC Rendering Plant Residuals Land Application Program Field/Zone Id MT-01-01 NVI--01-02 -03 I.M.'1"-0 I -04 MT-01-05 MT-0^1-06 T-01-07 MT- MT-01- I 1 MT-01-13 MT-01-14 MT-01-16 NIT-01-17 MT-02-01 0-01-01 0-01-02 M0-01-05 M0-98-0 1 MO-08-02 Owner Lessee County Welch, Gar.," Montgomery Welch, Gary; !Montgomery Ve.1ch, Gary Welch, Gary Welch, Gary Wele , ' lc , Gary We - -h, (iary Welch, Gary Vel 'elch, f3a Ve1ch, Welch, Gary ekh, Gary Dewitt, Dale Matthews, Sherril Dale Ithews., Sherril ,Dale atthews, Sherri] Dale Matthew's, Ralin Matthews, Ratin 1\latthews, Ralin , -0 -04 Matth ws, Rahn N1 ont gome ry :Montgomery Montgomery Nfontgomery Montgomery Nloritcorriery 1\1ont ,orncry motcry ont ome Montgomer onigomery nflt2orne 4 )nlgo,inery — — Nloore Moore Moore v1oore Latitude 351337" 35'13'36" 35'36'27" 35'1404" 35'1326" 36'1326" 35'13'36" 3'3( 3513'16' 3513.'21" 351321" 35'0440" 350423" 35"0420" . 5'33'28" : ^1 -0 I MO-09-02 MO--09-0, 40-09-04 MO-10-03, To r 1 Fr Coun RM-09-0 I Matthiws, Ralin laRah .ws, Rahn \laflhews, Ralin latthews, Ralin Matthews, Ralin Matthews, Ralin Dewiti, Dale Moore Mo ' Moore 'N400re . „ Richmond 35°0446" "0442" 4'04'35" 350435" 5'04'5 05' 35'0522" 35'09'29" Longitude 79'1429" 79"43' I I" 78'010 I" 79'42'59" 79"43'37'' Dominant Soil Series Autryville Ailey ,ey Autry-YR e 79'43'37" Candor 79'43'20" Autryville 79'4326" 79'4336" 79"4328" Can . 79°43)08" 79'4337" V auc use 79°43'37" Autryv 79'43'31" Candor 79'4255" Candor Candor Net Acreage 2.60 31 9(( - 27,10, 7,90 22.30 1.60 7,00 38.70 30.00 29 80 30,30 l'52" u uay 29.10 80' 058 Fu1uay 0"2951" Ailey 793323" Candor 79'3315" Candor 79'3325" Candor 79°33'28" Candor 79°2956" Candor 79'2956" Candor 79'29'56" Dothan 79'30'10" Candor 79'32'46" 79°4128" Candor GW Restrictions GW-A GVV-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GWA GW-A GW-A GW-A GW-A GW-A 12.30 66.6 16.40 22,5 13,00 21,00 10 0,4 50„ 10 75,00 15,60 GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A -A GW-A GW-A RM-10-01 RM-10-02 KM-10-03 Dewitt, Dale Dewitt. Dale Dewitt, Dale Richmond Richmond Richmond 35'0920" W00000701 TYSON 79'42'13" 79'4207" 79'4 149" Wakulla W aku I. a Ailey 7,40 21,1.X1 GW-A GW-A 11,30 GW-A Att. B Certified June 21, 2006 R 1- - 0-10 -10-1 RM-10-12 RN1-10-13 RM-10-15 , Dale 'itt, Dale itt, Dale Dewitt, Dale Dewitt, Dale RM.-10-16 Rv1-10-17 , 4-10-18 IR -10-19 TOIL SU-01-01 ST-01-07 SU-01-09 SU-01-10 SU-01-13 SU-01-15 SU-01-16 SU-01-18A TotatF e vit „ Dewitt, Dale Dewitt, Dale Da johnson, Walter Johnson, Walter Johnson, Walter Johnson, Walter Johnson, Walter Johnson, Walter Johnson, Walter Johnson, Walter Johnson, Walter Johnson. Walter Johnson, Walter Total 7lichmond 35'0929" Richmond Richmond Richn) Richmond Richmond Rkhm� Sorry 35°07'2T' 35°0825' 5'08'14" 35°08'0 36'3240" 36'32'32" 36°3232" 36'3103" 36731'02" 36'28'16" 36'28'06" 3 28'1 36'28'38" 79'"41'38" 794246" 79'4133" 4124" 9'4136" 80°39'50" 80'39'48" 80°44'29" 80°4431" 80'44'46" 80'44'30" 80'4407" 80°44'16" 80°4510" 80°45'17" 80°45'21" 80°45'32" 80°44'36" 80°44'31" 80'4418" 80'45'00" akulia Wakulla Wakulla Wall ut ta Colvard Braddock 46.7 36.4( GW-A GW-A Bethlehem Bethlehem Braddock Colvard Colvard Arkaqua Dillard 36,5 26.7,7 ,46 73,70 30,70 7 '50 7,60 32,60 11.70 8.90 1040 1522„.34 GWA- is dominated by soils with a mean seasonal high water table greater than three feet below the land surface, Residuals land application events may occur on these sites year round, GWB- is dominated by soils with a mean seasonal high water table between one and three feet below the land surface. Residuals land appticahGrl on these sites shall be prohibited from December through March, inclusive. G -A -A G -A GW-B G -A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A G -A GW-B GW-B GW-B GW-B WQ0000701 TYSON An. B Certified,June 21, ,2006 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality July 9, 2003 MR. DAN CROWE, PLANT MANAGER TYSON POULTRY, INC. POST OFFICE BOX 158 501 SHEFFIELD ROAD HARMONY, NORTH CAROLINA 28634 Subject: Attachment B Certification Permit No. WQ0000701 TYSON POULTRY HARMONY Land Application of Wastewater Residual Solids Iredell County Dear Mr, Crowe: In accordance with your permit modification application package received on July 30, 2002, we are forwarding herewith a modified Attachment B, certified July 9, 2003, to Tyson Poultry, Inc. for the. subject residuals land application program. This certification is being issued to modify Attachment B to: • Approve land application sites owned by various landowners in Moore, Richmond, and Montgomery Counties for land application of residuals under this program. These sites, total 3.991.55 net acres. Please replace the existing Attachment B of Permit No. WQ0000701. Note that only the vicinity and buffer maps for any new and modified land application sites are attached to this modified Attachment B, It is the Permittee's responsibility to ensure that a complete permit is created by inserting this modified Attachment B and vicinity and buffer maps into Permit No, WQ0000701, issued on June 15, 2001, and making sure to retain any vicinity and buffer maps for any existing and unmodified land application sites. This modified Attachment B shall be effective from the date of certification; shall void Attachment B of Permit No. WQ0000701 that was previously certified on June 15, 2001; and shall be subject to the conditions and limitations as specified therein as well as those specified in the above referenced permit. As always, remember to take the time to review this modified Attachment B thoroughly, as some of the conditions contained therein may have been changed since the last certification. Note that this modified Attachment B is hereby incorporated by reference into Permit No. WQ0000701, issued on June 15, 2001. nOW Non -Discharge Permitting Unit 1617 Mad Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center An Equal Opportunity Action Employer hi41.1 NLDENR, Internet http://h2oenr.state.nc usindpu Teiephone (919) 733-5083 Fax (919) 715-6048 Telephone 1 800 623-7748 50% recycied/10% post -consumer paper If any parts, requirements, andloations limitationscontained in this certification or modified Attachment B are cceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of the certification. This request shall be in the from of a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, North Carolina 7 99- 714. Unless such demands are made, this permit shall be final and binding. If you need any additional information concerning this matter, pl : contaEllen Huffman by telephone at (704) f -I qq or via e-mail at ell n.h man nnet. jilt Alan W. linel , P.E. cc Mr. Alan Brown, EMA Resources Moore County Health Department Montgomery County Health Department Richmond County Health Department Fayetteville Regional Office- Water t uality Section Files Fayetteville Regional Office -Groundwater Section Ivfcior le Regional Office -Water Quality Section Files Mooresville Regional Office -Groundwater ter tion Central Office-Groundwater Section Water Quality Central Files NDPU Files NDPU Residuals ProgramCoordinator A'1"1`,rc•4t'tlMI N' ° 11 Aprrrorerl 1 ,odApplication Sites Permit No, WQ00007lll Tyson Poultry, Inc; Tyson Poultry Harmony, NC Residuals Land Application Program A I.-03 -01 AL-03-02 At,-03 -03 AL-03-06 AL-03-07 AL-03-08 A L-03-09 AL-03-10 AL-03-11 AL-03-12 AL-03-13 AL-03-14 AL-03-15 AL-03-16 AL-03-18 Total Far County 11D-02 rl For Courqy MT-01-01 M T-01-0'2 MT-01-08 MT- tt 1 -09 l� l"t-01-10 Permit N©. WQ000701 Roers, Walter Vau„hn r Vau hn Roe r° Wo-it V lttt Ro,ers, er Vrsu;hn cr Varr er Vaughn er Vau Im Rogers,, Walter Vaughn Rogers, Walter Vaughn Rogers, Walter Vaughn Rogers, Welter Vaughn Roe ers, Walter Vaughn RoErs, Wafer Vaugtur Rogers. Wti er Vnu* ter Ro ers, Walter Vau,lin Doole (ire, Welsh, Gary Welsh, Gary Welsh, Gary Welsh, Gar Welds, Gar Alexander Alexiaxler Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Davie Davie Mout oiler orrlery Omer Mont r orner Mont w came Mont;ome Mranttttrrery Mont orner Mont ores Page '1 of 4 36.22 35.13.2.6 36.13.26 35,13.36 35.13-36 35.13.21 35.13.14 35.12.58 79.14.29 79,43.11 78.01,01 79,42,59 79.43,37 79.43,20 79.43.16 79.43.26 79,43,36 79,43,28 79.43.08 79,43.37 79.43.30 Net Acreage 17.40 23.20 38.80 13.20 12.80 18,.30 18.00 12.90 29.40 18,60 29.90 38.90 4,70 25,10 68.10 30.10 GW-A Applicable Restriction in Condition 'IV. 1. G W-A. (W-A G W-A (JW-A (IW-A (3W-A Certibeaiion Date: July 9, 2003 ATTACHME.N" 3- Approved LNrrdApplication Sites I*rrrntit No. 10120000701 Tyson Poultry, Inc. Tyson Poultry llarmony, NC Reslduth Land Applcathm Program Site/Field 16 M'1�01�17 al f or t"ori MO-01-()1 O-111-C12 1�10-014)3 11i3-t)1 {14 MO 11-415 MO-i)8-112 MO-08-03 MO.08-04 MO-09-t11 MO-09-t)2 M t3-09-t13 9�0 4 01 Tot RM-03-02 RM-03-03 RM-03-05 RM-04 )2 M-04-03 Pe No, WQ000701 Landowner Welsh, Gar , Dale Dewitt etiws, laerril Dale atiitervs, Rahn ob tttrrrrrrscrrr caner i111*umoaa Roixer illiara�sota Rtalacr illiar�tacr Rraber illiarras , 1t ber 0r 0 Lessee/Operator County Latitude Mont Mont;orner Montgomery anrganrer Richmond Richmond Richmond Richmond R icltmond Page 2 of 4 .25 Longitude 79,43,37 79,43.31 79.42.55 2 80..30.58 80,29,51 80,29,51 Net Acreage 0 29 2.30 66.60 16.40 Applicable Restriction in , fit./ A 22.50 G''-.A 00 G A 04.46 79.29.56 i.00 (aW h 35,05.12 05.22 79.29.56 10,70 I0.40 79,31i,10 0 79.33,05 7.011 Oi1tr` A 79..33,10 79.32.46 20,60 35 07,37 79,7.S0 59.70 35.07.05 79.57,04 35.116,20 80.00,15 18.40 OW -A 06.20 80.00.15 41.60 C1ir -A 35.06.22 79.59,55 17.50 tip •A 35.06.10 3 5.05.4 7 05,40 07.00 06.40 35.06,40 79.59.25 79.59,4 9,59,30 79,59,10 79 79.59.15 79,59.03 Ci W-A 63.30 Ci'W-13 41.10 OW -A 42.60 38,20 Certification Date:: July 9, 2003 ATTA4AIM ENT 11 - Amoved Land Applies ion S' Permit No. WW7000701 Tyson Poultry, Inc. Tyson Poultry Ifarniony, NC Residuals Land Application Program Sie/FickI I 11* 1,andowner Lessee/ 11.111-05413hWilliainson, Robert T. RM-0 46 RM-0 RM-07-04 11M-07-05h 11M-07-066 Williaitisrm„ Robert 1°, Williamson, Robert T. RM-07-07 1-08-01 -08-02 Williarnsori, Robert T, Andrews Gran Andrews„ Grant County gltul Net Acreage A ic Kestrkiion jil dition IV. 1. Richmond 35 79.58,45 36.60 t Richmond Richniond It ichniond .06,45 79.58 15 71.90 GW-13 3 .0 .47 79.56. 35,07,45 79. .4 23 35.07.43 79,55,40 112.30 5,07.25 79,5537 41,90 3 .07.2 ' Itichniond 3 .07.16 79.56.30 78.9 79.56.30 7 G -A c.IW-A OW -A G -A icionond 35.07.12 tid R ichnion RM-08-03 RM-08-04 11M-08-05 Andrew, Grant Andrews, Grant Andrews,(kunL RM- 6 Aidres, RM-08-07 11k1-08-08 Andrews, ;rat Andrews, RM-08-09 Andrews, Grant Iichnioid ic owl ic ic ond id 9,55,40 1.44 .46 23, 35.05.54 80.00.45 25.70 .48 80.00.40 28,70 ,45 35,05.29 35.05,33 .12 -A -A -A -A 10.51 16.21 -A 0.00.49 40. 0.00,30 .29 80.00.4 ,09. 9 39.70 6. GW-tl GW-13 GW-A GW-A 6.20 -A 1M-09-01 11/14-10-01 RM-I 0-02 RM-10-03 -09 0 eiyitt, Dale Dewitt, Edward L Dewitt, Edward L )ewtt, Edward L mitt, Edward L Cwilt, Edward I. ewitl, Edward ewit Edward Dewkt, Edward Richmond Richmond Richmond Richmond 11 iclimond Rielimo R iclR icbrnond °el RM.10-I 1 RM-10-12 RN4-10-I3 RM-10-14 11M-10-15 RM.. 0-16 RM-10-17 RM-I0-18 Permit No. WQ00070 I Dewitt, Edward L Dewitt, EdwardL Dewitt, Edward L Dewitt, Edward L 1.3ewitt, Edward 1. Dewitt, Edward Dewitt, Edward L Dewitt, Edward L Richmon Richmond Richmond ichmood Richmond Richmond Page, 3 of 4 ,09,2 35,0910 35.09,20 35,09,29 3 . 9, ,09,0 5.09.4 79.41.2 9,4 .1 ,6 -A .40 G -A 79,42.0 79.41,49, 79.41.38 79.42,00 .4 . 79.42,29 7.27 79.42.46 35,08,29 79.42,49 35.08.51 79,42.25 21 00 11.30 46.70 145.00 7. 0 9.80 3 -A OW -A G -A Certification Date: July 9, 2003 ATTACUIM ENT - Approve Permit No. WQ0000701 Tyson Poultry, Inc. Tyson Poultry Harmony, NC Residuals Land Application Program RM-10-I9 'jewitt,Edward RM-10.20 Total For County SU-01-01 U 01-0 f-01-04 SU-01-05 SU-01416 SU-014/7 SU.01-08 SU-01-09 SU-01.10 SU-01:11 Dewitt, Edward L Johnson, Monroe & Walter Johnson, Monroe & Walter Johnson, Monroe & Walter Johnson, Monroe & Walter lohnson, Monroe & Walter Johnson, Monroe & Walter SU-01-12 Johnson, Monroe & Walter SU-01-13 SU-01-14 SU-01-I5 SU-01-16 SU-01-174 Johnson Monroe & Walter Johnson, Monroe Johnson, Monroe Johnson, Monroe & Walter Johnson, Monroe & Walter SU-0 I-18ab Johnson, Monroe & Walter SU-01-18bb SU-01-19 Johnson, Monroe & Walter Johnson, Monroe & Walter 'ol.al For Count WK-01-0Ib K030Zb K-04-01 WK-95-0 I For County To Mathis, Dianu Pardue Duncaoonald & Ma Dunean, d Myers, Dwayne _ma 11,a think Longitude Net Acreage Applical Restriction in Condition IV., 1, Richmond Richmond Surry Surry Surry Spiry Sully Surry Sorry Surry Sorry Surry Surry 15. 62.60 2188.99 73.70 15,70 30.70 17.30 7.50 14,30 7.60 32,60 11.70 21,20 8,10 3.10 7.90 8.90 12.70 47.30 1040 12.70 Story 12,10 Sorry 355.50 Mathis, mdgc Wilkes Wilkes Wilkes Wilkes Wilkes -A GW-A GW-A GW-A OW -A GW-A W-A OW -A GW-A GW-A GW-13 34.36 OW -A 51.70 38.80 28.90 CiW.A GW-A OW -A 153.76 991.55, Residuals shall be, subsurfacely injected on all lurid application sites in order to reduce. for gencraliniiAsa c condiiions. Surftce application. methods shall he strictly forbidden without first applying for and receiving written authorization from the Division. Ibis land application site is subject to llooding or is located within the 100-year flood plain arid shall, therefore, tie subject to the requirernents of Condition II, 23, This land application site has slopes up to 18 percent. Therefore, care shall he taken to ensure that 110 runoff of injected residuals occurs, Permit No, WQ00070 Page 4 of 4 Certification Dale; July 9, 2003 5,543-dry tons per year of rot lkretreatn'ent Parma No. 1003-1, assued by drl Chatham C:ottioy, NC (i.e,, NPDk S Perron No, NC,002 shall the residuals metaled by the individual plants#1aelil generated by vidual plutat facilrtaas "OS is" ranee agai Facility Name rider the conditions of this penult ar Wilkesboro t of Tyson Poo AR residuals are mixed e land applied "us is" 11 e. n„ the Permaitiee shall request approval of Counpy Pertnity, lreaielE NCOr atanent of tlity tar Burke ndttmtrrt.:1 rcnpp Hunt and:'Wilkes irnrca, NC Plant aray, NC IPi ri-i3iseharge Permit No. airC 7511); a and the Townsend Foods;: lr c. 1'la C Rendering Plant an tires latad applied as a single souree. Linder ra circumstances rY, Iran. Ilarinony, NC Rendering Plant. Should at be desired to land apply the resit Perm it NO s't0000Ftt Page 1 of t Ccror June 15, alit I COUNTY: OWNER: ADDRESS: SITE SUM '; hildirltgaidely Dale Dewitt PHI: () -8 Fields Tot C Ac Est App. Acres SITE NUMBER: erdiudai r-airr SI`I`E LOCATION h I"=2.4 MILES DALE DEWITT -T MAP COUNTY: OWNER: OPERATOR: Sarr'te ADDRESS: Rt. 2 Candor, NC 27229 PHONE: 1910) 974-4328 (H) ry Gary 'Welch SITE SUY'IA,RY SHEET SITE NUMBER: MT1 1336)2'tp-7186 (cell' Total Ar E 9 2 4 udaf 35° Grain 79° 4 42 t Gr�ar� 79° 43' t" 35° 14' Q4"' 79° 42" 59" 7.90 Grain 35° 13' 26" 79° 43' 37" 40 22.30 udal 35° 1' 26 Grain 79° 43" 37 2.0 uda+ 35° 1" 36" Gran 79° 43' 20" 7. 7 ©.60 9. in 5° 13' 21 70 4.70 4.70 28.4C1 2 Small Grain Bermuda/ Small Grain Bermuda/ Small Grain 6 43'36 ° 13' 21" 4 4" 0 4 74 Grain 2' ° 43' 3T' 4 7° 4 Graf 79° 43' 7 COMMENTS: Be auda! Small Grain 35° 79° 43' 31" , SITE LOCA 110N MAP 1"=24MILES GARY WELCH MT1 (1-17) 14 SITE MAP "-660' GA.RY WELCH SITE MAP =660 GARY WELCH MT1 (16 & 17) SITE SUMMARY SHEET COUNTY: Moore OWNER: Sherri) Matthews OPERATOR: SITE NUMBER: Same ADDRESS: 2225 Niagra Carthage Rd PHONE: Fields Carthage, NC 28327 (910) 949-2136 01 Total Acres 29.67 12.68 Est. App. Acres 29.1 12_3 Crops Corn/SG/Tob Beans Corn/SG[Tob Beans Latitude & Longitude- 35° 11` 25" 80° 36' S2" 35011' 8" 80° 30' 58" 4 46.9 9,4 20.5 COMMENTS: SG denotes small grain. 38.9 9.4 18_7 Com/SG/Tob Beans Com/SG/Tob Beans Com/SG/Tob Beans t 21" 80° 29' 51" 35° 13' 21" 80° 29' 51" 35°13'21„ 80 29' 51" SITE LOCATION MAP =2A MILES RRI.L MATTHEWS 0l (1-5) SA SITE SUMMARY SHEET COUNTY: Moore SITE NUMBER: M09(1-3) OWNER: Ralin Matthews OPERATOR: Same ADDRESS: 5913 Ho man Rd. Hoffman, NC 28347 PHONE: (910)281-4587 Total Acre 22.0 Est. App. Acres Cro * s 21.0 Com/SG Beans 10.7 Com/SG Beans 10.4 Com/SG Beans COMMENTS: SG denotes small grain. ude & .on• Etude 35° 04° 46" 79° 29' 56" 35° °4142" 79° 29' 56" 79° 29' 56" SITE LOCATION M: 1 "=2.4 MILES LIN MATTHEWS v109 (1-3 ) ECKED 8L+ A Y: 66 SITE MAP I"=66©' ( q RALIN MATTHEWS Au - 2nocf M09 (Ln • y • IAA To "Thunder Road'. x-x-x Fence Rahn Matthews. TRS / Tyson Poultry nd Application Pro 88-00-01 OA GORE 5 Buffer Map SITE SUMMARY SHEET COUNTY: Richmond OWNER: Grant Andrews OPERATOR: Same SITE NUMBER: RM8 ADDRESS: 6563 Grassy Island Rd. PHONE: Fields 1 2 5 6 9 Gilead, NC 27306 0) 439-5182 Total Acres Est. App. Acres 29.3 28.7 17.5 47.41 21.2 29.1 22.63 23.1 25.7 28.7 16.2 39.7 18.4 26.1 16.2 TOTALS 272.91 234.1 COMMENTS: SG denotes small grain. Crops Com/SG/Tob Beans Com/SG/Tob Beans Com/SG/Tob Beans Com/SGfTob Beans Com/SG/Tob Beans Com/SG/Tob Beans Com/SG/Tob Beans Com/SGfTob Beans Com/SG/Tob Beans Latitude & Longitude 5 05' 57" 80° 00' 46" 35° 05' 54" 80°00'45" 35° 05' 48" 80° 00' 40" 35° 05' 45" 80° 00' 51" 35° 05' 29' 80° 00' 49" 5° 05' 33" 0° 00' 30" 35° 08' 12" 80° 01' 06" 35° 08' 29" 80° 00' 43" 35° 09' 19" 80° 00' 55" SITE LOCATION MAP =2,4 MILES ( GRANT ANDREWS �� 1-9) COUNTY:Rrrc)rld OWNER OPERATOR: ADDRESS. PHONE: Da Same SUS HE SITE NUMBER: R 5 Jones Springs Church ( )55 -55 5 Fields To A C; Ap,. 60 TOTALS S 5 t? Small Grain SITE LOCATION MAP =2.4 MILES DALE DEWITT SITE MAP =66O' DALE DEW.ITT RM9 (1) COUNTY: Richmond OWNER: Ed Dewitt OPERATOR: Same ADDRESS: PHONE: SITE SUMMARY SHEET SITE NUMBER: RM10 665 Jones Springs Church Rd Ellerk e, NC 28338 0 652-5585 Fields Total Acres Ac 1 8.40 60 7.40 21.00 Bermuda' Small Grain Bermuda! Smaa Grain 35° 09" 10" 79° 42' 13" 35° 09' 18" 79° 42' 07" 13.00 4 7 11.30 Bermuda/ Small Grain 35° 09' 20" 79° 41' 49" 46.70 43.30 1.50 42.10 46.70 Bermuda/ Small Grain Bermuda/ Small Grain 35° 09' 29" 79° 41' 38" 35° 09' 20" 79° 42' 00" 3.57 79° 41' T9'" 42 U2" 9 10 29.55 41.77 27.30 36.40 TOTALS .72 60"30 COMMENTS: Bermuda( Small Grain Bermuda/ Small Grain Bermuda/ Small Grain 35' 09' 02" 79° 42' 25" 35° 09' 4.1" 79° 42' 29" 35° 0T 27" 79° 42' 46" COUNTY: Richmond OWNER: SITE SUMMARY SHEET Ed Dewitt SITE NUMBER: RM10 OPERATOR: S ADDRESS: PHONE: 665 Jones Springs Church Rd Ellerbe, NC 28338 (910) 652-5585 Fields 11 12 14 15 16 17 18 19 20 Total Acres 41.26 29.93 35.96 20.40 37,82 13.84 56.56 1©.94 18F40 64,48 Est. App. Acres 36.50 26.73 33,46 16.90 Drops L,atltude & Longitude Bermuda! 35° 08' 25" Small Grin 79° 41' 33" Bermuda! 35° 08' 14" Small Grain 79° 41' 24" Bermuda! 35° 08' 06" Small Grain 79° 41' 36" Bermuda! 35° 08' 55" Small Grain 79° 43' 00" 26.90 Bermuda! 35° 08' 46" Small Grain 79° 42' 51" 13.50 51.80 9 5.80 62.60 TOTALS 329.59 293„99 COMMENTS: Bermuda! Small Grain 35° 08' 42'' 79 42' 50" Bermuda! 35° 08' 29" all Grain 79° 42' 49" Bermuda! 35° 08' 51" Small Grain 79° 42' 25" Bermuda! Small Grain Bermuda! Small Grain 35° 08' 47" 79° 42' 21" 35° 08' 38" 79° 42' 20" " SITE LOCATION MAP 1-=2 4 MILES ED DEWITT 0(1-12) SITE .),,L-t.P ED DE; 7 RIM] 0 :u I A MR. DANIEL CROWE, PLANT MANAGER TYSON POULTRY, INC. POST OFFICE BOX 158 HARMONY, NORTH CAROLINA 28634 Dear Mrr Crowe: Michael F, Easley, Governor William G North Carolina Department of Environment a Alan July 3, 2003 Subject: Permit No. Wt Tyson Poultry, Harmony, NC Rendering Plant Residuals Land Application Program Land Application of Residual Solids (503 .Exempt) Iredell County 701 In response to your permit modification application packages received on July 30, 20(12 and January 2, 2003, we are forwarding herewith a reissued Permit No. WQ0000701, dated June 15, 2001, to Tyson Poultry, 'Inc, for the subject residuals land application program. This per t shall be effective from the date of issuance until May 31., 2006; shall void the first June 15, 2001 issuance of Permit No. WQ0000701; and shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact that a permit renewal application. is due to the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition VI. 7,), as the Division does not send reminders to apply for permit renewal. Please note that this permit is being. reissued only in a new format to facilitate new permit review procedures that have been put into place by the Division. Note that no approval of the requested permit modifications is being provided by this issuance of the permit. A separate approval or denial. of these modifications will be forthcoming to you from the Water Quality Section of the Division's Mooresville Regional Office. Be advised that operation of disposal facilities without a valid permit is a violation of North Carolina General Statute § 143-215v 1 and may subject the owner/operator of the facilities to enforcement action in accordance with North Carolina General Statute § 1.43.21.5.6. Civil penalties of up to $10,000 per day per violation may be assessed for failure to await the issuance of a pertnit required by North Carolina General Statute §.143-215.1. As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay particular attention to the monitoring requirements in this permit, Failure to establish an adequate system for collecting and maintaining If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the from of a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail. Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. Non• -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet http;/lh2a.enr,state.nc.us/ndpu Telephone (919)733.5083 Fax (919) 715-6048 DENR Customer Service Center An Equal Opportunity Action Employer Telephone 1 B00 623-7745 50° recycled/10% post consumer paper If you need any additional information concerning this matter, please contact Mr. LR. Joshi by telephone at (919) 733-5083, extension 363, or via e-mail at jayajoshi@ncmafinet. cc: Mr, Alan Brown, EMA Resources, Inc. Alexander County Health Department Illavic County Health Department Moore County Health Department Richmond County Health Depaittriern Stray County Health Department Wilkes County flealth Department Fayetteville Regional Office -Water Quality Section Fayetteville Regional Oftice-Groundwater Section Mooresville Regional Office -Water Quality Section Mooresville Regional Office -Groundwater Section Winston-Salem Regional Office-AATater Quality Section Winston-Salem Regional Office -Groundwater Section Central Office -Groundwater Section Technical Assistance and Certification Unit Water Quality Central Files NDPLJ Files NDPU Residuals Program Coordinator 2 Sinc rely, or Alan W. Klimek, P. E. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS (03 EXEMPT) PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Tyson Poultry, Inc. Iredell County FOR THE continued operation of a .residuals land application program, for Tyson Poultry, Inc. and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit application package received on November 4, 1999 as well as the additional information received on November 29, 1999; November 4, 2000; May 29, 2001; and June 4, '2001; and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered apart of this permit. This permit shall be effective from the date of issuance until May 31, 2006; shall void Permit No. WQ0000701., issued on June 15, 2001; and shall be subject to the following specified conditions and limitations: PERFORMANCE STANDARDS L Within 180 days of the issuance of this permit, the Permittee shall prepare and submit a permit modification application package to the Division of Water Quality (Division) for review. This application package shall request approval of additional land applications sites to receive residuals under the conditions of this permit. The additional sites shall be of sufficient acreage to facilitate the complete agronomic assimilation of all of the nutrients contained in the residuals from the source identified in Condition H. 7. Within this same timeframe, the Permittee shall develop a course of action with respect to improving the residuals treatment (i.e., stabilization) and storage facilities currently available at the Tyson Poultry, Inc. Harmony, NC Rendering Plant. The application package, therefore, shall also contain information related to determining a treatment process that will produce a more stable residuals product, developing sufficient storage that adequately meets the needs of the overall residuals management program, as well as proposing a schedule to complete any requisite studies and implement the findings generated therefrom. Five copies of the application package shall be submitted to the NCDENR-DWQ, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. The residuals land application program shall be effectively maintained and operated as a non - discharge system to prevent the discharge of any wastes resulting from the operation of this program. 3. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals adequately and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program. 5. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease land applying residuals to the site, contact the Water Quality Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. 6. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. 7. When residuals are land applied under the conditions of this pennit, the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix 11 shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction requirement. 2 8. Only the land application sites listed in the most recently -certified Attachment B of this permit are approved for residuals land application. 9. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently - certified Attachment B of this permit not owned by the Permittee are in full force and effect These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. 10. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 11. The Water Quality Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Water Quality Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http://h2o.enr.state.ncals/ndput II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities and land application sites shall be properly maintained and operated at all times. 2. Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0202. No residuals shall be stored at any land application site at any time, unless wniten approval has first been requested and obtained from the Division. 4. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 5. When land applying residuals to any land application site, the following buffer zones shall be maintained at all times: a. 400 feet from residences or places of public assembly under separate ownership for surface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Section of the appropriate Division's regional office in Attachment B of this. permit; b. 200 feet from residences or places of public assembly under separate ownership for subsurface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Section of the appropriate Division's regional office in Attachment B of this permit; c. 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class 1 or Class 11 impounded reservoir used as a source of drinking water for both methods; d. 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application; e. 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application; f. 50 feet from property lines for both surface and subsurface application methods; g. 50 feet from public right of ways for both surface and subsurface application methods; h. l 0 feet from upslope interceptor drains and surface water diversions for both surface and subsurface application methods; i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface and subsurface application methods; and j. 100 feet from rock outcrops for both application methods. Some of the buffers specified above may not have been included in previous permits for this residuals land application program. However, any land application sites that are listed in the most recently -certified Attachment B of this permit, but were approved with different buffers shall be reflagged to comply with these buffers. 6. Maximum slope for land application of residuals shall he 10 percent for surface application methods and 18 percent for subsurface application methods. 7. Specific residuals land application area boundaries shali be clearly marked on each land application site prior to and during a residuals land application event. 8. The lifeline loading rates (LLRs) of heavy metal loadings rates on any land application site shall not exceed the following for the corresponding soil cation exchange capacities (CEC): Parameter Cadmium Copper Lead Nickel Zinc LLR for a Site with CECs <5 (pounds per acre) 4.5 125 500 125 250 LLR for a Site with CECs 5 to 15 (pounds per acre) 9 250 1,000 250 500 LLR for a Site with CECs >15 (pounds per acre 18 500 2,000 500 1,000 9. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0, on all land application sites onto which residuals are land applied to ensure optimum yield for the crops specified in Condition 11. 13. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4 10. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.._.e., high sodium adsorption ratio (SAR) of five or higher), the exchangeable sodium percentage (ESP) or other method as approved by the Division, using the results from, the annual soils analysis as required by this permit, shall be monitored on all of the land application sites. The local Cooperative Extension Office, the Department of Agriculture and. Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist shall review the results and make recommendations regarding soil amendments (e.g., gypsum, etc.) or other ameliorative nrechanisrn for maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall implement such recommendations accordingly and shall maintain. written records of each monitoring event that includes details of the sites covered and rate of soil amendment. application. 11. Prior to land applying residuals to any land application site that has previously received or is intended to receive animal waste (e.g., poultry litter, etc) or other source of nutrients (e.g.,. fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the volume and analysis of the applied waste/nutrients. from the landowner and/or lessee/operator of the site. The Permittee shall be responsible for verifying the volume of residuals that may be land applied to the site such that the plant available nitrogen (PAN) loading rate for the specified crop (i.e., see Condition Il. 13) shall not be exceeded by all of the sources of PAN applied. Should the maximum PAN loading rate be met or exceeded, then no additional residuals shall be land applied to the site, 12. A suitable vegetative cover, as listed in Condition II. 13., all be maintained on land application sites onto which residuals are land applied in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist and as approved by the Division. 1.3. Residuals and other sources of PAN shall be land applied to all land application sites at agronomic rates in accordance with the crop management plan outlined by the local Cooperative Extension Office., the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. Under no circumstances shall the following PAN loading rates land applied to any site exceed the following for the specified crops: Crop Alfalfa PAN )Ouflds per -e per year) 200 Crop Forest Hardwood or Softw Bermuda Grass ay or Pasture) Blue Grass Corn (Grain) Corn (Silage). Cotton Fescue 220 Milo 120 160 200 70 250 Srnall Grain at, Barley, orOats Sorghum or Sudex (Pasture) Sorghum or Sudex (Silage) 'oybeans Timothy, Orchard, or R e. Grasses PAN (pounds per 200 The Permittee shall apply for and receive a modification of this permit before land applying residuals on any land application site that is to be established in a crop other than those listed above. A maximum PAN loading rate for the desired crop shall be approved with the permit modification. If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested, If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will .essentially be returned to the soil. Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by the Division. 14, Animals shall not be grazed on any land application site for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event. 15. Food crops, feed crops, and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after any residuals land application event. 16.. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after any residuals land application. event. 6 17. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil, 18. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil. 19. Turf shall not be harvested for one year after any residuals land application event. 20. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. Adequate procedures shallbe provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 22. Surface -applied residuals shall be plowed or disced within 24 hours after land application on land application sites with no cover crop established. 23. For land application sites that are prone to flooding or within the 100-year flood elevation, residuals shall be land applied only during periods of dry weather. The residuals shall be incorporated into the soil, within 24 hours after land application. 24. Residuals shall not be land applied during inclement weather or until 24 hours .following rainfall event of 0.5-inch or greater in 24 hours. Any emergency residuals land application measures shall first be approved in writing by the Division. 25. Residuals shall not be land applied to any land application site that is flooded, frozen, or snow-covered. 26. Appropriate measures shall be taken to control public access to the land application sites during active site use and for the 12-month period following the last residuals land application event. Such controls may include the posting of signs indicating the activities being conducted at each site, III. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 7 Residuals generated by each residuals source -generating facility listed in the most -recently - certified Attachment A of this permit shall be analyzed to demonstrate that they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source - generating facility listed in the most recently -certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are land applied at a frequency less than that which is specified in the most recently - certified Attachment A of this permit, the analyses shall be required for each residuals land application event. The TCLP analysis shall include the following parameters note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) Barium (100.0) Benzene (0.5) Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0,03) Chlorobenzene (100.0) Chloroform (6.0) Chromium (5,0) m-Cresol (200.0) o-Cresol (200.0) p-Cresol (200.0) Cresol (200.0) 2,4-D (10.0) 1,4-Dichlorobenzene (7.5) 1,2-Dichloroethane (0.5) 1,1-Dichloroethylene (0.7) 2,4-Dinitrotoluene (0,13) Endrin (0.02) Hexachlorobenzene (0,13) Heptachlor (and its hydroxide) (0.0 Hexachloro-1,3-butadiene (0.5 Hexachloroethane (3.0) Lead (5.0) Lindane (0.4) Mercury (0.2) Methoxychlor (10.0) Methyl ethyl ketone (200.0) Nitrobenzene (2,0) Pentachlorophenol (100.0) Pyridine (5,0) Selenium (1.0) Silver (5.0) Tetrachloroethylene ((17) 8) Toxaphene (0.5) Trichloroethylene (0.5) 2,4,5-Trichloraphenol (400,0) 2,4,6-Trichlorophenol (2,0) 2,4,5-TP (Silvex) (1„0) Vinyl chloride (0.2) After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. 3. An analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently -certified Attachment A of this perrnit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this permit, an analysis shall, be required for each .residuals land application event. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Ammonia -Nitrogen Cadmium Calciurn Copper Lead Magnesium Nickel Nitrate -Nitrite Nitrogen Percent Total Solids pH Phosphorus Potassium Sodium Total Kjeldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when a residuals land application event of residuals generated by the residuals source -generating facility occurs during that year. 4. Residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit shall be monitored for compliance with Condition L 7. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition I. 7. in the most recently - certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 5. Laboratory analyses as required by Condition III. 2., and Condition III. 3. shall be performed/gathered on the residuals as they are to be land applied. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H .0800 or 15A NCAC 2H .1100. 6. Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone nurnber); d. Method of land application; e. Weather conditions (i.e., sunny, cloudy, raining, etc.); f. Soil conditions (i.e., dry, wet, frozen, etc.); g. Type of crop or crops to be grown on field; h. Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per hectare; i. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); j Volume of soil amendments (i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); and 9 k. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and other sources of nutrients (i.e., if applicable), annual and cumulative pounds per acre of each heavy metal (i.e., shall include, but shall not be limited to, cadmium, copper, lead, nickel, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. 7 A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred, and the results shall be maintained on file by the Perinittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Calcium Cation Exchange Capacity Copper Base Saturation (by calculation) Exchangeable Sodium Percentage (by calculation) Phosphorus Potassium Sodium Zinc Magnesium Manganese Percent 'Huinic Matter pH Three copies of all required monitoring and reporting requirements as specified in. Condition 1II. 1., Condition HI. 2., Condition 1II. 3., Condition III. 4., Condition III, 5., Condition III, 6., Condition III. 7. shall be submitted annually on or before March 1st of the year following the residuals land application event to the following address: NCDENR-DWQ Water Quality Section Non -Discharge Compliance/Enforcement Unit 1.617 Mail Service Center Raleigh, North. Carolina 2.7699-1.617 9. Noncompliance Notification: The Permittee shall report by telephone to the Water Quality Section of theDivision's Mooresville Regional Office at telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the residuals land application program that results in the land application of significant amounts of residuals that are abnormal in quantity or characteristic. Any failure of the residuals land application program resulting in a release of material to receiving waters. Any time that self -monitoring information indicates that the residuals land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the program system was designed. d. Any process unit failure, due to known or unknown reasons, that render the residuals land application program incapable of adequate residuals treatment. e. Any spillage or discharge from a vehicle or piping system transporting residuals to the application site. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. b. c. 10 IV. GROUNDWATER REQUIREMENTS Land Application Site Requirements: Each land application site identified with a GW-A in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table greater than three feet below the land surface. Residuals land application events may occur on these sites throughout the year. b. Each land application site identified with a OW-B in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table between one and three feet below the land surface. Residual land application events on these sites shall be prohibited from December through March, inclusive. No residuals shall be land applied to these sites when the vertical separation between the depth of residuals land application and the water table is less than three feet. The actual water table depth for seasonally -restricted soils shall be verified by soil borings within '24 hours prior to any residuals land application event that occurs from April through November, inclusive. The number of borings advanced shall be sufficient to characterize water table conditions across the land application site adequately. Any open borings shall be properly filled with native soil, prior to the residuals land application event, to decrease the chance of any residuals contaminating the groundwater. 2. Applicable Boundary Requirements: a.. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action according to 1.5A NCAC 2L .0106 (d)(2), b. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review. Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(2). 3. Additional Requirements: a. Any groundwater quality monitoring. as deemed necessary by the Division, shall be provided. V. INSPECTIONS I. Prior to each residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an. inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee, This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. 1 1 2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS This perrnit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes § 143-215.6A through §143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2H .0205 (c)(4). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation. control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC .0500. 6. This permit. may be modified, revoked, .and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment. and public health adequately. 7. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the facilities and residuals land application program described therein, and if 'warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting 'materials as may be appropriate. The approvai of this request shall be considered on its merits and may or may not be approved. 12 Perrot issued this the fifteenth day of June, 2001. NORTH CAROLINA ENVIRONMENTALi AGEMENT COMMISSION fo Alan Klimek, PE., Dirert Division of Water Quality By Authority of the Envir na Number WQ0000701 yenta] Management Commission t TTi A Permit No. yssn Patel; y, M Rand rug Plant Re 0000701 Owner nd Appluatron Programs Facility Name 5,543-dry tons per year of residuals to he land applied under the conditions of this per Pretreatment Permit No. i 003-1, issued by the Town of iW'ilkesboroj of Tyson Poultry, aura County, NC (i.e„ NPDES Permit No. NC0036441). All residuals are mixed and treat isiduals generased by the trndividuei plants/facilities he land applied as is ti.., wit]'( iron plcunsifaciiiris s "'a as'" narce again, the Pernidtee shall regt County NCOO(J Maximum Dry Tons Per Year 543.00 0 gated f oul the tretitttzeut of "ascew,aee a the Harmony. NC Rena at the Case Farms Facility in Burke County, NC (Non -Discharge Pernait d at the Tyson, Poultry, lac. Harmony, NC Rendering Plant and then land applied as fixing and treatment at the Tyson Poultry, Inc. lLuxnony, NC Rendering Plant. orrnacl permit modification the Division 4luanafior¢ng Frequency for Condition 111. 2. ce pet Pert itt kesbaro, NC Plant and the Townsend Foods, Inc. l ng e source: Under no circumstances: uld it be desired to land, apply th Approved Mineralaaation 0.40 Certtfic triton Date i lane 15, 2001 ATTACHMENT B - Approved Land Application Sites Permit No. WQ0000701 Tyson Poultry, Inc. Harmony, NC Rendering Plant Residuals Land Application Program Site/Field IDa A0 AL3-03 AL3-04 AL3-05 AL3-06 AL3-07 AL3-08 AL3-09 AL3-10 AL3-11 AL3-12 AL3-13 AL3-14 AL3-15 AL3-16 AL3-18 Total For County GD-01 HD-01 HD-02 Total For Coun MO-08-01 MO-08-02 MO-08-03 MO-08-04 MO-09--04. MO-10-01 MO-10-02 MO-10-03 otal For County Landowner Lessee/Operator County Latitude Longitude Net Acreage Applicable Restriction in Condition CV. L Vau Fhn Ale Rogers, Walter Vaughn Rogers, Walter Vaughn Rogers, Walter Vaughn Rogers, Walter Vaughn Rou ers, Walter Vau hn Rogers, Walter Vaughn Ro ers. Walter Vaughn Rogers, Walter Vaughn Rogers, Waiter Vaughn Rogers, Walter Vaughn. Rogers, Walter Vaughn Rogers, Walter Vaughn Rogers, Walter Vaughn Rogers, Walter Vaughn Rogers, Walter Vaughn Matthews, Rahn Matthews, Ralin Matthews, Rahn ftrtthews,Rahn Matthev s, Rahn Matthews, Ralin. Matthews, Ralin Matthews, Ralin -01-01on,'Robert RM-0i-02t" Williamson, Robert T, RM-02-01 Williamson, Robert T, RM-02-02 Williamson, Robert T. RM-03-01 Williamson, Robert T- Permit No, WQ0000701 Alexander A1ex.ander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander Alexander 7,40 GW A 23.20 38.80 13,20 12,80 18,30 14.10 10.1.0 4.60 18.00 12,90 29.40 18.6© 29.90 &00 10.80 30,60 310.70 25.90 38.90 18.70 Davie ,g3,d`0 GW-A GW-A GW-A GW-A GW-A GW-A -A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A GW-A Moore 66.60 OW -A Moore 16.40 _ GW-A Moore 2250 G W -A Moore 13,00 GW-A Moore 50.10 GW-A Moore 75.00 GW-A Moore 83.00 GW -A Moore 20.60 G W -A Moore 347.20 Richmond 59.70 GW-A Richmond 82,80 GW-13 Richmond 18.40 GW-A Richmond 41,60 GW-A Richmond 17.50 GW-A Page 1 of 3 Certification Date: June 15, 2001 ATTACHMENT B - Approved nd Application Sites Permit No. WQ00007O1 Tyson Poultry, Inc. Harmony, NC Rendering Plant Residuals Land Application Program Site/Field ID" ner Operator ude ude ate Appticalrte Restriction in 'audition IV. 1. RM-CP3-0 2 n, Robe Richmond Williamson, Robert T. Richmond 0 GW-A 2.80 GW-A RM-03-04 R RM-04-02 R M-04-03 RM-04-04 RM-05-0 son, Robert T. amso Robert T. Robert T arrsscatt, Robert T, amsran. Robert T. Richmond Richmond Ric'hma Id ichmond Ri nd 65.10 B 63.30 GW-B 41.10 scan, Robert T. Riehrrsond 50.40+ 85.70 G A -A 42.60 GW-A RM-05-02 R illiatnson, Robert T. ill.iamson, Robert T. Richmond Richmond 38.20 36.60 GW-B GW-B RM•05-04b Rls4.-07 0 an, Robe' T. Richmon 7 msan, Rob Richm RM-07-02 arn+,on, Robe Richmond. 7 liamson, Rob RM-07- n, Robert. T Richirao B A 0 GW-A 0 GW-A Richmond 41.90 G W-A RMµ07-05b RM-07-06 RM-07-07" Total I* or 6:orimy SU-Ot-0i 0[-02 ilfiaiinon, Robert T Richmond 75_90 GW-A on, Robert T. Richmond 1Vilt'iamson, Robert T. Richmond Riche d 75.30 GW-A 31.40 GW-A 338.90 nson, Monr hi on Suety 73.70 SU-01-04 SU hnson, Monr ohnson. Mo Ty Surry SU-01-06 01-07 U-0 U-0 nson, Walter & Mono hnso 70 GW-B GW»A 0.70 GW-A 7.30 G'+' A 7.50 GW-A Su SU-01-t0 SU-01 SU-0 SU-01 SU-01-14 SU-01-15 SU-01-16 n. Ntcrnroe do Wa alte Sutry S hnscan, Mountie & Walter curry ro of hnson, Monroe &. Walter S olinsan, Monroe & Walter ohnson, Monroe & Walter one Monroe, e Walter u urry Surry Surrw u .y 4.30 GW-A 7.60 CrW-A 60 GW-A 70 21.20 7.90 90 2.70 GW-A A A GW-A GW-A -A Permit No. W Q©000701 Page 2of3 Certification Date: June 15, 2001 ATTACHMENT B - Approved Land Application Sites Permit No. WQ0000701 Tyson Poultry, Inc. Harmony, NC Rendering Plant Residuals Land Application Program SitefFiehl SU-01-17b SU-01-18ab SU-01-18h SU-01-19 Total For County WK-01-014 WK-03-02b WK-04-01e WK-05-01 Total For County Total Landowner Johnson, Monroe & Walter Johnson, Monroe & Walter Johnson, Monroe & Walter Johnson, Monroe &Wa Mathis, Diana Pardue Duncan, Donald & Mae Duncan, Donald Myers, Dwayne Lessee/Operator Mathis, Talmadge County Surry Surry Surry Surry Surry Wilkes Wilkes Wilkes Wilkes Wilkes Latitude Longitude Net Acreage 47.30 10.40 12.70 12.10 3,55,50 34.36 51.70 38.80 28.90 153.76 2 589.56 Applicable Restriction in Condition IV. 1. a Residuals shall be subsurfacely injected on all land application sites m order to reduce the potential for generation of nuisance conditions. Surface application methods. shall be strictly forbidden without first applying for and receiving written authorization from the Division. b This land application site is subject to flooding or is located within the 100-year flood plain and shall, therefore, be subject to the requirements of Condition II. 23. This land application site has slopes up to 18 percent. Therefore, care shall be taken to ensure that no runoff of injected residuals occurs. GW-B GW-B GW-B GW-B GW-A GW-A GW-A GW-A Permit No. WQ0000701 Page 3 of 3 Certification Date: June 15, 2001 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director MR, DANIEL CROWE, PLANT MANAGER TYSON POULTRY, INC. POST OFFICE BOX 158 HARMONY, NORTH CAROLINA 28634 Dear Mr, Crowe: June 15. 2001 NORTH CAROLINA DERART'MEN-T'OF ENVIRONMENT AND NATURAL RESOURCES JUN 2 0 2001 WATER QUALITY SEC Subject: Permit No, WQ0000701 Tyson Poultry, Inc. Harmony, NC Rendering Plant Land .Application of Residuals from the Treatment of Other Wastewater lredell County 4 A' In accordance with your application received on November 4, 1999 as well as the additional information received on November 29, 1.999; November 4, 2000; May 29, 2001; and June 14, 2001,.we are forwarding herewith Permit No. WQ0000701, dated June 15, 2001, to Tyson Poultry, Inc. for the continued operation of a wastewater residuals land application program to be run from its Harmony, North Carolina Plant. This permit not only approves the continued operation of a program for the application of 'residuals derived frorn the treatment. of industrial wastewater on agricultural land, but also increases the volume of residuals perrnittedfor land application from up to 4,071 dry tons per year to 5.543 dry tons per year) so that current production trends are accurately reflected. In addition, this perrnit is being modified to approve new land application sites as well as remove sites previously approved such that there is a net increase in the acreage approved to receive residuals (i.e., from approximately 2,270.00 acres to approximately 2,589.56 acres). This permit shall be effective from the date of issuance until May 31, 2006; shall void Permit No. WQ000070.1, issued March 31, 1998; and shall be subject to the conditions and limitationsas specified therein. Please take time to review this perrnit thoroughly. Of special interest are the .following new and amended provisions: • General: The' Permittee for this perrnit has been changed from Tyson Foods, Inc. to Tyson Poultry, Inc., as the latter is corporation name that is properly registered in the State of North Carolina. The permit description has been modified to reflect the fact that the volume of residuals approved for land application has been increased from up to 4,071 dry tons per year to up to 5,543 dry tons per year. In addition, the amount of land permitted in this land application program has increased from approximately 2,270.00 acres to approximately 2,589.56 acres. • Condition t This new condition requires the Permittee to submit a permit modification application package within 180 days to the Division of Water Quality (Division) for consideration. The application package should address the need for additional acreage, treat.ment, and storage in order to facilitate the operation of the residuals land application program in a more effective and efficient manner. • Condition This new condition requires notification of local governmental officials immediately prior to land application of residuals onto a newly -permitted land application site. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper ON Condition I. 3.: This new condition requires that the appropriate regiona office is notified immediately prior to any time that a land application event is initiated in a region. cjiIriditicip1_5,: This condition has been amended with a requirement that the appropriate regional office be contacted in the event that the subject residuals land application program is not operating satisfactorily, Condition I. 14.: This condition has been amended to reflect the fact that the residuals may only be land applied using a subsurface application method, Condition II. 4.: the residuals. Condition II. 5.: application sites residuals. This new condition has been added to the permit to help address high salt content in This new condition requires the Permittee to account for nutrients applied to land in the form of animal waste when determining agronomic loading rates for the Condition 11. 6.: This condition has been amended with some language pertaining to allowable plant available nitrogen (PAN) loading rates when land application sites are double -cropped. Condition II, 7.: The volume of residuals generated by the Harmony, NC Rendering Plant of Tyson Foods, Inc. permitted for land application is now 5„.543 dry tons per year. In addition. language has been added to this condition regarding how residuals from other sources are to be mixed and treated prior to land application. • Condition II. 9.: This condition has been amended to reflect the adoption of new rules by the. Water Pollution Control System Operators Certification Commission (WPCSOCC). The referenced regulation is now 15A NCAC 8G .0202. • • • Condition II. 1 le This condition has been amended to require the establishment of a cover crop within 30 days of an application event on land without a previously -established cover crop. Condition IL 23.: This condition has been amended to forbid the use of any turf cover crop for an one- year period following residuals land application. Condition 111, 2..: Additional recordkeeping requirements related to the volume of soil amendments and animal waste have been added to this condition. Condition III. 4.: Because the management of residuals at the Harmony, NC Rendering Plant of Tyson Foods, Inc. has changed (i,e, residuals sources are mixed and then treated and land applied as a single source), this condition has been amended to require that the residuals be tested for various parameters every 60 days when land application is occurring. Condition 111. 5.: Note that is current Division policy to require that a TCLP be performed on the residuals at least once per permit cycle. Condition 111. 6.: This condition requires that monitoring to ensure compliance with the federal pathogen reduction requirements be conducted every 60 days when land application of residuals that have been generated from wastewater that contained any percentage of domestic content is occurring. Condition III. 7.: This condition has been amended to reflect the new mailing address to be used when submitting all monitoring and reporting information. Condition III. 8.: This condition has been amended to include the telephone number for the Fayetteville Regional Office, as it is the entity to notify when a non -compliant event occurs in Moore County or Richmond County. Condition N. le This amended condition contains details about methods that the Division's Groundwater Section would consider to be acceptable for the purpose of verifying the water table depth. • Condition VI, 3.: This condition has been amended to approve new sites to the residuals land application program as well as to approve the continued use of some of the sites previously permitted. The total acreage available for land application of residuals is now approximately 2,589.56 acres(i,e., increased from approximately 2,270.00 acres). Note that footnotes have been added to this condition to assist the Permittee in identifying those sites that are seasonally restricted as well as those that are located in the 100-year floodplain. • Condition VL 4.: This condition has been amended to reflect the fact that an application fee is no longer required when making an application to the Division to transfer this permit to a new owner or to reissue this permit such that it reflects a name change of the Permittee. • Condition VI, 7.: Language has been added to this condition to provide examples of some other rules and regulations that may affect non -discharge systems like this one. Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing within 30 days following receipt of this permit. This request must be in the fon-n of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, pese contact Ms. Shannon Mohr Thornburg at (919) 733-5083, extension 353. Sin T. Stev cc: EMA Resources, Inc. Alexander County Health Department Davie County Health Department Moore County Health Department Richmond County Health Department Surry County Health Department Wilkes County Health Department Fayetteville Regional Office, Water Quality Section Fayetteville Regional Office, Groundwater Section Mooresville Regional Office, Water Quality Section Mooresville Regional Office, Groundwater Section Winston-Salem Regional Office, Water Quality Section Winston-Salem Regional Office, Groundwater Section Groundwater Section, Central Office Technical Assistance and Certification Unit Non -Discharge Compliance/Enforcement Unit NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH RESIDUALS LAND APPLICATION PERMIT In accordance with the provisions of Article 2.1 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws. Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Tyson Poultry, Inc. Iredell County FOR THE continued operation of a wastewater residuals land application program consisting of the application of up to 5,543 dry tons per year of residuals from the source listed in Condition II. 7. onto approximately 2,589.56 acres of agricultural fields in Alexander, Davie, Moore, Richmond, Surry, and Wilkes Counties with no discharge of wastes to the surface waters, pursuant to application received on November 4. 1999 as well as the additional information received on November 29, 1999. November 4, 2000, May 29, 2001.,and June 14, 2001, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural. Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 2006; shall void Permit No. WQ0000701., issued March 31., 1.998; and shall be subject to the following specified conditions and limitations: PERFORMANCE STANDARDS 1. Within 180 days of the issuance of this permit, the Permittee shall prepare and submit a permit modification application package to the Division of Water Quality (Division) for review. This application package shall request approval of additional land applications sites to receive residuals under the conditions of this permit. The additional sites shall be of sufficient acreage to facilitate the complete agronomic assimilation of all of the nutrients contained in the residuals from the source identified in Condition IL 7. Within this same timeframe, the Permittee shall develop a course of action with respect to improving the residuals treatment (i..e., stabilization) and storage facilities currently available at the Tyson Poultry, Inc. Harm.ony, NC Rendering Plant. The application package, therefore, shall also contain information related to determining a treatment process that will produce a more stable residuals product, developing sufficient storage that adequately meetsthe needs of the overall residuals management program, as well as proposing a schedule to complete any requisite studies and implement the findings generated therefrorn. Five copies of the application package shall be submitted to the NCDENR-DWQ, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. The appropriatelocal governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial application of the residuals to any new land application site, so that an inspection can be made of the site and application method, In addition, the appropriate county manager's office shall be notified prior to the initial application of residuals on any new land application site so that they .will be aware that residuals land application activities have commenced on the site. 3, The Fayetteville Regional Office, telephone number (910) 486-1541, shall be notified at least 24 hours prior to each land application event on any land application site in Moore County or Richmond County, so that the regional office is aware of the event as well as to allow for an inspection to be made of the site and application method if needed. The Mooresville Regional Office, telephone number (704) 663- 1699, shall be notified at least 24 hours prior to each event on any site in Alexander County, so that the regional office is aware of the event as well as to allow for an inspection to be made of the site and application method if needed. The Winston-Salem Regional Office, telephone number (336) 771-4600, shall be notified at least 24 hours prior to each event on any site in Davie County, Surry County, or Wilkes County, so that the regional office is aware of the event as well as to allow for an inspection to be made of the site and application method if needed. Such notification to either Regional Water Quality Supervisor shall be made during normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 4. This permit shall become voidable if the soils fail to assimilate the residuals adequately and may be rescinded unless the land application sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and groundwater. 5. The residuals land application program shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. 6. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or ground water resulting from the operation of the residuals land application program. 7. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease applying residuals to the land application site, contact the appropriate regional office, and take any immediate corrective actions as may be required by the Division, 8. Some of the buffers specified belov,, may not have been included in previous permits for this residuals land application program. However, any land application sites or fields that are included in this permit, but were approved with different buffers shall be reflagged to comply with the buffers listed below, The following buffer zones shall be maintained: a. 400 feet from residences or places of public assembly under separate ownership for surface application method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate regional office; b. 200 feet from residences or places of public assembly under separate ownership for subsurface residual injection method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate regional office-, c. 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of drinking water for both methods; d. 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application; e. 50 feet from any streams classified as WS or B. any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application; f 50 feet from property lines for both surface and subsurface application methods; g 50 feet from public right of ways for both application methods; h. 10 feet from upslope interceptor drains and surface water diversions for both, application methods; i. 25 feet from downslope interceptor drains. surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods; and j. 100 feet from rock outcrops for both application methods. 9. A copy of this permit shall be maintained at any land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 10. Specific residuals application area boundaries shall be clearly marked on each land application site prior to and during application, 11.. No residuals at any time shall be stored at any land application site, unless written approval has been requested and obtained from the Division, 12. The maximum slope for land application of residuals shall be 10 percent for surface application methods and 18 percent for subsurface application methods. 13. When residuals that are generated from wastewater that contains any percentage of domestic content are applied, the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II shall be met. Additionally, an evaluation shall be performed which demonstrates the residuals' ability to comply with this condition. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted to the Division. 14. All residuals land applied under the conditions of this peninit shall be subsurfacely injected in order to reduce the potential generation of nuisance conditions. Surface application methods shall be strictly forbidden without first applying for and receiving written authorization from the Division. II. OPERATION AND MAINTENANCE REQUIREMENTS The facilities and land application sites shall be properly maintained and operated at all times. 2. A suitable vegetative cover, as listed in Condition II. 6., shall be maintained in accordance with the crop management plan outlined by the local Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or other agronomist and as approved by this Division. 3. An acceptable pH shall be maintained in the soil, residual, and lime mixture, greater than 6.0, on all land application sites to ensure optimum yield for the crops specified in Condition II. 6. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4. Due to the potential for the residuals to contain a high salt content, the exchangeable sodium percentage (ESP) or other method as approved by the Division, using the results from the annual soils analysis as required in Condition III. 3., shall be monitored on all of the land application sites. The local Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or a North Carolina -licensed Soil Scientist shall review the results and make recommendations regarding soil amendments or other ameliorative mechanism for maintaining the integrity of the land application site, The Permittee shall implement such recommendations accordingly, 5. Prior to applying residuals to any land application site that has previously received or is intended to receive animal waste, (e.g., poultry litter,. hog lagoon effluent, etc.) in the future, the Permittee shall obtain information pertaining to the volume and analysis of the applied waste, from the landowner and/or lessee/operator of the site. The 'Permittee shall be responsible for verifying the volume of residuals that may he land applied to the site such that the plant available nitrogen (PAN) loading rate for the specified crop (i.e., see Condition II, 6.) is not exceeded by all of the sources of PAN applied. Should the maximum PAN loading rate be exceeded, then no additional residuals shall be applied to the site. The application rate of residuals to any land application site shall be such that the following PAN loading rates shall not be exceed the following specified crops: Crop PAN unds/acr Cro Alfalfa Bermuda Grass (Hay, Pasture) Blue Grass Corn (Grain) Corn. (Silage) Cotton Fescue PA, 200 Forest (Hardwood, Softwood) 75 220 Milo 100 1,20 Small Grain (Wheat, Barley, Oats) 100 160 Sorghum, Sudex (Pasture) 180 200 Sorghum, Sudex (Silage) 220 70 Soybeans 200 250 Timothy, Orchard, & Rye Grass 200 If the approved land application sites are to be double cropped (i.e., a crop in the spring and a second crop in the fall, with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be applied because the PAN will essentially be returned to the soil. 7. No residuals other than the following are hereby approved for land application in accordance with this pennit: Permit Volutne Source Coun v Number (dry tons/Year) Ty/son Poultry, Inc. Iredell NPDES Permit No. NC0005126 5,543' Harmony. NC Rendering Plant The 5,5.43-dry tons per year of residuals to be land applied under the conditions of this permit are generated from the treatment of wastewater at the Harmony, NC Rendering Plant and Wilkesboro, NC Plant (i.e.. Pretreatment Permit No. 1003-1, issued by the Ton of 'Wilkesboro) of Tyson Poultry. Inc.; at the Case Farrns Facility in Burke County. NC' (Non -Discharge Permit No. WQ0007511); and the Townsend Foods, Inc. Plant in Chatham County, NC NPD.ES Permit No. NC0026441). All residuals are mixed and treated at the Tyson Poultry, Inc. Harmony, NC Rendering Plant and then land applied as a single source, Under no circumstances shall the residuals generated by the individual plants/facilities be land applied "as is" (1„e., without mixing and treatment at the Tyson Poultry, Inc. Harmony, NC Rendering Plant.. Should it be desired to land apply the residuals generated by the individual plants/facilities "as is" once again, the Perrnittee shall request approval of a formal permit modification from the Division. 4 8. The lifetime heavy metal loadings (i.e., pounds per acre) on any land application site shall not exceed the following for the corresponding Cation Exchange Capacities (CEC): Paraweter CEC < 5 CEC 5 to 15 CEC > 15 Lead 500 1,000 2.000 Zinc 250 500 1.000 Copper 125 250 500 Nickel 125 250 500 Cadmium 4.5 9 18 9. Uponclassification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC),, the Permittee shall ern.ploy a certified land application/residuals operator to be in responsible charge (ORC) of the progra.m. The operator shall hold a certificate of the type classification assigned to program. by the WPCSOCC. The Permittee shall also employ a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0202. 10. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. 11. Surface -applied residuals shall be plowed or disced within 24 hours after application on land application sites with no cover crop established. An acceptable cover crop shall be established within. 30 days of the land application event. 12. For areas that are prone to flooding or within the 100-year flood elevation, residuals shall be applied only during periods of dry weather, The residuals shall be incorporated into the soil within 24 hours. after ]and application. 13. Appropriate measuresshall be taken to control public access to the land application sites during active site use and for the 12-month period following the last land application event. Such controls may include the posting of signs indicating the activities being conducted at each site. 14. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto adjacent properties or into any surface waters. 15. Residuals shall not be applied in inclement weather or until 24 hours .fiallowing a rainfall event of 0.5- inch or greater in 24 hours. Any emergency residuals disposal measures shall first be approved by the Division, 16. Residuals shafl not be applied to any land application site that is flooded, frozen, or snow-covered. 17. Residuals shall not be applied at rates greater than agronornic rates, unless authorized by the Division. 18. Animals shall not be grazed on a land application site for 30 days after residuals application. Sites that are to be used for grazing shall have fencing that will he used to prevent access after each application event. 19. Food crops, feed crops, and fiber crops that do not come i contact with the ials shall not be harvested for 30 days after residuals application. 20, Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons. cucumbers. squash, etc.) shall not be harvested for 14 months after residuals application. 5 21. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after application of -residuals when the residuals remain on the land surface for four months or longer prior to incorporation into the soil. Food crops with harvested parts below the surface of the land shall not he harvested for 38 'months after application of residuals when the residuals remain on the land surface for less than four months prior to incorporation into the soil. 23, Turf shall not be harvested for one year after residuals land application. III. MONITORING AND REPORTING REQUIREMENTS I. Any monitoring (i.e„ including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established and an acceptable sampling and reporting schedule shall be followed. Proper records shall be maintained by the Permittee tracking all residuals land application activities. These records shall include, but shall not necessarily be limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e,, site, field, or zone number); d. Method of land application; e. Weather conditions (i.e., sunny, cloudy, raining, etc.); f. Soil conditions (i.e., dry, wet, frozen, etc.); g. Type of crop or crops to be grown on field; h. Volume of soil amendments ., lime, gypsum, etc.) applied in gailons per acre, dry on per acre, or kilograms per hectare; i. Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per hectare; and Annual and cumulative totals of dry tons per acre of residuals and animal waste (if applicable), annual and cumulative pounds per acre of each heavy metal (i.e., shall include. but shall not be limited to. cadmium, copper, lead, nickel, and zinc), annual pounds per acre of plant available nitrogen (PAN), and annual pounds per acre of phosphorus applied to each field. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site receiving residuals in the respective calendar year, and the results shall be maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but shall not necessarily be limited to, the following parameters: Acidity Magnesium Phosphorus Calcium Manganese Potassium Cation Exchange Capacity Percent HUMIC Matter Sodium Copper pH Zinc Base Saturation (by calculation) 4. A residuals analysis .shall be conducted every 60 d.ays from the date of permit issuance by the Permittee, and the results shall be maintained on file by the Permittee for a minimum of five years. If land application occurs at a frequency less than every 60 days, a residuals analysis shall be required for each instance of land application. The residuals analysis shall include, but shall not necessarily be limited to. the following parameters: Aluminum Ammonia -Nitrogen Cadmium Calcium Copper Lead Magnesium Nickel Nitrate -Nitrite Nitrogen Percent Total Solids pH Phosphorus Potassium Sodium Total Kjeldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) After the residuals have been monitored for two years at the above frequency, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of monitoring for pollutant concentrations. In no case, however, shall the frequency of monitoring be lessthan once per year when residuals are land applied. 5. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Perrnittee once per permit cycle. The TCLP analysis shall include the following parameters i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) Cadmium (1..0) Chlorobenzene (100.0) o-Cresol (200,0) Cresol (200.0) 1,2-Dichloroethane (0.5) En.drin (0,02) Hexachlorobenzene (0.13) Lead (5.0) Methoxvchlor (10.0) Pentachlorophenol (100.0) Silver (5,0) Trichloroethylene (0.5) 2,4,5-TP (Silvex) (1.0) Barium (100.0) Carbon tetrachloride (0.5) Chloroform (6.0) m-Cresol (200.0) 2,4-D (10.0) 1,1-Dichloroethylene (0.7) Heptachlor (and its hydroxide) (0. Hexachloro-1.3-butadiene (0.5) Lindane (0.4) Methyl ethyl ketone (200.0) Pyridine (5.0) Tetrachloroethylene (0.7) 2,4,5-Trichlorophenol (400.0) Vinyl chloride (0,2) Benzene (0.5) Chlordane (0.03) Chromium (5.0) p-Cresol (200.0) 1,4-Dichlorobenzene (7.5) 2,4-Dinitrotoluene (0.13) 008) Hexachloroethane (3.0) Mercury (0.2) Nitrobenzene (2.0) Selenium (1.0) Toxaphene (0.5) 2,4.6-Trichlorophenol (2.0) 6. The residuals shall must be monitored every 60 days from the date of permit issuance by the Permittee for compliance with Condition I. 13. of this permit (i.e., if compliance with pathogen reduction requirements if needed). Data to verify stabilization of the residuals shall be maintained by the Perrnittee. The required data shall be specific to the stabilization process utilized, but should be sufficient to clearly demonstrate compliance the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Pan 257 Appendix II. 7. Three copies of all required monitoring. and reporting requirements as specified in Condition III. 1., Condition 111. 2., Condition 111. 3„ Condition 111. 4., Condition III. 5., and Condition III. 6. shall be submitted annually on or before March 1.st of the year following the land application event to the following address: NCDENR.-DWQ. Water Quality Section Non -Discharge Compliance/Enforcement Unit 1.617 Mail Service Center Raleigh, North Carolina 27699-1617 7 Noncompliance Notification: The Permittee shall report by telephone to the appropriate regional office (i.e., the Fayetteville Regional Office, telephone number (910) 486-1541, for land application sites in Moore County and Richmond County; the Mooresville Regional Office, telephone number (704) 663-1699, for sites in Alexander County as well as the facility in Iredell County; and the Winston-Salem Regional Office, telephone number (336) 771-4600, for sites in Davie County, Surry County, and Wilkes County) as soon as possible,. but in no case more than 24 hours or on the next working day following the. occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the residuals land application program that results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the residuals land application program resulting in a release of residuals to surface waters. c. Any time that self -monitoring information indicates that the facility or residuals land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons,. that render the facility incapable of adequate residual .treatrnent, e ,Anv spillage or discharge from a vehicle or piping system transporting residuals to the land application site. Persons reporting such occurrences by telephone shall also file a written report in letterforrn. within five days following first knowledge of the occurrence of the non-compliance event. This report must outline the actions taken or proposed to be taken to ensure that the. problem does not recur. IV. GROUNDWATER REOU REMENTS 1. Residuals land application activities shall not occur when the vertical separation between the depth of application and the water table is less than three feet, The water tableelevation may be confirmed by water level readings obtained from groundwater monitoring well(s) near the land application site or auger boring(s). Any boring(s) made for the purpose of verifying the water table elevation shall be done within 24 hours before the land application event. The number of borings advanced shall be sufficient to characterize the water table conditions across the entire site properly.. Any open borings shall he properly filled in with native soil prior to the land application event to decrease the chance of any residuals from contaminating the groundwater 2. The COMPLIANCE BOUNDARY for any land application site shall be specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each site initiated after Decenther 31,11983 shall be established at either (1) 250 feet from the site, or (2) 50 feet within the property boundary, whichever is closest to the site. An exceedance of groundwater quality standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under North Carolina General Statute §143-215.6A(a)(1 ). In accordance with 15A NCAC 2L, a .REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the site. Any exceedance of groundwater quality standards at the Review Boundary shall require remediation action on the part of the Permittee. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. Site No. AL3--1 AL3-2 AL3-3 AL 3-4 AL3-5 AL3-6 AL3-7 AL3-8 AL3-9 AL3-10 AL3--11' AL3-12 AL3-13 AL3-14 AL3-15 AL3-16 AL3-18 INSPECTIONS Prior to each land application event, the Permute e or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application site or facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. GENERAL CONDITIONS This permit shall become voidable unless the land application activities are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division, This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data, The following land application sites shall be approved to receive residuals (i,e., see attached location and buffer maps). Note that if only one name is provided in the owner/operator or lessee field of the table provided below, the owner and operator for the specified site are the same person. Application Area [acres] (excluding buffers) Owner/Operator or Les. Alexander Cow E Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers Walter Vaughn Rogers 17.4 232 38.8 13.2 12.8 18.3 14.1 10.1 4.6 18.0 12,9 29.4 18.6 29.9 8.0 10.8 30.6 TOTAL ACRES IN ALEXANDER COUNTY 310.7 9 GD-1 HD-1 HD-2 M08-1 M08-2 M0S-3 M08-4 M09-4 M010-1 M010-2 M010-3 No. Owner/Operator or Lessee Davie County Greg. Dooley Herbert E. Dooley Herbert E. Dooley TOTAL ACRES IN DA 4IE COUNTY Moore County Ralin Matthews Ralin Matthews Ralin Matthews Ralin Matthews Ralin Matthews Ralin Matthews Ralin Matthews Ralin Matthews TOTAL ACRES IN MOORE COUNTY Application Area [Q cr (excluding buffers) 25.9 38.9 18.7 83.5 66.6 16.4 13.0 50.1 75.0 83.0 20.6 347.2 Richmond County RM1-1 Robert "Bobby" T. Williamson 59.7 RM1-2"n Robert "Bobby" T. Williamson 82.8 RM2-1 Robert "Bobby" T. Willia.mson 18.4 RM2-2 Robert "Bobby" T. Williamson. 41.6 RM3-1 Robert "Bobby" T. Williamson 17.5 RM3-2 Robert "Bobby" T. Williamson 90.3 RM3-3 Robert "Bobby" T. Williamson 32.8 RM,3-4 - " Robert "Bobby" T. Williamson 65.1 RM3-5 " b Robert "Bobby" T. 'Williamson 63.3 RM4-2 Robert "Bobby" T. Williamson 41.1 RM4- 3 Robert "Bobby" T. Williamson 50.4 RM4-4 " Robert "Bobby" T. Williamson 85.7 RMS-1 Robert "Bobby" T. Williamson 42.6 RM5-2 'b Robert "Bobby" T. Williamson 38.2. RMS-3 b Robert "Bobby" T. Williamson 36.6 RM5-4 ". n Robert "Bobby" T. 'Williamson 71.9 RM7-1 Robert "Bobby" T. Williamson 138.1 RM7-2 Robert "Bobby" T. Williamson 23.0 RM7-,3 Robert "Bobby" T. Williamson 112.3 RM7-4 Robert "Bobby" T. Williamson 41.9 R.M7-5b Robert "Bobby" T. Williamson 78.9 RM7-6 b Robert "Bobby" T. Williamson 75.3 RM7-7 b Robert "Bobby" T. Williamson 31.4 TOTAL ACRES IN RICHMOND COUNTY I, 338.9 Surry County SU 1-1 " Monroe Johnson and Walter Johnson 73,7 SU1-2 Monroe Johnson and Walter Johnson .15.7 SU1-4 Monroe Johnson and Walter Johnson 30.7 SU1-5 Monroe Johnson and Walter Johnson 17.3 10 Application Area [acres" Site No. Owner/Operator or Lessee (excluding buffers) Surry County (continued) SU1-6 Monroe Johnson and Walter Johnson 7.5 SU1-7 Monroe Johnson and Walter Johnson 14.3 SU1-8 Monroe Johnson and Walter Johnson 7,6 SU1-9 . Monroe Johnson arid Walter Johnson 32.6 SU1-10 Monroe Johnson and Walter Johnson 11,7 SU I -H Monroe Johnson and Walter Johnson 7 I.? SW-12 Monroe Johnson and Walter Johnson 8.1 SU1-13 Monroe Johnson and Walter Johnson 3.1 SUI-14 Monroe Johnson and Walter Johnson 7.9 SU1-15 Monroe Johnson and Walter Johnson 8.9 S1J1-16 Monroe Johnson and Walter Johnson 12.7 SU1-17"'' Monroe Johnson and Walter Johnson 47.3 Sti1-18a"'h Monroe Johnson and Walter Johnson 10.4 SU1 -18b ' Monroe Johnson and Walter Johnson 12.7 SU1-19Monroe Johnson and Walter Johnson 12.1 W1(1-lb WK3-2b WK4-1` b TOTAL ACRES IN SURRY COUNTY Wilkes County Diana Pardue Mathis / Talmadge Mathis Donald and Mae Duncan / Donald Duncan Donald Duncan Dwayne Myers TOTAL ACRES IN WILKES COUNTY TOTAL AVAILABLE ACRES 355.5 34.36 51.7 38.8. 28.9 153.76 2,589.56 The land application sites are dominated by soils having a .mean seasonal high water table less than three feet below the land surface, Therefore, the application of residuals on these sites shall be prohibited from December through March, inclusive. Residuals land application may be performed throughout the remainder of the year (i.e., April through November, inclusive) provided that the three-foot separation between the residuals at the depth of application and the water tableis verified as described in Condition IV, L These land application sites are subject to flooding or located within the 100-year flood plain and shall, therefore, be subject to the requirements in Condition 11. 12. This land application site has slopes up to IS percent. Therefore, care shall be taken to ensure that no runoff of injected residuals occurs. 4. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application program to change ownership or a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Failure to abide by the conditions and limitations contained in this permit may subject the Perrnittee to an enforcement action by the Division in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 6, The annual administering and compliance fee shall be paid by the Permittee within 30 days after being. billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this pennit as specified by 15 NCAC 2H .0205 (c)(4). 11 7. The issuance of this permit shall not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies local, state, and federal) which have jurisdiction Mchidingbut not limited to, applicable river buffer rules in 15A NCAC 213 .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG0100000. and any requirements pertaining to wetlands under 15a NCAC 2B .0200 and 15A NCAC 214 .0500.. S. The Pennittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the facilities described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations, as it may deem appropriate. 9. This permit may be modified, revoked, and/or reissued to Meorporate any conditions, limitations, and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 10. This permit shall become voidable unless the agreements between the Permittee and the landosimers and operators/lessees are infull force and effect. The landowner agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. Permit issued this th fifteenth day of June, 2001 NORTH OLNA ENVIRONMENIAL MANAGEMENT COMMISSION Kerr T. Stevens. Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0000701 AU- bN Fields 010-012 SITE LOCATION MAP I MILE VAUGHN ROGERS AL3(1-18) Fields 041-J06 VIugbrs T7.5 Tyson Poultry Lead r�ppli[.a60a rs9(T1m mown, i<..RR_Q7-'li' Map 41-3-es% 'ld VR-0ai I" 4417 CCED eY. 711.4 WY. e Field © Field V -002 SITE MAP 1" = 66©' VAUGHN ROGERS AL3(1-6) Field -005 05 Field ,V-- }4 Church Access Road addle Club Site Field VR-006 Pa aWit Butler krra d • Wei! W Wci Ares SITE MAP VAUGHN ROGERS (7 ) Y. DRAWN SY; DAz SITE MAP 1 = 660' VAUGHN ROGERS AL3(10-12) W Wel Afei wooded Draungewly Ar=ss Pang 1wes.y r'=e react Auger Seems �i augb o Roger TRS ! Tpon Poultry tea Aav+;voee Prutrare 8-9 -0I' SITE MI& I *' - }' 'TJ 3) Fi t Shallow Stills Ps MTL SITE MAP I" = 660' VAUGHN ROGERS AL3 (14 — 16) L.34 eld VR-014 Note: Area. To Be Cleared Completely w Field VR-016 wa Are, Fezca Auayer Son Vaughn Rogers TRS / Typos Poultry La+d APPticacn+ FreRrtre 9 —017 Boger Map 0 7 o Buffer Needed: "Adjacent Property Permitte 49,E SITE MAP 60 ' VAUGHN ROGERS /IP r**12t;i Cret Eri 92" 're* I h At. Kt P.P, SITE LOCATION MAP I" = 2.4 MILES GREG DOOLEY GD (1) Continue on Page 15 7 A DP.P.V.VIL torelvitt --i--•--- , 1 r (' .i. e. e / ri V -.t:', ----- -1-- /40.3714 JvCa`30* 3E' z z , 0 o SITE IEY GD I a.crartrrruaa twr rave ra Y&C1K3 WY SITE LOCATION MAP I" ---- 2.4MILES HERBERT DOOLEY HD (I & 2) Jfi'06' FIELD -- ;TE — 1 1&,7Ad- ac SITE MAP 1" = 660' 1lERBERT D©OLEY (1 & 2) 'Wooded Am Fast' Mates s s KEDer Y E PDT Aug, SITE LOCATION MAP I" = 2 MILES RALIN MATTHEWS MO8(1-4) t un twtaune�wws TRS I Tyson Poultry and Application Program 588-0O Q1OA FIGURE NO 1 Site a ■ Dwelling Structure (Barn) ---r Pond • Weil. J�1 Buffer Area W Wet Area "=660° KED 8Y Y MEMt 0 x-x-x. 6e Wrded Awrea Drama away Access Road Property Lune Fence LandA cer Bc, rtno SITE MAP 1" = 660' RALIN MATTHEWS MO8 (1 - 4) FIELD - Ra TRS A Tvs©n Poultry a Application Pro, 588-00-010A FIGURE N0 5 Buffer Map SITE LOCA'TI©N MAP 1"=2MILES RALIN MAT"1`HE WS M09 (1 - 4) Ralin i atthews TRS / Tyson Poultry Land Application Program 8-©©-©1 to UR N 1 Site Map DRk FE MAP' 66 ' SIN MATTHE 7S. MO9 0-0 To i Minder Road Rahn Matthews IRS/ Tyson pnrrltra, Land Application Program SITE LOCATION MAP = 2 MILES RALIN MATTHEWS Aug. -20 M0I0 (I 3) Raiin Matthews TRS / Tyson Poultry and Application Program QCr7'1 oA SITE MAP 1'x - 660' IN MAT THEWS M010(1-3) i Legend W Raft Maeva TRS I Tyson Poultry Land Application Program -00-010A FIGURE NO, 5 Buffer Map it KED pY DRAWN 6Y is T Aug. - 2 SITE LOCATION MAP 1" = 2 MILES BOBBY WILLIAMSON RM1(1&2) lobby Williamson TRS / Tyson. Poultry ad Application. Progr 8-4Q-09 CtA GURE NO, 1 Site p HECY. SY: Au +--- Hamer Creek Road c1arid Road SI1B MAP = 660' BOBBY WILLIAMSON (1 & 2) ■ by iiliamsot� TRS / Tyson Poultry 5 and Application Program Buffer Map r» a pis SITE LOCATION MAP I"=2MILES BOBBY WILLIAMSON D BY Y;. Bobby V `illiam TRS / Tyson Po Land Application P NO, 1 Site Aug. -20 RM2 (1 & 2) OA s sE 6 , SI I'I✓ MAP 1" = 660' E BOBBY WILIAISON Aug RM2(1 &2) ■ Dwelling 7 Striuclzrre Pond • Well HI Buffer Area W Wet Area x x-x Fence ® Hand Auger Ong Bobby \ itlirar on TRS / Tyson Poultry and Application Program 588-00-0 t ©A RGURE NC 5 Buffer Map BY: E T Aug, - 2000 SITE LOCATION MAP 1"=2MILES BOBBY WILLIAMSON RM3 (1 - 5) Bobby i alliarman TRS / Tyson Poultry and Application p'rogr A URE 1 Site iap CKED BY: Y aY T Aug. SITE LOCATION MAP I" = 2 MILES BOBBY WILLIAMSON RM4(2-3) Bobby 1 illia s+ rt TRS / Tyson Poultry Land Application Progr OA URE NO. 1 Site a SITE MAP I' = 660' BOBBY WILLIAMSON RM4(2-3) LeQenti obby ''i ixntson TRS / Tyson Poultry and Application Pro Cernetary F 5 Buffer Map C ECY.ED BY Y 0 V z SITE LOCATION MAP I"=2MILES, BOBBY WILLIAMSON Au _ 2 RM5 (1 - 4) Bobby ° 4'flliamson TRS / Tyson Poultry d Application Program 1 Site Map 2 Y TE Aug. SITE LOCATION MAP 1" = 2 MILES BOBBY WILLIAMSON RM7 (1-7) hobby '+fi'iitiarnsr�rn TRS ! Tyson Poultry Land Application Program 88-©©-©1OA N Z Site Map 5 a� ss 6 Continue in DeLorme's Virginia Atlas & Gazetteer 7 LOCATION MAP 2.4 MILES TER J©HNS©N SU1 (1 - 19) SITE MAP 1"=66©' 'ALTER JOHNSON SU1 (1-2) SITE MAP = 660' ALTER JOHNSON JI (4 - 5) SITE MAP 660' t ALTER JOHNSON SU1 (6-7) Ex SITE MAP " = 660' WALTER JOHNSON SU 1 (8 - 10) TE MAP 66©" AL'1ER JOHNS I` SU1(11-14) SITE MAP " = 660' ALTER JOHNSON SU1 (15 --- 16) SITE MAP 1"=66©' A'ALTER JOHNSON SU1 (17- 19) SITE LOCATION MAP 1 2 MILES DIANA PARDUE MATHIS WKI (1) SITE E MAP DIANA PARDUE MATHIS W K l (l KILOMETERS MILES ChM SITE LOCATION MAP I"-2.4MILES DONALD & MAE DUNCAN WK3(2)&WK4(1) Scale 1:150,000 1 inch represents 2.4 nnTies SITE LOCATION MAP 2.4 MILES DWAYNE MYERS 5 (I) S „ = 660' ©WAYTE MYERS ''K5(1) TRSTyson Poultry FIGIJR NO. BUFFER C y BOBBY WILLIAMSON Tyson Pouloy d APPlinanon##»? m#)A JUE 5 UPPER *y Auk; tl 1Z.117 (1.7 what ()Urfa J lG deserves April 19, 0( 1 Via O'veniight Federal Express Mr. Brian Wrenn North Carolina Department of Environment and Natural Resources Division of Water Quality, 1617 Mail Service Center 512 N. Salisbury St. Raleigh, NC 27699-161 RE: Tyson Foods, Inc. Non -Discharge Permit WQ0000701 File No. PC 00-064 Dear Mr Wrenn: RC DEPT Of EIMRONVENT �w'c 'nAst,I3' L, RE'"4a,bLRESVej i $«h' AP 2 2001 The North Carolina Department. of Environment and Natural Resources (NCDENR) has issued a "Findings and Decision and Assessment of Civil Penalties" (hereinafter referred to as the "Assessment Document") in the above -referenced matter. Tyson Foods, Inc., denies the Findings of Fact, Conclusions of Law, and Decision in the Assessment Document, as well as any other allegations contained therein or related thereto. In order to avoid legal fees, conserve staff time, and move forward in cooperation 1,ith NCDE`R, however, Tyson Foods has decided to pay the civil penalty assessed. Enclose' is TysonS14,429.64. Thispayment is not137'7459 made payable to NCDENR i1J the amount of son Foods', check number ��d `' an admission of liability and, again, allegations of violation are specifically denied. Tyson Foods, Inc. Ethics anti Environmental Compliance Group 2210 West Oakla'n Drive Springdale, :AR 727 62-6999 800-643-34,10 501.-290-471.3 Fax: , 01-290-7257 wtviv.tvson.com Mr Brian 'rein NDEiR April 18, Page 2 Thank you for your ssistance, lick Enclosure cc: Sincere' y, ardis Director, Environ enta Co Doug Baxter, Tyson Foods Lawrence Sampson, Tyson Foods Dan Crowe, Tyson Foods Kelly Pogue, Tyson Foods Danny Wyatt, Tyson Foods p ance Rex Gleason, Mooresville eater Quality Regional Supervisor Larry Coble, Winston-Salem Water Quality Regional Supervisor NCDENR File No. PC 00-0 NCDENR Central Files THIS IS WATERMARKED PAPER - DO NOT ACCEPT WITHOUTNOTING WATERMARK - HOLD TO LIGHT TO VERIFY WATERMARK PAY P.O. BOX 2020 SPRINGDALE, ARKANSAS 72765-2020 CONTROL NO. DATE 04/18/2001 *** FOURTEEN THOUSAND FOUR HUNDRED TWENTY-NINE USD and 64/100 *** TO THE NORTH CAROLINA DEPT OF ENVIRONMENT ORDER NATURAL RESOURCE - DIVISION OF OF WATER QUALITY 1618 MAIL SERVICE CENTER RALEIGH NC 27699-1618 flank of America Northbrook, Illinois CHECK 0001377459 NET AMOUNT 14, 429. 64* 000013771.,591I' 1:0?1,92328Li: 77E155 ,OL2LI' May 24. 2001 NCDENR. Division of Water Quality Non -Discharge Permit Section 1617 Mail Service Center Raleigh, NC 27699-1617 Shannon, EMA Remo rce.c, Inca. NC DEFT, OF ENVI !NEW AND NATURAL RE DU C + Mi ORE'SV r,; 9 .k ;i • cy4rIcE. JUN 1 8 2001 Enclosed you will find all the corrections we talked about concerning the Tyson Foods permit application. Each set of corrections is labeled to show exactly what corrections were made. Also you will find a letter delegating Dan Crow the authority to sign off on all matters concerning this permit. Lastly you will find a Certificate of Authority for Tyson Poultry, Inc.. If this means we need to change the name on the permit could you please send the correct forms to me and I will take care of this matter. I have also given copies of the corrections to the regional offices overseeing the site reviews. If I can be of any further assistance please give me a call. Sincerely, Alan Brown Director of Technical Services t D PO l0 Phone 336.492•6395 — Fax 336.492•6394 618 Ijames Church Road — lMockcsvilie. NC 27028 STATE OF NORTH patent of The CAROLJiA C; CA OF A THORITY F MARSHALL `ecretary of State orth Carolina, do hereby certify that TYSON POULTRY, INC. a corporation organi. ed under t filed on this date an aPP a of State s of Del ware, hautiv conforming to the recius of the G=e erai Statutes of North Carolina, a coy o which. is hereto attached, is hereby granted authorz�t n the State of th Caro a. I WITNESS WHEREOF; 1 have hereunto set rny hand and affixed lny official seal of the City. o/ Raleigh, thia 5th day of February, 3 999, 1:!; ;.4t1 F;:?; t State of North Carolina ) Department of the Secretary of State FEB t 6 AFPLICATION FOR CERTIFICATE OF AUTHORITY rkfl.., ELA 70 `. 5 .03 of Ehe General Statutes of North Carolina, the undersigned corpor,tlirixip---t- applies or a C.:Ill...ie.:tit of Authority to transact 5usiness in the State of North Carolina, arii.DR:141C-Prilthiri, the followinw, SON POULTRY, INC 1. The name of tni: corporation H5 - ; 2Vd if :he cc:Tor:11r ramie is unavailable for use in the State. ofNorth Carolina, .titie name en': coroorr,tion ,-• Pau" rtRY. -54'13.:i TO US! 5• awl 7,7 2, Thc: 5t3H! Cou-sury ur,der whose laws the corporation was organizis:d. 09/23/5S PerrpcoLal 3, The date ci ineorporation, was ; its period of duration is: 4. Th.: street aildress o the principal office of the corportition is: 221C Oaklawn Drive Number 2.0 City, State, Zit) Ccc Sri Arkansas 72762 'The mailing address if different from the street address Df the principal office of the ccrporiition isi aox2C2C1, Eprincda:.e, ArkanSa$ 72762 The st:tei nOrress and county of the registered office in the SttatC. ofNcrth Carolina is 22.5 Set .7. 0. S:Ittt North rolina ;In. Code „ 7, The m address if different from the street address of the registered office in the Sr.:it co.,f North Carolina S. The noinc of TC;:stered agent in tile State of North Carolina is: Corr ore. 7. The rinmes, titles, and usual busine.t$ addrcsses of the current officers of the i.:orporalion arc. (nr,ach if Lyarric of cffl fs fiSiliry r e :,ADC FrV :sack.ed is a err ,nc rporat mouths s li ;, i PPI °4 ✓ W or ±J'ratton A� Ti. 13r1 'ti to u;� 'on of r:s Doa old., i$ the th 1.cy of 7'IC FOR C'"I 'III'`I '.1 Page .2 document nt or ss ousrody ofccrpb sacs must he an t1 :deters in or by its seas 9 dopri- rho f rd:a°vs nar~ s ed co atioaiFY (Form. May 2001 dese North rth ar lina Environmental Commission ssion Department of Environmental and Natural ral Resources 12 North Salisbuty Street Raleigh, North Carolina 27699 T %lam it May Conee. Dan Crow is the plant manger for Tyson Foods, Me. protein conversion plant in Harmony, N.C. Dan is authorized by this letter to sign the Residual Land Application permit annul report on behalf of Tyson Foods, Inc. cerly, Jim Cate President Specialty Produ is Div lslon Tyson Foods, Inc:. rac S tcut Pr4CiUcmS r.i °i!iur t Hui. avers, AR 72 11L +t+N Fields O1O-4)12 SITE LOCATION MAP 1"=1MILE VAUGHN ROGERS AL3(1-18) Fields 001-- 6 N_3—ot o b 4raat Rogcrs TRS Tyson, Pouirry SITE SUMMARY SHEET , COUNTY: Alexander OWNER: Vaughn Rogers OPERATOR: same SITE NUMBER: AL3 ADDRESS: 1710 Rock Springs Rd. Talorsville, NC 2868 PHONE: (828) 632 2698 Fields 8 Total Acres 12.3 Est. APp. Acre O. Crop Com/Beans small grain atitude Longitude 6° 56' 15" ° 05' 45" 10 4.8 31 4.6 18 Corn/Beans small grain Fescue 6° 56' 20" 81 ° 05' S5"" 36° 55' 55" 81° 07' 20" 11 18 12.9 Fescue 6° 55' 40" 81 ° 07" 30" 2 4 29.4 Fescue 6° 56' 1'' 0°' 81 ° 08" 10 13 37.8 18.6 Fescue 6° 57' 20" ° 07' 00", 14 43 29.9 ComlBeans small grain 6° 57' 12" 81 ° 08' 10" 8.5 TOTALS 192.9 131.5 COMMENTS: ComlBeans small grain 6° 56" 43" 81 ° 05' 40" 3-I2. -R—O 12 Field i R-Q10 L.S.G.S. Hiddenite Quad, N. C. TOPO MAP 1" = 2000' VAUGHN ROGERS AL3 (7 - 18) Field - 0 Field VR-i:?16 Field .-008 Field Viugha Rogers TRS /Tyson i'zalery i,ard Appllcacia* Prof ran JO81C; 158&9"-01 iI G zi z Yo. ITE MAP " = 660' VAUGHN ROGERS Al (14- 1R1 SITE Mom' 1- = 66 ' VAUGH i ROGERS t1 COUNTY: Gavle SITE (J '" SHEET SITE NUMBER: GD OWNER: Greg Dooley., OPERATOR: Tt R: same ADDRESS: 692 G(',)dbey FRO. Mocksville, NC 27028 PHONE: 492-2430 Fields Total Acres 28. Est. App. Acres 2. TOTALS 28 9 2 9 COM FITS: Craps Fescue atltd afiad+ " ° " 44' j , SITE MAP - 660' DIANA PARDUE MATHIS WKi 44'4 4.4.44 444444. 44;',. «,„ • 4" • 4:4 Dwelling Wooded Area Struc ure (Bam) prainagewaay Pond Access Road • Wdl Property Line /PI Suffer Area x-x-x Fence artd Wet Area SS 1-tared Aucer BortnQ SITE MAP ] " = 660' RALIN MATT E 'S MO8 (l - 4) SCALE. 0 CHECK DA TE FIELD - Rai a "ews TRS / Tyson Poultry nd Application Prort WOA CURE NO. 5 Bu.tfer Map SITE SU RY SHEET COUNTY: doors Rahn M tt SITE II: OPERATOR:Sir Mathews ADDRESS: 5913 Hof i1d Hoffman, NC 2834-7' fi281-4587 Total Acres t App. Acres La 1 ude ' TOTALS 50 50.1 COS T µ Fie[ t- ere e minated due to atershed class) tL r::. c ude AT USGS QUAD f1F'Fh� ayP a >r>N PTNFRT J �iPC NC CONTOUR T©PO MAP I " = 2000' RALIN MATTHEWS M©9 (Li) TER Rahn i"rd ttThews TRS f Tyson Poultry' and Application Program 00 O1 oA FIGURE N© 2 Topo ap SOIL MAP _2000' RALIN MATTHEWS M09 (`o Ralin Natthews TRS Tyson Poulin,' Ind Application Program ©-01©A ARE , 4 >/RC_S rwrrr. Ralin Matthews Operator: bh\ Williamson Barr Site III: Field The ho wept oft ld rExpla buffered ?'.. 11,0 A Kt $l' SITE MAP 660' i To Thunder Road Dwelling Structure (Sam Pond xx-rr Wooded Area promagewaay Road Property Lne Fens Hand Auger Boring alias Matt eW$ TRS / Tyson Poultry and Applicatan Prngra FIGURE NO. 5 Buffer Map A 't". .M1EM .ALIN MATTHEWS Au„. 2000 MO9 (y) ©0-©1 dA 5 6 Continue in Delorrne"s Virginia Atlas & Gazetteer SITE LOCATION MAP I" = 14 MILES WALTER JOIITNSON 1 n\ C. Plant Available Nitrogen (PAN) calculations and land application area requirements: 1, Mineralization Rate (MR) % (These values can be established for the specific residual or default values can be used for domestic wastewater treatment residuals. if actual values are established, attach the documentation. The default values arc as follows): unstabilized Primary and Secondary Residuals 40% Aerobically Digested Residuals 30% Anaesobically Digested Residuals 20% Composted Residuals 10% (If the default values are used, attach an explanation as to wby the specific cboscn defaultaPPmPriate-) Complete the following calculations for the application method proposed (Please note, the Mineralizauon Rate [MR] should be utilized in the following calculations as a decimal): PAN for Surface Application PAN R) x (TKN NH3)) + x (NH3) + (NO3-NO2-1,T) PAN*[ x( 71 6C)0 PAN = nn+ ( .3 58110 ) + PPM Dry Weight PAN for Subsurface Application pAls; [(mR)x(MN - N1-13)] + (NH3) + (NO3-NO2.N) PAN.' x( 71600 - 35890 ).14-( 35800 PAN = 5o/d0 PPM Dry Weight Total PAN to be land applied per year Total dry tons of residual LO be land applied per year: 5543 Total PAN in pounds = (PAN in mg/kg Dry Wright) x._2000 Potmds Ton per dry ton 1,003,000 = (PAN in PPM Dry Weight) x 0.002 CO•ki Pounds/Dry Ton/Year INJECTION Total PAN in pounds = (PAN in Pounds / Dry Ton) x Total toms of residual to be Land a x 5543 55 (Q30.3.? PoundsiYear Due to the fact that organic nitrogen is mineralized slowly over time, the amount of nitrogen that conies available in years following the initial application must be taken into consideration when calculating application rates for the subsequent years. This being the case, please attach an evaluation of this factor and its impact on loading rates. Show the adjusted pan for at least five years. Tice maximum adjusted annual PAN is poundsryear SEE MAXIMUM ADJ. PAN 4. Crop information on nitrogen uptake per year (Division Recommendations) (Provide for the Crops Specified) Crop(s) PAN (lbs,facre/year) PAN (lbs./acre/year) Alfalfa 200 c) Bermuda Grass (Hay, Pasture) 220 FORM: LA ORS 02/95 Page 12 of 18 SECTION Blue Grass 120 Corn (Grain) 160 Corn (Silage) 200 Conon 70 Fescue 250 Forest (Hardwood & Softwood) 75 Milo 100 Small Grain (Wheat, barley, oats) 100 Sorghurn, Sudex (Pasture) 180 Sorghum, Sudex (Silage) 220 Soybeans 200 Timothy, Orchard, & Rye Grass 200 Please provide the basis for the uptake rates used if different than Divi ion R 75 ,0o 180 220 200, 00 5. Total acres needed to land apply the pounds of available ni Total acres needed. 56 ,3 Minimum acres needed based on most r+estrlctive PAN = en ated above ,5-. 3 * This value must be the value for the crop to be grown that has the lowest nitrogen uptake rate per acre. if there arc various crops that will only be utilized for cenain sites, please attach the calculations for each site and determine the total needed acres using the format outlined above D. Calculate the Sodium Adsorption Rate (SAR) This section must be completed in mgfl, to convert; mg/kg x % solids [as a decimal) SAR = Na Milli Equivalent »- (0.5 (Ca Milli Equivalent + Mg Milli Equivalent)] 0.5 CONCENTRATION (mg/1) SODIUM (Na) 1 115 . 2 CALCIUM (Ca) 639 . 0 MAGNE,SruM B) SAR = /.64 Equivalent Weight Milli Equivalents of Ion 23 — 4R 5 20 _ 31.95 12 _ 14.6 If calculation sheets are being coratpteled for more than one residual or site please atls a summary sheet that bring the results of all the calculation sheets to one point. FORM: LACERS 02/95 Page I3 or I8 Determine the Site Life for this land application site: The lifetime pollutant loadings shall not be exceeded. The site life is dctermiried by calculating the number of ye-s that the site can receive the residual without exceeding the lifetime pollutant loadings. The site life calculations will be based on the most restrictive crop plant available nitrogen (PAN) requirement specified and the I:n=1mm dry tons of residuals u) be land applied arinually. Therefore. in the table below the Tons of Residuals to be Applied/Acre/Year will be calculated as: 1 Most restrictive crop based on the plant available nitrogen (PAN) requirement Associated plant available nitrogen (PAN) requirement: 1 0 0 bsfacre/year) 2. !vlinimiun acres needed based on most restrictive PAN (as found in C.5 3Dry Tons of Residuals to be land applied per year: 554 .3 4. Tons of Residuals to be Applicd/Acrefr' 5 dry tons per year Tons of Residuals to be A AcrePtear = 1 . 0 0 If any of the application sites art to be loaded at greater than the rate specified skive, please specify the loading rate and explain: Tons of Residuals to be Applied/Acre/Year (different from above) = . 0 Explartation: Due_ to the fact that the 1.07 is based on the most restrictive crap soh r,i-p1P7-11- c-rnpS ...5U,C,h a...a_ corn Q (:)_bans will reouire higher application rates to meet the PAN limit. For tine purpose of site -life determination, the lifetime pollutant loadings shall not exceed the following for the corresponding Cation Exchange Capacities (CEC). Site life for the site covered by this application shall be determined by using the lowest CEC. The appropriate column should be chosen and applied in the "Allowable Lifetime Pollutant Loadings based on CEC" in the table below. CEC < 5 ac 5-15 CEC > 15 Lead Zinc Copper Nickel Cadmium 500 250 125 125 4.5 1,000 500 250 250 9 2.000 1,000 500 500 18 In the table below, the highest annual loading (Tons of Residuals to be Applied/Acre/Year) specified above, will be multiplied by the lbsidry ton of each pollutant as found in B above, The Site Life can then be determined by: Site Life (Years) = ProJected Pounds to be Applied/Acre/Year ua n Ton of esiduaLs to be Applied per Acre per Year n poflutant fbund in Part B above) Zinc Co Nick Cadmium -31; Projected Pounds to be Applied/Acre /Yea r 11 b Pollutant Loadings Site Life based on CEC. (Years) From Chart above Ibs.14cre NZ A 250 2 5 4 5 3 ND Compare the five (5) pollutants above and determine which pollutant that will result in the sbortest life for this site, The Limiting Pollutant is copper The Site Life is 3,17 years. FORM: LAORS 02/95 Page 14 of 18 ADJUSTED ANNUAL PAN In order to maximize the nutrient value of the residual material it is necessary to ad application rates to take into effect the slow mineralization of the organic nitrogen. following calculations show theadjusted rate for a three year period. STEP ONE STEP TWO STEP THREE STEP FOUR STEP ONE PAN (subsurface)=11.4(TIN-NH3) + (NH3) + NO3-NO2-N PAN = 0.4(71600 — 35800) + (35800) + 0 PAN = 50120 mg/kg dry residuals Next convert mg g to lbs/dry ton Mg/kg * .002 = lbs/dry ton 50120 * .002 = 100.24 lbs/dry ton STEP TWO Determine the "nitrogen needs" of the crop to be grown Corn for silage requires 200 lbs PAN/acre Determine the amount of (PAN) in the residuals to be applied Deterrnine the "nitrogen needs" of the crop to be grown Determine nitrogen carry-over for a three year period Determine application rate of residuals based on "net allowable nitrogen" application Determine the amount of PAN in the residuals to be applied STEP TllMEE Determine nitrogen carry-over for a three year period Mineralization rates to determine -over nitrogen are listed below: Year one Year Two plants Year Three 5% of org plants 20% of organ ie N applied during year one becomes available to plants 10% of organic N left at the end of year one beco available to N left at the end of year one becomes available to Calculate the percent organic N in the residuals to be applied Organic N % TKN - % NH3 =7.16%-3.58% % Organic N — 3.58 % Next convert % organic N in residuals to lbs organic N/dry ton of residual. Organic N (lbs/DT) — % organic N (as a decimal) * 2000 Organic N (lbs/DT) _ .0358 * 2000 Organic N (lbs/DT) = 71.6 Next determine the amount of organic N that will be applied during year one Lbs Organic (N/ac) = lbs organic N/dry ton resid. * tons resid. Appliedlac Lbs Organic (N/ac) = 71.6 lbs organic N/dt resid. * 1.9 tons resid. Applied/ac (Based on N req. for corn silage Lbs Organic (N/ac) = 136.04 % Organic N Next dete of organic nitrogen available during year one Lbs/ac organic N available first year = 136.04 * 20% as a decimal = 27.2 This 27.2 lbs/ac organic N is accounted for in the first year's application rate when determining the PAN for that year. This number is needed when residuals are applied to the same field during years two and three. Carry-over N for the second year is calculated using a percentage of the difference between the organic N applied during year one and the amount of organic N that becomes available in year one (carry-over). Carry-over N for the third year is calculated using a percentage of the difference between the organic N left at the end of year one and the percent organic N that becomes available in year two (carry-over). Next determine the amount of organic N left at the end of year one Organic N applied — organic N that becomes available = organic N left = 136.04 — 27.2 108.8 Next determine the °ant of organic N applied d ,g year one that becomes available during year two Organic N left at end year one — org. 'fc N avail. Year two = organic N left at end year 2 Organic N left at end year two — 108.8 — 10.88 (108,8 * .1) year 2 MR rate Organic N left at end year two = 9'7.92 Finaily deter available d e the amount of org. *c N applied d g year three Organic N year three = org c N left at end year two 97.92 * .05 = 4.9 PAN Year Crop N req. (lbs./ac) a. C -over year three one that will become .05 (year three rate) N carryover Additio (lbs./ae) Req. 0 10.8* 4.9* + 10.2b 4.6b 10.2b 200 189.2 N Residtials PA1811DT 100 24 184.9 185.2 Adj. App. (DT/ac) 1.9 100.24 100.24 100.24 -over associated with initial biosolids application -over associated with biosohds application in year 2 -over associated with biosolids application in year 3 The application of this residual will be based on the nutrient uptake of the crop to be grown. For Tyson's biosolids the annual limit is based on nitrogen uptake. The following table indicates crop requirements and the suggested loading rates. Tyson Foods Harmony North Carolina CRO PAN Re (lbs/Ac Small Grain Corn (grain) Soybeans C. bermuda Fescue 00 160 200 220 250 Surface App. Rates bs PAN/DT DT/ac 64.44 1.5 64.44 2.4 64.44 64.44 3.4 64.44 3.8 Subsurface App. Rates bs PAN/DT DT/ac 100.24 0.9 100.24 The lifetime limiting factor is the heavy metal content of the residuals. The residual heavy metal concentrations will be determined by lab analysis and reported in the analyses section of the permit application. Residuals analysis change therefore making it necessary to take several analyses during the year. This will enable the land applier to make the necessary changes in order to track all the monitoring requirements and adjust application rates accordingly. Program Management Based on our conversation with Tyson the method of application used will be injection. This will include mostly cropland, which is only accessible during certain times of the year. Based on this fact some farmers will need to be compensated for access to their fields outside of the cropping pattern. Pasture land would enable year round access but farmers may be more reluctant to have that land injected. With an adequate land base this program could run with few hitches. This would entail getting on a rotation and sticking to it in order to maximize both the land base and production seen by the participating farmers. Conclusion If all the above, mentioned parameters are met this residual material should provide an excellent nutrient source for all the participating farmers as well as an environmentally acceptable means of beneficially reusing the residual material. Sincerely Alan Brown Agronomist T hanrr. " FAX : a 4926`u trcv,r Chumh NC 271 NC 0 VRI tIRONMENT 4/01 :4 ID E RES FAX :3 64926 4 PAGE S E SUM HY SHEET COUNTY: ilk s OWNER: Diana P # l;a this OPT T : Talmadge SITE UM H ADDRESS„ Route 2, Box 207.E ._Roaiing liar, PHONE 6 98 - Corn/Be mll Grain 06/14/01 09:34 f D : E1A FAX 3364926394 COUNTY: Surry OWNER: Walter Johnson OPERATOR: satire SITE SUN ii ARY SHEET SITE NUMBER: SUI ADDRESS: 873 Piro lite Rd. TOTA COMMENTS: Mt. Airy, NC 27030 App. Ac 73.7 7 30.7 17.3 c ude com grain ude 84° 39 '50" corn grain 3° 31' 2 soybeans com rain 7.5 14.3 7.6 corn grain com grain corn grain 80 39'4 2' 40" 46tt 2' 0° 44' 30" °32°35" 80° 44° 45" 2" 80° 44' 23" 14/01. MAP 6►p' AL1) & C 111F. LMJNCAN !2)R WK4(1) 64926'394 4 June 13, 2001 NCDENR Division of Water Quality Non -Discharge Permit Section 1617 Mail Service Center Raleigh, NC 27699-1617 Shannon, Enclosed you will find corrections for Dwayne Myers site p. We added a road buffer and took out a buffer for trees that had been cleared. The acreage stayed the same. If I can be of any further assistance please give me a call. Sincerely, Alan Brown Director of 'fechnieal Services Phone 336.492.6395 — Fax 336.492.6394 618 1tunes Church Road a Mocksville NC 27028 Re: IFwd: Tyson Foods Dr, Adams Farm Subject: Re: [Fwd: Tyson Foods / Dr. Adams Farmj Date: Mon, 08 Jan 2001. 10:48:56 -0500 From: Ellen Huffman <Ellen.Huffman@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: Michael Parker <Michael.Parker@ncmail.net>, GREENEG@CO.ROWAN.NC.US Hi Mike & Greg, I informed Tyson and the new land application contractor for Tyson (EMA Resources) not to. apply Tyson sludge per the latest soil sample evaluation review by Perry Wyatt in the Winston-Salem Regional Office. He is very concerned about the high concentration of soluable salts (among other things} in all the fields tested. Due to his evaluation and a long record of over application on this farm, Tyson has (wisely) chosen not to re -permit. the Adams farm in the permit currently in-house. Ellen Huffman Michael Parker wrote: > OK, Miss Huffman, is this true? Please let Greg know what the stacos is. > Mr. Parker > Greg Greene wrote: > > I made a site visit yesterday and was informed by the "farm hand" that > > you folks had told Tyson that they can't apply for 5-7 years at this • .> site. Is this so? > Michael Parker - Michae.l.Parkert?hcmail.net > Environmental Engineer II > North Carolina Dept. of Envizoninent & Natural Resources > Division of Water Quality > 919 N. Main Street > Mooresville, NC 28115 > Ph: 704„663.1699 Fax: 704.663.6040 Ellen Huffman - Ellen,Huffman@nomail.net North Carolina Dept, of Environment & Natural Resources Div. of Water Quality 919 N. Main. St. Mooresville, NC 28115 Pb: 704.663,1699 Fax: 704,663.6040 Ien 1 uffmon <tdlerL fr iet %TITLE% NC DENR - Mooresville Div. of Water Quality 1 (4'2 1/17/2001 8:45 AM Re: 'r vd Tyson Foods / Dr. A.darrr Subject: Re: (Fwd: Tyson Foods / Dr. Adams Farm] Date: Mon, 08 Jan 2001 11:36:45 -0500 From: Greg Greene <greeneggco.rowan.nc.us> Organization: Rowan County Environmental Services To: Ellen Huffman <Ellen.Huffmangncmail.net> Eller, k you for the quiok reply. As you may knasw, Rowan County aerrFplenente lids application ordinance a couple of years ago in .response to have any printed dccunentat 2or irk this matter that :t vcud attach Thank you in advance. Ellen Huffman wrote: 66' Ili Mike & Greg, o.rmed Tyson and the new land ap cation contractor f x` Tyson (EMA > Resources) not to apply Tyson sludge pa`- the :latest soil sample evaluati,n xeview by Perry Wyatt it the Winston-Solezr Regional Office, He • concerned about the high concentration ,.,f ... osh e salt (along other > in all the tiel ' tested. Due_ to h exal t cn r n € rg record of over .• application on this farm, Tyson arras (wisel:" rl,ose, st: to re-perr the > Adams farm In the permit currently in! ous > E'en Huffman > Michael Parker > > OK, Miss Huff, > > Mr. Parker ene wrote: > > > ,7 made a > > you folks had told Tyson that they. can't apply for 5years at this > situ. Is this so? Please let:; Greg know what the status Ormed bGv the "farm hand" that > > > > -- > > Michael Parker Michael.Parker@ncmaaLnet Engineer IT Carolina Dept.. of Environment & Natural Resources of Water Quail. > > 919 N. Main Street • > Mooresville, NC 23115 > > Ph. 704. 663.1699 Fax. 4.. 663. s04t. > Ellen Hu. an - EI1en.Huffruan@ncrnail.net • North Carolina Dept. of Environment & Natural Resources > Div. of Water Quality > 919 N. Main S. => Mooresville, NC 28115 Ph: 704.663.2699 Fax: 4 . 663. 604t 211. 9/2001 9:12 AM What's Up! Subject: What's Up! Date: Wed. 25 Apr 2001 04:1.6:05 -0400 From: "Alan Brown" <emabrown@mindspring.com> To: "Ellen Huffman" <Elien.Huffman@a ncmail.net> Ellen, Hope things are going well for you, The weather has been wonderful and I hope you have been able to get out and enjoy it, Now to business. Just wanted to update you on our premier client Tyson Foods. To my knowledge the book is still being worked on. I had a meeting with Brian Wrenn to discuss the 2000 annual report, if my information is correct it looks like TRS and Tyson are going to receive another NOV with recommendation for enforcement due to more over applications of PAN. TRS took their 2000 samples in October of '99. Therefore they did not have any samples in 2000, Although TRS had no samples EMA had sampled before each application event. Therefore EMA's samples were used to go back and calculate TRS's loadings. To everyone's surprise there were four or five fields in which a PAN over application occurred. I am not sure of the final ruling or when the NOV will be issued but Brian said Tyson should receive something in the mail before to long. Back to the permit renewal. Have you heard anything. Please tell me we have something to be excited about. Please e-mail or call with any good or not so good news as it becomes available. Remember to take time to enjoy life. Also if you are unsure of what to cook for dinner I would suggest Tyson chicken. Sincerely, Alan Brown EMA Resources 1 of 1 4/25/2001 8:46 AM Time extension on permit modification for Tyson WQ0000701 A . "sh extension on permit modification for Ty , 21 Nov 2001 10:39:38 -0500 Brown" <emabrown@mindspring.corn> CC: "Ellen Huffman" <Ellen.Huffman@ncmail.net> Michael F. Easley Governor William G. Ross, Jr,,Secretary h/geniqPi4nent of Environment and Natural Resources Gregory J. Thorpe, PhD, Acting Director Division of Water Quality Shannon, Thank you for taking the time to meet with EMA Resources and Tyson Foods on November 20th, I believe that a lot of good ideas came from that meeting and hopefuly they will be put into action. At this time I would like to request an extension on the permit modification requested by the state, EMA Resources Inc. has been contracted by Tyson Foods to permit an additional 1400 ac to add to their existing program. As everyone knows permitting land is a timely process and we would like an additional 6 months to complete this work. EMA Resources has every intention of completeing this work as soon as possible. EMA Resources will keep you updated on our progress, If I can be of any further assistance please feel free to give me a call. Sincerely Alan Brown Director of Technical Services EMA Resources Inc, E7NT Customer Service 1 800 623-7748 MooresvHe Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 1 of 1 11/21/01 11:02 AM Permit No, WQ0000701 (Tyson Pooloy, Inc, LAROS) Subject: Permit No. WQ0000701 (Tyson Poultry, Inc. LAROS) Date: Mon, 10 Dec 2001 08:52:13 -0500 From: Shannon Thornburg <shannon.thornburg@ncmail.net> Organization: Non -Discharge Permitting Unit To: alan.brown@emaresourcesinc.com CC: Ellen Huffman <Ellen,Huffman@ncmail.net>, rian Wrenn <Brian.Wrenn@ncmail.net>, Kim Colson <KirnCo1son@ncmaiLnet>, baxterd@tyson.com Alan, I hope that everything is going well with you! Per our meeting on November 20, 2001 and your subsequent e-mail, we understand that Tyson Poultry, Inc. will not be able to comply with the original 180-day timeframe for compliance with, this requirement as stipulated in Condition. I. 1. of the most recent issuance of Permit No, W0000701. Therefore, we will be issuing a Notice, of Violation (NOV) for failure to comply with a permit condition when. the 180-day timeframe has expired. There will be no recommendation for enforcement associated with this NOV. Also, Tyson. Poultry, Inc. will be given up to 75 days to respond to the NOV, essentially a requirement to submit the package for review and approval, a timeframe that is significantly longer than that typically allowed. for Permittees to respond to NOVs. The NOV language will further stipulate what will occur if Tyson Poultry, Inc. fails to meet this secondary deadline. No modification will be made to the existing permit. Please note that this request was discussed internally among several parties, and several approaches were discussed. This decision was made based on the following: • Six months was given to comply with this condition. No indication was provided to the Division by Tyson Poultry, Inc. during the permit negotiation process or immediately following permit issuance that this timeframe was unreasonable. • All parties should have been well aware of this permit condition. It was discussed during the permit negotiation, process, called to Tyson, Poultry, Inc,'s attention in the, permit cover letter, and was the very first condition in the permit. • The Division. approached Tyson Poultry, Inc. about the potential non-compliance with this condition in November 2001. It was only after this contact by the Division that a meeting to discuss this condition was requested by Tyson Poultry, Inc.. • During our meeting, it was indicated that the land application, sites had. been identified, but that soil sampling, mapping, and other documentation for each site had not been completed. We tried to budget in sufficient time in. the 75-day time period for the lab time, the holiday season, etc. We do not believe that this alternate timeframe is unreasonable. Let me know if we misunderstood your progress to date. I am sure that this is not the response that you wanted to receive from us, but I hope that it proves to be an acceptable 1 of 2 12/10/01 9:09 AM Permit No. WQ00007O1 (Tyson Poultry, Inc. LAROS) compromise to all Parties - Shannon P.S. Please note that this same condition is in Permit No. W(20000029, which vas issued more recently than Permit No. WQ0000701. A similar /80-day timeframe was granted for compliance with the condition. 1 trust that progress is being made on this permit concerrentlYt so that we. do not get into this situation again", Shannon Mohr Thornburg <shannonthornburkii::,nernail,.net> Environmental Engineer NCDENR-DWQ Non -Discharge Permitting Unit 2 of 2 12/10/01 9:09 AM Po siblNC/V 1° Tyson Foods rmit 701 sible NOV's For Tyson Foods permit 701 19 Nov 2001 10:10:40 -0500 Brown" <emabrown c@,rnindspring.corn> ti 11Ufmat <E11cu. u merit tt a►t tt cttl.tt�1= Ellen, MMchaei F. Easley Governor William G. Ross, Jr.,Secretary North Carolina Department o1 Environment and Natural Resources Gregory J, Thorpe, Ph.D., Acting Director Division of Water Quality I hope this clears up any confusion concerning these rnatters. If I to call, Sincerely Alan Brown n be of any further assistance please feel free Name: Letter to Ellen 10-31-01‘doe Type: Winword File (applicationlmsword Encoding: base64 Download Status: Not downloaded with message 1iCD MR Customer Service 1 840 623-7748 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663°-6040 1 of 1 11 /19/©1 1;03 PM. October 31. 2001 Ellen Huffman NCDENR Mooresville Regional Office Division of Water Quality 91.9 North Main Street Mooresville, NC 28115 Dear Ellen, I hope this clears things up concerning Tyson Foods permit # 701. First I will address the lime issue. We have already applied lime to fields RA1.-N and RAI-G. I will include the lime receipts for these two fields. As for field RA1-B that field was not applied to during 2000. The confusion may have come from the soils analysis. Field RA1-B was sampled at the same time all the other fields were sarn.pled therefore showing up on the soils report. The over application of PAN to five fields was done before EMA Resources, Inc. was hired by Tyson Foods to manage their land application program. The following is a brief history of the situation. TRS, Inc. did not take any samples during 2000. They were using samples taken in October of 1999, When the annual report was compiled that was the only information EMA Resources had. At that time EMA Resources noted in the cover letter of the annual report that there was an over application to field GD-01. The over application was 257.3 lbs, of PAN with a limit of 250. At that time we contacted the Mooresville regional office and received the ok to apply to this field at a reduced rate of 200 lbs. of Pan. That was the only over application of PAN noted in the annual report. Upon meeting with Brian Wrenn when the annual report was submitted he informed me that since TRS did not take any samples during 2000 that he would have to use a sample taken by EMA Resources. With that in mind. TRS's application rates based on a sample they had never seen resulted in the over applications of PAN. Although EMA Resources had nothing to do with the over applications of PAN we will take all steps necessary to correct the problem. At this time all fields included in site RAI have already been removed from the land application permit. As for sites GD-01, WK3-2 and HD-01 they will be removed from the permit as soon as possible. I hope this clears things up but in the case that it does not please feel free to give me a call. Sincerely, Alan Brown Director of Technical Se EMA Resources Spill 11,/9/01 A Ellen, Spill 11/9/01 19 Nov 2001 09:51:42 -0500 Brown" <emabrown@mindspring.com> Michael F. Easley Governor William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Enclosed please find the letter I e-mailed to Grady Dobson addressing the spi 2001. If you have any further questions please feel free to contact me. Sincerely Alan Brown Director of Technical Services EMA Resources, Inc. St il1.do h Name: Tyson Spi,ll.doc Type: Winword File (application/msword) Encoding: base64 download Status: Not downloaded with message occured on November 9, ATA NCDENR Customer Service Mooresville Regional Office, 819 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 800 623-7748 FAX (704) 663-6040 1 of 1 11/19/01 1:03 PM NCDENR Fayetteville Regional Office Division of Water Quality Attn: Grady Dobson Dear Grady, This letter is a follow up to the biosolids spill that was reported to you on Friday November 9, 2001. At about 5:00 am a truck hauling biosolids from the Tyson Foods Plant in Harmony, NC (permit number WQ000701) had an accident and rolled the truck on River Rd. off of HWY 109 in Montgomery County. EMA Resources Inc, being the contract land applier immediately enacted our spill control plan once we were notified of the accident. First off we had two pumper trucks come and remove the biosolids that had not spilled from the tanker approximately 5000 gallons. At this time we were also able to pick up the biosolids that had spilled onto the ground around the tanker, This material was then taken to a permitted land application field and spread according to the permit. The truck and tanker were then removed from the wreck scene. Upon further inspection of the site it was noted that the residual rnaterial had run about 150 feet into the woods along a small drainage ditch. A burro was made to ensure no further movement of the biosolids. Next we applied 300 lbs. of lime thoroughly covering the remaining residuals and incorporated it into the soil to the best of our ability. The site of the wreck and spill was in a very densely wooded area with lots of underbrush, Inspection of the area showed no signs of a water source such as a well or stream. There were no homes within site of the accident. The owner of the land was on site for the clean up and was satisfied with the job performed by EMA Resources. if I can be of any further assistance please feel free to give me a call, Sincerely Alan. Brown Director of Technical Services EMA Resources„ Inc. FAX Date: To: Fax Number:' A A NCDENR North Carolina Department of Environment and Natural Resources Mooresville Regional Office 919 North Main Street Mooresville, North Carolina 28115 Phone; 704/663-1699 Fax; 704/663-6040 From: Div/Section:_ Number of pages (Incl. cvr) State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director Mr. Lawrence R. Sampson, Jr,, Project Manager Tyson Foods, Inc, PO Box 88 Wilkesboro, North Carolina 28697 Dear Mr. Sampson: NCDENR NORTH CAROLINA DEPARTMENT or ENVIRONMENT AND NATUFRAL. RESOURCES CERTIFIED MAIL RETURN RECEIPT REOUESTED Subject: Notice of Violation and Recommendation for Enforcement Permit No. WQ000070l Tyson Foods, Inc. Land Application of Wastewater Residuals lredell County This letter is to notify Tyson Foods, Inc. that the Mooresville Regional. Officeof the Division of Water Quality is considering sending a recommendation for enforcement action to the Director ofthe Division of Water Quality for violations of Permit No, WQ000070L. The Non Discharge Compliance and Enforcement Unit has completeda preliminary review of the submitted 2000 Annual Report of land application activities for the subject facility. The following violations. were noted: The soil pH of the following fields was not maintained at 6,0 or greater: Field DJI RA1.-B 5.7 RA.1-N 5.1 RAl-G 5.2 These are violations of Permit Condition 11. 3. which requires an acceptable pH of 6,0 or greater to be maintained in the soil of the land application sites, 2. The Plant Available Nitrogen (PAN) loading rates were exceeded for the following crops in the respective fields: Mailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St.. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-161.7 An Equal Opportunity [Affirmative Action Employer 50% recycled / 109'6 past -consumer paper htn './47 vtIr Virth, 174. 11V Tyson Foods, Inc, Page 2 1 & U Field Crop PAN (pounds per acre) Permit Limit RAI-N Corn (silage) 260.7 200 RA1-P Soybeans 284.9 200 GD-01 Fescue 332.4 250 WK3-02 Corn (silage) 293.5 200. HD-01 Fescue. 328.6 250 These are violations of Permit Condition 11, 4, which requires application rates not to exceed 200 lblac. for com, 200 lb./ac. for soybeans, and 250 lblac. for fescue. 3. No annual residual analysis was conducted in 2000 for the Stick -water Plant. This is a violation of Pemiit Condition III. 4. which requires the Pennittee to conduct an annual residual analysis from the date of permit issuance and the results to be maintained on file by the Pennittee for a minimum of five years. You must submit a plan that describes the actions to be taken to comply with Permit No. WQ0000701. This plan and any explanation for these violations that you wish to present must be submitted within 30 days of receipt of this letter. Please reference the state issued Permit Number when providing the requested information. All information should be signed and submitted in triplicate to the attention of Brian Wrenn at the letterhead address. Any information that was missing or requires correction from the 2000 annual report as noted above should be submitted within 15 days of the receipt of this letter. Your explanation will be reviewed, and if an enforcement action is still deemed appropriate, your explanation will be included in the enforcement package forwarded to the Director. Nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all applicable state laws and regulations. If you have any questions regarding this request, please do not hesitate to call Brian Wrenn of our central office staff at (919) 733-5083 ext. 529. Sincerely, Rex Gleason, Water Quality Regional Superviso cc: Non -Discharge Compliance / Enforcement Unit Non -Discharge Permitting Unit Mooresville Regional Office Technical Assistance and Certification Unit Central Files Mailing .Address: Telephone (9.19) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St, Raleigh, North Carolina 27699-1617 State Courier 452-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled / 10% post-cymsumer paper hihri/1017 orrp 0,9-tp nr ley State of North Carolina Department of Environment and Natural. Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director CERTIFIED MAt: RETURN: RECEIPT REQUESTED Mr, Lawrence Sampson, Jr, Tyson Foods, Inc. 1600 River Road Wilkesboro, North Carolina 27325 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Notice of Violation and Recommendation for Enforcement Permit No, WQ0000029 Tyson Foods, Inc, Land Application of Wastewater Residuals Union County Dear Mr. Sampson: This letter is to notify Tyson Foods, Inc. that the Mooresville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality., The Non -Discharge Compliance and Enforcement Unit has completed a preliminview of the submitted 2000 Annual Report of lard application activities for the subject facility. The followir rg violations have been noted: 1. The soil pH in three of the monitored application fields was less than 6.0. No documentation was provided (lime purchase receipts, lime application records, etc.) to show any attempts to raise the pH to an acceptable level. These are violations of Permit Condition. II. 3. which requires that the soil pH be maintained at 6,0 or greater on all application sites. 2. The Plant Available Nitrogen (PAN) loading rates were exceeded for the following crops: Mailing Address: 1.617 Mail. Service Center Raleigh, North Carolina 27699-1.6.17 Telephone (919) 733-5083 Location: Fax (919) 733-0059 512 N. Salisbury St, State Courier #52-01-01 Raleigh, NC 27699-1 17 An Equal Opportunity / Affirmative Action Emplc 50% recycled / 10 % post -consumer paper hit?).4400 wnr rrre 7ec Tyson Foods, Inc. Page 2 Field Crop PAN Applied (pounds/acre) Permit Limit (pounds/acre) A Soybeans 234.6 B Wheat 31.5, I C Soybeans 294.9 D Soybeans 322.2 F Soybeans 319, I. I Soybeans 5154 N Soybeans 620,1 200 100 200 200 200 200 200 These are violations of Permit Condition 11. .4, which requires PAN application rates not to exceed 200 lb./ac. .for Soybeans and 100 Iblac., for Wheat. 3. Residuals were applied outside of the active growing season on the followmg crops: B Applied on Wheat in June and July C Applied on Soybeans in January, February F Applied on Soybeans in February CI Applied on Soybeans in January, December Applied on Soybeans in February, October, November, December 1 Applied on Soybeans in February, November, .December K Applied on Soybeans in November, December N Applied on Soybeans in October These are violations of Permit Condition 11. 1.5, which requires that residuals not be applied at rates greater than agronomic rates. 4. The PAN field loading and annual and cumulative heavy metal field loading calculations were incorrect. This is a violation of Permit Condition III. 2. which requires that proper records be maintained by the Permittee tracking all application activities. These records shall include, but are not necessarily limited to the following information: i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal. (which shall include', but not be limited to arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorous applied to each field, Mailing Address; 1617 M.ail. Service Center Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 733-0059 State Courier 052-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper hityr,=Y17 7 0 P ltr sfzi nr Location: 5.1.2 N. Salisbury St. Raleigh, NC 27699-1617 Tyson Foods, Inc. Page 3 ob, (-) You must submit a plan that describes the actions to be taken to comply with Permit No, WQ0000029. This plan and any explanation for these violations that you wish to present must be submitted within 30 days of receipt of this letter. Please reference the state issued Permit Number when providing the requested information. All information should be signed and submitted in triplicate to the attention of Brian Wrenn at the letterhead address, Any information that was missing or requires correction from the 2000 annual report as noted above should be submitted within 15 days of the receipt of this letter. Your explanation will be reviewed, and if an enforcement action is still deemed appropriate, your explanation will be included in the enforcement package forwarded to the Director. Nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all applicable state laws and regulations. If you have any questions regarding this request, please do not hesitate to call IBrian Wrenn of our central office staff at (919) 733-5083 ext, 529, Sincerely, Rex Gleason, Water Quality Regional Supervisor cc: Non -Discharge Compliance / Enforcement Unit Mooresville Regional Office Central Files Mailing Address: Telephone (919) 733-5083 Location: 16:17 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St, Raleigh, North Carolina 27699-.1.61.7 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled / .10% posi-consumer paper htin..1/00 pnr into ?IV State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr.. Governor William E. Holman, Secretary Kerr T. Stevens, Director Mr. Rick French, Alexander County Manager 255 Liledoun Road Taylorsville, NC 28681 Dear Mr. French: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE5OURCES WA I ER QUALITY SECTION November 6, 2000 Subject: Non -discharge Inspection Tyson Harmony Facility Permit No. WQ0000701 Iredell & Alexander County Enclosed is a copy of the non -discharge (land application) inspection report for the inspection that was conducted on October 2, 2000 by Mrs. Ellen Huffman with this Office. Generally the land application operation was being conducted satisfactorily and in accordance with the terms and conditions of the permit. It should be noted that Tyson has decided to remove the Vaughn Rogers field (closest to the complainant) from the subject permit due to odor complaints. The inspection report should be self-explanatory; however, if you have any questions, please contact Mrs. Huffman or me at (704) 663-1699. Sincerely, / D. Rex Gleason, P.E. Water Quality Regional Supervisor Attachment 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-'1699 FAX '704-66.3-604 An Equal, Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Bunt, Jr, Governor Wayne McDevitt, Secretary Key T. Stevens. Director NON -DISCI -LARGE CONPLLANCE INSPECTION GENERAL DliviiITION City/Tovirt/Owner: Tyson. - Harrnonv Plant Permit No.: WQ0000701 Last Amended Date: N/A If applieable SOC Issuance Date: N/A Pen-nittee. Contact: Dan Crowe ORC Name: A1anBrown-EAReSOUT County: Iredell. Davie. Wilkes. Yadkin. Alexander. & Rowan Counties Issuance Date: March S' 1. 1998 Expiration Date: April. 30,, 2000 Expiration Date: N/A Te1ephoneNo: 336783872171 Telephone No.: 336/492-6395 Reason for Insnection ROUTINE COMPLAINT X FO7_ 71,OW-UP Tyne of insnection Collection Syst Inspection Spray Irrigation (addition Sludge Other he included 011 attached pages) This is the follow-up land application inspectior. cnriducted on 10-2-00, and referenced in the storage facility inspection report dated October 2, 2'000. Tyson has contracted EMA Resources as their land application contractor. EMA Resources :ectintly started land application activity (from Harmony storage only) on land permitted in Alexmader County. The residuals are being injected to a depth of approximately 10 inches into the soil. The site was properly buffered and overall the application looked very good. The application was completed on 10-10-00. One odor complaint was received (104-00) from a nearby neighbor. There was a slight odor detected at the time of inspection and also on 10-10-00. After careful co7sideration., Tyson has decided to remove this field (Vaughn Rogers) from the permit. This permh is currently in-house for renewal (with amendment). The residual will continue to generate odor complaints unless there are some treatment. changes made in Tyson's residual treatment process. Is a follow-up inspection necessarr ves no Inspector(s) Name(s)/Title(s) Ellen Huffman / Env Technician V Telephone No. 704/663-1699 Fax No. 704/663-6040 Date ofinspecrion October 1 2000 Residuals Inspection Tyson WQ0000701 iredell Co Tvne of Residua Land Appii ION Y Copy of current permit available at residuenerating site Y Current metals and nutrient analysis (see pr=nit for frequency). industrial residuals) Distribution and Marketing, (class A) No land appiication CtiVirl: -7T rime qf inspection. Y TCLP analysis SSFA (Standard Soil Ferdlity Analysis) Y Nutrient and metals loading calculations (tc., determine most limiting parameter) Y Hauling records- # gal/tons hauled during caiendar year to date Y Field loading records Y Field site maps and information r.tia Records of lime purchased (only used whez.: residuals are surface -; n/a Pathogen & Vector Attraction Reduction Pg 2 Comments- i-id buffers flagged appropriately. _ L.fliropnate records available for inspection, as required. Pathogen & Vector AttractionReduction records (check which rnethods apply) N/A -see comment below. Comment: This permit does not require cal analyses or vector attraction reduction, however, fecal analyses should be considered as a monitori-ric, parameter, as long as waste from the Wilksboro, Townsend Foods. and Case Farms pl=s, can be applied "as is" after DAF treatment. Only the Harmony Plant has a process that is "hoT.- enough (160-200°F) to get adequate fecal kill. Waste shipped to Harmony is pre -heated before_ being processed in a three phase Alfa Lavel decanter (centrifuge). This procass does not address VAR. Fecal coliform Not required SM 9221 E (Class A or B) (Class A, all test must be <1000 MPN / dry gram.) (Class B. Geo. mean of 7 samples/monitoring period .0*106 CFU / SM 9222 D (Class B only) (Geo. mean of 7 samples/monitoring period for Class B <2.0*106 CFU / dry gram) Salmonella (Class A, all tests must be < 31V1PN / 4 grams dry Time / Temp records Not required Digester (MCRT) Compost n/a Class A lime bilization Dia Volatile Solids Calculations Bench -top aerobic/anaerobic digestion results Ira pH records for lime stabilization ( Class A or B ) n'a Residuals Inspection Tyson WQ0000701 Iredell County pg3 Treatment (check treatment r„rpe(s) used.) _' VA Comment: Residuals are considered an industrial waste product. See comment under pathogen and vec tur arc -action, T reaunent not required by cin-Tent permit. Treatment may be required under the Federal 40 CFR. 257 rules. n/a c digestion. nia Autatherrnal Thernzophilic Aerobic Digestion (ATAD) n/a Anaerobic digestion ri/a Drying beds (may not meet 503's) n/a Alkaline Stabilization Lirne other X Compost (check treatment type used Windrow n/a Aerated Static pile nfa in vessel panto Permit in transport vehicle? Y Spill control plan in transport vehicle? Y Does transport vehicle appear to be maintained? Y - r n'a Operation & Maintenance records Calibration records of land application equipment Yes Condition of and application equipment on site itt-ICYLI 0 on storage 3) day Describe storage: above ground tanl writla a 520-000 gallon can' (if more than 2 yrs, does facility have Surface Disr nsal Permit`.) n'"a Storage was spected on September 19, 2000. Spill control plan on application site`? yes Lagoon is lagoon lined Above mound tank X Aerated Mixed Drying beds In ground tank nia Aerated Mixed Concrete storage pad.s Samnlin Describe Sampling. As the current permit allows, wastes from the Wilkesboro, Townsend Foods, and Case Farms Facilities can be land applied "as is" er receive further treatment at Harmony. Each waste stream is sampled and analyzed separately. Calculations submitted in the 1999 annual report were found to be questionable and confusing.. DWQ returned the 1999 annual report. A revised 1999 annual report was received July 21, 2000. Subject permit is cutrtly being processed for renewal. 7 5/ 0 02: 46 7045465944 TYSON FOODS PAGE ,son Foods (Harmony) Subject: Tyson Foods (Harmony) Date: Mon, 24 Jul 2000 13:36:33 -0400 From: "Alan Brown" <emabrownr .mindspring.com> To: <Ellen.Huffman@nccmail.net> Hello, I just wanted to touch base with you about a few issues that you and Erik have discussed concerning the Tyson Foods program. First, we would like to meet with you and the Winston Salem Regional Office Representative to discuss the situation with Tyson's current land base in the program and the availability of any land for land application. Also, once the contract is signed, we will be coordinating agricultural lime application on a few sites which have not received it as of yet. We will be receiving a list of these sites and coordinate with you to assure you they are receiving lime. We would like to try and have the stipulation in Tyson's permit pertaining to the addition of lime for odor control, removed. The permit states that the lime will be incorporated into the residuals at least 30 minutes prior to application, and the pH is required to be raised to 10. This stipulation is based on surface application. EMA Resources, Inc. will manage this program by injecting 100% of the residuals, and agricultural lime will be applied on all application sites needing ph adjustment following residuals application, For this reason, it is our belief that the current stipulation should not be required. We have talked to Dr. Bob Rubin concerning this stipulation, and it is his belief that this stipulation could be removed if the proper management practices are used. He has written EMA Resources, Inc. a letter stating this, What steps do you think we need to take to remove this stipulation from the permit? We are prepared to meet with you or submit a formal letter requesting this. Please contact me to discuss this process in more detail, Finally, could you send us the ORC Forms you discussed on Friday so we can list ourselves as the ORC and back-up ORC for Tyson Foods. We would welcome an opportunity to meet and discuss the future of Tyson's land application program and it's challenges. We feel that it is imperative to develop a professional working relationship and confidence with both the DENR and Tyson in. order to get this program to where it needs to be. If you have any questions please feel free to give Erik, Mike or myself a call anytime. We are looking forward to meeting with you, Sincerely Alan Brown EMA Resources r or C 7/24/ d 0t ] :4 0 PM DEPARTMEN' OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WSRO December 3, 1999 MEMORANDUM TO: Shannon Thornburg Non -Discharge Permitting Unit FROM: George Smith Dtr17,. gavy HEATATit 4° NATI) g A ItitS0v Rom 414,1 'l#dets,Atk," SUBJECT: Tyson Foods Permit No. W00000701 Burke, Chatham, Iredell, and Wilkes Counties ;$,441:1,11 Concerning Tyson Foods, which is located in each of the four counties listed in the subject of this memo. There are four Tyson facilities that will be land applying in four counties (Alexander, Davie, Rowan, Wilkes), covering two regions. I am not clear if all facilities can land apply on the same field, if so, the pollutant loadings appear to be incorrect. A permit modification is requested that concentrated sulfuric acid be used instead of caustic. The pH of 10 would have to be modified. I feel tle low pH of this material will facilitate the migration of metals into the groundwater. The saponification of fats does occur when using caustic, however, the making of soap is accomplished by using 50% caustic at 140° F. A soft soap, such as those in the dispensers, can be made when using potassium hydroxide. I feel that Tyson should be made to make an application for each of the four facilities and list the land application sites on each permit. Also, Mike Prker, of the Mooresville office, was involved in the meeting with Dr. Rubin a Tyson Foods, MS, I put in this matter is vital. cc: WSRO RECEIVED WATER Mitsui -Ty SECTION MN 1 4 1999 Non-Diecherge Permitting James A. Graham COMM issioncr North Cliztrolina _ Bcpartrarrd nf artb (fartsurrigr 7`z-5.erfrires itirtt-rrriir June 13, 2000 Ellein. Huffman NCDE,NR. Div. of Water Quality 919 N. Main Si, Mooresville, NC 28115 Dear Ellen, Dr. Richard C. Reich Di rcclor I am conce -d. about the ver-applicationof biosolid residuals by Terra Renewal Services, TRS, for Tyson Foods on the Adams Farm that Charles Lee is renting for corn and soybean production. 1 believe it is having an adverse affect on crop production and yield. On June 25,1999, Charles Lee and 1 exarnined corn on the Adams Fami., 1 found the corn to be extremely stunted with yellow streaks between the veins. A definite pattern of damage was observed. There would be four rows of damaged corn and then two rows of normal com. Damaged corn was only six inches tall and noluial corn 5 feet tall, On July 1, 1999, Charles Lee, Kent Messick, Am-onomic Division, Field Services Section Chief, and 1 revisited the Adams farm to take soil and plant tissue samples. While there we observed the application ofbiosolids. We sampled the biosolids and measured the application area receiving two thousand gallons.. We calculated the area covered to be 3000 square feet for an application rate 29,069 .gallons per acre. Waste analysis report number W00148W showed 27 lbs. PAN per 1000 gallons. This is an application rate of 785 lbs PAN per acre. The application rate of 785 Ibs. PAN from the biosolids is far above the permitted application rate of 160 lbs. PAN per acre for corn for grain and 200 lbs. PAN for soybeans. it is suspected that the stunted symptoms are a result of over application of nutrients applied in 1999, On May 22, 2000 Charles Lee, Kent Messick and 1 returned to the Adams Farm to evaluate the growth of this years corn crop. We found some stunting but not as severe as in 1999. We took soil and tissue samples of a corn field where biosolids had been applied. We found biosolids approximately 6 inches under the stunted corn and the soil test results show a nitrate level of 163 ppm. under the bad and 164 pprn under the good corn. This is approximately 291 lbs. PAN per acre. We did not check for ammonium in these two samples. However Mr. Lee did apply nitrogen to the corn crop and this is also contributing to the high nitrate level. On May 30, 2000 Charles Lee, Ellen Huffman., Division Water Quality; Steven Smith, Terra Renewal Services; Daniel Crowe and Danny Wyatt of Tyson Foods, and 1 met at the Adams 4300 Reedy Creek Road, Rai ei0.41. North Carolina 27607-6465 (919) 733-26550 FAX (919) 733-2837 An Equal opportunity Affirmative Action Employer to disc s sid l bios lids application d to obse applied, e ei vhere the material d been ook soil samples of field P that already had Orrapplication of sludge and TRS had returned and made a second application. Soil samples ANdre taken where a first and second application had been made, All three samples showed high nitrates and ammonium levels, The single application hadha$692 lbs PAN per acre. The double application in furrow had 473.48 lbs. PAN per acre. The double application between the furrows had 450 lbs. PAN per acre. Charles Lee had not applied any fertilizer to this field, If l can be of further assistance, please let me r ow. Sineer J. Ben '_. Regional Am -orlon -list Cc J. Kent Messick Charles Lee Re, question Subject:Re; question Date: T ue, 18 Jul1 -0400 From; Kevin Barnett <kevitiMaimett@nernaiLmet> " Ellen Huffman <Ellen.Huffnlai n in iL.n t rsa . Permit ond ion II. 14. Residuals shall n t be applied to any land a pl.ic tleara sitar ttaat is Cloud d, iro n or snow-covered Also, so, t 1rzen, t. C is not t agrearaeri,c rats,s .... , g len. j ea t of h uok load 1ug tyson id TRS. aacing ogsarad see on -06 " r5' 1aand .%a ecti st approx. 0, 000 t Richard Adams farm. It was note on the da l y' t z, .td g that ground was "rc . f/darrr, a"» P crszr r.. y .can 1s that?? 1 El el H t` Dept. cf L1a1tl Ph: 704. 66 » 1699 5 663. 6t)4t ResCanises a : '14 era .sffrna vcf Typea VCard (t t.'-vcard) Encoding: : 7bit s rl t l cr : Card firEllen 'cr na 1 at 1 JAMES B. HUNT JR, GOVERNOR BILL HOLMAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE October 2, 2000 Mr. Dan Crowe Tyson Foods P.O. Box 158 Harmony, NC 28634 Subject: Non -discharge Inspection Tyson Harmony Facility Permit No. WQ00007O1 Iredell County Dear Ivl_r. Crowe: Enclosed is the non -discharge inspection report that was conducted on September 19, 2000 by Mrs. Ellen Huffman with this Office. This inspection is part of our initiative to inspect all non -discharge programs during each calendar year. It is noted in Ms. Huffman"s report that Tyson is in the process of having Horizon Engineering inspect the subject storage facility and develop a spill plan for the facility. The spill plan is to be submitted to the Division of Water Quality upon completion. The inspection reports should be self-explanatory; however, if you have any questions, please contact Mrs. Huffman or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Attachment cc: Non -Discharge CompliancefEnforcernent Unit r Ft Ft 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PI-IONE 704-663-1699 FAX 704-663-604O AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10%. POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Ken- T. Stevens, Director NON -DISCHARGE COMPLIANCE INSPECTION GENERAL INFORMATION City/Town/Owner: Tyson - Harrnpiv Plant Permit No.: W00000701 Last Amended Date: N/A If applicable SOC Issuance Date: N/A Permittee Contact: Dann Wyatt ORC Name: Alan Brown Reason for Inspection ROUTINE COMPLAINT X FO County: Iredell, Davie, Wilkes, 'Yadkin, Alexander, 4: Rowan Counties Issuance Date: March 31, 1998 Expiration Date: April 30, 2000 Expiration Date: N/A Telephone No.: 336-838-2171 Telephone No.: 336/492-6395 LOW -UP OTHER Type of inspection Collection System Spray Irrigation X Sludge Other Inspection Summam (additional cornrnents mav be included on attached pages The Tyson Harmony Plant renders waste poultry by-products into a "corn meal" type product that is used as an additive for animal feed products. Residuals from the 'Wilk.sboro, Townsend Foods, and Case Farms plants are transported to the Harmony Plant where they are further processed and stored, or are land applied "as is" after mechanical DAF process. There has been no land application activity from the Harmony facility since issuance of the Notice of Violation/Notice of Recommendation for Enforcement on June 12, 2000. Tyson is currently providing additional treatment for Wilkesboro, Townsend, and Case Farms DAF residuals at the Harmonyplant. Tyson is sending all of the residual material from Hamiony's residuals storage facility to Alabama for land application. The residual storage facility was inspected during this visit. The new contractor, EMA Resources, is planning application activity (in October, from storage only) on land permitted in Alexander County. A fellow -up inspection will be conducted once the above mentioned land application activity begins. Tyson does not have a spill plan for the Harmony storage tank (as required) but has hired Horizon Engineering to review all of their facilities; and Horizon Engineering is scheduled to inspect the Harmony facility on September 27, 2000. Tyson will send the completed spill plan to Raleigh and the MRO. Is a follow-up inspection necessary X yes no Inspector(s) Name(s)/Title(s) Ellen Huffman / Env. Technician V Telephone No. 704/663-1699 Fax No. 704/663-6040 Date of Inspection September19, 2000 Residuals Inspection pg 1 Tyson 'WQ0000701 Iredell County Tvpe of Residual X Land Application(industrial residuals) Distribution and Marketing (class A) Record Keeping No land application activity at time ofinspection. Y/N Y Copy of current permit available at residual generating site * Current metals and nutrient analysis (see permit for frequency) * TCLP analysis SSFA (Standard Soil Fertility Analysis) Nutrient and metals loading calculations (to determine most limiting parameter) Y Hauling records- # gal/tons hauled during calendar year to date * Field loading records Y Field site maps and information * Records of lime purchased (only used when residuals are surface applied) nia Pathogen & Vector Attraction Reduction Comments- *No land application activity at time of inspection. Items will be checked once analyses are submitted to the MRO prior to land application. Pathogen & Vector Attr ction Reduction records (check which methods apply) N/A -see comment below. Comment: This permit does not require fecal analyses or vector attraction reduction, however, fecal analyses should be considered as a monitoring parameter, as long as waste from the Wilksboro, Townsend Foods, and Case Farms plants, can be applied "as is" after DAF mechanical treatment. Only the Harmony Plant has a process that is "hot" enough (160-200°F) to get adequate fecal kill. Waste shipped to Harmony is pre -heated before being processed in a three phase Alfa Lave! decanter (centrifuge). Fecal coliform Not required SM 9221 E (Class A or B) (Class A, all test must be <1000 MPN dry gram) (Class B, Geo. mean of 7 samples/monitoring period <2.0* 06 CFU / dry gram) SM 9222 D (Class B only) (Geo. mean of 7 samples/monitoring period for Class B <2.0*106 CFU / dry gram) Salmonella (Class A, all tests must be < 3MPN / 4 grams dry Time / Temp records Not required Digester (MCRT) Compost n/a Class A lime stabilization n/a Volatile Solids Calculations Bench -top aerobic/anaerobic digestion results n/a pH records for lime stabilization ( Class A or B ) nia. Residuals Inspection pg 2 Tyson WQ0000701 Iredell County Treatment (check treatment type(s) used) N/A Comment: Residuals are considered an industrial waste product. See comment under pathogen and vector attraction. Aerobic digestion n/a A.utothermal Thermophilic Aerobic Digestion (ATAD) n/a Anaerobic digestion nla Drying beds (may not meet 503's) n/a Alkaline Stabilization Li.rne other X Compost (check treatment type used) Windrow nla Aerated Static Pile n/a In vessel n/a Other n/a Transport Permit in transport vehicle? Y Spillcontrol plan in transport vehicle? Y Does transport vehicle appear to be maintained? Y Operation & Maintenance records No land application activity at time of inspection. Calibration records of land application equipment n/a Condition +Aland application equipment on site n/a Storage Number of months storage 30 days Describe storage: above ground tankwith a 520,000 gallon capacity. (if more than 2 yrs, does facility have Surface Disposal Permit?) nla Spill control, plan on storage site? Tyson does not, have a spill plan for, it's storage tank (as required) but has hired Horizon Engineering to review it's facilities. Horizon is scheduled to lnsDect the Harmony facility on September 27, 2000. Tyson ,will send the completed spill plan to Raleigh and the MRO. Lagoon - Is lagoon lined_ Above ground tank X... In ground tank n/a Aerated Mixed X Aerated Mixed Drying beds Concrete storage pads Sampling Describe Sampling. As the current permit allows, wastes from the Wilkesboro, Townsend Foods, and Case Farms Facilities can be land applied "as is" or receive further treatment at Harmony. Each waste stream is sampled and analyzed separately. Calculations submitted in the 1999 annual report were found to be questionable and confusing. DWQ returned the 1999 annual report. A revised 1999 annual report was received July 21, 2000. Subject permit is currently being processed for renewal. Residuals Inspection pg 3 Tyson WQ0000701 Ired.ell County Is sampling adequate *X Is sampling representative *X *The new contractor, EMA, has contracted with Tyson to apply only waste residuals from the Harmony storage facility, which contains the residuals generated from the Alfa Lavel decanter process at the Harmony Plant. Field Sites No land application activity at time of inspection. Permit on site during application Buffers adequate Documented exceedances of PAN limits Signs of runoff / ponding Rain Gauge on site during application Comments- Rain au e is laced at the field one da Are there any limiting slopes on fields? Y/N N 10 % for surface application. Monitoring wel(s) in permit: no If yes, Location of wel Spill plan on site Cover crop specified in permit Site condition adequate (if no, improvements recommended) d application activi for subsurface application Odors/vectors No land application activity Odors present Vectors present imc of inspection. Describe any nuisance Conditions and any corrective actions needed. Comment: Tyson has a history of odor problems. The current permit allows (possibly unstable) waste from Wilkesboro, Townsend Foods, and Case Farms to be land applied or processed further at the Harmony Plant. Partially stabilized residuals may be the cause of the odor. Subject. Tyson Land application Permit Date: Tue, l Aug 2000 l :2& 7 -0400 From: "Alan Brown"<emabr vna indsprin .eo > To: "EllenHuffman"-<Ellen. of m @nemail nct> Ellen thank you for taking the time to meet with us and helping to get this project going in the right direction, l guess next time we can meet in Mooresvillo if you would please send us an electronic copy of Tyson's current. permit we would be happy to make the corrections we would like to see put into place., As you are aware I think the main concern is with the addition of lime:. Please get back with us on what Shannon's comments are and we wall work to put something together as quickly as possible, if Shannon can hold the renewal until we get some new land to run on we could have something in probably two to three weeks. Alan Brown EMA Resources Director of Technical Services 1ofI Tyson Pe Subject: Tyson Permit Date: Thu, 3 Aug 2000 11:45:41 -0400 From: "Erik Blankenship" <emablankensl p mindspriing.com> To: <E1len.Huffman r@x ncmail.net> Ellen, Howdy! How are things? I wanted to thank you for forwarding your comments on Tyson's existing permit. I have a few comments for your review. I also will fax a copy of the ORC designation form for your files. We will also be applying lime to the required sites next week and I will you send you a letter confining this once it is completed. Based on your comments on the Union Co, facility permit, and our discussion of the Harmony facility permit, the following are my comments: (11c)- Tyson does mix the residuals in there storage tank at Harmony. Also, according to a recent Fecal analysis taken from the storage tank (which is representative of what will be land applied), the levels of fecal coliformlg were near levels for Class A requirements and definately below Class B requirements. I will fax you a copy of this analysis for your review, According to the most recent ttl. nutrient analysis taken from the storage tank, the sol. salts content was very low (<1 %). This could be a reflection of Tyson's recent upgrade in their treatment process. We expect this trend to continue, III (2a) Proof of Stabilization We understand from Tyson that the residuals are introduced into the storage tank at approx. 250 degrees F due to the process of pelletizing a portion of the material to sell as feed. It is our belief that the waste generated from this process (which is land applied) has been adequately stabilized and can be proven by the Fecal analysis. *I would think that Tyson must reduce or eliminate pathogens in the "pelletized" product before they could sell for feed. HARMONY FACILITY PERMIT (12) We request that this requirement for the addition of be eliminated for residuals which are injected. e to raise the pH to 10, 30 minutes before application Also, I wanted to talk to you about how we get approval if we want to place a 20,000 gallon Frac tank in the field as basically a transfer station. This is because one potential farm is located about 90 miles from Harmony. If we send a load from Harmony and during the 1.5 hour travel time, it rains at the site, we dont want to send the Toad back to the plant. A Frac tank would allow us to unload at the site, and wait until land application is suitable. Anyway, we can talk about this in more detail. I apologize about being so long winded, but I just wanted to keep you updated. We are currently looking for suitable land around the area as well as setting a meeting with the farmer in Montgomery Co. to see if his land will work. We are moving as fast as possible.. Please let me know what Shannon in Raliegh has to say. I will leave you alone now. Bye. Erik 1ofl 1f1A2MO003:10PM Tyson Foods (&fi anny) Subject: Tyson Foods (Harmony) Date: Mon, 24 Jul 2000 13:36:33 -0400 From: "Alan Brown" <emabrown@mindspring.corn> To: <Ellen..Huffinan@ncmail.net> Hello. I just wanted to touch base with you about a few issues that you and Erik have discussed concerning the Tyson Foods program. First, we would like to meet with you and the Winston Salem Regional Office Representative to discuss the situation with Tyson's current land base in the program and the availability of any land for land application, Also, once the contract is signed, we will be coordinating agricultural lime application on a few sites which have not received it as of yet. We will be receiving a list of these sites and coordinate with you to assure you they are receiving lime. We would like to try and have the stipulation in Tyson's permit pertaining to the addition of lime for odor control, removed. The permit states that the lime will be incorporated into the residuals at least 30 minutes prior to application, and the pH is required to be raised to 10, This stipulation is based on surface application. EMA Resources, Inc. will manage this program by injecting 100% of the residuals, and agricultural lime will be applied an all application sites needing ph adjustment following residuals application. For this reason, it is our belief that the current stipulation should not be required. We have talked to Dr. Bob Rubin concerning this stipulation, and it is his belief that this stipulation could be removed if the proper management practices are used. He has written EMA Resources, Inc. a letter stating this. What steps do you think we need to take to remove this stipulation from the permit? We are prepared to meet with you or submit a formal letter requesting this. Please contact me to discuss this process in more detail. Finally, could you send us the ORC Forms you discussed on Friday so we can list ourselves as the ORC and back-up ORC for Tyson Foods, We would welcome an opportunity to meet and discuss the future of Tyson's land application program and it's challenges. We feel that it is imperative to develop a professional working relationship and confidence with both the DENR and Tyson in order to get this program to where it needs to be. If you have any questions please feel free to give Erik, Mike or myself a call anytime. We are looking forward to meeting with you. Sincerely Alan Brown EMA Resources 1 of A 10/27/2000 3:07 PM Harmony, NC 28634 o. WQ00007O October 24, 2000 North Carolina Department of Environment and. Natural Resources Mooresville Regional Office 919 North Main Street Mooresville, NC 28115 Huffman: Enclosed is the Spill Prevention Control an:d Countermeasure Plan that you requested during your plant visit. Sincerely, • Preven ion Con and e F ,:r easure Tyson Foods, Incorporated v r Valley Animal 501 She ield Road Har on , N.C. 28634 Prepared by J. Thu an Horne, Hc.rizon Engineering & Cortsul 107 Commercial Park Drive Concord, N.C. 28027 trio. Prevent ip.. Cont C l and Coun ermeasuI"Plan For Tyson Foods, Incorporated iver Valley Animal Foods 501 Sheffield Road Harmony, Prepared by: J. Thurman Horne, P.E. Horizon Engineering & Con ciltin , tnc, 107 Commercial Park Drive Concord, N.C. 28027 Ph:70-78-947 Certification: hereby certify that 1 have examined the facility, and being familiar with the provisions of 40 CFR Part 112, attest that this SPCC Plan has been prepared in accordance with good en erinw pre ices. Engine Date: cober an Horne, P.E. 2000 Table of Contents 1. Facility Owner and Operator A. Facility Owner, Address and Telephone B. Facility Operator, Address and Telephone 2. Facility Contact(s) 3. Facility Description A. Facility Operations B. Facility Storage C. Drainage Pathway and Distance to Navigable Waters 4. Spill History 5. Potential Spill Predictions, Volumes, Rates and Control 6. Prevention Measures Provided A. Drainage Control B. Bulk. Storage Tanks/secondary Containment C. Facility Transfer Operations D. Facility Truck LoadinglUnloading Operations E. Inspections/Record Keeping F. Site Security G. Personnel Training and Spill Prevention Procedures H. Spill Control Equipment 1. Emergency Contacts Appendix 1 Facility Site Plan Appendix 2 Drainage Discharge Report Form Appendix 3 Storage Tank Inspection Report Appendix 4 Monthly Facility Inspection Report and Checklist 3 4 7 7 8 9 10 11 12 13 13 14 14 15 2 Facility Owner and Operator: A. Facility Owner, Address and Telephone: Tyson Foods, Incorporated 2210 Oaklawn Drive Springdale, Arkansas 72756 (800) 643-3410 B. Facility Operator, Address and Telephone: Tyson Foods, Incorporated P.O. Box 158 501 Sheffield Road Harmony, N.C. 28634 (704) 546-2602 Facility Contact(s): Name Title Telephone Daniel Crowe Plant Manager (704) 546-2602 Danny Russell Plant Operations Manager (704) 546-2602 Mike Campbell Wastewater Manager (704) 546-2602 Facility Description: A. Facility Operations: This facility is primarily a rendering facility, which receives offal and byproducts from other Tyson Foods processing plants and renders these into useable secondary products (feed ingredients, etc.) The facility uses oils for fuel, lubrication, and various needs associated with business operations, and stores poultry fats and oils. Hence, oils are stored in various locations throughout the site in above ground tanks, and underground storage tank, etc. The location of these tanks, etc. is depicted on the site plan (Appendix 1.) B. Facility Storage: Note: All tanks are steel tanks. Al otherwise noted as UST. Storage Area ID T2 T3 #SA-2 T4 Volume (Gallons) 500,000 10,000 500 500 280 280 280 55 55 anks are above ground unless Contents P sludge a . - °° oil) diesel fuel gas waste Sri! hydraulic oil motor coil motor oil gear oil grease crushed oi 500 Fat filters Containment ea then dike concrete dike concrete dike under roof steel dike steel tank steel tank steel tank steel drum steel drum steel drum under roof with concrete floor and drain to waste oil storage tank steel drums, under roof with concrete floor and drain to waste water treatment plant, influent pump station steel tanks, under roof with concrete floor and drain to waste water # T5 2 @ 15,000 oily sludge # T6 3 @ 10,000 fat 2 @ 27,000 fat 1 © 32,COO fat 1 @ 30,000 fat # UST-1 20,000 C. Drainage Pathway Storage Direction Approx. Dist. Area ID (feet) #T1 South 200 #T2 West 50 #T3 West 50 #WOC-1 Southwest 600 #SA-1 Southwest 600 No.2 oil Conveyance overland overland overland overland overland treatment plant, influent pump station steel tanks on concrete pad slope to drain to waste water treatment plant, influent pump station steel tanks on concrete pad slope to drain to.waste water treatment plant, influent pump station underground storage with leak detection Receptor Note: Potential release from SA-1 would flog sump, which pumps into WOC-1. #SA-2 Northwest 200 sloped concrete UT to Hunting Creek Hunting Creek Hunting Creek Hunting Creek Hunting Creek v on concrete floor into Hunting Creek Note: Potential release from SA —2 would flow over concrete floor into drain which conveys to WWTP influent pump station. 5 # T4 Northwest 150 sloped Hunting Creek concrete Note: Potential release from T-4 would flow over concrete floor into drain, which conveys to WWTP influent pump station. # T5 Northwest 200 sloped Hunting Creek concrete Note: Potential release from T-5 would flow over sloped concrete pavement, which drains into WVVfP influent pump station. # T6 Northwest 150 sloped Hunting Creek concrete Note: Potential release from T-6 would flow over sloped concrete pavement, which drains into WWTP influent pump station. # UST1 Northwest 300 sloped Hunting Creek concrete Note: Potential release from UST-1 would flow over sloped concrete pavement, which drains into VVWTP influent pump station. The topography and construction of the site is such that potential releases from the storage areas would flow in either of three (3) general patterns. Any potential release from T-1 would first be contained in the existing earthen berm. Beyond this, drainage would flow overland into a small unnamed tributary which makes confluence with Hunting Creek approximately 200 feet downstream. Any potential release from T-2 and T-3 would first be contained in existing concrete dikes. Beyond this, drainage would flow overland into Hunting Creek.. Any potential release from SA-1 would flow over a concrete floor, sloped to a drain sump which conveys to the waste oil storage tank, W©C-1. Any potential release from SA-1 and/or WOC-1 would flow overland, across a dirt/gravel parking lot before crossing a narrow vegetated strip before reaching Hunting Creek. Any potential release from SA-2,T-4, T-5, T-6 and UST-1 would flow over concrete floors or concrete pavement that drains into the WWTP influent lift station. This entire area is sloped in a concave manner such that all 6 drainage, including storm runoff, flows into the WVVTP influent pump station. The front (east) and sides (north and south) of this concave, drainage are of high enough elevation so that there is no potential for overflow and/or release beyond the area in these directions. The back (west) side is protected by a substantial concrete wall (approx. 8 feet high) which joins into the natural slope of the other three (3) sides to form a very nice concrete bowl around the pump station. 4. Spill History There have been no spill events resulting in the detectable off site release of oil products within the twelve (12) month period preceding the initial preparation of this plan. A record is maintained of all spill events that result in any detectable release of oil products off site and/or to any navigable waters. This record is used to maintain a documented history of all such incidences and the corrective measures, etc. taken. The record of any such incidence should be attached or recorded as this plan is updated. 5. Potential Spill Predictions, Volumes, Rates and Control Note: The direction of flow and distance for a potential spill to reach navigable waters is described above in 3.C. Drainage Pathway. Storage Potential Failure Potential Area ID Volume (Gallons) # Ti rupture, leak, 500,000 overfill # T2 rupture, leak, 10,000 overfill # T3 rupture, leak, 500 overfill # VVOC-1 rupture, leak, 500 overfill # SA-1 rupture, leak, 280 overfill Est. Potential Containment Rate (gal./hr.) 500,000 exceeds 110% of potential spill volume 10,000 exceeds 110% of potential spill volume 500 exceeds 110% of potential spill volume 500 exceeds 110% of potential spill volume 280 exceeds 110% of potential spill volume 7 # SA-2 rupture, leak, overfill # T4 rupture,Ieak, overfill # T5 rupture, leak, overfill # T6 rupture, leak, overfill # UST-1 leak, overfill Fueling area (gas, diesel) Truck Loading and Unloading (storage tanks T4, T5, T6 and UST1) rupture, leak, valve or pipe failure, overfilling 55 55 500 500 exceeds 110% of potential spill volume exceeds 110% of potential spill volume 15,000 15,000 exceeds 110% of potential spill volume 32,000 32,000 exceeds 110°l , of potential spill volume 20,000 1,000 UST with leak detection no secondary containment 10,000 10,000 Automatic shut off controls on fuel dispensing lines leaving storage tanks. Concave dirt gravel area for fueling would temporarily contain spillage for clean up/removal. 32,000 32,000 exceeds 110 % of potential spill volume Miscellaneous drum and small 55 55 drip pans, and Containers containment by installing temporary berms and/or absorbents rupture, leak, overturning 6. Prevention Measures Provided Drainage Control Diversionary Structures and Containment As described in preceding sections, all above ground storage tanks are equipped with secondary containment in the form of concrete or steel walls or curbing that is designed to contain at least 110 % of the volume of the single largest tank or container, with the exception of the WVVTP sludge storage tank, T-1. This tank is encircled by an earthen berm or dike which is designed to contain at least 110 % of the volume. Although this containment is earthen, due to the consistency of the sludge and the low percentage of oil content (maximum 5-10%), the containment is adequate to retain the potential oil release until reasonable response and clean up could be achieved and thus prevent any potential release into navigable waters. The underground storage tank is equipped with corrosion control and state/federal requirements for leak detection. The storm drainage system is routinely monitored for any indications of oil and/or other contaminant release, pursuant to the requirements of the facility storm water discharge permit and the storm water pollution prevention plan. The effluent from the WWTP, which receives the majority of all potential spill/drainage, is routinely visually monitored and the effluent tested to insure that the discharge complies with NPDES permit limitations, including those for oil and grease. A. Drainage Control: (i.) Drainage from diked storage areas: The containment structures described above are equipped with lockable drain release valves. These devices are normally closed and must be purposely opened to release any accumulations. All containment areas are visually inspected frequently and at least monthly for the presence of oil sheen or other visible indication of oil. If there is no indication of oil, accumulations of rainwater may be released by opening the valve. If there is indication of the presence of oil, the oil must be removed by means of absorbents, vacuum truck, etc. as appropriate and the collected materials properly disposed off site in accordance with applicable state, federal and local requirements. ii) Plant drainage from undiked areas: All undiked storage areas of the plant, drain into plant storm drainage facilities which convey into the WWTP. The discharge from the WWTP is inspected and sampled in accordance with NPDES permit requirements. (iii) Final discharge of drainage: All above ground storage facilities are equipped with containment in the forms of structural secondary containment. Releases of drainage are controlled manually, (iv) Facility drainage systems and equipment: The plant storm drainage collection system is a combination of gravity flow and a central pump station. These facilities are inspected routinely by plant staff and 9 are the pumping system is equipped with appropriate alarms to warm of any failures. B. Bulk Storage Tanks/Secondary Containment: (i) Tank compatibility with its contents All tanks are constructed in a manner and with rnaterals suitable for the contents therein, fii) Diked area construction and containment volume for storage tanks: As described previously, all storage facilities are equipped with adequate secondary containment. Containment is adequate for tank contents plus an allowance for precipitation. Containment areas are constructed of impervious materials with the exception of tank T-1 which is discussed on pages 8 and 9 above. (iii) Diked area inspection nd drainage of rainwater: Drainage of accumulated rainwater is allowed only after careful examination by designated staff. Accumulations must be free of any sheen or indicators of the presence of oils. Drainage is accomplished by unlocking the release valve. The release port is closed and locked immediately after the drainage is complete. A drainage discharge report form ( See Appendix 2) is completed for each drainage release and a copy is maintained on site. Dv) Corrosion 'Protection of buried metallic storage tank: The underground storage tank is equipped with corrosion protection in accordance with applicable state and federal underground storage tank requirements. fy) Corrosion protection of partially buried metallic tanks: Not applicable to this facility. (v0 Aboveground tank periodic integrity testing: Above ground storage tanks (ASTs) are visually inspected frequently and at least monthly, they are formally inspected and the results documented using the inspection report forms provided in Appendix 3, The ASTs are drained at least once per ten years for visual inspection and cleaning. Tanks are repaired, cleaned, painted, etc. as necessary based on the results of inspections, to 10 maintain optimum operating condition and to lessen the possibility of fatiure due to deterioration. (vii) Control of leakage through interns( heating coils: Not applicable for this facility. (viii) Tank installation fail safe engineered: The provision of containment provisions as described previously, coupled with the procedures for monitoring loading operations, routine inspections, etc. are considered appropriate level of fail safe provisions for these facilities. fix) Observation of disposal facilities for effluentdischarge: Discharges from the wastewater treatment facilities are routinely sampled and monitored in accordance with the terms of the applicable permit. This permit limits the discharge of constituents, including oil and grease, that are allowed to leave the facility and be discharged into Hunting Creek. Stormwater releases are inspected and sampled as required by the plant stormwater discharge permit, Results of the testing and inspections performed are submitted to the responsible agencies and copies maintained on site as required by the permits. Sx) Visible oil leak corrections from tank seams and gaskets: Any such leaks are detected in the course of the routine inspections described previously. Any observed deficiencies are reported and repaired promptly. Any other corrective measures necessary are initiated as appropriate to assure that there is no release of oil beyond containment. Records of any such deficiencies and corrective actions are maintained in the inspection records. (xi) Appropriate position of mobile or portable oil storage tanks: The company maintains mobile hazardous material response materials positioned strategically on the plant site. These include equipment and supplies for quickly responding to and controlling an emergency event such as an oil leak or spill, The company also has the capability to readily move tanks as needed to serve as temporary storage facilities. All such facilities are maintained in areas that are readily accessible and not subject to flooding or washout. Facility Transfer Operations: (i) Buried piping installation protection and examination: Underground piping associated with the underground storage tank is provided with cathodic protection and leak detection in accordance with state and federal requirements. In the course of daily activities, the appropriate staff are aware to look for any visible indication (i.e. surface leak, material loss, visible pipe deterioration, etc. and to take immediate corrective action as appropriate. (ii) Not -in-service and standby service terminal connections: All fill ports, connection points drain plugs, etc, are kept closed, lacked and/or plugged as appropriate. Any service lines that are to be out of service for an extended period of time are also marked to clearly indicate the origin contents. Pipe supports design: All pipe supports appear to be of sound construction and materials to provide for secure operations and allow for expansion and contraction. (iv) Above ground valve and pipeline examination: Above ground valves and pipelines are inspected at the same time and frequency as described earlier for above ground tanks. Any indications of defects and or deterioration are similarly reported and promptly corrected. (v) Above ground piping protection from vehicular traffic: Piping is constructed in areas away from or provided with protection from vehicular traffic. Facility Tank Car and Truck Loading/Unloading Operations: (i) Loading and unloading meet DOT requirements: The company requires that all truck operators be familiar with and comply with all applicable DOT requirements. Unloading and loading is required to be supervised at all times by designated staff acquainted with spill prevention measures and the company spill prevention control facilities, response materials and procedures. (ii) Secondary containment for vehicles adequate: The drainage of the area of vehicle loading and unloading is such that spillage and/or leakage would collect and be conveyed to catch basins, drains, etc. that drain to either the plant storm collection system. In the event of a leak or spill conveyed into the storm drainage system, the staff observing the loading/unloading procedure should have more than adequate time to dike the 12 spillage with containment absorbents, pillows, berms, etc and also to deploy temporary blockage in the stormwater collection system to prevent the material from leaving the plant site and/or reaching navigable waters until removal procedures could be implemented. In the area of the diesel and gas fueling pumps, the area is a dirt/gravel lot which is concave and collects any runoff and would collect any spill or leak. Although this area is dirt and gravel, the concave shape provides a suitable containment that would collect any spill or leak from the fueling operation. Any such event must be followed immediately with proper cleanup of the spilled oils, including the removal of any impacted soils, to prevent the possible migration off site into navigable waters. (di) Warning or barrier system for vehicles: As described earlier, it is required that properly trained staff be present. throughout the entire loading and unloading process. A part of their responsibility is to insure that there is no departure prior to complete disconnect of transfer lines. Critical areas such as fuel dispensing pumps, fill lines, etc. are protected by vehicle barriers consisting of concrete filled pipes, raised curbs, etc. (iv) Vehicles examined for lowermost drainage outlets before leaving: As described earlier, it is required that properly trained staff be present throughout the entire loading and unloading process. A part of their responsibility is to insure that drain outlets appear to be in proper position and not leaking. E. Inspection/Record Keeping: Formal facility inspections are conducted at least monthly. These inspections are signed by the inspector and/or the supervisor. The checklist used for inspections is contained in Appendix 4. These records are kept on site for a minimum of three (3) years. Site Security: (i) Fencing: This facility is fairly remote and does not employ extensive security fencing. Highly sensitive areas have locked doors, etc. (ii) Flow valves locked: All tank valves with potential to release tank contents are kept locked when not in service. 13 (iii) Starter controls locked: Starter controls are located in secure areas and/or kept locked in the off position when not in service. {iv) Pipeline loading/unloading connections securely capped: Pipeline connections are kept securely capped or valves locked dosed when not in service,. (v) Lighting adequate to detect spills: There is adequate lighting in all oil storage areas and throughout the plant site to detect any spill or leakage and to discourage vandalism. Personnel Trainin and S ill Prevention Procedures: Li) Personnel instructions: All personnel involved in the spill prevention procedures (i.e. inspections, monitoring, spill response, etc.) receive initial training by the company to acquaint them with the SPCC plan, the requirements herein and overall spill prevention. These personnel also receive periodic refresher training through meetings, topic discussions, etc. Employees also receive training as a part of ongoing training pursuant to the requirements of the company stormwater pollution prevention plan. (ii) Designated person accountable for spill prevention: The Plant Manager is the designated person responsible for spill prevention at this facility. H. Spill Control Equipment: The company maintains hazardous material response materials positioned strategically on the plant site. These include equipment and supplies for quickly responding to and controlling an emergency event such as an oil leak or spill. The company also has the capability to readily move tanks as needed to serve as temporary storage facilities. 14 Emergency Contacts: National Response Center: N,C Division of Emergency snags LEPC Four Seasons Erivironrr t i Sery -800-424-8802 8-0368 704-878-5353 -800-782-0263 Appendix Facility Site Plan NOTE: Bold numbers indicate storage area to (See Part 3. B. of SPCC Plan) #TI Drainage Direction tions WWTP Influent. Pump Station Oil/Water Separator Se #WoC-1 Dirt/Gravel #T3 #T2 Dirt/Gravel Concrete Containment Wall #Tb Concrete Processing Plant WWTP Lagoon Note: SPCC Site Plan based on Site Plan furnished by Tyson Foods from previous SPCC Plan. Location of Tank #TI is approxirnate and not to scale. Tyson Foods, Inc. — River Valley Animal Foods SPCC Site Plan Scale: I" _ +I- 200 feet Horizon En ineerrn 107 Commercial Park Drive Concord, N.C. 28027 n su ti17Q _dn a October 4, 2000 Appendix 2 Drainage Discharge Report Form Secondary Containment. Release Checklist This report i5 to be completed prior to releasing any water that accumulates in any secondary containment stnicture, The observer will collect a sample of the water into a glass beaker for visual observations. Water will only be released if, in the opinion of the observer, that the water is not polluted. The completed form will be inserted into Appendix D of this SWPPP document. Ot3SERVER: ATE: STRUCTURE O. T EPTH OF ATER tN STRUCTUR Record all visual observations. Lock valve after releasing. T YES N COLOR TS FOAM STAINING OIL SHEEN FLOATABLES SUSP, SEDIMENT ODOR t Appendix. Storage Tank Inspection Report Note: Use the attached report for Pages) to record results of tank inspections. Location refers to Storage Area ID Number (See Facility Site Plan and Section 3. B. f the spcc Plan. Items s not applicable should be noted NA Use second page (Tank Diagram) to note any observed deficiencies and fo; inspector signature. AST INSPECTION REPORT Date Location Liquid Level Tank No. Temp. Capacity Diameter Height Weather Stripping or Flashing a. Are all pieces tight against shell? b. Are any pieces missing or (F hoto No. ) require repairs? How many? Hoses & Piping a. General appearance of hoses b. Any Teaks? If so, explain._ c. Aboveground piping free of Teaks? Roof Ladder a. Does ladder appear to roll easily or need repairs? 4. Contamination a. Is roof free of oil and water? If not, indicate percent coverage of each liquid and depth at worst location on attached drawing. 5. Corrosion Control a. Note general appearance of paint on shell, roof, ladder and structural members: b. Is rusting or pitting occurring on any of the above? If yes, explain where and if repairs are needed immedia rely. Are all insulating flange washers and sleeves in place? If missing, cracked, or broken, explain where and repairs needed: d. Are all ground and/or anode straps in place? in r_. If missing or damaged, indicate location on drawirq andexplain repairs needed: 6. Are high-level alarms tunctioning properly? Tested to verity? 7. Other Observations a. Note anything that might affect smooth movement of roof and any problem that would allow escape of vapors or air pollution: Show any damaged areas or problem areas (on tanks with floating roof, show location and size of any gaps in seal) on attached drawing. Remote and side gauges working Feet Tank Ins +c on Report sprat ataxia t n. onthly Fad nspeci n Repo and Check! FACILITY INSPECTION CHECKLIST Date: Time: 1 Inspector: ©raf nags Any noticeable oil sheen on runoff. Containment area drainage valves are closed and locked. No visible oil sheen in containment area. No standing water in containment area. N effnes No signs of corrosion damage to pipeline or supports. Buried pipelines are not exposed. Out -of -service pipes capped. Signs/barriers to protect pipelines from vehicles are in place. No Teaks at valves, flanged, or other fittings. Security Fence and gates intact. Gates have locks. ASTs locked when not in use. Starter controls for pumps locked when not in use. Lighting is working properly. Remarks/Recomrnendations: ASTs X=Satisfactory NA=Not Applicable a=Repair or Adjustment Required C=See comment under Remarks/Recommendations Tank surfaces checked for signs of leakage. Tank condition good (no rusting, corrosion, pitting). Bolts, rivets, or seams are not damaged. Tank foundation intact, Level gauges and alarms working properly. Vents are not obstructed. Valves, flanges, and gaskets are free from leaks. Containment walls are intact. Truck Laading/Uniaadinq Area No standing water Tram inq No Teaks in hoses. Drip pans not overflowing. Catch basins free of contamination. Containment curbing or trenches intact. Connections are capped or blank - flanged. Spill prevention briefing held. Training records are in order. FAX Date: 4e, To: Perry Wyatt Fax Number: 336-771-4631 NCDENR North Carolina Department of Environment and Natural Resources Mooresville Regional Office 919 North Main Street Mooresville, North Carolina 281 5 Phone; 704/663-1699 Fax; 704/663-6040 From: Ellen Huffman Div/Section: Water Quality Number of pages (Ind, cvr) 5 Message: Please look at the analyses of these fields (attached). They have been used as land application fields for Tyson for several years. Last year Tyson aquired another NOVNRE for over application. It is my wish to get this farm out of the program all together. Tyson is soon to be in "dire need" and is looking to ke-apply on this farm again but, only with my blessing. I am concerned with soluable salts among other things. I would appreciate you knowledgable opinion. You can e-mail me your review if you like! Thank you very much! For more information, visit the DENR web page at www.enr.state,nc.us 10/02/00 1 a 1 ID DV RES Ilea I I Mau Hrow Soluble sal1stI pile Paw (0) 3 0 I F eluding v hee REPORT IMUMQER R271-060 r A&L EASTERN AGRICULTURAL LABORATORIES, NC. 7621 Wihitepine Road • Richmond, Virginia 23237 • (8041 74.3-9401 , Fax Na. (804) 271-6446 SEND TO, Et1A RESOURCES INC 615 IJAME5 CHURCH RV MOCKSVILLE NC 27028 DATE of REPC R» 09/23/ 2000 PAGE GR,R DR RICHARD ADAMS SOIL ANALYSIS REPORT DATE OF ANALYSIS 09/27/2000 Y P1 BRAY N1 11990 6.4 140 H 56 VH 79 VN 225 L 482 V 2700 FI N2 1199I 5.9 140 H 59 V V 96 103 L 437 if 2200 M P1 11992 " 4.5 122 55 V 84 'V 79 L 370 V 1600 M P2 11993 4.0 1C7 92 VIA 137 VH 124 M 442 VH 2200 IH C1 11994 3.3 10 51 V4-, 66 VH 183 VF 140 VH 30 M NI r2 P1 P2 K . 1_ 20.2 67.E 1.5 6 1. 7 2. 20. 24.0 62. 22. 65.q Values on this report resttt plant available nutil Explanation of syrrrrls: Values are expressed as % (percent). ppm (parts Rating after each value: VL (Very Low). L r,Low), M (Medium), H (High), VH (Very High)_ ENR - Estimated Nitrogen Release. C.E.C. -Cation Exchange Capacity. 1'a convert to 1bsiA, multiply the results iri pprn by 2. Ca -to, 4+.... 4_..1. .ta aLa� ___ . . _. or IbsI4 (p runcls per acre). 71 "L) d5r. 6.75 1. I9.9 I' I 07 L 6.1 6.17.8 45 VL 6.3 6.7 ' 1 . 12. 05 L 6.7 6.6i l? . 1 6. 2' 20 VL 4.9 6.7 1..6 6.8 .6 N .2 .0 0,9 1p :lye sample's' 1eCeC n is xe -e3 ays at,e. 7asuag. Sa A - laa -.Carve: r • AGRICULTURAL lABOSIATOR1ES, VNC. SI-BM ACCT t 46245 MIKE CCLL 11 S ry m DATE RECEIVED 09/26/2000 rn cn .ART NUMBER R2.71-060 A&L EASTERN AGRICULTURAL LABORATORIES, INC. 521 Whitepine Road • Richmond, Virginia 23237 • (804) 743-9401 Fax No. (804) 271-6445 EMA RESOURCES INC 618 IJAMES CHURCH R1D MOC4CSVILLE MC 27028 4AtEC1F fEPOF - 09/28/2000 P,4uw 2 G2 G3 G4 G5 6 G3 G4 G5 G5 DR RI HAPO ADAMS SOIL A IJi LYSIS REPORT 11995 3.4 109H 'S1 V S8 M 11996 3.5 108M 22 M 28 M 11997 3.4 105 21. M 26 M 11998 3.7 110 23 M 26 M 11999 4.9 331a 21 f4 G 28 t*1 2.0 1©. 2.1 11. 24. 41.3 1.; 43. 41.9 1. 43:.9 41.1 0. 43.9 48. 1.. 31 . C Values on tilts report represent the pt t avail ! n Explanation of symbols: Values are expressed as % (percent), ppm pars per rrrdilir n), Pr lbs/A Raking atter each value: VL (Very Low), L (Low), M Medium), tt (Hi g ). ''H (Very' High), ENR - Estimated Nitrogen Release. C.E.C. - Cation Exchange Capacity. Ta convert to Itcs/A, mut;ipJy the results in ppm by 2 See the beck of *is report for conversion factors and mire detailed information.. DATE RE DATE OF AZ CT # 46245 O1..l.1 NS 09J26/2004 09/ 27/ 2000 166 V"il 130 it 660 M 19 VL 4.8 6.77" 1...: 6. 99 M 111 M 1 720 L '' 25 V 4,9 6.5 3.8 8.' 93 M 113 M I 760 L 1 24 VL, 4.9 6.5 4.: 9.1 105 M 132 M 800 L 17 VI 4.`! 6.5q 4 9. 142 H /94 V 1t il€1 L 1 V 5. 6.6 3 IC. 0.9 t3 8 l 0.8 10.8L 1.1 T'nrs app®Bs 4n 7* Sr rams. [eve c Sa ipus a P, rFwrop; a Sys a•nr xn 1 . Sai ArRrr wr s•P7 sha s>- ti'TORIES. INC, „Pi T NUMBE R R271-060 A&L EASTERN AGRICULTURAL LABORATORIES, INC. 7621 Whitepine Road • Ricirirnorld, Virginia 23237*(804) 743-9401 Fax No. (804) 271-6446 SEND Tc. EMA RESOURCES INC 618 IJAMES CHURCH RD M0CK5VILLE NC 27028 CATEOFREPCM C9/28/2000 p 3 2 2 01 12002 12003 12004 4.1 113E 25 M 4.5 1H1 20 111 3.9 ii4f 14 1 6.0 140 116 VH 4. 7 124 79 VH C1 2.3 17.6 41. 0 7 37. El 1. 11 , 7 31.E 54. E2 1.3 17_1 46.9 1.2 34.1 K1 1 8.4 13.11 40.3 0.9 37. K2 21. 4 56..10. Values on this report represent the p ant available nutrients in t e soU. Explanation of symbols: Values are expressed as % (percent). ppm (parts per million), or lbsiA (pouncts per acre). Rating after each value: VL (Very Low), L (Low), M (Medium), t-I (High}, VH (Very High). ENR - Estimated Nitrogen Release C.E.C. - Cation Exchange Capacity. To convert to lbs/A, motto!), the results in ppm by 2. See the back of this report for conversion factors and more detailed information. WE, DR RICHARD ADAMS SOIL ANALYSIS REPORT 29 26 M 19 L 172 V 99 V 119 M 74 L 49 VI, 316 vFj 121 M ! 277 VH 184 H 196 V 152 H 373 :GT 00'30/0T ACCT * 46245 S "..1i' ITT ED MIKE COLLINS rn DATE RECEIVED 09/26/2000 DATE OF ANALYSIS 09/27/2000 1100 1 20 VL 830 LJ 28 V 870 L 27 VL 780 I 13 VI. 1600 M 20 VL. 6.44 6.21 6. 611 6.5 6. 6 RoVE'rrustmAkft Tftz ratPc=1 49V ti 3_ 9.7 2.7 14. CL gra RATE RATE Leslac" Somp.r$ Erg rurcirrut a tr te‘tog Sad Ana Fps p.npa'ad A 1:IAL LIEWRATORI ES,,, NC. -71 AiT NUMB ri FR271- 0 60 SEND Ta L/A-1 or REPORT 2 2 tr" A&L EASTERN AGRICULTURAL LABORATORIES, INC. 7621 Whitepine Road . Richmond, Virginia 23237 . (604) 743-9401 Fax No, (804) 271-6446 EMA RESOURCES INC 618 LIAMES CHURCH RD MOCKSVILLE NC 27028 0 0 P A GE 120LE 12007 12008 12009 11 27. 0,8 3.d 14.9 42.7 1.7i 37.d 2 4.2 17.2 65.5 1.41 12.1 values on this repot represent the plant available nutrients i'xpanation of syrribols. Values are expressed as % (pencent) ppm (parts per miiton) Dr rbs/A (pounds per acre) lating after each va1cre: VL (Ve Low), L (Low), NI (Medium), H (High). Vl-f (Very Highr), :NR - Estimated tridrogen Release. C.E.C. - Cation Exchange Capacity. o convert to ibsiA, multiply the results in ppm by 2, ee the back of this report for conversion factors and rnrw 3.4 96tit 3.4 94fJ 4.4 4.7 131H 67 vd 22 M 42 V*- 46 GR.6=R: DR RICHARD ADAMS SOIL ANALYSIS REPORT 89 VH 30 M 59 H 70 VI 83 1_ 55 V 166 H 150 H mp_Es AP. A CCT 46245 MIKE COLLINS DATE RECEIVED 09/2612000 DATE OF ANALYSIS 09/27/2000 NA RATE 502 VI.' 1700 M f /08 L 605 V 1800 75 L 252 1200 L 1 56 VL 189 VH 1200 MI 22 Vj 6.1 5 . 6. 6.75 6.70 6.40 6.8121 15.2 2.3 16.& 5.1 14.IY IA" 9. RATE PPM r1.3 rovz rraveW to :So sarkodels leszt: SA,Itz-rfS ?tit '403."e0 3 di:o 310r telOr.: 44,-,,hrss :Npuire,5 gi, AL OgrNrCIRESA.K.. rn ni (.6 -11 -X Lab Data Subject: Lab Data Date: Mon, 20 Nov 2000 14:26:15 -0500 From: Perry Wyatt Organization: NC DENR Soil and Water Conservation To: Ellen fIutTinan Upon reviewing the lab data the saleable salts are approaching levels that will cause yield reductions on crops such as corn and soybeans. As salt concentrations in the soil increase plants must exert increasingly mere effort to extract water. Saleable salts slso have the potential 1 destroy the soils structure and. reduce water infiltration. Yields began. to decline whon scluable salt levels are at 1.5 (ECe Concentration, mmgosEcm), this is assuming that average moisture conditions are maintained throughout the grouting season. If moisture conditions. are lower, salt concentration inctv'eases along with salt injury. On average, salt concentration doubles as the soil dries from saturation to field capacity. It doubles again as it dries to wilting point. As you can see from the test results. Fields NliN2,P2,Q1, and 111 are already above 1.5 while the other fields are approaohing 1.5. I would suggest that applications to all of these fields be halted before futher damage to crop pro uc ion an sol s ructure can occur. 1 of 1 1/20/2000 2:2g PM North Carolina Department of Environment and Natural Mooresville Reoional Office 19 North Main Street Mooresvill , Notin Carolina28116 Phone; 169 From: Dig/Section: Number r r) 11229400 16 :24 ID :Ern RES FAX : 3364926394 PAGE SMA Furs, Inc 61g Iikimm. Citottli 210211 3364444J ig1.1 F44 336.461,6104 L:1en 1 tu FaX 704.663.6040 Erik Riankotship Tan poivry Ktiwttge CC: , DaW: Crn wiy qt unti i 11 /201()0 „ I am in the sure 1 be Ott aging a tfec tar*, are gating 4t * 0 re 4= e 3 °OO 1 :24 ID:EMA RES. FPIX :33A4 Novern29, 204)0 Ulm fi. ttuffrna.n 1: nvironntentai Toy. Mooresville Regional t Division of Water Qual N('l)F.N Ft Dear f Ilan; y --Rom `t"s. Inc. As you know, I.MA Resources, lnc. hat l ra ttaratrttcfed by ``yso►n Foods. Inc. to provide the "furn-key„ management of the land application program at the llttrn ony, NC tactility ( permit It Wt)00O0701), As part of this projrarn, I MA Resources, lnc. hrot po«rm+tte l t►n estimated 1,750 acres of agricultural land in Montgomery County to be utilized in they land application program. The purpose ofthis letter is to request permission to uti line a 20,000 gallon mahlle frac tatak as "temporary " storage and staging area in the field, when land applying on these sites. Duo to the fact the application sites are an estimated 00-100 miles from the facility, the transportation time front the facility to It will be. from 1.5 to 2 hours The 20,000 gallon frac tank will be used primarily fir instances when weather conditions change while the transportation equipment is en -route causing the land application event to he delayed. We would like to have the flexibility to unload the biosolids into the frac tank, as opposed to sending the equipment back to the plant, fully loaded. Also, from a prnd a ion and efficiency standpoint, we would like to he attic in unload the final loads of the day into the frac tank, tirr the next morning we cnn land apply the biosolids from the fruc funk while than first loads of the day are en - The trac tank will k be testa n a level iced and in. ell within t titre that no it:Antic, will uccttr. The frac he site. Please revlava° this information and contact our office wish any tit estiotts, cointue inlin mratinT1. if this information is satislit+:try, and upt:n approval, please provide l-hank you for your consideration, Sincerely, t,ritt Blankenship itsidcnt (.104 2•63U5 - P :r1. 3,41.492.G094 li�srs o r w ;ad °� h1� K.:knYith', N(' 27028 ar trtyuire approval in %wiling. • State of North Carolina Department of Environment and Natural Resources Division of Water Quality u. James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Lawrence R. 'Sampson, Jr., Project Engineer Tyson Foods, Inc. Post Office Box 88 Wilkesboro, North Carolina 28697 Dear Mr. Sampson March 31, 1998 mil► _ �■► NCDENR NORTH DAR©LIMA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SECEIVEa APRc e t Subject: Permit No. WQ0000701 Tyson Foods, Inc. Land Application of Wastewater Residuals Wilkes County In accordance with the correction request received on March 25, 1998, we are forwarding herewith Permit No. WQ000070I as corrected, dated March 3I, 1998, to the Tyson Foods, Inc. for the continued operation of a wastewater residuals land application program. This permit is being corrected to delete the TCLP analysis from the subject permit. Originally required annually, the TCLP was reduced to once per permit cycle, however, the Division has now deleted this requirement altogether. This permit shall be effective from the date of issuance until April 30, 2000, shall void Permit No. WQ0000701 issued March 5, 1998, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 2761 1 -7447. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, p 733-5083 extension 547. cc: Alexander, Davie, Rowan, Yadkin, and Wilkes County Terra Renewal Services, Inc. Mooresville Regional Office, Water Quality Section Mooresville Regional Office, Groundwater Section Winston-Salem Regional Office, Water Quality Section Winston-Salem Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Technical Assistance and Certification Unit (no revised rating) Non -Discharge Cornpliance/Enforcement Unit Pp Box 29535, Raleigh, North Carolina 2.7626-0535 An Equal Opportunity Affirmative Action Employer Telephone (91 ) 7 3 5©83 Fax p 33-( 719 50% recycled/1 0� posl•consumer mer paper ichael D. Allen at (919) A, Preston Howard, r., P.E. h Departments NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH RESIDUALS LAND APILICATION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Tyson Foods, Inc. Wilkes County FOR THE operation of a wastewater residuals land application program consisting of the application of 4,071 dry tons per year of residuals from the sources listed in Condition II 5, to approximately 2,270 acres of land in Alexander, Davie, Rowan, Yadkin, and Wilkes Counties with no discharge of wastes to the surface waters, pursuant to the correction request received on March 25, 1998, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until April 30, 2000, shall void Permit No. WQ0000701 issued March 5, 1998, and shall be subject to the following specified conditions and limitations: 1. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this program. 0!ICESTANDARDS The Mooresville Regional Office (for all new sites located in Alexander County), telephone number (704) 663-1699, or the Winston-Salem Regional Office (for all new sites located in Wilkes County), telephone number (910) 771-4600, and the appropriate local governmental official (county manager/city manager) shall be notified at least twenty-four (24) hours prior to the initial application of the residuals to a site so that an inspection can be made of the application sites and application method. Such notification to the regional supervisor shall be made during the normal office hours from 13:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. In addition, the Alexander and Wilkes County Manager's office must be notified prior to the initial application so that they will be aware that the operation has commenced. 2. This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be rescinded unless the sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. The land application program shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. )• in tne event mat the land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and take any immediate corrective actions as may be required by the Division of Water Quality (Division). 6, Some of the buffers specified below may not have been included in previous permits for this land application operation. However, any sites or fields that are included in this permit, but were approved with different applicable buffers shall be reflagged to comply with the below buffers. The following buffer zones shall be maintained: a) 400 feet from residences or places of public assembly under separate ownership for surface application method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate regional office, b) 200 feet from residences or places of public assembly under separate ownership for subsurface residual injection method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate regional office, c) 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of drinking water for both methods, d) 100 feet from any streams classified as WS or 13, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application, e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application, f) 50 feet from property lines for both surface and subsurface application methods; g) 50 feet from public right of ways for both application methods, h) 10 feet from upslope interceptor drains and surface water diversions for both application methods, i) 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods, j) WO feet from rock outcrops. 7. A copy of this permit shall be maintained at the land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. Specific residual application area boundaries shall be clearly marked on each site prior to and during application, 9. No residuals at any time shall be stored at any application site, unless approval has been requested and obtained from the Division. 10. Maximum slope for residual application shall be 10% for surface application and subsurface applications, When wastewater residuals containing a contribution from domestic wastewater are applied, the Class 13 pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II shall be met Additionally, an evaluation must be performed which demonstrates the residuals ability to comply with this requirement. Upon request, a copy of this evaluation must be submitted including all test results and calculations. I 2. in order to reduce potential odor problems created by the land application of materials from the animal processing facilities, sufficient lime will be added to the residuals to create a uniforrn mixture and achieve a pH of 10 for thirty minutes prior to injection into the soil. Ti ON CE The facilities and application sites shall be properly rnaintajned and operated at all times. 2 2. A suitable vegetative cover, as listed in condition II 4, shall be maintained in accordance with the crop management plan outlined by the local Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or other agronornist, and approved by this Division. An acceptable pH must be maintained in the soil, residual and lime mixture, greater than 6.0, on all land application sites to insure optimum yield for the crop(s) specified below, The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4. The application rates shall not exceed the following for the specified crops: Cr Alfalfa Bermuda Grass (Hay, Pasture) Blue Grass Corn (Grain) Corn (Silage) Cotton Fescue b./acre/yr.) Crop 200 220 120 160 200 70 250 Forest (Hardwood & Softwood) Milo Small Grain (Wheat, barley, oats) Sorghum, Sudex (Pasture) Sorghum, Sudex (Silage) Soybeans Timothy, Orchard, & Rye Grass lb 75 100 100 180 220 200 200 No residuals other than the following are hereby approved for land application in accordance with this permit: Source Harmony Plant; DAF, Stickwater, CL Wilkesboro Plant; DAF Case Farms Facility; DAF Townsend Foods, Inc. Permit Volume County Number (dry tons/year) lredell NC0005126 2,250 Wilkes Town of Wilkesboro included Above Pretreatment No. 1003-1 Burke WQ0007511 1,064 Chatham NC0026441 757 6. The lifetime heavy metal loadings (lbs./acre) shall not exceed the following for the corresponding Cation Exchange Capacities (CEC): Parameter Lead Zinc Copper Nickel Cadmium CEC < 5 500 250 125 125 4.5 CEC 5 to 15 1000 500 250 250 9 CEC > 15 2000 1000 500 500 18 7. Upon classification of the facility by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified land application/residuals operator to be in responsible charge (ORC) of the land application program. The operator must hold a certificate of the type classification assigned to the land application program by the WPCSOCC. The Permittee must also employ a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8A .0202. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. 9. Surface applied residuals will be plowed or disced within twenty-four (24) hours after application on lands with no cover crop established. 10. For areas that are prone to flooding or within the 100-year flood elevation, residuals may be applied only during periods of dry weather. The residuals must be incorporated into the soil within twenty-four (24) hours after application. 3 11. Appropriate measures must be taken to control public access to the land application sites during active site use and for the 12-month period following the last residual application event. Such controls may include the posting of signs indicating the activities being conducted at each site, 12. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. 13. Residuals shall not be applied in inclement weather or until 24 hours following a rainfall event of 1/2- inch or greater in 24 hours. Any emergency residuals disposal measures must first be approved by the Division. 14. Residuals shall not be applied to any land application site that is flooded, frozen or snow-covered. 15. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division. 16. Animals shall not be grazed on an application site for 30 days after residuals application. Application sites that are to be used for grazing shall have fencing that will be used to prevent access after each application. 17, Food crops, feed crops and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after residuals application. 18. Food crops with harvested parts that touch the residual/sail rnxture and are totally above the land surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after residuals application. 19. Food crops with harvested parts below the surface of the land (root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals remain on the land surface for four (4) months or longer prior to incorporation into the soil. 10 Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of residuals when the residuals remain on the land surface for less than four (4) months prior to incorporation into the soil. 21 Turf shall not be harvested for 1 year after residuals application if the turf is to be placed on land with a high potential for public exposure M. NPORTING REQUflt Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to insure protection of the environment will be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall be maintained by the Permittee tracking all application activities. These records shall include, but are not necessarily limited to the following information: a. source of residuals b. date of residual application c. location of residual application (site, field, or zone #) d, method of application e. weather conditions (sunny, cloudy, raining, etc.) f soil conditions g. type of crop or crops to be grown on field h. volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare (continued on next page) 4 i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to cadmium, copper, lead, nickel, and zinc), annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus applied to each field. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each site receiving residuals in the respective calendar year and the results maintained on file by the Permittee for a minimum of five years, The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Calcium Copper Magnesium Cation Exchange Capacity Manganese Percent Burnie Matter pH Phosphorus Potassium Sodium Zinc Base Saturation (by calculation) 4. A residuals analysis will be conducted annually from the date of permit issuance by the Permittee and the results maintained on file by the Permittee for a minimum of five years. If land application occurs at a frequency less than annually, a residuals analysis will be required for each instance of land application. The residuals analysis shall include but is not necessarily limited to the following parameters: Aluminum Magnesium PH Sodium Ammonia -Nitrogen Calcium Nitrate -Nitrite Nitrogen % Total Solids Phosphorus Potassium TKN Plant Available Nitrogen (by calculation) In addition to the above, the following pollutants shall be tested in each residual once prior to rene a!: Cadmium Lead Nickel Copper Zinc All residuals included in this permit must be monitored annually from the date of permit issuance, for compliance with condition I 11 and/or 12 of this permit (if necessary), Data to verify stabilization of the residuals must be maintained by the Perrnittee. The required data is specific to the stabilization process utilized, but should be sufficient to clearly demonstrate compliance the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix 11. 6. Three copies of all required monitoring and reporting requirements as specified in conditions 111 1, 2, III 3, In 4, and III 5 shall be submitted annually on or before March 1 of the following year to LU the following address: NC Division of Water Quality Water Quality Section Non -Discharge Compliance/Enforcement Unit Post Office Box 29535 Raleigh, North Carolina 27626-0535 7, Noncompliance Notification: The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number (910) 771-4600, for sites located in Davie, Yadkin, and Wilkes Counties, and the Mooresville Regional Office, telephone number (704) 663-1699, for sites located in Alexander and Rowan Counties, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: Any occurrence with the land application program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. c. Any time that self -monitoring inforrnation indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system transporting residuals to the application site. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence, This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. .1 GRO1UNDWATER TS' The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215,6A(a)(1). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee, 2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 3 No land application of waste activities shall be undertaken when the seasonal high water table is less than three feet below land surface. V. INSPECTIONS 1. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the application site or facility at any reasonable tirne for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. 6 2. The Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. VI. GENERAL CONDITIONS 1 This permit shall become voidable unless the land application activities are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by this Division. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. This permit is not automatically transferable, In the event that there is a desire for the facilities to change ownership or a name change of the Permirtee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 4. The following are approved sites for residuals application ( Site AL 1-01 AL 1-02 AL 1-03R AL 1-04 AL 2-01 AL 2-02 AL 2-03 AL 3-01 AL 3-02 AL 3-03 AL 3-04 b AL 3-05 b AL 3-06 b AL 3-07 AL 3-08 AL 3-09 AL 3-10b AL 3-11arb AL3-I2b AL 3-13b AL 3-14 AL 3-15 AL 3-16 AL 3-17 AL 3-18 Owner/Lessee Alexander County John Henry Barnes John Henry Barnes John Henry Barnes John Henry Barnes Michael Bowles Michael Bowles Michael Bowles Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers Vaughn Rogers ched map[s]): Application Area [acres] (excluding buffers 8.5 9.8 16.5 15.5 16.0 5.5 10.1 17,4 23.2 38.8 13.2 12,8 18.3 14.1 10.1 4.6 18,0 12.9 29.4 18.6 29.9 8,0 10.8 29.9 30.6 7 TOTAL ACRES IN COUNTY 422.5 ite No. Owner/Less Davie County HD-01 Herbert Dooley HD-02 Herbert Dooley GD-01 Gregg Dooley TOTAL ACRES IN COUNTY Rowan County Application Area Fa excludM 38.9 18.7 25.9 83.5 B Dr. Richard Adams 25.0 Dr. Richard Adams 15.0 E Dr. Richard Adams 30.0 Dr. Richard Adams 60.0 K Dr. Richard Adarns 60.0 Dr. Richard Adams 150.0 N Dr. Richard Adams 30.0 Dr. Richard Adams 95.0 Q Dr, Richard Adams 80.0 R. Dr. Richard Adams 25.0 W Dr. Richard Adams 30.0 TOTAL ACRES IN COUNTY 600.0 Wilkes County WK 1-01 Diana Pardue Mathis WK 2-01 Dallas Hudspeth WK 2-02 Dallas Hudspeth WK 2-03 Tim Hudspeth WK 3-02 Donald and Mae Duncan WK 4-0/ c Donald Duncan TOTAL ACRES N COUNTY YK 1-01 YK 1-02 YK 1-03 YK 1-05 YK 1-06 YK 1-07 YK 1-08 YK 1-09 YK 1-10 YK 1-11 YK 1-12 YK 1-13 YK 1-14 YK 1-15 YK I-16 YK 1-17 YK 1-18 Yadkin County Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain 64.36 39.05 14.34 64.90 51.70 38.80 273.15 40.68 49.91 16.16 18.17 44.02 86.80 19.46 12.34 9.40 61.65 25.10 4.19 7.35 30.62 13.16 6.48 13.69 8 (Continued on next page) Siie No. YK 1-19 YK 1-20 YK 1-21 YK 1-22 YK 1-23 YK 1-24 YK 1-25 YK 1-26 YK 2-01 YK 2-02 YK 2-03 YK 2-04 YK 2-05 YK 2-06 YK 2-07 YK 2-08 YK 2-09 YK 2-10 YK 2-11 YK 2-12 YK 5-01 YK 5-02 YK 5-03 OwnerfLessee Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain Lenuel Chamberlain LenuelCha.mberlain Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Thomas Peachey Ronald C. Howard Claude and Ralph Howard John K. Howard TOTAL ACRES IN COUNTY TOTAL AVAILABLE ACRES Application Area [acres] x ludin buffcrs) 24.36 13.64 12.93 6.35 47.38 8.56 21.95 5.34 8.09 24.23 26.07 32.11 5.66 35.04 13.73 37.03 10.73 10.05 8.00 11.22 7.00 26.20 36.00 890.85 2,270.00 This land application site is partially covered in soils having a seasonal high water table at depths ranging from zero to three feet below land surface. No residuals shall be applied to this field during the period from November through April, inclusive, unless augering on the site verifies that the apparent water table is greater than three feet below land surface, ° Approval must be obtained from the Mooresville Regional Office, telephone number (704)663-1699, prior to beginning land application operations on this field. This field has slopes up to 18% therefore, all residuals must be injected. In addition, this field must be monitored closely to ensure that no runoff OCCUTS. 5 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 6. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 211.0205 (cX4). 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction 9 , The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension, Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period oftime and under such conditions and limitations as it may deem appropriate, 9. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to adequately protect the environment and public health. 10, This permit shall become voidable unless the agreements between the Perrnittee and the landowners/lessees are in full force and effect The land owner a ernents are considered expi concurrent with the expiration date of the permit and must be renewed at the same time the permit is renewed, Permit issued this the thirty-first day ofNb h, 1998 NORTH C#OUNA JV1* •N)IENTAL N AGEMENT COMMISSION Preston Howard, Jr,, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission it Number WQ0000701 10 State of North Carolina. Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr,, P,E., Director March 5, 1998 0 1998 Mr. Lawrence R. Satx pson, Jr., Project Engineer Tyson Foods, Inc. 1600 River Road, Post Office Box 88 Wilkesboro, North Carolina 28697 Subject: Permit No. WQ0000701 Tyson Foods, Inc. Harmony Facility, Wilkesboro Facility. Case Farms Facility (Formerly Breeden Holdings), Townsend Foods, Inc. (Chatham County) Land Application of Wastewater Residuals Wilkes County °,, Dear i° 1r. Sampson: In accordance with the amendment request received on November 19, 1997, we are forwarding. herewith Permit No. WQ0000701 as amended, dated March 5, 1998, to Tyson Foods, Inc. for the continued operation of a wastewater residuals land application program, This permit is being amended as requested to incorporate an additional 461.0 acres of land in Alexander and Wilkes Counties into the existing land application permit, to delete several previously approved land application sites in Rowan County, and to allow the residuals generated by the Townsend Foods, Inc. facility in. Siler City to be transported to the Harmony Plant and land applied with the stickwater and residuals generated by that facility. Pease he advised, several of the Vaugh Rogers fields, AL 3-01 thru AL 3-05 and AL 3-15 thru AL 3-18, were previously approved to receive residuals from the Town of Tayl.orsviile under land application Permit No. WQ0006906. The Town of Taylorsville permit will be administratively amended to delete the fields in question. Tyson Foods must ensure that no additional residuals are applied to these fields from the Town of Tavlorsville. In addition, please be advised that a 100 foot buffer must be n Maintained between land application areas and any rock outcrop. This permit shall be effective from the date of issuance until. April 30, 2000, shall void Permit No. WQ000070] issued September 26, 1997, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish an adequate system. for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request in adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consurner paper you need additional i (1r,) 3 -5083 extension: 47. n nonceconcerning this t att r, please ntact Mr Michael D. Allen at :Sinecr Preston 1-lor°ard, ', . cc: Alexander, Davie, Row 2, '"adki.n, and Mlles County llcalth lea to cents Terra Renewal Services, Inc. Mooresville Regional Office, Water Quality section Mooresville Regional Office, Groundwater Section Kinston -Sala- Regional Office, Water Quality Section Winston-Salem Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Technical Assistance and Certification Unit (no re rating; Non-DischargeCompliance/Enforcement Unit NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH RESIDUALS LAND APPLICATION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Tyson Foods, Inc. WilkesCounty FOR THE operation of a wastewater residuals land application program consisting of the application of 4,071 dry tons per year of residuals from the sources listed in Condition II 5, to approximately 2,270 acres of land in Alexander, Davie, Rowan, Yadkin, and Wilkes Counties with no discharge of wastes to the surface waters, pursuant to the amendment request received on November 19, 1997, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This peer it shall be effective from the date of issuance until April 30,, 2000„ shall void Permit No. WQ0000701 issued September 26, 1997, and shall be subject to the following specified conditions and limitations: PERFORMANCE STANDARDS The Mooresville Regional Office (for all new sites located in Alexander County), telephone number (704) 663-1699, or the Winston-Salem Regional Office (for all new sites located in Wilkes County), telephone number (910) 771-4600, and the appropriate local overnrnental official (county manager/city manager) shall be notified at least twenty-four (24) hours prior to the initial application of the residuals to a site so that an inspection can be made of the application sites and applicationmethod. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. In addition, the Alexander and Wilkes County Manager's office must be notified prior to the initial application so that they will be aware that the operation has commenced. This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be rescinded unless the sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. The land application program shall be effectively maintained ;and operated as a non - discharge system to prevent the discharge of any wastes resulting from the operation of this program. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for dar xrages to surface- or groundwaters resulting from the operation of this program. 5. In the event that the land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and take any immediate corrective actions as may be required by the Division of Water Quality (Division). 6. Some of the buffers specified below may not have been included in previous permits for is land application operation. However, any sites or fields that are included in this permit. but were approved with different applicable buffers shall be reflagged to comply with the below buffers. The following buffer zones shall be maintained: a) 400 feet from residences or places of public assembly under separate ownership for surface application method; however, •the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate regional office,. b) 200 feet from residences or places of public assembly under separate ownership for subsurface residual injection method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate regional office,. c) 100 feet from any pub]ic or private water supply source, waters classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of drinking water for both methods, d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application, e) 50 feet from any streams classified as WS or B. any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application, f) 50 feet from property lines for both surface and subsurface application methods.. g) 50 feet from public right of ways for both application methods, h) 10 feet from upslope interceptor drains and surface water diversions for both application methods, i) 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods. 1 U0 feet from rock outcrops, 7 A copy of this permit shall be maintained at the land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles.. S. Specific residual application area boundaries shall be clearly marked on each site prior to and during application. 9. No residuals at any time shall be stored at any° application site, unless approval has been. requested and obtained from the Division. 10. Maximum slope for residual application shall be 10% for surface application and 18 subsurface applications. When wastewater residuals containing a contribution from domestic wastewater are applied, the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix. II shall be naet. Additionally, an evaluation must be performed which demonstrates the residuals ability to comply with this requirement. Upon request, a copy of this evaluation must be submitted including all test results and calculations. 12. In order to reduce potential odor problems created hy the land application of materials from the animal processing facilities, sufficient lime will be added to the residuals to create a uniform mixture and achieve a pH of 10 for thirty minutes prior to injection into the soil. II. OPERATION AND MAINTENANCE REQUIREMENTS 1 The facilities and application sites shall be properly maintained and operated at all tunes. 2. A suitable vegetative cover, as listed in condition II 4, shall be maintained in accordance with the crop management plan outlined by the local Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or other agronomist, and approved by this Division. An acceptable pH must be maintained in the soil, residual and lime mixture, greater than 6.0, on all land application sites to insure optimum yield for the crop(s) specified below. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4. The application rates shall not exceed the following for the specified crops:. Crop PAN (lb./acre/yr.) Alfalfa Bermuda Grass (Hay. Pasture) Blue Grass Corn (Grain) Corn (Silage) Cotton Fescue Forest (Hardwood & Softwood) Milo Small Grain (Wheat, barley, oats) Sorghum, Sudex (Pasture) Sorghum., Sudex (Silage) Soybeans Timothy, Orchard, & Rye Grass 5. No residuals other than the following accordance with this permit: Source County Harmony Plant Iredell DA.F, Stickwater, CL2 Wilkesboro Plant Wilkes DAF Case .Farms Facility DAF Burke Townsend Foods, Inc. Chatham 200 220 120 160 200 70 250 75 100 100 180 220 200 200 are hereby approved for land application in Permit Number NC0005126 Town of Wilkesboro Pretreatment No. 1003-1. WQ000751.1 NC0026441 Volume (dry tons/year) 2,250 Included in Harmony Plant dry tons 1,064 757 6. The lifetime heavy metal loadings shall not exceed the following for the corresponding Cation Exchange Capacities (CEC): Lifetime Loadings_(lbslacre) Parameter CEC < 5 CEC 5 - 15 C.:EC > 15 Lead 500 1000 2000 Zinc 250 500 1000 Copper 125 250 500 Nickel 175. 250 500 Cadmium 4.5 9 18 7. Upon classification of the facility by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified land application/residuals operator to he in responsible charge (ORC) of the land application program. The operator must hold a certificate of the type classification assigned to the land application program by the WPCSOCC. The Permittee must also employ a certified back- up operator of the appropriate type to comply with the conditions of 15.A NCAC 8A .0202. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters, 9. Surface applied residuals will be plowed or disced within twenty-four (24) hours after application on lands with no cover crop established. O. For areas that are prone to flooding or within the 100-year flood elevation, residuals may be applied only during periods of dry weather. The residuals must. be incorporated into the soil within twenty-four (24) hours after application. 1„Appropriate measures must be taken to control public access to the land application sites. during active site use and for the 12-month period following the last residual application event. Such controls may include the posting of signs indicating the activities being conducted at each site, 12. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. 13, Residuals shall not be applied in inclement weather or until 24 hours' following a rainfall event of 112-inch or greater in 24 hours. Any emergency residuals disposal measures must first be approved hy the Division. 14. Residuals shall not be applied to any land application site that is flooded, frozen or'snow- covered. 15. Residuals shall not. be applied at rates greater than agronomic rates, unless authorized by the Division. 1.6. Animals shall not be grazed on an application site for 30 days after residuals application. Application sites that are to be used for grazing shall have fencing that wili be used to prevent access after each application, 17. Food crops, feed crops and fiber crops that do not comein contact, with the residuals shall not be harvested for 30 days after residuals application. 4 18. Food crops with harvested parts that touch the residual/soil mixture and are 'totally above the land. surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after residuals application. 19. Food crops with harvested pans below the surface of the land (root crops such as potatoes, cai rots. radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals remain on the land surface for four (4) months or longer prior to incorporation into the soil. 20, Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of residuals when the residuals remain on the land surface for less than four (4) months prior to incorporation into the sod. Turf shall not he harvested for 1 year after residuals application if the turf is to he placed on land with a high potential for public exposure. 111. MONITORING AND REPORTING REQUIREMENTS Any monitoring (including groundwater, surface water, residuals., soil,. or plant tissue analyses) deemed necessary by the Division to insure protection of the environment \kid be established and an acceptable sampling and reporting schedule shall be followed. Proper records shall be maintained by the Permittee tracking all application activities. These records shall include, but are not necessarilylimited to the following infomiation: ad. b. c. e, g., h source of residuals date of residual application. location of residual application site, field, or zone #.) method of application weather conditions (sunny, cloudy, raining, etc.) soil conditions type of crop or crops to he grown on field, volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to cadmium, copper, lead, nickel, and zinc), annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus applied to each field. 3, A representative annual soils analysis (Standard Soil .Fertility Analysis) shall be conducted on each site receiving residuals in the respective calendar year and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily' limited to, the following parameters: Acidity Calcium Copper Magnesium Base. Saturation (by calculation) Cation Exchange Capacity Manganese Percent Runde Matter PH Phosphorus Potassitun Sodium Zinc The Standard Soil Fertility Analysis (see above) and an analysis for the following pollutants shall be conducted once prior to permit renewal on soils from each site which has received residuals during the permit cycle. Cadiniurn Lead. 5 Nickel A resiiduals analysis Will be conducted annua.11y from the date of permit issuance by the. Permittee, and the results maintained on file by the Permittee for a minimum of five years, If land application occurs at a frequency less than annually, a residuals analysis will be required for each instance of land application, The residuals analysis shall include but is not necessarily limited to the following parameters: Nitrate -Nitrite Nitrogen Total Solids Phosphorus Potassium Sodium TKN In addition to the above, the fo to permit renewal: A To Permit the reG Cadmium Lead Zinc Magnesium pH Plant Available Nitrogen Ammonia -Nitrogen Calcium ing pollutants shall be teste Copper Nickel tion) each residual once prior ty Characteristics Leaching Procedure (TCLP) analysis shall he conducted by the. annually. The TCLP analysis shall include the following parameters (please note atory level in rngiL in parentheses): Arsenic (5.0) Benzene (0.5) Carbon tetrachloride (0.5) Chlorobenzene (100.0) Chromium (5.0) m-Cresol (200.0) Cresol (200.0) 1.4-Dichlorobenzene (7.5) I,1-Dichloroethylene (0,7) Endrin (0.02) Hexachlorobenzene (0.13) Hexachloroethane (3.0) I.,indane (0.4) Methoxychlor (10.0) Nitrobenzene (2.0) Pyridine (5.0) Silver (5.0) ToFxaphene (0.5) 2,4.5-Tr.ichlorophenol (400.0) 2.4,5-TP (Sthex) (1.0) Barium (101:i,.0) Cadmium (1.0) Chlordane (0,03) Chloroform (6.0) o-Cresol (200.0) p-Cresol (200.0) 2,4-D (10.0) 1,2-Dichloroethane (0.5) 2,4-Dinitrotoluene (0.13) Heptachlor (and its hydroxide) (0.008) Hexachloro-1 ,3-hutadiene (0.5) Lead (5.0) Mercury (0.2) Methyl ethyl ketone (200.0) Pentachlorophenol (1.00.0) Selenium (1.0) Tetrachloroethylene (0.7) Trichloroethylene (0.5) 2,4,6-Trichlorophenol Vinyl chloride (0.2) 6. All residuals included in this permit must be monitored annually from the date of permit issuance, for compliance with condition I 1 1 and/or 12 of this permit (if necessary). Data to verify stabilization of the residuals must be maintained by the Permittee, The required data is specific to the stabilization process utilized, but should be sufficient to clearly demonstrate compliance the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II. r, 7 Three copies of all required monitoring and reporting requirements as specified in conditions III L III 2, Hi 3, HI 4, III 5, and III 6 shall be submitted annually on or before March 1 of the following year to the following address: NC Division of Water Quality Water Quality Section Non -Discharge Compliance/Enforcement Unit Post Office Box 29535. Raleigh, North Carolina 27626-0.535 Noncompliance Notification: The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number (910) 771-4600, for sites located in Davie, Yadkin, and Wilkes Counties, and the Mooresville Regional Office, telephone number (704)663-1699, for sites located in Rowan County, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following.: a. Any occurrence with the land application program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material. to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations. of this permit or the parameters on which the system W as designed.. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable: of adequate residual treatment. e. Any spillage or discharge. from a vehicle or piping system transporting residuals to the application site. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS 1. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in .15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31. 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50. feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate rernediation action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(I). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remedial:ion action on the pall of the permittee. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. No land application of waste activities shall be undertaken when the seasonal high water table is less than three feet below land surface. INSPECTIONS . The Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent. malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human. 'health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be 'made available to the Division or other permitting authority, upon request. 2, Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the application site or facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS This permit shall become voidable unless the land application activities are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by this Division. 2 This permit is effective only with respect to the nature and volume of wastes described in the. application and other supporting data. 3. This permit is not automatically transferable. In the event that there is a desire for the facilities to change ownership or a name change of the 'Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentationfrom the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its 'merits and may or may not be approved. 4. The following are approved sites for residuals application (see attached map[s]): Application Area [acres] Site No. Owner/Lessee (excluding buffers) Alexander County AL 1-01. John Henry Barnes 8.5 AL 1-02 a,b John Henry Barnes 9,8 AL 1-03 b John Henry Barnes 16.5 AL 1-04 John Henry Barnes 15,5 AL 2-01 Michael Bowles 16.0 AL 2-02 Michael Bowles 5.5 AL 2-03 Michael Bowles 10, 1 Site No._ AL-1 AL -2 AL 3-03 AL -04 AL 3-05 c AL 3-06 AL -7 AL3-08 AL3-09 A.L. 3-10 c AL 3.11 a.,c AI 3-1. AL ;3-1 AL - 3 4 AL315 L 3-16 1 AL -18 TOTAL ACRES IN COUNTY Daie County Owner/Lessee Applc;t e clr�di Vaughn Rogers 17.4 Vaughn Rogers 23,2 Vaughn Rogers 38.8 Vaughn Rogers 13. `? Vaughn Rogers 12 Vaughn Rogers 18,3 Vaughn Rogers 14,1 Vaughn Rogers 10,1 Vaughn Rogers 4.6 Vaughn Rogers 18.0 Vaughn Rogers 12.9 Vaughn Rogers 29,4 Vaughn Rogers 18.6 Vaughn Rogers 29,9 Vaughn Rogers 8,0 Vaughn Rogers 10.8 Vaughn Rogers 29.9 Vaughn Rogers 30.6 422,5 H -t 1 Herbert Dooley 38,9 HD-02 ierbert Dooley 18.7 GD-01 Gregg Dooley 9 TOTAL ACRES IN CO T r' Rowan County R Dr. Richard Adar ns 25..0 C Dr, Richard Adams 15.0 L Dr. Richard Adams 30,0 Dr, Richard Adams 60.0 K Dr. Richard Adams 60.0 Dr. Richard Adams 150,0 Dr, Richard Adams 30.0 P Dr, Richard Adams. 95.0 Q r. Richard Adams 80.0 R D. Richard Adams 25.0 V Dr, Richard Adams 30.0 TOTAL ACRES,LN COUNTY 600.0 Wilkes County WIC -01 Diana Pardue Mathis WK 2-01 Dallas Hudspeth WK.. 2_0 . Dallas Hudspeth, WK -03 Tim Hudspeth 64.36 39.05 14.34 64.90 Application Area SiteNo. OwnertLes e (excluding buffer W;. 3-: Donald & Mae Duncan 51.70 WK 4-01 d Donald Duncan 3.0 TOTAL ACRES IN COUNTY 7 .15 Yadkin County YK. 1-01 Lenuel Chamberlain 40.68 YK. 1-02 Lenuel Chamberlain 49,91 YK 1-03 Lenuel Chamberlain 16.1 6 YK 1-05 Lenuel Charnberlai.n 18.177 YK 1-06 Lenuel Chamberlain 44.02 YK 1-07Lenuel Chamberlain 16.0 YK 1-08 Untie] Chamberlain I 9.46 YK 1-09 Lenuel Chamberlain 12.34 YK 1--10 Lenuel Chamberlain 9.40 YK. 1-11 Lenuel Chamberlain 61.65 YK 1-12 Lenuel Chamberlain .2 5.10 YK 1-13 Lenuel Chamberlain 19 YK 1-14 Lenuel Chamberlain 7.35 YK. 1-15 Ler uel Chamberlain„30.62 YK 1-16 I e uel Chamberlain 13.16 YK 1-17 Le uel Chamberlain 6.48 YK. 1-18 Lenuel Chamberlain 3.69 YK 1-19 Lenuel Chamberlain r14.3 0 YK 1-20 Lemuel Chamberlain 13.64 YK 1 '? 1 Lenucl Chamberlain I -.93 YK I Lenuel Chamberlain 6.35 YK 1- 3 Lenuel Chamberlain 47,38 YK 1-24 Lenuel Chamberlain 8.56 ' `°K 1-25 Lenuel Chamberlain 1.95 YK 1-26 nue] Chamberlain 5,34 YK 2-01 Thomas Peachey 8.09 YK. 2-02 Thomas Peachey. ;: 4,23 YK 2-03 Thomas Peachey 2.07 YK -04 Thomas Peachey 3.11 YK 2-05 Thomas Peachey 5.66 YK. -06 Thomas Peachey 5.04 YK 2-07 Thomas Peachey 13.73 YK 2-08 Thomas Peachey 37.03 YK 2-09 Thomas Peachey 10.73 YK 2-10 Thomas Peachey10.05 YK 2-11 Thomas Peachey 8.00 YK 2-12 Thomas Peachey 11. 2' YK 5-01 Ronald C, Howard 7.00 YK 5-0 Claude & Ralph Howard 26.20 YK 5-03 John K. Howard 36.00 TOTAL ACRES IN COUNTY 890.85 TOTAL AVAILABLE ACRES 2,2 0.00 b This land application site is partially covered in soils hawing a seasonal high water table at depths less than three feet below the land surface. Therefore, no residuals shall be applied to this field during the period from December through February, inclusive. Prior to land applying residuals at this site, the depth to the groundwater table must be verified by hand auguring to he greater than three feet below the land surface. Approval must be obtained from the Mooresville Regional Office, telephone number (704) 663-1699, prior to beginning land application operations on this field. This field has slopes up to 18') therefore, all residuals must he. injected. In addition,. this field must be monitored closely to ensure that no runoff occurrs. 5. Failure to abide by the conditions and limitations contained in this permit may subject th.e Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215..6A to 1443-215.6C. 6. The annual administering and compliance fee must be paid by the Pelt tittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H..0205 (c)(4). 7 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction, The Permittee, at least six (6) rn.onths prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 9. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to adequately protect the environment and public health. 10. This permit shall become voidable unless the agreements between the Permittee and the landowners/lessees are in full force and effect. The land owner agreements are considered expired concurrent with the expiration date of the permit and must be renewed at the same time the permit is renewed. Perr t issued this the fifth day of March, 1998 NORTH CA 1 9LI.NA El`SW1R©NMENTAL MANAGEMENT CO.. IMISSION ',.A. Preston Howard, Jr., P.E., Director Division of Water Quality By, Authority of the Environmental Management Commission Permit Number WQ04007011 11 kesb ILS.G S. Quad / Roaring River, N.C. Contour Interval = 20° Field DD-1 YiK'i-0 J08 NO: 1S88-?37-017 Topo Map Meld VR--012 Vaughn Rogers TR5 /Tyson Poultry PcL 3-05 Field VR-003 Field VR-004 .S.C.S. Stony Point, N. C. Quadrangle Contour Interval = 20' eld V.-005 ugh© Rogers -ntS f Tyson Poultry !Auld Applkucio• Progrzem 0 "0: ins$ 9 €1E FIGURE NO, 2 Topo Map U.S.G.S. / ddenjteQuad, N.0 Contour Interval = 20' d SER,CES Ili •ES-: Michael Bowles TJ $ / Tyson Poultry Land Appliestioo Pro{ram JOB 7 2 Tope M■p • clap BY% 9, Field JHB-004 ikL -02_ Field JHB-002 U.S.G.S. Hiddenite Quad, N. C. Contour Interval = 20' 71. 4 Joho Henry Barne3 TRS / Tyson Poultry Oka POO 408 NOt -97-017 riCL Tapp Map 1214 rvIkIiIl E Clovernor William (1 Kossir Secretary Noah Catalina perm -Imam of Environatent and Natural Resata-Ltres. CoIcon Sullins, Direotoi 1.)ivis ion titt' W;i1;e:1 0,1i-1111y July 1. 2008 CERTIFIED MAIL RETURN 'RECEIPT REQUESTED Mr. Dan Crowe Tyson Foods, Harmony Plant 501 Sheffield Rd. Harmony, NC Raleigh, NC 27699-4126 N DENR MR0 - Aquifer Prote Subject: Notice of Violation/Notice of Intention to Enforce NOV-2008-PC-0288 Tyson Foods, 1.--larmony Plant Permit No, WQ0000701 iredell County Dear Mr. Crowe: You are hereby notified that having been issued a permit for a residuals land application program ror the subject facility, the Division of Water Quality has documented violation of permit WQ0000701. Violation Failure to meet the Operation & Maintenance Standards within Section 11 (13). Residual and other sources of PAN shall be land applied to all land application sites at agronomic rates in accordance with the crop management plan outlined by the local Cooperative Extension office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Serk ice, or other agronomists. Under_po circumstances shall the PAN (limits noted in permit) loading rates land a_pplied to an\ site be exceeded. 'fhe annual residual reports submitted to the North Carolina Division of Water Quality (NCDWQ) for 2006 and 2007 for the Gary Welch fields number 'Nf T-01 -16 and 17 by Tyson Foods, exceede,d. the. PAN loading rate for each of these .11.elds, The reported acreage is at least, 22% (likely more) over estimated due to some of the field area being removed from crop rotation 'because the Highway 220 By Pass right-of- way was constructed through th.e field, No modificatio.n to the net available acreage was accounted or and no information Was submitted to the NCDWQ to reflect this change. 'Ihe amount of residuals land applied to these fields exceeded the permit. limits, due in part: for this reason. North CI:arohna IPAtt)/Acrii ler Prottetion Stotion 22.5 Gri Sti Suite 714 Fayetrev111e, NG 28301 Phone 010) 4.33-3300 FAX 19 11)) 4 g6-1)70r) Internet 112o.enrustateric.us Customar Service. 1-877-623-6748 opc. North Lard nt Vaturally ,An Equal Opperrtuntyl,Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Don Crowe Page 2 July 1, 2008 'Ng 'IThe 200-7 annual re Oita]. report indicated a 'b a crop (PAN rate of 2.20 lbs/ac) fix MT-01-16 and 17. Upon investigatim -,, aIcrpanied was a rye grass pasture ( PAN rate of 200 lbs/ac) that was being, graz4d bycatffThis ac Asopor s to oer application ofresiduals. .„.... Required Correc 441 fib' iifor.Violatiorit*,L,,,„ Tyson Foods shall ensure that the proper applications rates are being applied for the correct crop planted or to be planted. Field acreages need to be verified and corrected based on current field conditions. Once field acreages are verified corrections need to be made to Attachment B of Permit WQ0000701, the crop management plan and the annual residuals report(s) need tobe corrected. Violation It Failure to maintain proper records accounting for animal waste or other nutrient sources applied to fields MT-01.-16 and field MT-01-17 — "Monitoring and Reporting Requirements III (6. i.)". Based on information gathered during the investigation of this violation, NCDWQ has learned that chicken manure has been routinely' applied to fields MT-01-16 & 17. There does not appear to be an. accounting for this chicken manure application in the past or present annual residuals report. Required Corrective action for Violation 11: Begin tracking and reporting all sources of nutrients applied in the future and account for these sources of nutrients within the annual report that is required by your permit. The Division of Water Quality requests that in addition to the specified corrective action above; please submit the following items on or before August 4, 2008: 1. Please respond with a written explanation as to how violations I & 11 occurred. 2. In your response, include the steps that are being taken to rectify this situation and a list of the steps that will be taken to prevent these violations from occurring in the future. 3. You must prepare a groundwater monitoring plan to measure for impacts to groundwater, You may submit this plan for approval .through a consultant or the Division will develop one for you if none is received by July 21, 2008. Private water supply wells adjacent to the application site (MT-01-16 & 17) have shown levels of nitrate above the standard. This is Tyson's opportunity to quantify the impact of the residuals land application program on the groundwater resources in this area. 4 Please indicate how chicken manure application and the rate ofapplication will be monitored and accounted for in the future. Any nutrient management plan that is submitted must also account for adjusted rates based cattle grazing the same acreage. on Crowe Page 2 July 1, 2008 The 2007 annual re4idual report indicated a beymuda crop (PAN rate of 220 lbs/ac) :for \IT-01-16 and 17. Upon investigation by....NCDW,c, thc crop planted was a rye grass pasture ( PAN rate of 200 lbs/ac) that was being graz d by; cattIe:' " his fael a1soPohr to over application of residuals, Required CorrectiVe-attion for Violation Tyson Foods shall ensure that the proper applications rates are being tippli.ed for the correct crop planted or to be planted. Field acreages need to be verified and corrected based on current field conditions. Once field acreages are verified corrections need to be made to Attachment B of Permit WQ0000701, the crop management plan and the annual residuals report(s) need to he corrected. Violation II Failure, to maintain proper records accounting for animal waste or other nutrient, sources applied to fields MT-01-16 and field MT-01-17 — "Monitoring and Reporting Requirements III (6. i.)". Based on information gathered during the investigation of this 'violation. NCDWQ has learned that chick.enmanure bas been routinely applied to fields MT-01-16 & 17. There does not appear to he an. accounting for this chicken manure application in the past or present annual residuals report. Required Corrective action for Violation II: Begin tracking and reporting all sources of nutrients applied in the future and account for these sources of nutrients within the annual report that is required by your pennit. 111e Division of Water Qua1itv requests that in addition to thespecified corrective action above; please submit the following items on or before August 4, 2008: 1. Please respond with a written explanation as to how violations I & 11 occurred. 2, In your .response, include the steps that are being taken to rectify this situation and a list of the steps that will be taken to prevent these violations from occurring in the future, 3, You must prepare a groundwater monitoring plan to measure for impacts to groundwater. You may? submit this plan for approval through a consultant or the Division will develop one tbr you if none is received. by July 21, 2008. Private water supply wells adjacent to the application site (MT-01-16 & 17) have shown levels of nitrate above the standard. This is Tyson's opportunity to quantify the impact of the residuals land application program on the groundwater resources in this area. 4, Please indicate how chicken manure application and the rate of application v ill be monitored and accounted for in the future, Anynutrient management plan that is submitted must also account for .adjusted rates based cattle grazing the same acreage. avid Crowe Page 3 July 1, 2008 Please be advised that this notice does not prevent the DiViSian of Water Quality from taking enforcement actions for this violation, any past or future violation. Neither does this notice remove you from the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement, Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $2.5000.00 per day per Violation, If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in yyiriting, of the event(s) noted and why you feel that this office should not proceed with recommendation for enforcement. This office should receive information in the time frame requested within this letter. Information provided to this office will he reviewed and, if enforcement is still deemed appropriate, your explanation will he forwarded to the Director \kith the enforcement package for consideration. lf you have any questions concerning this 'natter, please do not hesitate to contact either Joel S. Shields (910-433-3332) or myself at (910- 433-3336). Sincerely, Step n 13 rnhardt. L.G. Regior quifer Protection Supervisor cc' APS Central Office File APS FRO File APS Mooresville Regional Office Subject: CO :: FAX NSMISSION DENR FAYETTEVILLE REGIONAL OFFICE FAYETTEVILLE, NORTH ROLINA VOICE: 9f.k-1 1 Date: Pa P,1T F-Ii xlading +r APR-13-2006 07:44AM FR(314- March 29, 2006 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Edward Dewitt 361 Jimmy Carriker Rd Ellerbe, North Carolina 28338 Dear Mr, Dewitt 7-009 P,002/007 F-170 NUUR (ArmITh utpartmentI71 Cnv imIIm=St= snit PlatUral i:CS©UfCc Alert W, Klimek. P.E.. Director Division of Wets Quality Subject NOTICE OF VIOLATION Title 15A NCAC Subchapter 2L Groundwater Quality Violations Contaminated Drinking Water Wells Residents on Derby-Windbtow Road Ellerbe, Richmond County Based on recent sampling activity conducted jointly by the Division of Water Quality and the Richmond County Health Department, at least three private drinking water supply wells have been identified as exceeding the State and Federal EPA drinking water quality standards for nitrates_ In addition, first hand accounts from neighboring property owners indicate that some type of dark liquid material has recently been applied to property that you own which is located within 400 feet of existing private supply wells. This letter is to formally notify you in the absence of any other obvious source for the nitrate contamination that you are considered responsible for addressing the groundwater quality problem and must eliminate the potential exposure issue for all currently known and any additionally impacted supply wells that are identified in the future. The reported constituent concentrations exceed those standards for CLASS GA waters which are those fresh groundwaters as established in 15A NCAC (North Carolina Administrative Code) 2L .0202 (g). Listed below in table format are the groundwater quality violations that were identified as a result of our recent sampling activities: Francis Moore Francis Moore new well Pratt eillr,are (910) 407 Address Constituent Nitrates 2691 Derby Rd Derby Rd Nitrates 2691 Derby Rd Derby Rd An Equa1©pporlunIty/Am mllve Action Employer — 50 % Nitrates Nitrates Concentration NC Standard 10.00 mgA 11.26 m9 (milligrams/Merl 10.00 mgA 1 0. 00 mgA 10:00 tiigi 22$ Green SU Suite 714 Fayetteville, NC 28301 Phone (910) 486-1541 _encetele.nc a Customer Service 1-877-623.6748 Past Caneum©r Paper APR-I3-200i C17:44AM Mat- T-063 P 003/007 F-171 • Page 2 Edward Dewitt Doe to these violations, you are required to take the following actions in accordance with applicable provisions of 15A NCAC 21..0106 (b); 1. Take immediate action to terminate and control the discharge; and 2. Mitigate arty hazards resulting horn exposure to the contaminants. In order to tufty comply with these steps, you will need to hire a qualified environmental consultant to determine the extent of the contamination and to develop a plan to control the discharge. In the interim, the current status of the supply wells should be determined and the exposure to nitrate at the water supplies listed above should be corrected immediately. The options for addressing the exposure Issue include; providing bottled water service from an approved vendor; connecting to a public water system; connecting each residence with a point -of -entry system using an appropriate filtering technology; or by constructing a replacement supply well that is hydraulically Isolated from the zone of nitrate contamination. in addition, it is requested that you provide any details you have concerning the application of waste material to the agricultural field you own which is located adjacent to 2691 Derby Road, Specifically, this office needs to know What the waste material consisted of, who applied the waste and the quantity and dates of occurrence. Please provide your written response within fifteen working days after Its receipt. In your response, please confirm your intent to comply with the above requirements by specifying the actions you plan to undertake to correct the violations and by submitting a proposed schedule for accomplishing these actions. Your attention and prompt response are required in this matter. If you have questions. please do not hesitate to call Sean Boyles, the incident manager for this office at (910) 4e6.1541, cc: Ted Bush Aquifer Protection incident Flies Francis Moore, 2691 Derby Rood, Ellerbe, NC 28338 Pratt Gallirnore, Windbiow Cornmunity, Ellerbe, NC 28338 Mike Norton - Richmond County Health Department APR-13-2006 OT345AM FROM- T-063 P.004/00T F-170 Post Office Box 902 207 West Fourth Avenue Red Springs, NC 28377 Telephone: (910) 843-4456 Fax: (910) 843-5376 TAL H" " ROGEOLGGICAL CONS TANTS, INC. April 10, 2006 Mr, Stephen Barnhardt, L.G. N.C. Division of Water Quality Aquifer Protection Section 225 Green St, Suite 714 Fayetteville, N.C. 28301 RE: Notice of Violation dated March 29, 2006 Contaminated Drinking Water Wells Wind Blow, NC Dear Mr. Barnhardt: Pursuant to an authorization frotn Mr. Ed Dewitt, Environ rental Hydrogeological Consultants, Inc. (El-1C) has submitte Background 'owing for your consideration. The farm in question has been used by the Dewitt family since 1950 for cattle operations, the Francis Moore residence was constructed adjacent to the farm in the 1970's, The farm consists of two components, pasture areas and seasonal feedlot areas, which are separated by fencing. Wood shavings containing chicken manure were applied by the Dewitt's annually to maintain the condition of the pasture areas from 1950 until 2004. The feedlots were not fertilized during the years they were used to contain cattle at densities exceeding one animal/acre, The cattle density in the feedlots at any given time ranged from approximately '2 to 35 cows/acre, depending on herd management conditions. The chicken manure was typically applied in late winter prior to the beginning of hay season. In 2005 and 2006 the pasture fertilization progannr was managed and conducted by EMvMA, Inc. The two primary reasons the annual fertilization program was changed from the Dewitt's process to EMA's process was because: Odor control. The neighbors were complaining about the odor associated with the chicken manure, which was broadcast across the surface of the ground. EMA's Serving North & 'South Carolina since ! 986 vv w.environ rlentaln+ . o APR-13-2006 OT:45AM FROM, T-063 P.005/007 F-1TO Notice Of Violation Wind Blow, NC April JO, 2006 process involves injecting the waste approximately 3 to 6 inches below the soils and is reportedly less objectionable. Cost. The costs associated with EMA's process were significantly less than those associated with broadcasting chicken manure by Dewitt's equipment and personnel. It was Mr. Dewitt's understanding that EIVIA. was injecting biosolids, collected from Tyson Foods, approximately 3 to 6 inches below the surface on agricultural fields with a land application permit Coastal Bermuda was the crop Mr. Dewitt was having fertilized. According to Mr, Mike Collins, the biosolids were being applied at a rate of 176.1 pounds of plant -available nitrogen (PAN) per acre, or 2.9 dry tons of biosolids per acre. According to the North Carolina Cooperative Extension Service's Publication "Fertilizer Recommendations and Techniques to Maintain Landscapes and Protect Water Quality" dated 1996, typical application rates range from 90 to 260 pounds of PAN per year. A study jointly conducted by Environmental Waste Recycling, Inc and the City of Warren, Ohio published in 1996 discussed a study involving the application of 2.5 dry tons of biosolids in Advance, NC for "soil conditioner for landscaping and lawn establishment". Based on this cursory review, the application rates appear to be acceptable. According to Mr. Dewitt, excessive application would damage the Coastal Bermuda (Le., burn it), which has not been observed at this farm. It was subsequently determined the original land application permit with Tyson Foods did not include Mr. Dewitt's farm, but is in the process of being modified to include his fami. The most accurate information concerning EMA's process and the appropriate permit status can be obtained from Mr. Mike Collins at (336) 751-1441 or (336) 399-6670. 2 Francis Moore's Wells It is EHC's understanding that the detection of nitrates in the Francis Moore wells is being assumed to be the result of the application of animal byproducts by EMA. We have two concerns with this assumption. First, whether or not the Moore family's septic field is located with the appropriate buffer zone relative to the supply wells has not been determined. The radius of influence from the supply well, also know as the "capture zone", has not been determined either. Therefore, multiple sources of nitrate may exist. Secondly, the old well is reportedly a shallow well, and the newer well is deeper. They are located close enough to be considered as nested wells. The detection of nitrogen at a lower concentration in a well screened between the assumed source and the highest concentration of nitrogen alludes to a much older problem. The entire area has been under cultivation for several hundred years. If EMA's operation was the source of nitrate detected in the deeper well, the concentration of nitrate should be highest at the surface, and decline with depth through the soil profile. The concentration of nitrate in the shallow well should exceed the concentration in the deeper well Page 2 of 4 APR-13-2006 07:45AM FRO- T-063 P 006/007 F-170 Notice Of Violation Wind Blow, NC April 10, 2006 Pratt Gallimore Well It is EFIC's understanding that the detection of nitrates in the Pratt Gallimore wells is being assumed to be the result of the application of animal byproducts by ElviA. We have two concerns with this assumption. First, there are multiple sources of nitrates between Mr. Dewitts farm and the Pratt Gallimore well. For example, the Francis Moore septic field, and potentially the Gallimore's septic system. A second potentially significant source of nitrogen is the field formerly cultivated by the Galiimores that separates the Gallimore well from the Moore well. The field was planted in pines 6 to 8 years ago, which may explain why the concentrations of nitrogen are lowest of the three wells sampled. Since you don't apply nitrogen to pines, it would have had time to dissipate. Secondly, the Pratt Gallimore residence is apparently located approximately 1/4 mile topographically cross gradie t from Mr. Dewitt's farm. Since groundwater flow directions on a regional scale typically mimic topography, we are assuming the groundwater flow direction from Mr. Dewin's farm flows west, away from both the Moore and Gallimore wells, towards the center of Mr. Dewitt's farm, and then south along a tributary of Naked Creek. Mr. eallimore's well is located east of Mr. Dewitt's farm. 4 Corrective Action The Notice of violation specifically requests Mr. Dcwitt to take the following actions: • Take immediate control to terminate and control the discharge, and • Mitigate any hazards resulting from exposure to the con.tarninants. Take immediate control to terminate and control the discharge. The first action taken was to terminate EMA's involvement at the Dewitt farm.. Dewitt equipment and personnel will conduct future pasture maintenance operations. The second action taken was to take the portion of the feedlot adjacent to the Francis Moore wells out of production. A fence was erected to prevent any unauthorized entry into the area, The fence's gate is locked and nitrogen application has been terminated in this area. Mitigate any hazards resulting from exposure to the contaminants. EHC is of the opinion the Francis Moore wells do nor comply with the North Carolina Well Construction Standards (well standards), According to the well standards (15A NCAC 02C .0107(2), "the minimum horizontal separation between a well, intended for a single-family residence or other non-public system, and potential sources of groundwater Page 3 of 4 APR- :464 FROA- T-063 P. 007/067 F-I TO Notice Of Violation Wind Blow, NC April 10, 2006 contamination, which exists at the time the well is constructed, shall be as follows unless otherwise specified: (G) Animal feedlots or manure piles. . 100 ft. The wells need to be properly abandoned, however, Mr. Dewitt does not have the authority to do so. Therefore, he created the required buffer by fencing off the section of feedlot adjacent to the wells in question. Nitrogen will no longer be applied to this area, and it will probably converted to a tree farm since a nitrogen -dependent pasture can no longer be maintained in this area 5 Conclusion EMA applied biosolids at a rate of 176.1 pounds of PAN/acre on Mr. Dewitt's farm during the last two winters as the required annual fertilization of the Coastal Bermuda pastures used to produce cattle. Based on a cursory review of the literature, this rate is within normal agricultural practices. This is corroborated by the concentration of nitrate in the "Francis Moore old well", which is the shallow well. The concentration of nitrate, in the shallow well isl 1,26 mg/1, which is less than half of the deeper well (avg. 25,14 rag/1). If the detection of elevated concentrations of nitrate were the result of EI'vWs annual fertilization program, then the shallow well would contain a higher concentration of nitrate than the deeper well. This, combined with the fact other sources of nitrate are present in this area (i.e,, septic fields, other nitrogen dependent agricultural practices), EPIC does not necessarily consider the detection of nitrates in the supply wells to be the result of EMA's fertilization program conducted in 2005 and 2006. Mr. Dewitt has voluntarily conducted the following tasks relative to the situation: • Terminated EMA's involvement at this farm, • Taken several acres out of production while maintaining the property tax burden, and • Invested a significant amount of money erecting a fence creating the buffer zone for an incorrectly constructed supply well. I would appreciate your consideration of this information and hope this will satisfy the intent of the above referenced NOV, If you have any questions or need additional information, please call me at (910) 843.4456. Sine E TAL HYDROGEOLOGICAL CONSULTANTS, Inc. ns Project Manager Page 4 of 4 Tyson -Dewitt pto 0 70 140 280 420 580 Fe& Notes regarding application to non permitted site On February 9th received a call from Art Barnhardt (Fayetteville region DWQ) regarding a complaint from a resident in Richmond County that he received. He said that the person was questioning a land application event that occurred in the late fall of 2005 and he wanted to know if it could have been us. The person mentioned Ed Dewitt. Mr. Barnhardt stated that the location was at the intersection of hwy 73 and Derby rd. I told him that we did not have any fields permitted at that location. He said he would look into it and call me back if he needed anything else from us. Upon returning from vacation Feb I 7th I had a message from Ed Dewitt saying that he had been contacted by someone with DWQ in Fayetteville regarding the same incident. Ed stated to me that he did in fact have our operator apply to the field at said location in the fall as he thought they were permitted. I then began our own investigation. The two fields in question are two of the ones that I have been in discussion with Mr. Dewitt and Tyson to have permitted. These conversations were started in Sept of 2004 and again on a couple of different occasions since. However nothing as yet has been sent to the State to begin the approval process. It is my understanding that Mr. Dewitt thought that we had them approved already. This is clearly not the case. We are unable to verify these events with the person operating our equipment at the time as they are no longer employed with us (effective Jan I') due to unrelated circumstances. Mt RN, I contacted Ed on Mon Feb 20 and arranged to visit the site with Ed. On Thur Feb 23 I met with Ed and we looked at the fields in question. It does appear that it was our material that was land applied. I have no reason to suspect that is was something else. Therefore, I must deduce that we are in violation of the permit. Obviously, I/we assume full responsibility for this oversight. Our next course of action will be to await the findings from the state and respond accordingly. M... 0,1 MOItIME, ....law mom The only thing that I can a ibute this to is ail r()flatly , is prodam recently closely as l should have. The p five years ve gone very well and perhaps I ew too comfortable ith its ope tions. This is not an acceptablethis ri lI c assure you that steps will be taken to ins that not Tigl'e this can hap t i .. eaily appr iides the ire relations ip that we have developed ony and ho t t this incident will not .> ish the overall jobt =.. t`ve rforrned since with the facility To whom it may concern: The following are EMA Resources,Inc's written notes including any and all information that we have available regarding the application that took place in late Fall of 2005 at the intersection of HWY 73 and Derby rd. On February 9th received a call from Art Barnhardt (Fayetteville region DWQ) regarding a complaint from a resident in Richmond County that he received. He said that the person was questioning a land application event that occurred in the late fall of 2005 and he wanted to know if it could have been us. The person mentioned Ed Dewitt. Mr. Barnhardt stated that the location was at the intersection of hwy 73 and Derby rd. I told him that we did not have any fields permitted at that location. He said he would look into it and call me back if he needed anything else from us. ......1111......e.,...01,..1.101•PV01.......1..410f.* Upon returning from vacation Feb 17th had a message from Ed Dewitt saying that he had been contacted by someone with DWQ in Fayetteville regarding the same incident. Ed stated to me that he did in fact have our operator apply to the field at said location in the fall as he thought they were permitted. I then began our own investigation. The two fields in question are two of the ones that I have been in discussion with Mr. Dewitt and Tyson to have permitted. These conversations were started in Sept of 2004 and again on a couple of different occasions since. However nothing as yet has been sent to the State to begin the approval process. It is my understanding that Mr. Dewitt thought that we had them approved already. This is clearly not the case. We are unable to verify these events with the person operating our equipment at the time as they are no longer employed with us (effective Jan I st) due to unrelated circumstances. I contacted Mr. Dewitt on Mon Feb 20 and arranged to visit the site with Ed. On Thur Feb 23 I met with Ed and we looked at the fields in question. It does appear that it was our material that was land applied. I have no reason to suspect that is was something else. EMA Resources records the volume of residuals and site information based on the information provided to the main office by our field operators. Since we had received no information out of the ordinary concerning new sites this occurrence was not detected by EMA a - rsonnel until being notified in February by DWQ. **Since this event. EMA has implemented a policy that someone from the main office must physically observe the application aminimum of once per week as well as each time a new field is started. (included) Although there are some other sites in the permit under Mr. none in the immediate vicinity of this particular location. ewitt, there are **It should be noted that upon completion of the renewal for this permit, Mr. Dewitt will no longer have any fields remaining in the permit. All of the fields currently contained in the permit for Ed Dewitt are now owned by his son, Dale Dewitt. This has been the case since early 2005 when EMA began the renewal process. management° the land applicationr Foods- mony Sincethat tittle it has been our goal to providet possible level of servicelip to o tqe feel that until this evert we have rnet that goal. sad with confidence that this was isolated incident that will not be repeated. valuable, yet painful lessor has been le ed. E A eels that we ve achieved a good reputathin for doing things the fight way within the indus and we deeply° r+ t that this s occire . Sincerely, 11 hector of Operaon o i April 14, 2006 MEMORANDUM Re: EMA Policy for Tyson land pp.--- Oversight Effective Immediately: A member of the EMA Executive management will be required to physically inspect the Tyson Foods, Inc. application site on a weekly basis in order to verify compliance with all parameters of the permit. In addition, a staff member must also view the new site to be applied to in person whenever a field is to be changed. This must be verified by this person with a signature on the weekly operations checklist that is included with the operations paperwork sent to the Harmony Facility each week. Also, all operations logs must be completed fully and reviewed as such at the end of each day by the office staff. The signing official shall be one of the following people: Erik Blankenship -President, Mike Collins -Director of Operations, David O'Brien -Director of Operations, Roy Whitaker — Business development/Operations, or Brent Collins -Director of Technical Services.