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HomeMy WebLinkAboutWQ0000701_Regional Office Historical File_20171231 (7)wA� * �11 I, i I A. NCDENR FILE North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee, Freeman Governor Director Secretary AQUIFER PROTECTION SECTION January 15, 2010 Certified tail Return Receipt Rd nested r. Can Crowe, Supervisor Tyson Foods, Harmony Plant Giver Valley Animal Foods) 1 Sheffield Road Harmony, NC 28634 RP Notice of Violation 1 Notice of Intent to Enforce Nei '- 10-PC- 01 g Permit # WQ0000701 Tyson Foods„ Harmony Plant (R"AF) Land Application of Residual Solids (3 Exempt) lredell County Dear Mr. Crowe, - Chapter 13, North Carolina General Statutes„ authorizes and directs the Environmental Management Commission of the Department of Environment and Natural Resources to protect and preserve the water and air resources of the State, The Division of Water Quality W ) has the delegated authority to enforce adopted pollution control rules. This letter is a standard notification and is intended to advise you of the legal requirements under forth Carolina law, On January 5, 2010, Danny Wyatt notified staff of the DWQ, Aquifer Protection Section (APS), by phone of a significant sludge spill from the sludge storage facility at the Tyson Harmony Plant. He reported that the spill, estimated between 190,000 to 210,000 gallons, had entered a small tributary and then made it into Hunting Creek. Several miles downstream Hunting , Creek serves as a drinking water supply source for the Towns of Mocksville and Cooleemee PERFORMANCE STANDARDS 1 Permit condition €,1 requires that the residuals program "be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program." Can January d, 2010, an inspection by DWQ staff from the Mooresville Regional Office confirmed that the spill had made it to Hunting Creek. Division of Water Quail Agaler Protection SeCban 11.10cresville Reginnaf Office One r 610 East Center Avenue, quit 301, M resville, North Carohna 8115 �j t s�" � � 1c� na: 7t14 6 1ra 3 t Fax: 7 3 i1 i 1 Customer foe 1-377-623-6748 Memel E rar aterqua6fty.arg Ar, qua! ,OpRaquiiify :x rr aat,ve .dial Fmvny pr "qqqq TYSON Harmony Page 2,,,,of 2" --, V January 15, 2010 We are in receipt of your written report of January 11, 2010, regarding the release and inlitial response in accordance with requirements outlined in Permit Condition 111.9. Jill ii 11111111111111114111111i 1 11111111111111 111111 U111111 Sincerely, 4 Andrew, H. Pitner, P,G, Environmental Program Supervisor Mooresville Region, Aquifer Protection Section cc: Central Office permit file WQ0000701 MRO-APS files MRO-SWPS - Rob Krebs Iredell County Environrnental Health Department WSRO-PASS - Lee Spencer ttp://trkcnf i.smi.usps,com/PTSI nternetWeb/interLab 1 ury.d //2 1 A gn "A 7 NCDENR North Carolina Department of Environment and Natu4 Resources Division of Water Qual4 Bevedy Eaves Perdue Coieen H, SAins Dee Freeman Governor Director Secretary February 25, 2010 CERTIFIED MAIL RETURN RECgELggqq9§M Mr. Dan Crowe, Supervisor Tyson Poultry, Inc., Harmony Plant (River Valley Animal Foods) 501 Sheffield Road Harmony, North Carolina, 28634 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1, Non -Discharge Permit No. WQ0000701 Case No. PC-2010-0007 NOV-201 O-PC-00 19 fredell County Dear Mr, Crowe: This letter transmits notice of a civil penalty assessed against Tyson Poultry, Inc,, in the amount of lq,274.95, which includes $874,95 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty, ii Subrriit paymentELEZ3133� Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr, Ed Hardee DWQ/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 DMsion of Water Qualtry lAquifer Protedon Section ,' Nloores• a Repional office, One 610 East"Center Avenue. Surte 301 rviooresvil9e,Nor*,hCaro€ina28115 NorthCarc ill a Phone: 704-663-1699i Fax; 704-663-6040 CuslorrerSeMm I-877-623-6748 Internet www.fiLwaterauaiity org Naturally TYSON Assessment 74qq WQ0000701 OR 2. Submit a written request for remission including a detailed justification for such request: (1) Whether one or more of the civil penalty assessment factors in NCGS 143B-282 I (b) were wrongfully applied to the detriment of the violator; (2) Whether the violator promptly abated continuing environmental damage resulting from the violation', (3) Whether the violation was inadvertent or a result of an accident-, (4) Whether the violator has been assessed civil penalties for any previous violations; or (5) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions, rment Page 3 PP07PO1 In order to request remission, you must complete and submit the enclosed "Request for Remission of Civll Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice, The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request," Both forms should be submitted to the following address, Mr. Ed Hardee DWO/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mrs. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 all Service Center Raleigh, North Carolina 27699-1601 TYSON Assessment lqqq VQ00007 i If you have any questions, please contact Andrew Pitner at 04) 663-1699 or Mr, Ed Hardee at (1) 715- 6189. incerelyy, for Coleen Sullins Director, Division of Water Quality ATTACHMENTS cc, Ed Hardee, DWQ APS Central Office / tk chments Case P - 1 - 0'7 w/ attachments BPS Central Piles, Permit Pile WQ0000701 I attachments pppp"",7 RTATE OrrNORTH CAROLINA IN THE MATTER OF: TYSON POULTRY, INC. FOR VIOLATIONS OF PERMIT NO, WQ0000701 AND N,C,G.S. 143-2151 FOR FAILING TO PROPERLY OPERATE AND MAINTAIN NON -DISCHARGE PROGRAM File No. PC-2010-0007 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES, Acting pursuant to North Carolina General Statute (G.S.) 143-215.6(A) and the delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Coleen Sullins, Director of the Division of Water Quality (DWQ), make the following: 1, FINDINGS OFFACIT: A. Tyson Poultry, Inc. (hereinafter referred to as Tyson) is a corporation organized and existing under the laws of the State of North Carolina. Tyson operates a non -discharge land application program at its facility in Harmony, North Carolina, Iredell County, B, Non -Discharge Permit No. 1/i/'Q0000701 was issued to Tyson on June 26, 2006 and allows Tyson operate a land application program for residuals produced at the Harmony Plant, Iredell Co., Wilkesboro Plant, Wilkes Co., Case Farms Facility, Burke Co., and the Townsend Foods, Inc. Plant, Chatham Co, Permit WQ0000701 expires on May 31, 2013, C, Permit VVQ0000701 contains the following relevant condition and Tyson action-. jjj� 11111111 11111��� =No �=Mmlam* tozl��W�� D, On January 15, 2010, DWQ issued a Notice of Violation (NOV)/Notice of Intent (NO[) to Enforce to Tyson, identifying violations of Non -Discharge Permit WQ0000701' ' The NOV /N10I was received by Tyson on January 19, 2010 certified mail with return receipt. The response date to this NOV/NO[ was January 29, 2010, E. Tyson submitted information to DWG describing spill response and cleanup activities on January 12, 2010, and additional information in response to the NOVINOI on January 26, 2010, F, Staff costs and expenses associated with observing the violations, defining their nature and bringing enforcement action totaled $874.95. gigg• iligpirld, julrilli 11. CONCLUSIONS OF LAW IF 1111 iii I B. Permit No. WQ0000701 is required by N,C,G,S. 143-215.1, The permit was issued to Tyson on June 26, 2006, and it expires on May 31, 2011 C. Tyson violated N.C.G.S. 143-215,1 and Permit WQ0000701 to the manner and extent as described in Condition 1,1 by failing to prevent discharge of waste, D. General Statute 143-�Ia6A(a)(2) provides that a civil penalty of hot More than $25,000,00 per Violation may be assessed against a person who violates or falls to act in accordance with the terms, conditions, or requirements of a permit required by N-C-G, S, 143-215.1 Based upon upon the above Findings of Fact and Conclusions of Law, I make the following: III DECISIONS: 1! V111111111 1111 Accordingly, Tyson is hereby assessed a civil penalty of: Z'155 0 00 0 for one violation of N.C,G,S, 143-215.1 and Permit No, WQ0000701 by failing to perform to permit standards as required by permit condition 1, 1 by failing to effectively maintain and operate as a non -discharge system, TOTAL CIVIL PENALTY, which is 30 percent of the maximum penalty authorized by G.& 143-215,6A, i__?L�� TOTAL AMOUNT DUE PPPPPP' IV, N TI E I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. _ _ T NS ITTALt These Findings of Foot, Conclusions of Law and Decision shall be transmitted to Aiohem, in accordance with N,C,G.S. 1 -21 . (A)(d). 15; a mm (Date) for Coleen Sullins jUSTIPICATJON FOR REMIStIgN 9150yeST I Case Number: PC4010�0007 County- Ire. Assessed Party: jysoo E!2y!Lm"Ing4 Permit No. (if appIicaW6):)�ALQOONZOI Amount assessed: lliZI29 (c) the violation was inadvertent or a result of an accident (i.e,, explain why the violation was unavoidable or something you could not prevent or prepare for)" Wal WO �-M 1111 M���RILIIIUIIIIII 1 11111 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF IREDELL IN THE MATTER OF ASSESSMENT) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS TYSON POULTRY, INC, Permit No, WQ0000701 FILE NO. PC-2010-0007 Having been assessed civil penalties totaling 1,§,374,95 for violation(s) as set forth in the assessment document of the Division of Water Quality, Aquifer Protection Section dated February 25, 2010, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 20_, . .. • ompiete sterns 1, 2, and 1 Also Corcplete A. Sig ure itee*n ! if Restricted Cteflivar}r is desireda ' :Acgert c..4 ,� 4 • Print your name and address on the reverse J .0 0 Addressee so that we can return the card to you. & Received by ( Printed Narr�e) C. Dat of D H er Attach this yard to the berm of the rrRam6pie , / Is dery addre � Al t fruar at � Y 4 �r on cite trnrt-.t if space parmi°3lt.�. � �.®. ��. _y� __ _ � _ 1i Yes A Article Addressed t ,. iP DES, enter d fivery address bt 0 r TOr, Dan Crowe � � Tyson POultry, Inc'. 501 SheffieldRd, H r m rly NC 26,E l i e " g tr 11" rtbfied Mail C3 Wires$ mail r.w 0 Registered 0 Return Receipt for Merchandise Insured Mail 0 CO,D . R trl¢tted Delivery? {te(ra twee) 0 Yes . Article Number 2 1140 0002 2717 6965' ( D^arefer from service „ PS Farm 3811, February 2004 Domestic Return Receipt 1=9510-A iUo Ln 1 a ni g . rue. .w N r r µ tA r. Daryl Crowe TVsOR poultry, Rcl 501 Sheffield Ply NC 29634 p 4 W, C s,u, ,.w HC ENR 7 North Carolina Department Environment and tu� Resources Division o Water Quality.. err rly Eares Perdue Cesar H. Sullins a 'reernan Governor Directu, o r°etary March 5, 2010 rMAR 5 2DID Timothy T. Jones tt�iJ Tyson Foods, Inc W - r r'ir t�rotect on SUBJECT: Acknowledgment of receipt of Payment Case No. PC `-20l n-0007 Tyson Poultry, Inc., Harniony plant Permit No. WQ0000701 Iredell County Dear Mr. Jones: This letter is to acknowledge receipt of your check No.1004371338 in the amount of .57 . 5 on March 2. 2010This payment satisfies in fall the civil assessment levied against the subject facility and this case has been. closed. Payment of this penalty does not preclude further action by this D ivision for additional violations of the applicable Statutes, Regulations, or Permits, If you have any questions, please call me at 1 ) 715-6189. Sincerely, , D. Hardee Aquifer Protection Section cc: Mooresville legion -aquifer Protection Re Tonal Supendsor File # PC-201 -000 Permit File WQ0000701 t, gip# e"VmY C k 1" w. , t c d.+h^n9tl i t FAX C "" FAX e". v.� bb'�C,q i i j e'"� f � F-m:� Cs'Y^' } `yq �E F it9 ia iia .... `ia t�.'t' �1W4"a i1'"J�3t'k.Y' tE$ �rt'ta 11autral4t TYSON FOODS, I ENFORCEMENT PAYMENTS ,BOURN 037113l11a Payment Fee Type Clietic Nureader Case Number Received payer Account Crest Center Company Amount County NC Statute Number Enlrtrrcemem Costs 1004371318 PC-20141 0007 031O:rd2010 Tyson Pouliq Inc435400 16906923 1601 $874,96 Iredel 143-215 I(a)(6) Civil Penalties 1004371338 PC-2010 0001 0310212010 Tyson PoWity Inc 435500026 1690r.9Z3 1601 $7,5oa o0 lredell 143-316 I(a)(6) Total mount- $8,374,95 Grand Total Amount, $8,374.95 Tyson Foods, Inc. RECEIVED /DENR/DWO AOUlF;:R'PpnTFrTjON'O March 1, 2010 FCTKW MAP 0'2 2018, Sent'Via E-mail and Fed -ex Mr, Ed Hardee DNNVQ/'Aqmfer Protection Section 16 36 Mall Sen!lce Center Raleigh, NC-17699-1636 Z711 Re: Assessment of Civil Penalty for N"iolations of NC General Statute Case No. PC-2010-0007 Dear Mr. Hardee: Please find enclosed check number 1004371338 in the arriount of eight thousand three hundred seventy four dollars and ninety five cents (S8.374,95) vable to the North Carolina Department of Environment and Natural Resource Division of Water Quality. 111 regards to the above referenced matter Should you have any, questions or concerns regardnU,r this application, please do not hesitate to contact me, Sincerely, Timothy T. Jones Senior Counsel 11 2201) Don Tyson Parkv,,ay Springdale.,M72762 (479)290-7 102 Tirn,Jones('Ftysonxoni Enclosures T�vsan Foods, Inc, Legal Department 1-200 Don"Nsoii Parkway Springdale, Al 7/2762-6999 479-290-4000 Fax: 479-290-7967 wv,,iv.tvson.com It's what y ourfamdydeser ves.- CU� I JAK 12 ME January 11, 2010 Mr. Andrew Pitner, P,G, Division of Water Quality - Aquifer Protection Section Mooresville Regional Office (MKO) North Carolina Department of Environment & Natural Resources 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Ati January 1010 Wastewater Sludge Relem Incidetit TYS" Foods, Inc� River Valley Animal Foods Fewility Harmony� North Carolina Tyson Foods, Inc. Animal Food lngredierat q Group 11,0, Box 158 Harniony, NC 28634 7704-346-2602 www,tyson,com x ��� - � d � � � � w m � ,. � a � ., ", r x � � 4 � ,. � e � a � �' � � " •r �� � � .. � d - . ,» �� � ► a � � � . � 3? ;. • �} 1I � m 1 i . < M t ffi ,, � 1 � + � � . � . . � � � ,. � � ! # � � � # �r r o 1 `4 "� a e � d w ;gym � � � ,. �. ., .� � M ! �. � ,. r .� m � r ; � - * � �. We appreciate NCDENR's cooperation and assistance during this matter, While the incident was preventable and regrettable, we believe the Emergency Response training conducted as part of our Environmental Management nt System proved essential in responding to this incident in a swift and appropriate manner. Please contactat 704,546,2602 if I can be of further assistance and/or if you require additional information. Sincerely; TYSON FOODS, drwe Plant Manager cs Steve Patrick Tyson Foods, Inc. Watson,Bo Tyson Foods, Inc: Doug Baxter, Tyson Foods, Inc. Jimmy Brown, Tyson Foods, Inc. Mr, Andrew Pitner, P.G. , Program Supervisor Division of Water Quality Aquifer Protection Section Mooresville nl Office North lima Department of Environment tt ral Resources 610 East Center Avenue, Smite 301 Mooresville, olina 28115 January 2010 "wastewater Sludge release Incident Tyson Foods Inc. - River Valley Animal Foods Facility Harmony, North Carolina zI Mt,, IUM. » �s Tyson Foods, Inc Atw Valley Animal Foods 601 ShoMeld Roat� Hammy, Nb ��4 Photic 704.64616W rak • From this point forward any storruwater or material recovery within the DAF storage secondarycontainment area will be completed with a trailer equipped with tank and recovery pump. This equipment (trailer, tank,, hose and fittings) was purchased weer January 5-22,. root cause analysis will be performed by members of Tyson's CorporateTyson' EHS Services and RVAF senior management. This is tentatively scheduled for the week of February 1- , 2010 To date, RVAF has spent $21,863.8 2 related to this incident. These costs include material recovery/site restoration activities and equipment purchase, These sts do not include RVAF and/or nr Tyson team member wages. RVAF extended offers to the Town Managers of both Cooleemee and Mocksville for reimbursement of all costs associated with the interruption f service ttt both water treatment facilities attributed to this incident, The era were accepted d we expect to receive statements from h entity soon, As soon as received, those costs will b forwarded to your attention. Based on our prompt response actions and based upon costs incurred as a result of this release, we respectfully request that no civil penalty be issued related to this incident. As previously conveyed to NCDENR staff, we appreciate your assistance and direction during this unfortunate incident. Please contact me at 704.546.2602 if I can be of further assistance and/or if you require additional information. Sincerely; TYSON FOODS, INC. an ru Plant Manager °c Steve Patrick, Tyson Funds, Inc. Bo Watson,Tyson Foods, Inc, Doug r, Tyson Funds, Inc; Jimmy Brown,Tyson Foods, Inc.. Hunting Creek Samples Before Spill in Branch After Spill in Branch Time -0755 Time - 0815 D,O - 1.4,73 mg/I D,O. - 14.96 mg/I TEMP. - 13Centigrade Temp. - 1.1 centigrade Ph - 6.55 Ph - 7.11 Fecal - time — 0805 ( 38 feel count Fecal - time -- 082 ( 44 feel count } Oil& Grease - time 08 - ( < 5.1 mg,l Oil & Grease - time 0825 (< 5.3 mg/I Hunting Creek Above Spill After Spill at Hunting Creek Bridge Time - 0840 Time 0725 D.O: - 14.23 mg/I D , - 11.83 g/l Temp. - 1,0 centigrade Temp - 1.,4 centigrade Ph _ 7M Ph - 5.33 Fecal - time- 0845 ( 64 fecal daunt Fecal - time — 0730 ( 70 fecal count Oil & Grease - time — 0850 ( < 5.4 mg/I ( Oil & Grease time — 0735 ( 5,7 mg/I Below Effluent discharge on Hunting Creek Hunting creek at County Line Bridge Time - 0710 Time - 0900 D.O. - 11.77 mg/l D.0, - 17.81 mg/ Temp. - 7..7 centigrade Temp. - 1..4 centigrade Ph - 7.17 Ph - 7.9' Fecal - time — i377 ( 7 fecal count Fecal - time 5 (76fecal count Oil & Grease - time — 0715 ( < 5.1 mg/I I Oil & Grease - time — 0905 (< 5,1 mg/I From: Baxter, Doug [doug.baxter@tyson,com] Sent: Thursday, February 04, 2010 3,13 PM To: Pitner, Andrew cc: Crowe, Daniel; Brown, James - Wilkesboro Subject: RE: RVAF Harmony Andrew — Doug Baxter Area Environmental Manager Tyson Foods, Inc. 13264 Mountain Road Glen Allen, Virginia 23059 phone: 804.798.8357 ext. 259 cell: 804.514,3170 fax: 804,752,2331 this email mid any files transmitted with it are confidential and intended solely for the use ofthe addressee. If you are not the intended addressee, then you have received this email in error and any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. Please notify us immediately of your unintended receipt by reply and then delete this email and Your reply. Tyson Foods, Inc. and its subsidiaries and affiliates will not be held liable to any person resulting front the unintended or unauthorized use of any information contained in this email or as a result of any additions or deletions of inlormation originally contained in this ernait, U Huffman, Ellen From: Bell, Wes Beata Monday, January 11, 2610 9124 AM To: Krebs, Rob; Setae °, Britt; Pftner, Andrew; Huffman, Ellen Subject: F: Data from Sludge spill in Branch and bunting Creek denr gall gar c 'es Bell - des B.. North Carolina inept. of Environment & Natural Resource Diva of Water Quality 610 S. Center Ave., Suite .301 Mooresville, NC 2 115 Ph: 704,663-1699 Fax:704.663.6040 E-mail correspondence to and from this address may be subject to the North Carolina public Records law and may be disclosed to third parties, From: Campbell, like [mailto:mike,camp ll tyson. om] Sent: Friday, January 68, 2916 :02 p '. To: Crowe, Daniel Baxter,Doug; Brown, James - Wilkesboro- 'Wyatt, Daniel; 'wes. ell@n mail.net' Subject: ' : Data from Sludge spill in Branch and Hunting Creek Fecal results before clean up of Sludge Spill at Tyson Foods, Harmony, N,C. Upstream in Branch = 90 fecal Downstream in Branch = 68 fecal Upstream in Creek ( above spill ) = 70 fecal Downstream at Bridge ( below Spill ) = 62 fecal Creek below Effluent discharge ( below spill ),= 82 fecal Creek at County tine Bridge ( below Spill ) = 58 fecal Creek above Coolornee Water Plant = 23 fecal From: Campbell, tie Sent: Thursday, January 07, 2010 10:5Ali : Wyatt, Daniel Brown, James - Wilkesboro; Baxter, Doug 'wes.l ell ncrnail.net'; Crowe, Daniel Subject: Data from Sludge spill in Branch and [hunting Creek: 1-S-B Upstream of spill in Branch Downstream of spill in Branch Temp, — 4.9 centigrade Temp. - 3.9 centigrade Ph - 6.34 S.IJ, Ph - 6.45 S.U. D, : 9.3 mg/l 8, , _ 9,39 rn l Time 1420 Time - 1425 1-6-10 Upstream of spill in Branch Downstream of spill in Branch' Temp. - 0.1 centigrade Temp. - 0.1 centigrade Ph - 6,55 S.U. Ph - 6.51 SM D3 e 11.93 mg/1 D.O. - 11.42 mg/1 Fecal - 0810 Fecal - 6 82 Time r 0805 Time - 081:5 1-6-10 Upstream of spill in Hunting Creek Downstream of spill in Hunting Creek Bridge Temp. - 0.5 centigrade Temp, - 0.1 centigrade Ph - 8J3 S,U: Ph - 8.18 S.U. D9 O. - 15,.81 mg/l D.O. _ 15.29 mg/1 Fecal - 0930 Fecal - 0950 Time - 0925 Time - 0945 1--1 Hunting Creek downstream below Effluent [discharge Temp. - 0.3 centigrade Ph - 8.05 S.U, D.O. - 1.9 mg1 Fecal - 1015 Time - 1010 1-6-1 D Hunting Creek at County Line Bridge Hunting Creek above Coolomee Water Plant Temp. - 0.1 centigrade Temp. 1.7 centigrade Ph 7.08 S.0 Ph - 7A1 S.U. DO. 14.81. mg/1 D.O. - 10,65 mg/l Fecal' - 1045 Fecal - 1655 Time 1040 Time - 1650 This email and any tiles transmitted with it are confidential and intended solely for the use of the addressee, If you are not the intended addressee, then you have received this email in error and any use, dissemination forwarding, printing, or copying of this email is strictly prohibited. Please notify us immediately of your unintended receipt by reply and then: delete this email and your reply. Tyson Foods, Inc. and its subsidiaries and affiliates will not be held liable to any person resulting from the unintended or unauthorized use of any info nation contained its this email or as a result of any additions or deletions of information originally contained in this email. 01/0512010 11: 27 19197330059 PER A'S PAGE 01/03 01,105110 10- 21 AM www. are, useg, mil Attn. Pay& I of a 911�!71111 5 NATIONAL RESPONSE CENTER 1-800-424-8802 *&*GOVERNMENT USE ONLY#**GOVERNMENT USE ONLY*,** Information released to a third party shall comply with any applicable federal and/or State Freedom or Information and PrIvacy Laws Incident Repork"t 4 927735 INcICENT DESCRIPTION *Report taken by; CIV NYDIA RAW_ S at 10c 03 on 05-JAN-10 Incident Type: STORAGE TANK An Incident Cause. NATURAL PHENOMENON fl Affected Area: HUNTING CREEK Incident was discovered on 05-3AN-10 at o6:15 local incident time. • N Affected Medlum: WATER HUNTING CREEK REPORTING PARTY Name-, DANIEL WYATT Orqanlzatlun: HARMONY RIVER VALLEY ANIMAL FOODS AddresS: Sol SHEFFIELD ROAD HARMONY, NC 28634 HARMONY RIVER VALLEY ANIMAL FOODS roported for the regponslble p rty: PRIMARY Phone: (704)5462502 Type of Organization: PRIVATE ENTERPRISE SUSPECTED RESPONSIBLE PARTY Name. DANIEL WYATT Organization: HARMONY RIVER VALLEY ANIMAL FOODS Address- 501 SHEFFIELD ROAD wa NC 2863LI HARMONY, PRIMARY Phonon (704)5452602 INCIDENT LOCATION 501 SHEFFIELD ROAD Cauntyt IREDELL City: HARMONY State, NC Zip,, 28634 RELEASED MATERIAL(S) CHRIS Coca-, NCC Official Material NaMet NO CHRIS GODE Also Kno"n As, WASTE WATER SLUDGE Oty pelgagQa� 210000 GALLON(S) Oty in Water; 0 UNKNOWN AMOUNT DESCRIPTION OF INCIDENT CALLER STATED A LOAD LINE VALVE ON A SLUDGE TANK FROZE AND 8ORST RELEASING WASTE WATER SLUDGE INTO HUNTING CREEK, SENSITIVE INFORMATION Description of Tanks STORAGE TANK Tank Above/Below Grounda AEOVC Transportable Container-, UNKNOWN Tank Regulated. UNKNOWN Tank Rogulat4d BY: Tank TDs UNKNOWN Capacity of Tank: SOODOO GALLON (SS Actual Amnunt: 300000 GALLON(S) INFORMATION— Sheen Color: WHITISH Sheen Odor Deacriptian! Sheen Travel DlrectlLon� Cl/05/2010 11:27 1919732OQ59 PERCS PAGE 02/e3 U1 / (1-1) Y 10 TO 21 AM wvv: ri rr-. ancg. Mi 7 Attn! page #.1179,iq ou Sheen Size Length: Sheen Size Width: ---WATER !NFORMATION--- Ondy of dater: HUNTING CREEK Tr lOutary of: YAOTIN RIVER Nearest River Mile Marker. Water Supply Contaminated; NO f _MPACT Fire Involved� NO Fire Extinquishpdz UNKNOWN TNJURIES. NO Hospitalized; EmpllrrewPassenger. FATALITIES: NO Empl/Crew; Passenger: occupant: EVACVATTONS:NO Who Evacuattd: Radlvs/A-ea, DdmagaNO Hours Direction oP' Closure Type Description of Closure Closed Closure N Air; N Major Road: Artery-N N Waterway., N Track; EnvirQnmental Impnct: UNKNOWN Media Interest, NONE Community Impact due to material: REMEDIAL ACTIONS SPACING CONTRACTOR WITH A DOZER IS MAKING A CONTAINMENT AREA WITH SAND AND THEN WILL REMOVE THE MATERIAL TO A LAND FIL4 Raloase Securecf: YES Release Rate: Estimated Release Duration-. WEATHER Wentner; CLEAR, 2111F Wave Condition; 0 CALM ADDITIONAL AGENCIES NO�f-f-F-i-E-0 Federal: NONE State/Local: NONE State/Cocal On Scene; State Agency NUMB ar., NOTIFICATIONS 8Y NRC OHS NOC (NOC) 05-JAN-10 10:21 (;?02)28P81I4 OHS I&A STATE AND LOCAL PRGM OFFICE (RALEIGH, NC FUSION CENTER) 05-JAN-10 10:21 (202)5575179 OHS PROTECTIVE SECURITY ADVISOR (PSA DESK) 05-JAN-10 10;21 (703)23557an 01-IS SOUTH CAROLINA FUSION CENTER (LE St:NSITIVE ADVISORS 8,- LIASON PROGRA 05-JAN-1.0 10,21 (666)4728477 DOT CRISIS MANAGEMENT CENTER (MAIN OFFICE) cry-BAN-10 101 (202)3681q63 U,S; EPA IV (MAIN OFFICE) (4 041 550 4 9 5 5 0, S. EPA IV (NC/SC INCIOENTS) 01/05/2010 11:97 191979300E9 PERCS PAGE 03103 «A ,�rxcr aJj: zA tin www, nrc, Lf -9. X11 Attu- pilge 3 or 3 #11794q Lr 05-JAN-1 10; 1 (404)6504955 FEDERAL EMERGENCY MANAGEMENT AGENCY (MAIN OFFICE), 5-JAN-10 10; 21 (800)6a47084 GULF STRIKE TEAM (MAIN OFFICE) 05-JAN_10 10E1. (E a1) 1+41 65C1 INFO ANALYSIS & INFRA PROTECTION (MAIN OFFICE) 05--.)AN-10 lot 21„ NC CEPT CF EMERGENCY MGM'T (MAIN OFFICE) 05—JAN-10 10; R� (000) 56t1G66 NC OCCUPATIONAL ENV TL EPIDEMIOLOGY (COMMAND CENTER) 05-JAN-7. 1 : c (919)7075950 C PUBLIC HEALTH PREPARE AND RESPNS (PHPR COMMAND CENTER) 05- AN-1.R 19; 1. (9191715091 NATIONAL INFRASTRUCTURE COOED CTR (MAIN OFFICE) 05-JAN-IG 10: P1 (E E) N29 D1 NATIONAL INFRASTRUCTURE COORF1 CTR (INFR'ASTRUC;TURE, PROTECTION o-JAN-16 1 : RI (2G2), S29RS1 NOAA RPTa FOR NO (MAIN OFFICE) 95-JAN-1 101 ( 06) 626491.1 STA'rE OF NORTH CrAROLINA ICNR (MAIM OFFICE) ADDITIONAL INFORMATION CALLER WILL NOTIFY THE DEPARTMENT OF EMERGENCY MANAGEMENT, THE P-OCAL PLANNING COMMITTEE (LEPC) AND LOCAL FIRE UE' ART' ENT. ND INCIDENT REPORT #987735 ** Report any pr Maus by cmIling 1-.R O-524- 80 PLEASE VISIT OUR WES SITE AT bttp;//www.nrc,uscq,mjj toy 0�y Michael F Easley, Governor William 0, Ross ir" Secretary FILE North Carolina Department of Environment and Natural Resources Alan W Klimek, P.E., Director Division of Water QuaI4 June 26, 2006 MR, DAN ROW E, PLANTMANAGER TYSON FOODS, HAkMONY PLANT 5 0 1 SHEFFIELD RD HARMONY, NoRTH CAROLINA 28 Subject: Perniit,No. WQ,0000701 TYSON FOODS, Harmony Plant Residuals Land Application Program .and Application of Residual Solids (503 Exempt) Iredell County Dear Mr. Crowe: In accordance with your permit modification and renewal application package received on January 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 is being issued to approve the continued operation of the residuals land application program for another five-year cycle with the following mridifications- 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. b. 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 future compliance 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 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, tatcmirri Aquifer Promtion Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Custorner Service lntcvuet. 2729 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal Oppodunity/Affinnative Action Employer - W1. Recycled/1 0% Post Coosurner Paper r.. Dan Crowe Page Jena 26, 2006 If you need any additional infonnation concerning this matter, please contact Mr. J. R. Joshi by telephone at (l9) 715-6698, or via. -shall at jayaj shi r7x n rnail.n to Sincerely, Lor Alan W. Klimek, P.E. c' Brent Collins, EMA Resources, Inc., 29 Court Square, Mocksville, NC, 27028 Moore County Health Dept. Montgomery County Health D pt. Richmond nd aunty Health lth Dept; Surry County Health Dept. Winston-Salem Regional l" n- tqui r Protection Section Technical Assistance and Certification Unit AIDS Central Files APS Files U Residuals Program Coordinator NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEISH LAND APPLICATION OF RESIDUAL SOLIDS (503 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 BEREBY GRANTED TO TYSON FOODS, HARMONY PLANT Iredell County Imm 1, 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. 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 pennit 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 Pennittee 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, 5No residuals other than those gencraW by the residuals sourct�tatitig facilities listed in the most reeently�cettifled Attachment A of this permit shall be Approved for [and application in accoMance with this permit, 6. Only the land application sitcs�;]isW in the most Attachment B of this permit are approved for residuals land application. MENluffilailawl gal- t RUIUSTIM.19, 2 ppppppp, H. QPERATION I. 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 mission CSOC C , the Permittee shall designate a certified land application residuals operator to be in responsible charge 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 SG .0202, 3. 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. 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. 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 pudic assembly under separate ownership for surface application methods; however, the buffer zone requirement ent may be reduced to minimum of lop 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, bw 200 feet from residences or places of public assembly under separate ownership for subsurface applicationmethods; 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 d any Class l or Mass 11 impounded reservoir used as a source of drinking water for both methods; & 100 feetfrom any streams classified as WS or R, 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; 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 L 25 feet from do slope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface d subsurface application methods. Some of the buffers specified above may not have been included in previous its for this residuals land application program. However, any land application sites that are listed in the most recently -certified Attachment B of this it, but were approved with different buffers shall be reflagged to comply with these buffers. 6MAxinitim slope for land applicAtioa of residuals shall be 10 percent for surike application methods and f 8 percent f4r subsur&ce application methods, T Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. 9, An acceptable pI4 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 pl-I best suited for the specified crop and the soil type, 4 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. M 16. Food crops with harvested parts that touch the residwil/soil mixture and ate totally above, the Iand surface tobacco, melohs� cucumbers, Nunsh, etc) shail ndt be harvested for 14 months After any residuals land application event. 17, Food crops with harvested parts below the suff4ee pf the land (te, root crops such as potatoes, carrots, radi§ht� 00) shall not be harvested for 20 tuouW after any residuals land application event when the residuals remain on the land surfhee for four months or longer prior to incorporation into the so] L 18. Food crops with, harvested parts below the suffate of the land shall not be harvested for 38 months after any residuals land application event when the tesiduals remain on the land surface f4 less than four thouths prior to incorporation into ac soi�l, 20, Adequare provisions shall be taken to prevent wind erosion and surface runoff fiWn conveying residuals from the how applic4tioti sites OW adjacent propetti�s or into any surface waters. 21 Adequate procedures shall be "Ided to prevent stirfice rupoff fi�om ca�jng 44 land applied or stored residuals 'into a4 gurfke w4tcrs. mill, 11, I i t 24. -XesiduaJs shall not be land applied during inckment weather or until 24 hours following a rainfall event of 0-5-inch or greater in 24 hours. Any emergency residuals land application veasores shall first be a0provedin writing by (he Division. 25Residuals shall not be land applied to any land application site that is flooded, frozen, or snow-covered. 26, Appropriate ni�6surds shall be takeft to control public access to the land application sites during active site use and for the 12-nionth period following the last residuals land appdicating the Activities being conducted a each site. " monitoring (Lc, including giroundwater, surface water� residuals, s6il' or plant tiss4i�& analyses) doomed necessary by the Division to ensure Proteetwin of the environment shall he estahllshe� and an acceptable sampling and reporting schedule shall be fblfowod. II 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 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, 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 Magnesium Potassium Ammonia -Nitrogen Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen Calcium Percent Total Solids Zinc Copper PH Plant Available Nitrogen Lead Phosphorus by calculation) 7 4Residuals 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 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 reduction requirements and site restrictions in 40 CFR Part 50332(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 involved (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 1. 10. 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 111. 3., and Condition 111. 4. 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.110 6Proper 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.); 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); 13 & Three copies of all required monitoring and reporting requirements as specified in Condition 111. t ., Condition 111, 2., Condition 111, 3., Condition 111, 4., Condition 111, 5 ., Condition 111. 6., and Condition 111, T 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, No Carolina 27699-1617 9. Noncompliance Notification. 'Ile Pennittee 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 at 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 to 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 residuals to the application site. In 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; V. QROUNDWATER REO MENTS 2, eta Iiable c�ur�da eduire a. The _COMPLIANCEBOUNDARY for residuals land application programs is specified by regulations its I SA 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 bound whichever is closest to the residuals land application area, An exceedance o Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action according to I SA NC AC 2L .uld 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 e ceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with I SA NCAC 2L ,d 1 d (2). 3: AdditionalRequirements: a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided, PPPPPII` 3111 111 111111 iii IMI 14M •�54114I V1. GENERAL CONDITIONS I a This pennit 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. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. I 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 § 143-215W 4The 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). S. The issuance of this permit does not preclude the Pennittee 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 MOO, 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 I SA 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. qqq 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. 8. 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 era ittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supportingmaterials as may be appropriate. The approval of this request shall be considered can its merits andray or may not be approved. Permit issued this the twenty-sixth day of one, 2006. OR rH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan ' . Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number'WQOO,00701 12 ilifies Pernth No. WQOO#O 701 Tyson Poultry, Inc: Tyson Paukry, Ina Residads Land AppfinWon Program Permit No, WQ0000701 Page I of I Certification Date.- June 21, 2006 ATTACHMENT B - Approved Land Application Sites Permit Number, W00000701 Tyson Pou" Inc Harmony, NC Rendering Plant Residuals Land Application Program Dominant GW W00000701 TYSON Aft. 8 Cer6fted June 21, 2006 GWA- is dominated by soils with a mean seasonal high water table greater than three feet below tKe land surface. Residuals land application events may occur on thm 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 application on the sites shall be prohibited from December through March, inclusive. All. B Certified June 21, 2DD6 ty re - Google Maps UO11-. A. Tyson Foods In 01 Sheffield Road, Harmony, } - ()546-2988 tys n - Google Maps http://maps.google.com/maps?f=q&source=s_q&hl=en&geoco, G-, o(Sle maps Get Google Maps on your phone Your search for tyson around this reap area did not match any Iodations; Suggestions: • Make sure all words are spelled correctly. • Try different keywords. • Try more general keywords. • Search the web for jyson • Know about this place and want everyone to find it Add it to GoggleMaps! _1 of State of North Caroling Department o it n t bur and Natural Resources Division of Water Quality "WWWOM James . Hunt, Jr., Governor Bill Holman, SecretarT k1&40CDamNR Kerr T. Stevens, Director NowrH CAROL.INA 0VFA;rMZr4T OF October 19, 1999 Dcar.knimal ast.'WaterSystem to er or Operator; House Bill 1160, the Cleart War= Act of 1999, was ratified by the North Carolina General Asserribly on Rily 20 and si red into law by the Governor on Rily21, 1999u This legislation has placed sipificant. new reporting requirements on those entities that o%,Nm or operate wastewater treatment and collections s ,ste , This letter is prot-idedd asgiridance to assist you in rneetin this aspect of the new reportxsg requirements, trill -Notification One of the MCM, requircractitsthat because e tcn ve October 1, 1999 for all °astelvater facilities that collect or treat wasteivater is that they must notify the public of wastewater spills. Wastmaterfacflitv otters or operators roust issue a press release after a discharge to warfare waters of 1,000 gallons ui&n u hours of Est knowledge of the spill by the oiNmtrloperatore 7"ne law requires ttaat the press release must be issued to "°aU electronic and print netts media outlets that provide general coverage in the county where the discharge occurred," A copy of the press release must be maintained for one year by the owner/operator. i"nis press raisers is required in addition to the p treq .ir eat of contacting the North Carolina Division of VVatzr Qualitv PWlist of roeclla outlets. sorted by Count,, and a sample press release are attached for your r°cfe nceW It a discharge of 15.000 gallons or more reacoes surfaceuvater. a p lic nonc s rea e� ant trot e Press re.dasc; t rte ptror3c Moises waist ne placed s a newspaper having g n r, al circulation in the Counin ty v%haclt tH e discharge occ urred an d teas co unt1• imme =1 ate 1y dow- r-eam. . A sansple public notice format s aiso enclosed for your reference. L' a discharge of 1,000,000 gallonsof wastewater, of more reaches surface, waters, the 6WQ regional office must be conftac d to dc-termine in what additional octuaties, if aril`, a public notice must be published, A copy of all public notices and proof of publication gust be sent to the DWQ to the .artenti on of "NDCELF at the l erhead addresa within 30 dales of publicatior- A s ample public notice ss attached for voux reference:: ao nnaimurn content of tna notice is the 'location of the di char e, estimated volitxrte, water body affected, steps taken to prevent future discharges and a phone number and contact name. As wasnoted at the beginrung of this letter, there are several now report° & requirements as a result of that Clean. Water Act of 1999, As a stakeholder Behold in environmental regulation, you are encouraged to rat=ie , the etttire scope of the Act to sew if other part apply to your operations, A copy df the Act can be can be e-iewcd on the North Carolina et -al Assembly's ref site at a iit-,.c. w ,, t' n -e sw , c },lm E o �r i moo* hou:,e,F"`til� 1(,(C�.ru11. itiarl, �.�.1� �.:�,�, �.�� � �..� wa��. n� �.tsf ���at:l � .- � atlls �:�ss�a� 11-ou have, ant• questions, please contact your DWQ Regional Office or (91 ) 733-503 ask- for the Nor,- isch arse Compfiance and Enforcement Unit for the spill notice requireineats. 1 171 Mau service center, ale: h,.Narth Carohna 79 4161+ Telepbnze 9193-5083 Fas 913- 33 05 .fin Equal opportuniry'kffinnadveAction Employer 0%r ale ;!tiro/� post -consumer paper For and Content of'Pub lic Notices of Discharges Required by --House BM 1160 entered the Yadkin River. The barscreen was cleanedand a new automatic unit was installed to prevent fiirmer discharge. Ms notice was required by North Carolina Cieneral Static krt Cie es, 72 C:hapter 143.215.0 Minimum content for all the types of facilities includes, I of facility 2. Location of discharge 3. Estimated volume of untreated waste entering Wateer of the State 4. Time and date discharge occurred 5. Duration of discharge 6. A7ater body that was discharged into including creek and river bask, if applicable 7. kc-tion taken to prevent fiii-ther discharge S. Contact person and phone number Content of Notice for Owners or Operators an Animal Waste Management System lvf}TTICOF DISCI:LF ANILMAL NVkSTE II e Anirnalfacility load a discharge of untreated wastewater from our ggigajwastesvA�em g2MRcan en I (a,& la o n4 flushtgLLk), of approximately gallons: The discharge occurred on month, daytime for appro>dmately _ hours. The treated wastewater entered creed of the) _ river (basin). The list action tak- Daired. blocka 1992�1�en) tl :wall prevent ru:tIter discharge. This notice was rep, iredd by North Carolina (3=eral Statutes Article 21 Chapter 143.213.0 Exarnple� NOTICE OF DISCIIARGE Cr k.NZ4.jkST—= the Greenwood Farin facilkyournber 95-456 on State Road 1147nearor--enwood Valleyhad a discharge of mine vmste of approximately 30,000 gallons, The discharge was first discovered on December 7, 1999 at 21-00 p.m. and lasted for approximately 5 hours, The untreated waste entered Horsefly Creek of die Cape Fear River, 'The lagoon all was repaired to prevent fiL-Iler diszhzrge. This notice was required by North Carolina General Start= es Ar6cle 21 Chapter 143,215,C Mr. Dan Crowe TYSON, Foods; Harmony Plant' 501 Sheffield Rd, Harmony, North Carolina 28634 Subject: Land Application Inspection Permit No. W 09 79 (non- 9 ) Irpoll County Dear Mr. row Enclosed is a report for the inspection of the non -discharge permit that was conducted on July 14, 2009. The report indicates compliance with the subject permit, Please note that T ON's permit expires May 31, 2010. The permit requires renewal be submitted six () months in advance b December 009. The ttach d report shouldbe self-explanatory, however, if you have any questions, please contact me at (7 ) -1 99, Ellen Huffman , c: EMA Resources Ed Hardee, LAU Residuals Program Coordinator 11 RO fibs 1617 Mail Service Center, Palei h, North Carolina 27699.1617 Lxatiom 512 K SaHSIDU'y Str North Carolina.. 27604 Phony 919-807- O 4 P9 91M07-6492 V Customer Serv,ice:1-877-628-6748 Internet: n ate iality o One NorthCarohna ti Ilia MIN NOWDISCHARGIE COMPLIANdE INSPECTION GEVE2AL WFOPMA TION Permit No.: �8=000701 Last Amended DateA SOC Issuance D te - aanticabte Pormittee CohtaDan CroWe ORC Name: ORC X.ROUTINE —COMPLAINT Expiration Date. May 31, 2010 Expiration DateNIA Telephone No.: 704546-2602 Telephone No.: - 8/U ORC: —FOLLOW-UP OTHER T ype.of npii® —Collection System Spray Irrigation X Sludge Other ir .rrP "Mit of follow..r V!��Ubn notessaty _.Jes �_� no Inspector(s) Name(s)/Title(s) Ellen Huffman/Specialist Telephone No, _Zq4jqqa:j�q�Fax No� 704/663-6040 Date of Inspection july 14,2009 Residuals Inspection pg 2 W00000701 TYSON Harmony July 14, 2009 Type of R sidual X Land Application (non 503) chicken processing waste, Record Keevina Y-yes N-no N/A -not applicable N/E-not evaluated Y Copy of current permit available at residual generating site Current metals and nutrient analysis (see permit for frequency) TCLP analysis, N/E S,SFA (Standard Soil Fertility Analysis) N/E Nutrient and metals loading calculations (to determine most limiting parameter) YTD Y _ Hauling records (# gal and/or ton hauled during calendar year to date) N/A Field loading records, Y Field site maps and information W—E —Records of lime purchased N/E Pathogen & Vector Attraction Reduction (VAR) N/E Field inspection records 188 Sludae, treatment see notes above. Trap2port TYSON has used EMA Resources for NC applications but is currently only land applying in South Carolina using Terra renewal Services (TRS). LIMM1�11mix-i 01-11 MUMMUMMMUMIM stoLqge It was noted last year (insp. Sept. 2008) that TYSON had planed to replace the 500,000 gal• storage tank in the next couple of years. It was discussed that TYSON consider rehabilitation of the existing tank, if feasible, TYSON will need to have the tank inspected once it is emptied, make any repairs deemed necessary, and once repairs are complete, have an engineer verify that it is sound, MAE Mes rage TanK naa only a reW Teet OT waste in it atine Time of Mis inspection, lor was minirnal. Residuals Inspection pg 3 1 Harmony SS am lire Describe Sampling: Is sampling adequate? _N/E Is sampling representative? l Field Sites end use for class B biosolid i No land application activity at the time ofinspection. Permit on site during application Spill plan on site Buffers adequate Cover crop specified in permit Documented exceedances of PAN limits Site condition adequate Signs of runoff / ponding Rain Gauge on site Odors/vectors(at land application site No land application activity at the time of inspection Odors present 'tears present r, Dan Crowe SO „ Foods, Harmony Plait 1 Sheffield lid.. Harmony, North Carolina Subject. Land ,application Inspection Permit No,WQ0000701(non-503) Irdll County Dear Mr. Crowe - Enclosed is the inspection report for the inspection of the non -discharge permit that was conducted on September 25, 2008, The report indicates compliance with the subject permit, it, including lab data, record keeping, and field conditions, The attached report should be self-explanatory, however, if your have any questions, please Contact me at ( -1 gg. Sinct erely, F _ Ellen Huffman Environmental Specialist (mac: EMA Resources Ed Hardee, LAU Residuals Program Coordinator MRO tiles Ow Division of Water Quality f Aquifer Protedon Section 1 Moor svRi e Regional Office Phone (704) 663-1699 Fax (734 663-6040 ns 610 East Center venue, SuAe 301, Moor svale. NC 28115 Internet: uytt u ty 9 Flllr State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary, Alan W. Klimek, P.E. Director NON -DISCHARGE COMPLIANCE INSPECTION GE.,%,"FRA 1,,VP'0R,1M770i\' chNnrrov,,momier'. —TYSON. Ise rmitNo„ Last Amended Date: N/A SOCK Issuance Date (if applicable): N/A Perraittee Contact: Dan Crowe ORC Name., OR C Cert,#: County-. Ire ell Issuance Date: JunLe 2 J6 — 2 =006 Expiration Date". May -3 1_._20 1 Q Expiration Date. N/A — 'relephoneNo,-. 704346-2602 Telephone No.: 70.4/ — BfU ORC, none listed X ROUTINE --COMPLAINT ____l','OLLOW-UJ` __'____0TlJER Trve of inspection —Collection System __Spray Irrigation X _ Sludge ---Other Inspection SummarE: (additional conintents inar, be included on altacLiet LL,)qgc�.vj TYSON has not land applied any sludge this year and does not expect to apply any sludge for 2008. A NOV -was issued by FRO for over application on a field in the FRO region in 007, This over application was due to contractor error. TYSON is working with the FRO to resolve the issues. TYSON plans to replace the current 500,000 gal storage tank in the next couple of years. One possible option is to convert an e'xisting w--Nvtp tank located near the LEA F building (,600,000 gal, tartk- -sera longer used by the wivtp). Currently, TYSON is using Terra Renewal Services for sludge land application in SC. TYSON Mans to keep the NC permit active but, is currently researching ways to phase out land application all together and is seeking other avenues of reuse/disposal of the byproduct frorn the subject permitted facility, Inspector(s) Narne(s)/Title(s)' Ellen Huffman / E-nK,,Spc alist Telephone No. 704/663-1699 _-Fax No. 704/663-6040 Date of Inspection 5,e T, t 2 5 2 (,l%L8 Residuals Inspection p °" 0000701 TYSON Flarniony 09/25/2008 Type of Residiral Lard 'application (class B) — Distribution and Marketing (class A) Land Application no 0 3 Record Ca ra Copy of current permit aN-a,ilable at residual generating site Current metals and nutrient analysis (see permit for frequency) 'rcLP analysis, __SSF (Standard Sail Fertility A-n aly is) N/A Nutrient and metals loading calculations ons (tea determine anost limiting paraarnete.r) YTD N/A Hauling records (9 gal and/or tease hauled during calendar year to date N/A Feld loading records, Y field site swaps and information r' Records of lime purchased N,A Pathogen & Vector Attraction Reduction (VAR N/A Field inspection records TC P testing i . c n arir d ra ? r� _,..rit cla, ecaal tcstir� irs rustqjsirc4.la)° ectioiLKthe raMduct is rec aair err 1 , °t'laet°r l a laeerr r°r lanai stet � _tic tip acta� it ° tar''00T Sludgetreatment see notes above. r a ns, ort Sludge land application is contracted out. 'I"YSON! has used EMA Resources for NC applications ns but is currently only land applying in South Carolina using 'I erra renewal Services {'TRS). Condititanas atrad pia aatlaau�art t rau I a Tliere Brats been no laurel app, l cation activity_.l r° 2008. toram ,"Vu b r a� `all�a s°�aa>c. �.`rrra�rttla.� aaf ;storage Describe storage- 'YSOA,f parrs to replace the current 500,000 gal storage tank in the na rt couple (,lt° lcars. ,(..)ne possible option is to convert an, existing rail q) tonk ('00,liti0 gaol. - tree longer used by the wivtp) locaata°cl near the 114) ` builaling. Sampling Describe Sampling: Is sampling aadeclaaat ? yes is sampling representative? Yes Residuals Inspection Egg 09/251/2008 Field Sites d use for class R l i jft jj! s No leind gj',q)lic ation ctivi�y tit the time of ins metion —Pernut on site during application Spill Plan, on site Buffers ad gUat � Curer crop specified in perrnit Documented exceedances of PAN limits Site condition adequate _ Signs of runoff t° +i ndin _ (if no, improvements recommended,) Rain Gauge on site during application Are there any finuting slopes on fields'' 1 ",,,'o for surface application l % for subsurface application Odors/vectors (at laid ap ication sits) c l(i ii l c-r � lic,ati n a ti iitvv at the tirne q,l'insl7ection Odors Present Vectors present AMrS B: HUNT RM Mr. Dan Crowe GOVERNOR Tyson Foods P.O. Box 158 Harmony, NC 28634 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATuRAL RESOURCES MOORESVILLE REGIONAL OFFICE October 19, 2000 ubjJect Non -discharge Inspection Tyson Harmony Facility Permit No. W 0000701 Iredell County Dear Mr.Crowe: Enclosed is the noon -discharge (land application) inspection report for the inspection that was conducted on October 2, 2000 by/ figs. 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 Ro ers field from the subjJect perinit due to odor complaints from a neighbor. The inspection report should be self-explanatory; however, if you have any questions, please contact Mrs. Huffman or me at (704) 662- 99. Sincerely, a I e� Gleason, P.E. , Water Quality Regional Supervisor Attachment cc. Non -Discharge Compliance/Enforcement Unit f� vv k k N NCRR'Y':M MAIN STREET, M OORESVILLE, NORT14 CAROLCNA 81 15. FAX P'moNE 704-663-1i699 7d.5�-��-�ia�CS' AN EQUAL i»MWPK,sRi"vNtTY / AFFIRM�ATIVF ACTION EMPLOYER« SO REGY� LKO/$ 0 p4*G➢S3'- ONS4 MCR PF4PER tto ercif North Carolina art P! Depof Environment aM' and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director GENERA L INFORA14 TION Ciry/Town/Owner: Tvson - Hgjn2jjyTlan_t_ �Pcrrmt No.: Last Amended Date: if applicable SOC issuaNe DaW __NZA. Permittee Contact: Dan ORE Name - mmi County: Iredell. QavieWilkes Yadkin Alexander, & Rowan Counties Issuance Date, March l 1998 Expiration Date: Aril 30, 2000 Expiration Date: N/A Telephone No. 336-838-2171 Telephone No.: 336/492-6395 AegLon or Inspection —ROUTINE —COMPLAINT X FOLLOW-UP —OTHER LWe oLins Lection _ —Collection System —Spray Irrigation X Sludge —Other Inspection Summarv: additional comments mat be included on attachedXygesi This is the follow-up land application inspection, conducted on 10-2-00, and referenced in the storage facility inspection report dated October 2, 2000. Tyson has contracted EMA Resources as their land application contractor. EN4A Resources recently started land application activity (from Harmony storage only) on land permitted in Alexander 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 (10-4-00) from a nearby neighbor. There was a slight odor detected at the time of inspection and also on 10- 10-00. After careful consideration, Tyson has decided to remove this field (Vaughn Rogers) from the permit, This permit 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 afollow-up inspection necessary _Yes X 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 October 2,2000 Residuals Inspection Pg 2 Tyson WQ0000701 Iredell County Tvne of Residual X Land Application (industrial residuals) — Distribution and Marketing (class A) Record KeMing No land application activio,, at timepf inspection. YIN y_ Copy of current permit available at residual generating site Y Current metals and nutrient analysis (see permit for frequency) Y TCLP analysis _SSFA (Standard Soil Fertility Analysis) Y Nutrient and metals loading calculations to determine most limiting parameter) Y Hauling records- # gal/tons hauled during calendar year to date Y Field loading records Y Field site maps and information n/a Records of lime purchased (only used when residuals are surface applied) n/a Pathogen & Vector Attraction Reduction Comments- Field buffers flagged appropriately. Appropriate records available for inspection, as required. Pitthoacti & Vector AjLtraditm Reduction rEord� (che& Which methods apply) INM-see comment b0ow. Fecal coliform Not required — SM 9221 E (Class A or B) (Class A, all test must be <I 000 MPN / dry gram) (Class B, Geo. mean of 7 samples/monitoring period - <2- 0 * 106 CFU / dry grain) SM 9222 D (Class B only) 106 (Geo. mean of 7 samples/monitoring period for Class B <2.0* CFU / dry gTam) 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 )_gLa Residuals Inspection pg 3 Tyson WQ0000701 Iredell County, Treatment (check treatment type(s) used) AIM Comment: Residuals are considered an industrial waste product. See comment under pathogen and vector attraction. Treatment not required by current permit, Treatment may be required under the Federal 40 CFR257 rules. n/a Aerobic digestion n1a Autothermal Thermophilic Aerobic Digestion (ATAD) n/a Anaerobic digestion n/a Drying beds (may not meet 503's) n/a Alkaline Stabilization Lime other- X Compost (che& treatment type used) Windrow-ri/a ,, Aerated Static Pile n/a In vessel _1�a Other 'Tartscart Permit in transport vehicle? Y Spill control plan in transport vehicle? Y Does transport vehicle appear —to be maintained? Y �Op �LaWjoance records Calibration records of land apoication equipment yo Condition of land Vocation equip ent on 8W ggo rpm -4, Storage - Number of months storage -10 days Describe storage: above around tank with a, 520,000 ggllnn ca aci (if more than 2 yrs, does facility have Surface Disposal Permit?) _n/a Storage was inspected on September 19, 2000. Spill control plan on application site? yes Lagoon _ Is lagoon lined Above ground tank X Aerated Mixed X Drying beds — In ground tank n/a Aerated Mixed Concrete storage pads Residuals Inspection leg Tyson, WQ0000701 lredell County, Is sampling adequate *X is sampling representative *The new contractor, EMA, has contracted with Tyson to apply I waste residuals from the Harmony storage facility, which contains the residuals generated from the Alfa Lavel decanter process at the Harmony Plant. Field Sites Y oar Permit on site during application Y Shill plan on site Buffers adequate Y Cover crop specified in permit Y Documented exceedances of PAN limits Y Site condition adequate __�L Suns of runoff / pondin (f no, improvements recommended Rain Gauge on site during application Comments- rain gauge was not in place at the time of inspection. EMA has ordered rain gauges for future land application events, Are there any limiting slopes on fields? Y'/N 1 % for surface application 18% for subsurface application Monitoringwell(s) in permit.- no If yes, Location of well(s) Odors/vectors Odors present yes-see-conunent Vectors present no Describe any nuisance conditions and any corrective actions needed. Comment: Tyson has a long history of odor problems. The material does have a strong odor. Injection helps minimize the odor greatly and is the only suitable gray to land apply this material. This permit does not require Tyson to stabilize the material. State of North Carolina D"rtntent of Environment and Natural Resources Division of Water Qualify 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: !CERTIFIED MAIL RETURN RECEIPT REQUESTED Subject: Notice of Violation and Recommendation for koi6r'coment Perin it Nlo. WQ0000701 Tyson Foods, Inc. Land application of Wastewater Residuals Iredell County This letter is to notify Tyson Foods, Inc. that theMooresville 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 for violations of Permit No. WQ0000701. The Non Discharge Compliance and Enforcement Unit has completed a preliminary review of the submitted 2000 Annual Report of land application activities for the subject facility. The following violations were noted: 1. The soil pH of the following fields was not maintained at 6.0 or greater: Field P—H— RAI-B 5,7 RAI-N 5.1 RBI-G 52 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 #52-0 1 -0 1 Raleigh, NC 27699-1617 An Equal Opportunity I Affirmative Action Employer 50 %o recycled / 10% post- consioner paper http.-IM20. enrstate. ne. us P ppp� Tyson Foods, Inc. 'o Tys P PPagge 2 Field Crop PAN JESunds per acre Permit Limit RAI-N Corn (silage) 2603 200 RAI-P Soybeans 284.9 200 GD-0 I Fescue 332A 250 WK3-02 Corn (silage) 2915 200 FID-0 I Fescue 328.6 250 These are violations of Peninit Condition It. 4. which requires application rates not to exceed 200 lb,/ac. for corn, 200 lb./ava for soybeans, and 250 lb./ac. for fescue. 1 No annual residual analysis was conducted in 2000 for the Stickwater Plant. This is a violation of Pennit Condition 111. 4. which requires the Perinittee to conduct an annual residual analysis from the date of permit issuance and the results to be maintained on file by the Pertnittee for a minimum of five years. You must submit a plan that describes the actions to be taken to comply with Permit NoWQ0000701. 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 triplicatdo 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 wi I I 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 Supervisor cc: Non -Discharge Compliance / Enforcement Unit Non -Discharge Pennitting Unit Mooresville Regional Office Technical Assistance and Certification Unit Central Files AfafflngAddrevTelephone (919) 733-50k; 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 27699-1617 An Equal Opportunity / 41firmative Action Employer 50% recycled / 10% post�consumer paper hap:h1h20, enr,,vate. ne. us IFis NC Nish=s Mire] BUSINESS SPORTStl HELP CLAS Oi M, Published, Thursday, Juiy 12, 2001 9,03 p.m. EDT Tirson contracts r plant to tum. chicken litter into energy .t �� 0 b M N' r PRINGDAL , Ark, (AP) .._ Tyson Foods Inc. has router frien version � � joined with a firm from Australia to build a plant in —rh Virginia that will burn chicken litter to create L friend steam energy, In a Thursday announcement, Tyson said the I companies will build the 1 million facility next to t , ii a Tyson poultry processing plant at lists qgt news weather Temperanceville. a. � that will convert chicken movrnu ii; __ lifer and sludge. The steam will beused in Tyson`s Temperanceville facility, The companies will draw on the approximately 85,000 tons of chicken litter produced each year in the Delmarva region. Renewable Energy of Australia, which has a Charlotte, N.C., office will build the , plant:. \4'Y£ "We have searched long and hard for the right technology and the right partner with which to loin forces," said Greg tee, Tyson Foods' chief operating officer. � This facility will provide yet another attractive alternative, as we continue to work hard to protect and preserve the Chesapeake Bay region," 5 The technology to be used in the plant was developed by Renewable Energy � 3 and is in use in more than 600 similar units worldwide„ the companies said. The process will reduce sulfur emissions from conventional boilers currently 4 l being used, and will significantly reduce the current land application of chicken litter and sludge in the Chesapeake Bay region, fir tiL�p The primary byproduct of the system will be an ash that is high in nutrients that will be sold to fertilizer manufacturers. � Once ground is broken, the project will take about 18 months to complete. Air permits and other environmental clearances are pending from the state of ~ Virginia: All raw materials will be delivered to the plant in tank trucks or covered trailers to keep down dust and odor. Feedback 11 Parental Consent 1l Erivar EoLi 11 ti r ru st �' � 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 14ARMONY,NORTI-I CAROLINA 28634 Dear Mr. Crowe: Now bi, is "MoDENR NORTH CAROLINA DEPWRTMENT OF ENVIRONMENT ANO NArURAL RESOURCEES June 15, 2001 Subject: Permit No. WQ0000701 Tyson Poultry, Inc. Harmony, NC Rendering Plant Land Application of Residuals from the Treatment of Other Wastewater Iredelt County In accordance with your application received on November 4, 1999 as well as the additional information received on November 29, 1999; Novem her 4, 2000; May 29, 200 1; and June 14, 200 1, 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 from the treatment of industrial wastewater on agricultural land, but also increases the volume of residuals permitted for land application (i.e., 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 pert -nit 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., frorn approximately 2,270.00 acres to approximately 2,589.56 acres). This permit shall be effective front the date of issuance until May 31, 2006; shall void Permit No. WQ0000701, issued March 31, 1998; and shall be subject to the conditions and limitations as specified therein. Please take time to review this permit thoroughly, Of special interest are the following new and amended provisions: ♦General: The Permittce for this permit has been changed from Tyson Foods, Inc. to Tyson Poultry, Inc,, as the latter is corporation name that is property 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 frorn 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. rr Condition 1. 1.: This new condition requires the Pe Witte 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, treatment, and storage in order to facilitate the operation of the residuals land application program in a more effective and efficient manner. rItr Condition 1, 2.: This new- condition requires notification of local governmental officials immediately prior to land application of residuals onto a newly-perinitted 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% recycledill 0% post -consumer paper I + Condition 1. 3.: This new condition requires that the appropriate regional office is notified immediately prior to any time that a land application event is initiated in a region. + Condition 1. 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 ll. 4.; This new condition has been added to the permit to help address high salt content in the residuals, * Condition 11. 5,: This new condition requires the Perinittee to account for nutrients applied to land application sites in the form of animal waste when determining agronomic loading rates for the residuals. * 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 11. 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 11. 9.: This condition has been amended to reflect the adoption of new rules by the Water Pollution Control System Operators Certification Commission (WPCS)CC ). The referenced regulation is now 15A NCAC 86 .0202. + Condition 11. 11.: 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 11. 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 Ill. 2..: Additional recordkeeping requirements related to the volume of soil amendments anti animal waste have been added to this condition. + Condition 111. 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. 0 Condition Ill. 7.-, This condition has been amended to reflect the new mailing address to be used when submitting all monitoring and reporting information. 0 Condition Ill. 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 IV. L: 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, 2 + Condition I. 1: 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 I 00-year floodplain, + Condition I. 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 V1. 7.: Language has been added to this condition to provide examples of some other rules and regulations that may of 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 form 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 Perin it shall be final and binding. If you need additional information concerning this matter, please contact Ms. Shannon Mohr Thornburg at (919) 733-5083, extension 353. Sincerely, Kerr T. Stevens cc, EMA Resources, Inc, Alexander County Health Department Davie County Health Department Moore Count), 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 3 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 t,avvs, 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 frorn the source listed in Condition It. 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, Novern her 4, 2000, May 29, fill, and June 14, 001, and in con form ity 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, 1998; and shall be subject to the following specified conditions and limitations: 1. 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 It. 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 infon-nation 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„ 2, The appropriate local governmental of (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. 1 The Fayetteville Regional Office, telephone number (910) 486-154 1, 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-disebarge 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 below 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. 'fire 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 minirnum 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 minimmu 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 11 impounded reservoir used as a source of drinking water for both methods; & 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; N g, 50 feet from public right of ways for both application methods; It 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. I I , 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 11 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. 14All residuals land applied under the conditions of this permit 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. OPERATION AND MAINTENANCLAEQ111REMEM 1. The facilities and land application sites shall he properly maintained and operated at all times. 2. A suitable vegetative cover, as listed in Condition 11, 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 H. 6. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4Due 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 111. 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. 3 6. The application rate of residuals to any land application site shall be such that the following PAN loading rates shal I not be exceed the following specified crops: PAN (trounds/acre/vear ) Alfalfa 200 Forest (Hardwood, Softwood) 75 Bermuda Grass (Flay, Pasture) 220 Milo too Blue Grass 120 Small Grain (Wheat, Barley, Oats) 100 Corn (Grain) 160 Sorghum, Sudex (Pasture) 180 Corn (Silage) 200 Sorghum, Sudex (Silage) 220 Cotton 70 Soybeans 200 Fescue 250 Timothy, Orchard, & Rye Grass 200 7. No residuals other than the following are hereby approved for land application in accordance with this perm it: Permit Volume Source Counix Number (dry tons/vear) Tyson Poultry, Inc. Iredell NPI)ES Permit No. NCO005126 5,543- Harmony, NC, Rendering Plant 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 Plant and Wilkesboro, NC Plant (ie., Pretreatment Permit No. 1003-1, issued by the Town of Wilkesboro) of Tyson Poultry, Inc.; at the Case Farms Facility in Burke County, NC (Non -Discharge Permit No. WQ000751 1); and the Townsend Foods, Inc. Plant in Chatham County, NC (i.e., 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 be land applied "as is" (i.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 Penn ittee shall request approval of a formal Penn it 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): Parameter CC < 5 CC 5 to 15 CC > 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, Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified land app li cationlresi duals operator to be in responsible charge (ORQ of the program. 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 Amd 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. 11 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 land application, 13. 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 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 following 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 shall not be applied to any land application site that is flooded, frozen, or snow-covered. IT Residuals shall not be applied at rates greater than agronomic 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 be used to prevent access after each application event. 19, 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. I X 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, 2L 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. 22, 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 months prior to incorporation into the soil. 21 Turf shall not be harvested for one year after residuals land application. 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. 2. 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 info rmation- a. Source of residuals; K 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; h. Volume of soil amendments (i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton 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 j. 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, 3: 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 6 Copper PH Base Saturation (by calculation) RM 4residuals analysis shall be conducted every 60 days from the date of permit issuance by the Permittee, and the results shall be maintained on file by the Perrnittee 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 fallowing parameters: Aluminum Ammonia -Nitrogen Cadmium Calcium Copper Lead Magnesium Nickel N itrate-N itrite Nitrogen Percent Total Solids PH Phosphorus Potassium Sodium Total Kieldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) After the residuals have been monitored for two years at the above frequency, the Perminee 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 less than once per year when residuals are land applied. 5A Toxicity Charweristiex Leaching Procedure (TCLP) tmalysis� Audi be, conducted by the Petmittee once or perrmt cyeleThe TCLP atudysis 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 (I WO) Chloroforru (6,0) Chromium (5.0) o-Cresol (200.0) m-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, I-Dichloroethylene (0,7) 24-Dinitrotoluene (0. 13) Endrin (0,02) l4eptachlor (and its hydroxide) (0.008) Hexachlorobenzene (0.13) 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) Pentachlorophenot (I WO) Pyridine (5.0) Selenium (1.0) Silver (5.0) Tetrachloroethylene (0.7) Tosaphene (0-5) Trich loroethy lene (0.5) 2,4,5-Trichlorophenof (400.0) 2,4,6-Trichlorophenol (2.0) 2,4,5-TP (Silvex) (1.0) Vinyl chloride (0.2) 6. The residuals shall must be monitored every 60 days from the date of permit issuance by the Permittee for compliance with Condition 1. 13of this permit (i,e., if compliance with pathogen reduction requirements if needed), Data to verify stabilization of the residuals shall be maintained by the Permittee. 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 Part 257 Appendix 11, T Three copies of all required monitoring and reporting requirements as specified in Condition 111. E, Condition Ill. 2., Condition [it. 3,, Condition 111. 4., Condition 111. 5., and Condition IlL 6, shall be submitted annually on or before March Ist of the year following the land application event to the following address: NCDENR-DWQ Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 8, 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 fredell 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, abrionnal 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, & 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 land application site. Persons reporting such occurrences by telephone shall also file a written report in letterform, 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. 11101 1 ii I 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 table elevation 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 be properly filled in with native soil prior to the land application event to decrease the chance of any residuals from contaminating the groundwater 1 'The COMPLIANCE BOUNDARY for any land application site shall he specified by regulations in 15A NCAC 2L (i.e., "Groundivater Classifications and Standards"). The Compliance Boundary for each site initiated after December 31, 1983 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 8 exceedance of groundwater quality standards at the Review Boundary shall require remediation action on the part of the Permittee. 3, Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided, V. INSPECTIONS I. Prior to cacti 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 which may cause or lead to the release of wastes to the environment, a threat, to human health, or a nuisance. The Pemiittee shalt 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 Perm ittee. This log of inspections shall be maintained by tire 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 duty authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect anyproperty, 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. Vt. GENERAL CONDITIONS I 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 mariner approved by the Division. I This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. I 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] Site No. O-Arner/Onerator or Lessee buffers Atexander County _Lexcludin AL3-1 Walter Vaughn Rogers 17.E AL3-2 Walter Vaughn Rogers 212 AIJ43 Walter Vaughn Rogers 38.8 AL34 Walter Vaughn Rogers 112 ALM Walter Vaughn Rogers 12,8 Al-3-6 Walter Vaughn Rogers 18.3 AL3-7 Walter Vaughn Rogers 14. 1 AL3-8 Walter Vaughn Rogers 10.1 AL3-9 Walter Vaughn Rogers 4.6 AL3-10 Walter Vaughn Rogers 1&0 AL3-1 I" Walter Vaughn Rogers 119 AL3-12 Walter Vaughn Rogers 29.4 AL3-13 Walter Vaughn Rogers M6 9 AL3-14 Walter Vaughn Rogers AL3-15 Walter Vaughn Rogers AL3-16 Walter Vaughn Rogers AI-3-1 ,palter" au hn Rogers TO TALA CRES IN ALL XANDER COUNTY N M08-1 M08-2 M08-3 M08-4 M09-4 Mtn 10-1 M010-2 MO 10-3 RMI-I RM 1-2a" RM2-1 RM2-2 RM3-1 RM3-2 RM3-3 RM34"' Rm3-5 a, b RM4-2 RM4-3 RM44 RM5-1 , ,A, b RM5-2 � RM5-3 a, b RM54 RM7-1 RM7-2 RM7-3 RM7-4 RM7-5' RM7-6' RM7-7 " Owner/Oera tor or Lessee Davie County Greg Dooley Herbert E. Dooley Herbert E. Dooley TOTAL ACRES IN DA VIE COUNTY Moore County Ralin Matthews Rahn Matthews Rahn Matthews Rahn Matthews Rahn Matthews Ralin Matthews Ralin Matthews Rahn Matthews TOTAL A CRES IN MOOR E CO UNTY Richmond County Robert "Bobby" T. Williamson Robert "Bobby" T, Williamson Robert "Bobby" T. Williamson Robert "Bobby"" T. Williamson Robert "Bobby" T. Williamson Robert "Bobby"'r. Williamson Robert "Bobby" T. Williamson Robert "Bobby" T,, Williamson Robert "Bobby" T. Williamson Robert ""Bobby"' T. Williamson Robert "Bobby" T. Williamson Robert "Bobby" T. Williamson Robert "Bobby" T. Williamson Robert "Bobby" T. Williamson Robert "Bobby" T. Williamson Robert "Bobby"' T. Williamson Robert "Bobby" T. Williamson Robert "Bobby" T, Will iamson Robert "Bobby" T. Williamson Robert "Bobby" T. Williamson Robert ""Bobby"" 'T, Williamson Robert "Bobby" T, Williamson Robert `"Bobby" T. Williamson T07AL ACRES INRICHMOND COUNTY 29,9 8.0 10.8 10.6 Kf"a 66.6 16A 215 110 50.1 75.0 83.0 20.6 347.2 59.7 818 113.E 41.6 IT5 90.3 32,8 65.1 633 41,1 50A 85.7 42.6 3&2 36.6 71. 13,1 23.0 112.3 41.9 78,9 753 31.4 to 0 Sorry County Sul_ I a Monroe Johnson and Walter Johnson SU 1-2 Monroe Johnson and Walter Johnson SUI-4 Monroe Johnson and Walter Johnson SUI-5 Monroe Johnson and Walter Johnson I Application Area tacres] Site No. Owner/Ontraptor or Lessee _.Lexcludinghuffersl Sorry County (continued) SUI-6 Monroe Johnson and Walter Johnson 7,5 SU 1- Monroe Johnson and Walter Johnson 14.3 Su 1-8 Monroe Johnson and Walter Johnson 7.6 Sul-9 Monroe Johnson and Walter Johnson 32.6 Sul-10 Monroe Johnson and Walter Johnson 11.7 Sul- ] I Monroe Johnson and Walter Johnson 21,2 SUI-12 Monroe Johnson and Walter Johnson 8.1 SUI-13 Monroe Johnson and Walter Johnson 11 SUI-14 Monroe Johnson and Walter Johnson 79 SU 1-1 Monroe Johnson and Walter Johnson 8.9 SUI-16 Monroe Johnson and Walter Johnson 123 SUI-17 a, b Monroe Johnson and Walter Johnson 473 SU I - I 8a " Monroe Johnson and Walter Johnson 10A SUI-18ba Monroe Johnson and Walter Johnson 12.7 SUI-194 Monroe Johnson and Walter Johnson 12.1 TOTAL ACRES IN Sig COUNTY 355.5 WKI_lb Diana Pardue Mathis / Talmadge Mathis 34.36 WK3-2� Donald and Mae Duncan / Donald Duncan 51.7 WK4- l' Donald Duncan 38.8 WIC 5-1 b Dwayne Myers 28.9 TOTAL ACRES IN WILKES COUNTY 153.76 TOTAL AVAILABLE ACRES 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 table is verified as described in Condition I. 1. b These land application sites are, subject to flooding or located within the Ili }-year flood plain and shall, therefore, be subjJect to the requirements in Condition II._ 12, This land application site has slopes up to 18 percent. Therefore, care shall be taken to ensure that no runoff of injected residuals occurs. I. 4 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 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 permit as specified by 15 NCAC 211 .0205 (c)(4). 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 (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 NCGO 100000, and any requirements pertaining to wetlands under 15a NCAC 2B.0200 and 15A NCAC ill .0500- 8. '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 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 incorporate 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 landowners and operators/lessees are in full 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 the fifteenth day of June, 2001 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission M State of North Carolina Department of Environment and Natural Resources Division of Water Quality hL ML Michael F. Easley, Governor William G. Ross, Jr., Secretary %WM MENU 1'q No a -14 R Kerr T. Stevens, Director NORTH CAROUNA DEPARTmF-NT OF ENVIRONMENT ANo NATuRAL REsouRcEs dane "00"! POST OFFICEBox 158 HARMONY, NORTH CAROLINA 28634 Subject: Permit No. WQ0000701 (Barmony, NC Rendering Plan Land Application of Residuals from the Treatment of Other Wastewater Iredell County Dear Mr, In accordance with your application received on November 4, 1999 as well as the additional infortnation received on November 29, 1999, November4, 2000, and 1hi _'XX 001, we are forwarding herewith Permit No. WQ00(10701, dated l r 8,, 210Q1111, to vson, Ine, 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 from the treatment of industrial wastewater on agricultural land, but also increases the volume of residuals permitted for land application (i.e., 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 permit is being modified to approve new land application sites as well as remove sites previously approved such that. there is a net in in the acreage approved to receive residuals (i.e., from approximately 2,270.00 acres to approximately 2I - 11-11-111 ,59,S'-,-1 9 acres). P This permit shall be effective from the date of issuance until May 31, 2001; shall void Permit No. WQ0000701, issued March 31, 1998; and shall be subject to the conditions and limitations as specified therein. Please take time to review this pertnit thoroughly. Of special interest are the following new and amended provisions: # General: The permit description has been modified to reflect the fact that the volume of residuals approved for land application has been increased from tip 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 259X, 9(1> acres. # Condition 1. 1,: 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, treatment, and storage in order to facilitate the operation of the residuals land application prograrn in a more effective and efficient manner. Condition 1. 1: This new condition requires notification of local governmental officials immediately prior to land application of residuals onto a newly -permitted land application site. Condition 1, 3.: This new condition requires that the appropriate regional office, is notified immediately prior to any time that a land application event is initiated in a region. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 71 "048 An Equal Opportunity. Affirmative Action Employer 50% recycletill 0% post -consumer paper Condition 1, 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. Qondition 1, 13.: This conditidia","has been amended to require that all residuals meet the federal pa I % duction requirements. Condition 1, 14.- This condition has been amended to reflect the fact that the residuals may only be land applied using a subsurface application method. Condition 11. 4,: This new condition has been added to the pennit to help address high salt content in the residuals, + Condition 11. 5,.- This new condition requires the Permittee to account for nutrients applied to land application sites in the form of animal waste when determining agronomic loading rates for the residuals. + 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 11. T: 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 B. 9.: This condition has been amended to reflect the adoption of new rules by the Water Pollution Control System Operators Certification Commission (WKSOCC). The referenced regulation is now 15A NCAC 8G .0201 + Condition 11. 1 L: 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'll. 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 111, 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 fi. every 60 days when land application is occurring. + Condition Ill. 5.: Note that is current Division policy to require that a, TCLP be perfrinned on the residuals at least once per permit cycle. Condition 111, 6This condition requires that monitoring to ensure compliance with the federal -pathogen reduction requirements be, conducted every 60 days when land application is occu rrii ng. Condition 111. 7.: This condition has been amended to reflect the new mailing address to be used when, submitting all monitoring and reporting information. + Condition 1,11. &: 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 IV. I.- 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, 2 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 hand application of residuals is now approximately ' 5_9 ,�?,6 ages (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 situ that are seasonally restricted as well as those that are located in the 1 Citi-year floodplain; Condition VI. 4x 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 pen -nit to a new owner or to reissue this permit such that it reflects a: name change of the Perrnittee Condition VI, .: Language has been added to this condition to provide examples of some other rubs and regulations that may affect non -discharge systems like this one. Please pay particular attention to the monitoring d 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 problenns: If any parts, requirements, or limitations contained in this pen -nit are unacceptable, you have the right to request an a judicatory hearing within 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, 6714 Mail Service Center, Raleigh, NC 27699-6714, Unless such demands are made, this permit shall be final and bindinng, If you need additional information concerning this matter, please contact Ms. Shannon Mohr Thornburg at t 1q 33-5083, extension 353. Sincerely; Kerr T. Stevens cc: EMA, resources, Inc. Alexander County Health Department artment Davie County health Department' Moore County Health Department Richmond County Health Department So rry County Health Department Wilkes County Health Department. Fayetteville regional Office, Water Quality Section Fayetteville Regional Office, .groundwater Section Mooresville regional Office, Water (duality 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 3 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RE SOURCES 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 IJEREBY GRANTED TO hm's-01-11-1--00—d-s-1 —Inc. Iredell County FORTHE 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 11, 7. onto approximately 2,598, 96 acres of agricultural fields in Alexander, Davie, Moore, Richmond, S'lov, : 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 infortnation received on November 29, 1999, November 4, 2000, and .Alun, X1X,, 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 pen -nit shall be effective from the date of issuance until May 31, 2006; shall void Permit No, WQ0000701, issued March 31, 1998; and shall be subject to the following specified conditions and limitations: 1. PERFORMANCE STANDARDS I 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 11. 7. Within this same timefrarne, 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, ' 0�qA(,(', , 1i?,, Harmony, N'C 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 27699-16I7. 2. The appropriate local 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 of 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 initiating a 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 initiating an 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 initiating an event on any site in Davie County, Sorry Cowny. 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 Pennittee of the responsibility for damages to surface waters or ground water resulting from the operation of the residuals land application program. 7In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Pennittee shall cease applying residuals to the land application site, contact the appropriate regional office, and the any immediate corrective actions as may be required by the Division. 8, Some of the buffers specified below 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 11, impounded reservoir used as a source of drinking water for both methods; tl. 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; 2 S. 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, 9A copy of this permit shall be maintained at any land application site when residuals are being applied during the life of this pert -nit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. M 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, 11 When wastewater residuals 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 11 shall be met. Additionally, an evaluation shall be perfon-ned 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, '50ill MMMMIMMMI II OPERATION AND MAINTENANCE RE, QUIREMENTS 1. The facilities and land application sites shall be properly maintained and operated at all times, 2. A suitable vegetative cover, as listed in Condition 11. 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 11, 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 111, 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, 3 5e Prior to applying residuals to any land application site that has previously received or is intended to receive animal waste (eg., 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 be land applied to the site such that the: plant available nitrogen (PAN) loading rate for the specified crop (i.e., see Condition 11. 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, 6The application rate of residuals to any land application site, shall be such that the following PAN loading rates shall not be exceed the following specific-d crops: Cron PAN (noundslacre/vear ) Cron 'PAN, (goundL/acE / earl Alfalfa 200 Forest (Hardwood, Softwood) 75 Bermuda Grass (Hay, Pasture) 220 Milo 100 Blue Grass 120 Small Grain (Wheat, Barley, Oats) 100 Corn (Grain) 160 Sorghum, Sudex (Pasture) 180 Corn (Silage) 200 Sorghum, Sudex (Silage) 220 Cotton 70 Soybeans 200 Fescue 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 llollowing are hereby approved for land application in accordance with this permit: Permit Volume Source county, Number (d UjMstyga r I 1,1'son fredell NPDES Permit No. NCO005126 5,543- Harmony, NC Rendering Plant The 5,543-dry tons per year of residuals to be land applied Linder the conditions of this permit are generated from the treatment of wastewater at the Barmony, NC Rendering Plant and Wilkesboro, NC Plant (i.e., Pretreatment Permit No. 1003-1, issued by the Town of Wilkesboro) of 1�,soq at the Case Farms Facility in Burke County, NC (Non -Discharge Permit No. WQ000751 1); and the Townsend Foods, Inc, Plant in Chatham County, NC (i.e., NPDES Permit No, NCO026441). All residuals are mixed and treated at the Ivvyi /,ynls, hic, 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" (i.e., without mixing and treatment at the '/'rkon t Harmony, NC Rendering Plant, Should it be desired toland apply the residuals generated by the individual plants/facilities "as is" once again, the Permittee shall request approval of a formal permit modification from the Division, 4 8The 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)-. Parameter CEC < 5 CEC 5 to 15 CEC > 15 Lead 500 1000 2000 Zinc 250 500 1000 Copper 125 250 500 Nickel 125 250 500 Cadmium 4.5 9 18 9Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittec shall employ 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 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 M02. M Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. IL Surface -applied residuals shall be plowed or disced within 24 hours after application on land application sites with no cover crop established. Ail acceptable cover crap 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 land application. 11 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 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 runotT 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 following 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 shall 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 agronomic 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 be used to prevent access after each application event. 19, 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. X 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. 2L Food crops with harvested parts below tire surface of the land (i.e,, root crops such as potatoes carrots, radishes, etc.) shall not he harvested for 20 monthsafter application of residuals when the residuals remain on the land surface for four months or longer prior to incorporation into the soil. 22, 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 months prior to incorporation into the soil. 23. Turf shall not be harvested for one year after residuals land application. Ill. MONITORING AND REPORTING REQULREMENTS 1. 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 t shall be established and an acceptable sampling and reporting schedule shall be followed. , Proper records shall be maintained by the Permittee tracing all residuals land application activities, These records shall include, but shall not necessarily be limited to, the following information: a. Source ofresiduals K bate of land application c. Location of land application ii.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 gown on field h, Volume of soil amendments (i.e., time, gypsum, etc.) applied in gallons per acre, dry ton 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 j. ,annual and cumulative totals of dry tons per acre of residuals and animal waste (if applicable), manual 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. 3. A representative annual sails analysis (i,i,e., Standard Soil fertility analysis) shall be conducted on each land application site receiving residuals in the respective calendar year, and tlae results shall be maintained can 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 pf f Zink Base Saturation (by calculation 0 4. A residuals analysis shall be conducted every 60 days from the date of permit issuance by the PeruFitt ee, and the results shall be maintained on file by the Pertnittee 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 Magnesium Potassium Ainmonia-Nitrogen Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen Calcium Percent Total Solids Zinc Copper pH Plant Available Nitrogen Lead Phosphorus (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 less than once per year when residuals are land applied. 5A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee 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) 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) o-Cresol (200.0) m-Cresol (200.0) p-Cresol (200.0) Cresol (200,0) 2,4-D (10,0 1,4-1 ielilorobenzene (7.5) 1,2-Dichloroethane (0.5) 1, 1 -Dichloroethylene (0.7) 2,4-Dinitrotoluene (0,13 Endrin (0.02) Heptachlor (and its hydroxide) (0.008) Hexachtorobenzene (0 13) Hexachloro- 1,3-butadiene (0. 5) Rexachloroethane (3 .0) Lead (5.0) Lindane (0.4) Mercury (0.2) Methoxychlor (I Om0) Methyl ethyl ketone (200.0) Nitrobenzene (2.0) Pentachlorophenol (100 , 0) Pyridine (5.0) Selenium (1.0 Silver (5.0) Tetrachloroethylene (0.7) Toxaphere (0.5) Trichloroethylene (0,5) 2,4,5-Trictiloropbenot (400,0) 2,4,6-Trichlorophenol (2.0) 2,4,5-TP (Silvex) (1.0) Vinyl chloride (0,2) 6; The residuals shall must be monitored every 60 days from the date of permit issuance by the Permittee for compliance with Condition 1. 13, of this permit. Data to verify, stabilization of the residuals shall be maintained by the Permittee. 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 (PIP ) as defined in 40 CFR Part 257 Appendix 11. 7. Three copies of all required monitoring and reporting requirements as specified in Condition Ill. 1, Condition 111. 2., Condition 111. 3,, Condition 111. 4., Condition Ill. 5., and Condition Ill. 6. shall be submitted annually on or before Match 1st of the year following the land application event to the following address: NCDENR-DWQ Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 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 (91 ) 4 6-15 1,for land applications sites ill Moore County and Richmond County, the Mooresville Regional Office, telephone number 70) 663- 6 9, for sites in AlexanderCounty as well as the facility in lredell County; and the Winston-Salem alem egional Office, telephone number (336) 771-4600, for sites in Davie County, °rr aw, ,t r) P 7lt, and Wilkes County) a soots as possible, but in no case more than 24 hours or on the next working days 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 abnornial 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 reader the facility incapable of adequate residual treatment, e. Any spillage or discharge from a vehicle or griping system transporting residuals to the land application site: Persons reporting such occurrences by telephone shall also file a written report in letterform 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. GROUNDWATER REQEIREMENTS I __ 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 table elevation may be conf firmed by water level readings obtained from groundwater monitoring well(s) near the land application site or auger borings). Any boring(s) made for the purpose of verifying the water table elevation shall b 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 capers borings shall be properly filled in with native soil prior to the land application event to decrease the chance of any residuals from contaminating the groundwater 1 Tie COMPLIANCE BOUNDARY for any land application site shall be specified by regulations in 15A;NCAC 21, (ie., "Groundwater Classifications and Standards"). The Compliance Boundary for each site initiated after December 31, 1983 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 e ceedance of groundwater duality 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 1-215,6A(a)(I )a to accordance with I SA NCAC 2L, a REVIEW BOLJNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of :the site. Any e cecdance of groundwater quality standards at the review Boundary shall require rer ediation action on the part of the permittee; 3 Any groundwater qualiq, monitoring, as deemed necessary by the Division, shall be provided, 8 V. INSPECTIONS 1, Prior to each 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 which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Pertnittee shall maintain an inspection log or summary including, at least the date and time of inspection, observations tuade, and any maintenance, repairs, or corrective actions taken by the Perrnittee. 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 I 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 keptunder the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leacaate, VI. GENERAL CONDITION l: 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 mariner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting; data. 3 The following land application sites shall be approved to receive residuals(i.e,, see attached location and buffer maps). Mote that if tartly one name is provided in the owner/operator or lessee field of the table provided below, the fawner and operator for the specified site are the sam, e person, Application area [acres] Site No. Owner/Operator or Lessee a #clt�dirr lhrrfler Alexander County AL3 l _ Walter'` Vaughn Rogers 17.4 AL3-2 Walter Vaughn Rogers 3. AL3-3 Walter Vaughn Rogers 38.8 AL3-4 Walter Vaughn n Rogers 13.E AL3-5 Walter Vaughn Rogers 1.8 AL3 -fa Walter Vaughn Rogers 183 AL3-7 Walter Vaughn Rogers 14.1 AL3-8 'falter Vaughn Rogers 10.1 AL3-9 Walter Vaughn Rogers 4. A L3- I tl Walter Vaughn Rogers l &0 AL3=1 lr Walter'Vaughn Rogers 11 AL3-12 Walter' Vaughn Rogers AL3- l3 Walter Vaughn Rogers Mh AL3-14 Walter Vaughn Rogers 29,9 AL3-15 Walter'V`au,hn Rogers 8.0 AL3-16 Walter Vaughn Rogers 10. AL3-18 Walter Vaughn hn Rogers X 9 Dane u Gall- I Greg Dooley 25.E Application Area aerees] Site No. wner/O erator or Lessee jexcludingbuffeW Davie County (confinued) HD -I Herbert B, Dooley 38.E HD-2 Herbert E. Dooley 18.7 Moore County M08-1 Ralin Matthews ' , M08-2 Ralin Matthews 16.4 M0 -3 Ralin Matthews 22.5 M08-4 Ralin Matthews 13.0 09-4 Ralin Matthews 50.1 'IC 10-1 Ralin Matthews 75®t MO 10-2 Rai in Mattbews 83,0 l'wl( 1 t1-3 Ralin Matthews 20.E Richmond County l' 1-1 Robert "Bobby" T. Williamson 59.7 R 1-2 a, b Robert "Bobby" T. Williamson 82.E RN12-1 Robert "Bobby" T. Williamson 18.4 RM -2 Robert "Bobby" `, Williamson 41. RM3-1 Robert "Bobby" T. Williamson 17.5 RM3-2 Robert "Bobby" T, Williamson 90.3, R ^I3-3 Robert "Bobby" T. 'Williamson 32.E RM34 Robert "Bobby" T. Williamson, 65.1 RM3-5 r" 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 853 RM5-1 Robert "Bobby" T. Williamson 1 RM5-2 Robert "Bobby" T. Williamson 3131 5-3 .r" Robert "Bobby" T. Williamson 3 . RM5-4 Robert "Bobby" T, Williamson 71.E R 17-1 Robert "Bobby" T. Williamson 138,1 RM7-2 Robert "Bobby" T. Williamson 23.0 RM7-3 Robert "Bobby" T. Williamson 112.3 R 7-4 Robert "Bobby"' T. Williamson _ T 1.9 R '17-5b Robert "Bobby" T, Williamson 78.9 R 17- ' Robert "Bobby" T. Williamson 75.3 R 17-7 b Robert "Bobby" T. Williamson 31.4 TOTAL ACRES I + RICHMOND COUNTY 714 TY 1,338.9 I�dmrjl 0111 1 10 rl .Application At Site No. ner/O errator or Lessee a cl dln err rz/ ° r,°r1/r! L,111e Wilkes County 1 'l l-1r" Diana Pardue Mathis Talmadge Mathis 34.36 ^' 3- " Donald and Mae Duncan / Donald Duncan 51.7 1 4-V Donald Duncan T , The land application sites are dominated by soils having a read 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 (ire-" April, through November, inclusive) provided that the three-foot separation between the, residuals at the depth of application and the water table is verified as described in Condition IV. 1< e These land application sites are located. within the 1 t1 -y=ear flood plain and shall, therefore, be subject to the requirements in Condition If. 11 This land application site has shapes up to 18 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: 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 GeneralStatutes §143- 215.6A through 14 - 1 .6C. 11 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 permit as specified by 15 NCAC 2H ,0205 (c)(4), T The issuance of this permit shall not preclude the Pertnittee 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, it erosion and sedimentation control requirements in 15A NCAC Chapter 4 and tinder the Division's General Permit NCG0100000, and any requirement's pertaining to wetlands under I NCAC 2B .0200 and 15A NCAC 2H .0500- 8. 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 I imitations, as it may deern appropriate. 9. 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, 10. This Permit shall become voidable unless the agreements between the Pert-nittee and the landowners and operators/lessees are in full force and effect. The landowner agreements shall be considered expired concurrent with the cXpiration date of the permit and shall be renewed at the same time the permit is renewed. Permit issued this the (,,x"" -f�l 1114-n-L�J NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0000701 12 'baba Rogers S / Tysoct Potts , a : ;11rr •�'�k "��'�; � � � - ,� 4 ter'"-"`, ,� � TL ld . , rk „. » � I t f ttt� ~'' "'`^`fir � � .-x�' _ -• � � '� �` ° L3 Field VR w , r Sprnm <�F8 l A+ - "W' it .R - ,r ill it -f u `, k Field e Vq} NIS n 1 Field -O N i ld - 1 i a t w v `wFieldi _w r 'ill _-OttField V-R-018 Field VR-m r E s t a� w � ur _ �4 a �w� az Contour Interval 209 TRS Tyco umi .Ll,.c 100 9 AL 3- 03 fieldIVR404 Field l3 Church r Access h t U vp A VR-001 r ' Colo 5 aw r Rack Outcrop Saddle w Club Site Field Field a Field _ 3- k F fa.) *00444 Arco homy r ot Amwcr so" Joe sf(3� �u t y, Field Field V'R-Oog Access t Field VR-008 S. 1496 j i r �E r Field VR-018 t Dwolung WC Ammu a MIN stdff»�Pr"" F c CTMCXID Sy. Vauthm Roters OPAWN y- SDR TRS Et Tyloo @okra' f OATL 7 sw e Pin te��r Field -: Rock Outcrop ,Shallow Salts N �_. �.x "V ut ncuum, TI ' Ty nPool"� Road eq �I €I t � d field Note. Area To Cleared Gompletefy fZ.r 4 e CCC Field -1 y L 3 hle At It Ai ti s� r r C R. 1496 WekJ rddtl04OW AM ph4mny LAme N Aim rom IAWN w46bb, S Vautbu Rapr's w's ncumfo, i M am Tylou Pout" rw tie ,: I - 17 A P�ftdm wul W WO An% Flow > '- 9 VAU%ha Rogers M TRS ; Tyson Poultry AM A , CIA, 1� Michael F. Easiey, Governor Cyr 77—, 11C '4`411"arn a hdesi sir:, 'Secretary North Carolina Department of Eti**briwierit and Natural Res� rces Alan W. Klimek,'P,E., err a Division Of Water Quality July 3, 2003 JUL I 5,2W3 ly, MR, DANIEL CROWE, PLAN'r MANAGER TysON POULTRY, INC. POSTOrFICE Box 158 HAR!',40NY, NORTH CAROLINA 28634 Subject.- Permit No, WQ0000701 Tyson Poultry, Inc. Han-tiony, NC Rendering Plant Residuals Land Application Program Land Application of Residual Solids (503 Exempt) Iredell County Dear Mr, Crowe-, In response to your permit modification application packages received on July 30, 2002 and January 2, 2003, we are forwarding herewith a reissued Pen -nit No, WQ000070 1, dated June 15, 2001, to Tyson Poultry, Inc, for the subject residuals land application program. This permit shall be effective from the date of issuarice. until May 31, 2006; shall void the first June 15, 2001 issuance of Permit No. WQ(300070l; and shall be subject to the conditions and firninations 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 V1. 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 fortheorning 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 as violation of North Carolina General Statute §143-215,1 and may subject the owner/operator of the facilities to enforcement action in accordance with North Carolina General Statute §143-215.6, Civil penalties of up to $10,000 per day per violation may be assessed for failure to await the issuance of a permit required by North Carolina General Statute §143-215.1. As always, reitierriber to take the time to review this permit thoroughly, as some of the conditions contained therein inay have been added, changed, or deleted since the last issuance. Pay particular attention to the monitoring requirements in this perritiL. Failure to establish an adequate system for collecting and maintaining If any parts, requirement,,,, and/or firratatiOnS 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 pen -nit This request shall be in the from of a written petition, conforranig 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. K'ZID E Wit R, Non -Discharge Permitting Unit Internet hl1p://h2o.enr,stale,nc us/ndpu 1617 Mail Service Center, Raleigh, NC 27699.1617 Telephone (919) 733-5083 Fax (919) 715-6048 DENR Customer Service Center Telephone 1 800 6223-7748 An Equal Opportunity Action Employer 50% recycled/1 0% post-consurrieT paper If you need any additional information concerning t[ris matter, please: contact Mr. J.R. J shi by telephone at (9I9) 733- f183, extension 363, or vria e-rarail at jayajoshiC ncmail,nct. /Siincrlyor lan , Klimek, P. E. M Mr. Alan Brown, ENIA 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 (duality Section Winston-Salem Regional Office -Groundwater ,Section Central Office Groundwater Section Technical Assistance and Certification Unit Water Quality Central Piles DPU Piles . NDPU Residuals Program Coordinator 2 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATUWNL RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS (503 EXEMPT) PER 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 applicarion program fear `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 can November eft, 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 a part of this permit, This pernih: shall be effective from the date of issuance until May 31, 2006; shall void Tern -tit 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 Pernattee shall prepare and submit a pen -nit 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 Linder the conditions of this permit. The additional sites shall he of sufficient acreage to facilitate the complete agronomic assimilation of all of the nutrients contained in the residuals from the source, identified in Condition 11, 7. Within this same firrieframe, the Perinittee 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 inforniation related to detenruning a treatment process that will produce a more stable residuals product, developing sufficient storage that adequately meets tile 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 prograrn. 3, This permit shall become voidable if the, soils of the land application sites fail to assurrilate 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 tile surface waters and groundwater. 4The issuance of this permit shall not relieve the Peritnittee of the responsibility for darnages to surface waters or groundwater resulting frorn tire operation of this residuals land application prograrn. 5In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Perinittee, 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. 6No residuals other than those generated, by the residuals source -generating, facilities listed III the most recen it y -certified Attachment A of this permit shall be approved for land application in accordance with this pernin, T When residuals are land applied under the conditions of this permit, the Class B pathogen requirements as defined in 40 C.FR Part 503 or the Process to Significantly Reduce Pathogens (PSRP) as defined in 40 ClR Part 257 Appendix 11 shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement, tJpon request, a copy of this evaluation, including all test results and calculations. shall be SUIsnutted, Only residuals that are generated by the residuals source -generating facilities that al ZrI are identified as being exempt from this condition in the most recently -certified Attachment Z-1 A shall not be required to cornply with the specified pathogen reducric,gin requirement - IQ & Only the land application sites listed in the most recently -certified Attachment B of this permit are approved for residuals land application. 9This pen -nit shall become voidable unless the agreements between the Pern-rittee 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 Pertnittee 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. M 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 iturnager'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. IL 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 triade 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 off -tees, their county coverage, and their contact information may be downloaded from the web site at httl)://b2o.enr.state.nc,us/ndpu/, IIa OPERATION AND NIAINTENANLE REQUIREMEN-B I The facilities and land application sites shall be properly maintained and operated at all tirnes. 2, Upon classification of the, residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Perrnittee shall designate a certified land applicationlresiduals 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 Perrino ee shall also designate a certified back -lip operator of the appropriate type to comply with the conditions of 15A NCAC 8G.0202. 3. No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained front 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 nuninium 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 pennit; 3 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 nriniftILIM 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 SIB,, and any Class I or Class 11 impounded reservoir used as a source of drinking water for both methods; d. IM 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; h10 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. 1,00 feet from rock outcrops for both application methods. Sorne of the buffers specified above'may not have been included in previous permits for this residuals land application pro rare. 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, 6rfaximum 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 heavv metal loadings, rates on any land application site shall not exceed the following for the corresponding soil cation exchange capacities (CE(: ): a An acceptable pH shall be maintained in the soil, residuals, and time nuXtUre, greater than 6.0, on all land application sites onto which residuals are land applied to ensure optituarn yield for the crops specified in Condition 11. 13. Pre agronornist shall provide inforniation on the pFI best suited for the specified crop and the soil type. M 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 hula salt content (i,e.., high stadium adsorption ratite (`BAR) of five or higher), the exchangeable sodium percentage (ESP) or either 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 Caarohna-licensed. Soil Scientist, or other agronomist shall review the results and make reconn aendaations regarding soil <aanendinetits (e.g,, gypsum, etc..) or other ameliorative mechanism 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 sail amendment application. 11. prior to land applying residuals to any,. land application site that has previously received or i intended to receive animal waste (e.g., poultry litter, etc.) or other source of nutrients (e.g., fertilizer, etc.) in the futures the 'ennittee shall obtain information pertaining to the volume and analysis of theapplied waste/nutrients from the landowner argil/or lessee/operator of the site. The Pertnittee shell 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 crap (i.e.., see Condition 11, 13.) shall not be exceeded by all of the sources of lea applied, Should the maximum PAN loading, rate be met or exceeded, these no additional residuals shall be laird applied to the site. 12. A suitable vegetative cover. as listed in Condition 11. 13., shall be maintained can lanai application sites Canto which residuals are land applied in accordance with the crop nranagernent plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services. the Natural Resource Conservation Service, or tither agronomist and as approved by the Division. 11 11 Residuals and other sources of PAN shall be land applied to all land application sites at aaronomic 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 a,-rononiist. Under no circumstances shall the following PAN loading rates land applied to any site exceed the following for the specified crops: PAN PANN Crop (pounds per Crop (pounds per acre, er year) ac r� pe r ww H Forest Alfalfa 2oo (Hardwood or Softwood) 75 Bermuda Grass 220 Mito too (1-lay or pasture) B I tic Grass 120 Small Grain 100 (Wheat, Barley,, or Oats) Corn 160 Sorghum or Sudex ISO (Grain)-- (Pasture) Corn 1200 Sorghum or Sudex 2 _20 (Silaee) (silage) Cotton 70 S vbeaatls 200 Fescue ?fit}Timothy, Orchard, or 200 Rve Grasses 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 inaxitisurn PAN loading rate for the desired crop shall be approved with the permit triodification. If the land application sites are to be overseeded (e.g,, berniuda grass in the surniner 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 practtce 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 bi-, 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 coine 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, M 17. Food crops with harvested parts below the surface of the land (i.e., root craps such as potatoes, carrots, radishes„„ eta.,) 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,. 1, Food drops with harvested parts below the surface of the land shall not: be harvested for 3 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 aqjacent properties or into any surface waters. 21. Adequate procedures shallbe provided to prevent surface runoff from carrying any lazed applied or stored residuals into any surface waters. 1 ,Surface -applied residuals shall be plowed or di ced 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 a rainfall event of 0. -inch or greater in 24 hours. Any erner en y 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 sates during active site use and for the 12-month period following the last residuals lazed. application event. ;Such controls may include the posting of signs indicating the activities being conducted at each site, 111. MONITORING AND REPORTING 1 I11E° EN1' 1. 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 sari piing and reporting schedule shall be followed. I 2. 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 (RChRA), A c rTo.sivity. i nit.ability, and reactivity analysis as well as a Toxicity Characteristics Leaching procedure (TChLP) analysis shall be; conducted on residuals generated by each residuals source generating facility listed in the most recently -certified .attachment A of this per°unit. 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 Pernlittee for minimum of five, wars, 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 (i.., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) 1,4- lchlorobenzene (7.5) Nitrobenzene (2.0) arium(10 .0) 1p2_Dichloroetliane,(0.5) Pent chlorophenol (100,0) Benzene (0-5) 1,1-ificlilor ethylene (0.7) Pyridine (5,0) Cadmium, (1,) 2 4_l)initrotohrene 0.13) Selenium (1;,i1 Carbon tetrachloride (0,5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Heacrachlorciben ene (0. 13) Tetr'achloroethylene. (0.7) C~hlorobenzene (100,0) Heptachlor (and its hydroxide) (0,008) ) Toxapherae (0.5) Chloroform (d.tt) i exachloro-1,3-butadiene (07 5) Trichloroethylone (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Tri hlorophenol (4WO) rn-Cresol (200.0) Lead;(5.0) 2,4,6-Trichloro heiiol (2.()) o-Cresol (200.0) Lindane (fi.) 2.4, -TP ( lvex) 0.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2:) Cresol (200,0) Metho ychlor (10,0) 2,4-D (10-0) Methyl ethyl ketone (200.0) After the residuals have been monitored as specified above for two yearn at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee nay 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 e 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 -certifier) Attachment A of this permit. The 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 P rmittet for a minharuin 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 linrited to, the following parameters: Alurninurn Magnesium t Potassium Ammonia -Nitrogen Nickel Sodium Cadmium Nitrate -Nitrite it-ite Nitrogen Total Kjeldahl Nitrogen Calcium Percent Total Solids Zinc Chopper pl l Plant Available Nitrogen Lead Phosphorus (by calculation) 8 After the residuals generated by a particular residuals source -generating facility have been nionutored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Perinittee 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 nionitoring be less than once per year when a residuals land application event of residuals generated by the residuals source -gene -ating facility occurs during that year. 4Residuals 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, 7. 1�el The monitofirig shall be performed at the frequency specified in the most recent I y -certi ried 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 CPR Part 503 or the Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix 11. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition 1. 7. in the most recently - certified Attachment A of this permit shall not be, required to comply with this neon "wring requirenteriL 5, Laboratory analyses as required by Condition 11. 2., and Condition 111. 3, shall be performed/gathered on the residuals as they are to be land applied. Furthermore, analytical d eteri-ni nations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required pararnetar(s) under 15A NCAC 2H,0800 or 15,E NCA,C 2H . 1100, 6Proper records shall be. maintained by the Perinittee tracking all residuals land application t� events. These records shall include, but are not necessarily limited to, the following infor-mation: 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,, -,unity, 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 , Volurne of soil ainendinerits (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 oil which a residuals land application event In the respective calendar year has occurred., and the results shall be maintained on file by the Pernintee for a irrinimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc Three copies of all required monitoring and reporting requirements as specified in Condition 111. L, Condition 111. 2., Condition 111, 3., Condition 111. 4., Condition 111, 5., Condition 111, 6, 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 Water Quality Section Non -Discharge Complianceffinforcernent Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 9, Noncompliance Notirication: The Pernuttee shall report by telephone to the Water Quality Section of the Division'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, K Any failure of the residuals land application program resulting in a release of material to 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. & 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 as 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. IV. GROUNDNAIATLg_REQ)tLTI!RRELiNMIENNTS L Landi* lication Site Regnice ments. a. Each land application site identified with a GW-A in the most recently -certified Attachment B of this peritis 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 perrilit, is 4ornmated by soils with a inean 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 horings shall be properly filled with native sort, prior to the residuals land application event, to decrease the chance of any residuals contaminating the groundwater. a, The COMPLIANCE B-O- UNDARY for residuals land application prograrns is specified by regulations ill 15A NCAC 21, (i.e,, "Groundwater Classificaltons 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 15A NCAC 2L,0106 (d)(2)• K The RUVJEBQLTNIAR Y 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 .O 106 {d)(2),. 3, Additio!Lall Requirements: a, Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS L Prior to each residuals land application event, the Pernaittee 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 Permitteeshall maintain all inspection log or sunimary including at least tile date and tinte of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Perrilittee. This log of inspections shall be maintained by the Perrnittee for a period of five years from tile, date of the inspection and shall be made available to the Division or other permitting authority, upon request. I I 1 Any duly authorized officer, eurpic)yee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, prentises, or place on or related to the land application sites or facilities at any reasonable tirrie for the purpose of determining compliance with this perinit; 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, Vt. GE NERAXLL CONNDWIF11.00NNS This permit shall become voidable unless the residuals land application events are carried out I e in accordance with the conditions of this permit, the supporting materials, and in the n armr 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 firnitations 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. '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). 2. 8 N M The issuance of this permit does not preclude the Permittce 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 '05W This permit may be modified, revoked, and/or reissued to incorporate any conditions, hinitations and monitoring requirements the Division deems necessary in order to protect the environinent and public health adeqtiately 7. The Pernrittee, 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 tinder such conditions and limitations as it may deem appropriate, 8, This permit shall not be automatically transferable. In the event that there is as desire for the residuals land application prograin to change ownership or to change the name of the Pernrittee, a formal permit request shall be 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. M Per it issued this the fifteenth day of Jerre. 2001. NORTH CAROL]INA ENVIRONMENTAL MANAGEMENT COMMISSION +`r AManT Klimek, F .E., Director Division of Water duality; By Authority of the Environmental Management Corranission Permit Number WQ0000701 13 t„I 9CHs'IsiT r - r�tatsrat ttasidual antra°ae-tlrmaer°a tin r, as—ifitita Perin a No. t+yr; "i`)C)()0701 Tyson Poulort, Inc. Harmony, PVC Rendering Plant Residuals Land Application Program a Owner Facility Name County Permit Number Issued By Is 503? Maximum Monitoring Monitoring Approved C3ry'Toms Frequency for Frequencytor 'Mineralization Per Year Condition 111, 2. Condition HL 3, and Rate Condition Ill. 4. Pal _ 3, 3.U11 �x h_ _ `w tatl T"vsots Aotalmry, laic 11:aensonv. Nt lle.tsalerrtr 1 ffi tart Ixedeli t t}C1 1(i 9)tF°t ntttr 5{4{s S d)il C7ncc . t l'erratsv —Ever_ _. "Me 5,543-dry tans per year of residuals to be land applied under the crxnditiaars of this perarrst are: g;eneraated from the treatinestt of wastc*aiaer at die llarsuony, 'NC Rendering Plant rind Wilkesboro, NC Plans (i.a,, Pretreatment Permit No. 1003-1, issues by the Town of Wilkesboro) of Tyson poultry, Inc ; at the Case Farms Facility in Durke County,NC (Non-Disch arg e Punmh allo. 'al (XA)07511), and the Townsend Foods, laL. Plant in Claatharn County, NC {i,e., NPDES Permit No. NC(H)2=4411. All residuals are mixed and treated at die Tyson Poultry; dnc. Harmony, ;NC Rendering Plant and then land applied as a single source. Cicada no circurnstances shall the residuals getserated by rise individual plantstfiacilitics be land applied as is" (ix., without mixing and treatment at the Tyson poultry, Inc. flar atany, NC" Rendering Plane Should it be desired to land apply the residuals getterated by the ind16dual planestirtcilittes "&s is" oncc aeaita, the Perunuee shad request approval of a farnaal perinii modification from die Division: Pesairit No.WCn?(X)OO7O€. Fagg I of I Certification Date! June 15, dlal l A'"T""fi`At` MENT k : a )rov c wand A N1a`aatjon ates Permit No. Wift0007 1 TYNraas Poultry, Inc. Harmony, , NC Rendering Plant Residuals, Laren A plica lion Program *afar t.°"carlification Date: Junc 15, 001 ATTACHNIENTA -..,knuroved Land Ap Li_cafion Sites Permit Alo, IV00000701 Tyson Poultry, Inc. Harmony, JVC Rendering Plant Residuals Land Application Program Permit NoWQ0000701 ]'"age 2 of 3 (."ellification Date: hlll� 15, 2001 ATTACHMENT B - Anproved Land AvDfication Sites Permit No. TVQ0000701 Tyson Poultry, Inc. Harmoky., AT C Rendering Plant Residuals,&znd Application Program Siteffield 102 Landowner LesseelOperator County 'Latitude Longitude Net Acreage Applicable Re,strietion in Condition IV. I. SU-01-17 Johnson, Monroe & Walter Sorry 47.30 GW_B SU-01-18a b Johnson, Monroe & Walter Sarry 10,140 CYW_B SU-01-10 Johnson, Monroe & Walter Surry 12.70 GW-B SU-01-19 Johnson, Monroe & Walter Surry 12,10 C;W_B Total For _355,50 WK-01-01 b Mathis, Diana Pardue Mathis, Talmadge Wilkes 3436 GW-A WK-03-02' Duncan, Donald & Mae Wilkes 51,70 GW-A WK-04-0 Duncair,Douald Wilkes 3&80 GW-A WK-05-01 Wilkes 28,90 Total For Co! my Wilkes 153.76 . ..... .... 258956 Residuals shall be subsurfacely injected on all land application sites in order to reduce the potential foi generation of nuisance conditions. Surface application methuds 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 ofCondition it. 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, Permit No, WQ0000701 Page 3 of 3 Certification Date: June 15, 2001 HarmotV WWf Systcm Subject: Harmony WWT System Date- Thu, 22 May 2003 09:23:56 -0400 From: Rex Gleason <Rex, G1eason@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: denrwqmro.dwqCq),ncmaiLnet Sonja has reviewed and drafted a permit for a sewer extension in Harmony. The ww will be tributary to the Town of Harmony's constructed wetlands wwt system. Do you know if the Town's wwt system has been constructed? The sewer permit says the ww will be tributary to the existing system. Mike --I believe you did the SR for this. Do you know tne status? Ellen --Do you know the status, of the f-acility? Sonja --Once we find out the true status, the sewer permit may need to be revised. Please hold until further notice. Everybody --Please respond ASAP, as we are behind in processing the fast track sewer permits. Thanks, Rex Rex Gleason - Rex.Gleason@ncmail.net %TITLE% North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 919 N. Main St, Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 I of I 5/22/2,003 4A PM qSN Yellow pages. Map page 2 of,. diren, MSN - More UsefW M aft Home j My MSNI Hotmad 4 5eamh Shopping I MorkeyI People & Chat i i ittp:l/d r tort'. up g s.com/ a rmmapinit js ?SR = nisn&L D== I 1 ' " — =OS..K 16/200' o Rowan County Environmental Services 402 North Sfain Street * Salisbury, NC 28144-4341 Telephone 704-Sri 8-3078 FAX 704-638-3130 Mr. Lawrence R. Sampson, Jr. TYSON F ODS, IN 1600 River Roar' P.O. Box 88 Wilkesboro, N,C. 28697 Re: Notice of Non -Compliance Tyson Foods Land Application Program Dr. Richard Adams Farm Property Dear Mr. Sampson - Based on a Freedom of Information Act (FOIA) file review of the DE files in Mooresville, North Carolina, the most recent submission of the information required by section III of the permit appeared to be February 27, 1995, We have since learried that the appropriate submittals have been made to NCDENR but that non- compliance issues may be indicated within the submittals. Rowan County respectfully requests that any non-compliance issues be summarized and presented to us along Wth your response to these issues, Based on site visits of February 11, March 12 and April 13, we evaluated the application process relative to the current permit as follo 1 Two tanker trucks were present at the site during the period of this inspection (Truck 18 and Truck 12). Neither of these trucks nor the application tractor carried copies of the Spill Prevention Plan, Both the DENR Permit (item 1,7.) and Biosolids Ordinance (Article I], Section 8. (a) require a Spill Prevention and Control Plan to be prepared for the site, Equal Opporlunity Employer 4 'ecycled paper bsx au 71111-1,11 Y The Biosolids Ordinance requires a copy to be provided to Rowan County Environmental Services, the permit requires a copy to be maintained 'in any vehicle hauling or applying the waste, Z Item 1. 7. of the Permit also requires a copy of the permit to be maintained at the site. No copy of this permit was observed during the site inspection, 3Item 1.8, specifies that the specific residual application area boundaries shall be clearly marked on each site prior to and during application, During the March site visit, TRS was applying residual material to Field M at the Adams Farm. Our personnel drove the perimeter of Field M and did not observe any such markings. Based on visual observations, the residual application area being utilized on Field M did not appear to exceed the buffer conditions, 4TRS has applied residual material on Field G within the last 30 days, This application appears to violate Item 1. 10, of the Permit. Item 11. 10, states, "For areas that are prone to flooding or within the 100-year flood elevation, residuals may be applied only during periods of dry weather." In our opinion, February and March of 1999 did not constitute a period of dry weather, Additionally, Attachment A of a previous version of the permit dated September 22, 1995 clearly defines Field G as entirely within the 100-Year Flood Plain. When examining Field G during April, the residball 8pplicatibn a�r�a observed to be wfthin 25 feet of the South Yadkin River, considerably le than the buffer requirements defined in Item 1.6, of the Permit. 1 6. The pH of the poultry process residuals being delivered to Field M was tested from the discharge port on Truck 12. The pH of the residual was measured at 9.2 standard pH units, Item 1.12, of the Permit specifies the pH of the residuals shall be adjusted through the addition of lime to achieve a pH of 10 for greater than 30 minutes. This condition is included in the Permit specifically to reduce potential odor problems. During the 8it6 Inspection, no records were available to confirm tho pH had t>een aOiusted for sufficient time to achieve this requirement of the Permit, Based on interviews with the drivers, vve understand a specific volume of lime is added to each load, and no testing is conducted prior to delivering the materials to the site, T Article H Section 8.c. of the Biosolids Ordinance requires the permittee to provide information to Rowan County Environmental Services summarizing the proposed areas of application and the loading to be applied during each operational period. TRS has submitted a letter dated March 2,1999, which indicates a proposed load of approximately 15,000 gallons per acre. Further the plan states that TRS will apply "however much is required to reach the crop -specific rate for plant -available nitrogen per acre as required by our permit". Due to the lack of recent analytical data, the loading can not be interpreted from this information. As a result, this Plan appears to be incomplete. Further, TRS appears to have applied residuals to Field G during the pedod of January -February 1999 at Mich time their Plan indicated they would be applying on Field M. This modification should have required an amendment to the 60-day plan, which was apparently not filed with Rowan County Environmental Services. & Item 11,2, of the permit requires suitable vegetative cover be maintained in accordance with the crop management plan outlined by the local Extension Office, the Department of Agriculture, the Natural Resources Conservation Service, or other agronomists, and approved by this Division. We observed application on Field M in January and March of 1999, During this time, no vegetative cover had been planted on any portion of this field. Submittal of crop management plan as indicated in Section 11 of the permit should be made to Rowan County as part of future submittals. 9. On the April 13"' visit, tankers were observed leaving the site with top access hatches open. While this may not represent a particular permit violation, it does, indicate inappropriate transportation methods. These violations are subject to enforcement action as provided by the Ordinance, including both civil and criminal proceedings. It is our desire at this time to allow you an opportunity to respond to these findings in a timely and appropriate manner. Your response should be made in writing to this office within 10 (ten) days of receipt of this Notice, Sincerely Greg Geene, CPESC Environmental Specialist Mr. Mike Cock, Environmental Manager Terra Renewal Services r, Rex Gleason, NCDENR, DWQ Mooresville Regional Office a M:chael F. Easley, Governor Wifliam(3 Ressir,,secretary North Carolina Depaarnei-n of Environment and Natural Resources Alan W KErnek, P E., Director Divisio'n of Water Quality MR. DAN CROWT-, PLANT MANAGER TYSON FOODS, RARN40NY PLANT 501 SFIFFF,ELD RD HARINIONY, NORTH CAROLINA 28 6 Subject: Permit No. WQ0000701 TYSON FOODS, Harmony Plant Residtials Land Application, Program Land Application of Residual Solids (503 Exempt) fredell County Dear Mr. Crowe: In accordance with your pen -nit modification and renewal application package received on January 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, WQ000070 1, 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 (i.e., see Condition V1, 7.), 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 modjf, the permitted land with a decrease in acreage available for land for application for a total of 1522,34 acres, b, 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 cotitained 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 arid maintaining the required operational information will result in future compliance problems - If any partsrequirements, and/or 11mitatiorts 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 Flearings at 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding, Dat 1 Ny.h'C-a,o ,, .qtA(ra� 7 Aquifer Protection Ser-tion 1636 MailService Center Raleigh, NC 27699-14536 lnttmei: lilt M//h7 qacnclis 2723 ( apAal Boulevard Raleigh, ',,rC, 27604 L_ _ An Equal OpportunitylAffirmalive Adioo Emisoyet - 50% 9lecy6ed110% Pos` Consurner Paper Phone, (919) 733-3221 Custorne- Sm-yice Fax (919) 715-0588 1-8773-6748 Fax (919) 715-6048 Mr. Dan Crowe Page 2 June 26,2006 If you need any additional information concerning this matter, please contact Mr. J. R. Josbi by telephone at (919) 715-6698,ter via e-mail atjayajoshi@,ncmail.net. Sincerely, jor Alan W. Klimek, VE, cc Brent Collins, EIMA Resources, Inc, 29 Court Square, Mocksville, NC, 271028 Moore County Health Dept. Montgomery County Heatth Dept. Richmond County Health Dept. Surry County Health Dept. Winston-Salem Regional Offioe-Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files APS Files LAU Residuals Program Coordinator NORTH CAROLLNA FNVERONMENTAL MANAGEMENT COWMISSION DEPARTMENT OF ENNIROXIMENT AND NATURAL RESOURCES %A,LEIGH LAND APPLICATION OF RFSIDLTAL SOLIDS (503 EXEMPT) PERNNIIT 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 PER14ISSIGN IS HEREBY GRANTED TO TYSON FOODS, HARMONY PLANT fredell County rOR 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 facffities 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 Ibis permit. This permit shall be effective from the date of issuance until May 31, 2010, shall void Permit Nlo. WQ0000701, issued on July 9, 2003; and shall be subject to the following specified conditions and limitations: 1. PE RE ORTNIANCE STANDARDS 1. 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, 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 Perrifittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program, 4In 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. 5.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, 6Only the land application sites listed in the most recently -certified Attachment B of this permit are approved for residuals land application. 7This 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 Perinittee are in fill] 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. 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 oil any new land application site. Stich 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 littp:t'h2o.enr.state.nc.us'jidpu/. 10, When residuals are land applied under the conditions of this permit, the Class B pathogen requirements and site restrictions in 40 CFR Part 50332(b) shall be meta ditionally, 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, I 1. The facilities and lard application sites shall be properly maintained and operated at all tunes. Upon, classification of the residuals tared application program by the Water Pollution Control System Operators Certification Commission f OC , the Pertnittec shall designate a certified land application residuals operator to be in responsible charge Rf the program, Tire operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. Phe Permittee .shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A I CAC Sir .flay , A3. No residuals shall be stared at any. land application site at any time, unless written approval has first been requested and obtained from the i ivisiort. copy of this permit shall be maintained in all mantied equipment at the Cann application sites when residuals .are being land applied during the life of this permit, A spill preventiurk and control plan shall be maintained in all residuals als transport and application vehicles,. 5, __When land applying residuals to any landapplication n site, the following buffer zones shall be maintained at .all times., a, 400 feet; from residences or places of public assembly under separate ownershipfor surface application methods, however, the buffer zone requirement may be reduced t5 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 1d of this permit; b. 200 feet from residences or places of public assembly under separate ownership for subsurface applicationmethods; 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 Fe it, dtlp feet from any public or private water supply source, waters classified ed as SA or SB, and any Class f or Mass 11 impounded reservoir used as a source of drinking water for bath methods; d. 100 feet from any streams classified as WS or 1 , any other stream, canal, marsh or coastal wasters and any father lake or impoundment for surface application, e. Si feet from any streams classified as WS or 1 , any rather -stream,. canal, marsh or coastal waters and any other late or im oundment for subsurface application; f. 50 feet from property lures for both surface and subsurface application methods . SO feet from public right of ways for both surface and subsurface e pplication methods, h. tit feet from upslope interceptor drains and surface water diversions for bath surface any subsurface application methods, and i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface arid 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 with these buffers, 6. Maximum 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, 8The 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 (CEQ-1 a 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 Cm;are optimum yield for the crops specified in Condition R. 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 rive or higher), the exchange -able 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 mechanism for maintaining the integrity of the site in terms of suitability for land application Of residuals and maintaining conditions conducive to crop growth, The Pe tree 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/nutrierits 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 11, 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, 4 12, A suitable vegetative cover, as listed in Condition 11. 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 agronornist and as approved by the Division, 11 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 'outfined 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: PAN Crop (pounds per Crop t,?oundsjsgar acres rjva�r A I fal fa 200 Forest 75 H rd vood orSoftwood) EFennuda -Grass ('Ha tar Pastrim) 220 Milo 100 'Blue Grass 120 Small Grain 100 Wheat, Barle e, or Oats) Corn '160 Sorghum or Sudex 180 . . . . . . jtrain) Pasture) _ __. L_._ Corn Sorghum, or Sudex _ 200 220 Cotton 70 Aoybea Lis 200 othy, Orchard, or Fescue 2250 200 P vA gasses The Permittee shall apply for and receive a modification of this peria it before land applying residuals on any land appfcation 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 perinit 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), their 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 appLed 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, 14Animals 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 hat -vested for 30 days after any residuals land application event, I 16. Food crops with harvested parts that touch the residuallsoil, 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"ood 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. 21. Adequate procedures shall be provided to prevent surface runoff' from carrying any land applied or stored residuals into any surface waters. 21 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 a rainfall event of 0,5-iirch or greater in 24 hours. Any emergency residuals land application measures shall first be apprbved 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, 111. MONITORING AND REPORTLNG REQUIREMENTS I Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by tire Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. M 2, 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 11011- 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 (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitroberizene (2.0) Barium (100,0) 1,2-Dichloroethane (0.5) Pentachlorophenot (100.0) Benzene (0.5) 1,1-Dichlorisethylene (03) Pyridine (5 ) Cadmium (1,0) 2,4-Dinitrotoluene (U3) Selenium (1 -0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5 .0) Chlordane (0.03) Hexach I orobenze ne (0 .1) Tetrachloroethylene (0.7) Chlorobenzene (100,0) Reptachlor (am its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) Hexachtoro- 1,3-butadierie (0.5) Trichloroethylene (0.5) Chromium (5 w0) flexachb-L)roethane (10) 2,4,5-Trichtorophenol (400,0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol o-Cresol (200,0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0,2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (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 raost 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 permit, and the results shall be maintained on file by the Pennittee 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 Inn, ited to, the following parameters., Aluminum. Arrinionia-Nitrogen CadMiUM Calcium Copper Lead Magnesium Nickel Nitrate -Nitrite Nitrogen Percent Total Solids pH Phosphorus 7 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 1. 10. The monitoring shall be perforrned 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 Permittee fora minimunt 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 reduction requirements and site restrictions in 40 CFR Part 503.32(b). In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen req uirements; requi ernents, 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 involved (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 1. 10. 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 111. 3., and Condition 111, 4, shall be perfornie(L"gathered on the residuals as they are to be land applied. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this pertnit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H .0800 or 1 SA NCAC 2111 lK 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; bDate of land application-, ca '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 (Le., il-y, wet, frozen, etc,); g. Type of crop or crops to be grown on fieldi 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,, litne, gypsum, etc.) applied in gallons per acre, dry ton per acr.-, or kilograms per hectare of 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, 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 rnimmum of five years, The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters-, Acidity Exchangeable Sodium Percentage by catculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Flumic Matter Sodium Base Saturation by calculation) pH Zinc 8, Three copies of all required monitoring and reporting requirements as specified in Condition 11L 1,. Condition 111, 2., Condition III, I, Condition 111. 4., Condition 111, 5,, Condition 111, 6,, and Condition 111, 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 Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 9. Noncompliance Notification: The Pejmittee 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 to 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 perinit or the parameters on which the program system was designed, d. Any process uniffailure, due to known or unknown reasons, that tender the residuals land application program incapable of adequate residuals treatment. c. Any spillage or discharge from a vehicle or piping systein transporting residuals 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 erasure that the problem does not recur; ]IV. GROUNDWATER REQUIRFNI-ENTS 1. arrlt Atataleatrorr bite Rertrzirrtrent a. Each land application site identified with a GW-A in the most recently -certifiers Attachment B of this permit is dominated by soils with a mean seasonal high water table greater than three feet below the farad surface. Residuals land application events may occur on these sites tEtroughout the year. b, Each land application site identified with a G -id in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table between one and dares feet below the laird 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 sail boner s 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 characterise 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; I malicable'Boun a eclurr°grtrents; a. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A N A f,. i.e., "Groundwater Classification and Standards"). The Compliance Boundary fear 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. Air exceedarice of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate r°era ediation action according to 15A NCAC 2L .010 (d)(2). b. The REVIEW BOUNDARY shall be established around each laird application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedan e of Groundwater rurality. Standards at the Review Boundary shall require action in accordance with 15A NCA :, .0106;(d) . I Additional Requirements* a. Any groundwater quality monitoring, as deemed necessary by, the Division, shall be provided, In V. INSPECTIONS L Prior to each residuals land application event, the Perinittee 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 to or summary, including at least the date and firne 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. I Any duly authorized officer, employee, or representative of the Division a na y, upon presentation of credentials, enter and inspect any property, premises, or place Lin 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 to and conditions of this permit; and may obtain samples of groundwater, surface water or leachate, VI. GENERAL CONPITIONS L This permit shall become voidable unless the residuals land application events are carried ratt in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division, 2. This permit shall be effeetive only with respect to the nature and volume of residuals described in the application arid other supporting data. 3, Failure to abide by the conditions and limitations contained in this pentut may subject the Perrnittee to, an enforcement action by the Division in accordance with North Carolina General Statttes §1 43-215,6A through §143-2 1 5.6C: 4The annual administering and compliance fee shall be paid by the Pennittee within 30 days Y 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 (ct(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) -%vhich 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 NCGO 10000, 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 necessx-y in order to protect the environment and public health adequately, 7. The Permittee, at least six months prier 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 lard 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 approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the twenty-sixth day of June, 2006. NORTH CAROLfNA ENVIRONMENTAL MANAGEMENT CONPIVIISSION fir, Alan W. Klimek, RE., Director Division of eater Quality y Authority of the Environmental Management Commission Permit Number Q00007 1 PermitNo. FYQ#000,701 Tyson Poultry, lnc Owner Facility Narne: Cca uty Permit Number Issued 13y Is 503? Maximum Monitorin Monitoring Approved DryTons Frequency for Frequency for Min oralization Per ear Condition JIL 1 Condition 111, 3. and Rate Condition M. 4, -The 5,543-dry tons per year of'residaths to be land applied under the conditions of this perrint 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 Town of Wilkesboro) of Tyson Poultry, lnc., at the Case Farms Facility in Burke County, NC (Non - Discharge Permit No, WQ000751 1); and the Townsend foods, Inc. Plant in Chathans CAunty, NC (Le., NPDF_S Permit No. NC002644 1). All residuals are mixed and treated at the Poultry, Inc. flannorry, NC Rendering Plant and then landapplied as a single .source. Under no circurnstwozs shall the residuals generated by the individual plants/facilities be land applied "as is" (i.e,, without mixing and treatment at the Tyson Poultry, Inc,, Harmony, NC Rendering Plant, Should it be desired to land apply the residuals g, enerated by the, individual plants/facilities "as is" once again, the Ptrinittee shall request approval of a formal permit modification fi-om the Division, All residwals approved from this source alll be subsurfacely injected in order to reduce the potential generation of nuisance condiflOrLS. SUrface application methods shall be strictly forbidden without first applying for and receivingg written authorizztion from the Division. Permit No, WQ0000701 Page I of I Certification Date: June 21, 2006 ATTACHMENT B - Approved Carla Application Shea Permit Number, WQO000701 Tyson Poultry Inc Harmony, NC, Rendering Plant Residuals wand Ap Iscation Program W0000701 T"YSON Total 1,52234 GWA- is dominated by soils with a mear) seasonal high water table greater than three feet below the land surface. Residuals land appfication events.may occur on these sites year round, GW8- is dominated by sods with a mean seasonal lriiqh water table between one and three feet below the land swface, Residuals land application on these sites shad be prohibited from December through March, inclusive WQ0000701 TYSON Aft B Certified June 21, 2006 April 25, 2006 IN" Mr. Daniel Crowe, PlantManager Tyson Poultry, Inc. P�0. Box 158 Harmony, NC 2863i4 Miebact F. Easley, Governor Willnun G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P,E, Kirector Division of Water QuahtY Subject: NOTICE OF VlObATION Permit No. WQ000701 Tyson Poultry, Harmony Rendering Plant Land Application Site, Richmond County Dear Mr. Crowe. During investigation of a groundwater quality concern in the Wind Blow community of Richmond County conducted in early 2006, it was reported to staff of the Division of" rater Quality and the Richmond County Health Department that a dark liquid waste material had recently been applied to a field owned. by Edward Dewitt. In response to our inquiry, Mr. Dewitt indicated that EMA, Inc. had been injecting biosolids collected from the Tyson Foods facility under a land application permit, The application area is within 75 feet of a private supply well and a habitable residence (2691 Derby Road), Our records indicate that the field in question is not included in the permit for use as a land application site, which constitutes a violation of Tyson's Land Application Permit referenced above, Listed below are the specific violations that have been identified: Violation No. I (Permit No. WQ000701, Section 1, 8- ) Failure to apply residuals only to sites listed in Attachment B of the permit. violation No. 2 (NCAC 15A 211.0219 6) (5) (A) (iii)) Minimum Design Requirements Failure to maintain the required 200 ft. buffer from a residence with injected biosolids. Violation No. 3 (NC AC 15A 211.0219 U) (5) (13)) Minimurn Design Requirements Failure to maintain the required 100 ft. buffer from a private water supply with biosolids application. Aside from taking the necessary steps to prevent the recurrence of these violations, no corrective actions are required at this time. Please be advised that this notice does not prevent the, Division of Water Quality from pursuing enforcement action for these violations or any others past or future violations that may be discovered. Should you have any questions concerning this matter, please feel free to contact Sean Boyles at (910) 486-1541 ext, 739. Sincerely, Stepht A, Barnhardt, L,G Regional Environmental supervisor Ow No�ihCarolina Aquifer Protection Section Naturally North Carolina i)ivision, of water Qualitv/Aquifer Protection section 225 Green SO Suite 714 Fayetteville, NC282t0l, Phone (910) 486-1541 FA,X (910)486-0707 Internet h2o,enr.statenc.us customer service 1-877-623-6148 An Equal oppoftunity Afflrmaqve Action Empicyer— 50% Recycled/10% Post consumer Paper Permit Rescission or Information to be fd'1e4_2yj by Central Offim Facility Name: Harmony RenderPlant Residuals Land Application Program -Tyson Permit Number: WQ0000701 , MLE Regional Office: Mooresville COPY County: Iredell Date Rescission Requested: 8/16/2010 Permit Expiration: 5/31/2013 Received Original Request: Central Office Regional Office or of Received quest® Letter Signed Annual Fee Invoice Other Information to be fd1eA±yj Zj bi Re ow. Please Check A ely: 7_1 Ala Pertonned LJ Groundwater Concems Addressed Render Decision for Rescission of the Above Referenced Permit - Approved Denied Note: If approved this permit will, become inactive in the BIMS database and will not be billed through the division billing system. Complete if Approved: Rescind Immediately Reason for Approval Signature of Certifier: - "K& Date Certified: Return Completed and Signed Form to Ed Hardee, Aquifer Protection 11r0&7am Section P;izI . Tyson Foods, Inc. August I O20 10 Mi% Ed I fatdee Division of Water Quality — Aquifer Protection Section North Carolina Departi-rient ot'Environment & Natural Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Re- Perinit Termination request Permit NoWQ0000701 Tyecm Foods Inc. -- River Valley Animal Foods f"acifily (RVAI-,) Harrrion,y, North, Carol ina Mr, I-lardee: Insomuch as land application activities Linder the referenced permit have beet) discontinued, Tyson requests termination of Permit No. WQ000070L Please contact me al 704.546.2602 if'l can be of' further asss I stance and/or ifyou require additk-nial inf'ormation, Sincerely-, (i Dan Crowe Plant Manager Cc: Steve Patrick, Tyson Foods, Inc, Bo Watson, Tyson Foods, Inc, Doug Baxter, Tyson Foods, Inc, Jimmv Brown, Tyson Foods. Inc. Tyson Foods, Inc, River Valley Animal Foods 501 SheffieW Road, Harmony, NC 28634 Phone; 704 546,2602 Fax: 479.717 0349 mAvAyson,com North Carolina Department of Environment and Natural Resources Division of Water QuaMy Beverly Eaves Perdue Coleer, N. Sulfins Dee Pre r a + Governor irectr+i. Secretary To: ndreNk, Pitt7er Aquifer Protection Section Mooresville regional Office From.- Ed Hardee e �. x t Land Application Unit quit r Protection Sectionr Subject: Rescission Request Tyson foods, Inc.- Harmony Renderig Plant Residuals Land Application Pro rrtrrr Permit No, WQ0000701 Lund i%pplication of Residual Solids (503 exempt) Ir dell County The Aquifer Protection Section., Central Office received a request to rescind the subject permit, Please determine if this permit should be rescinded. I have attached,a copy of the rescission request with a permit rescission form for inforination to determine if a rescission can be issued. Please return the complete permit rescission form to my attention. t If you have any questions on this; matter, feel free to contact true at (ig) 75-tit } , a w 31/ X "9 AWF w R. PRa wa i CT Drs .i... 6�1�, N` ; ,636 €,7 R ;��rvr e Center. i, lwgrNorth C arohria 2769 ie.3 „r, 7 r rr �� �ts4t err Nt13"iKdl oltltt: fl LookingTYSON Harmony storage photos taken April 20, 2012. r fone r to the hole f the other removed panel. The panelsremoved areapproximately