WQ0000701_NOV-2008-PC-0288_20080805

Re: NWJ response and proposed monitoring plan
JKr '
Subject: Re: NOV response and proposed monitoring plan
From: Art Barnhardt <[e-mail]>
Date: Mon, 15 'Sep 2008 12:41:44 -0400
To: 'Baxter, Doug" <[e-mail]>
CC: Jim Barber <[e-mail]>, Joel Shields <Joel.Shields@ncmail._net>,'andrew pitner
<[e-mail]>
Joel.
Give Mr. Welch a call to inform him of the need for.,the information for Tyson.. I do
not see a need to send.a letter at this point. Could'you work with Tyson on the
compliance activities associated with the NOV as the DWQ point of -:contact from this
time forward.
Doug:
If that does not
provided. In that
NOV requirements.
ArtB.
work for Tyson, it
case,'"proceed with
0
'v
Baxter, Doug wrote:
Art -and all -
An update on activities:
is doubtful that the information is going to be
the remainder of the
I am having a difficult time retrieving any information,from Mr. Welch regarding
,application of poultry litter on'the-subject parcels.'- While Mr. Welch.'
acknowledges applying litter and indicated he was going to request information
from the.individual doing the application, no information has been
generated/supplied: 'Is it possible that NCDENR could submit'a letter to;Mr.
Welch requesting his assistance?
I expect to have an updated proposal from F&R by this time next week.. DeWitt
Whitten (F&R project.manager_) has been out of the country for the past 2 weeks,
thus the delay in a revised proposal.. Tyson has asked F&R to eliminate shallow
wells and to focus solely on wells - consistent in depth with the, existing water
supply wells. Water will be analyzed for nitrates.
Please let me"know if you have,'any questions. Thank.you for your assistance.
Doug
-----Original Message -----.
From: Art Barnhardt [mailto:[e-mail]].-
Sent: Friday, August 01, 2008 9:00 AM
To: Baxter, 'Doug; Jim Barber; Joel: Shields; andrew pitner
Subject: Re: NOV response -and proposed monitoring plan
Thanks for the reply Doug.." I am not sure why, but it appears`we did'not
communicate our position well enough during the meeting. We'will not be
investigating anything further other than the manure hauler
identification in an attempt to be sure he/she gets properly registered
and follows -the rules recently established by the EMC. Any other
relevant facts about Gary Welches nutrient management history you wish `
to submit, we are awaiting to hear from Tyson or their agent. If
specific information is available'to reconstruct and quantify.the
nutrient'management recent history to show that the .rates of application
were in line with agronomic rates, perhaps the case can be taken off the
enforcement track. As it stands now,, we are still poised to seek
enforcement of permit violations. I hope that clarifies our stance on
the issue. You have our approval to proceed with your monitoring plans.
ArtB.
1 of 9/17/2OOe9:55 AM

Re: NOV response and proposed monitoring plan
Baxter, Doug wrote:
Art -
Pursuant to our meeting on Tuesday, here's Tyson's written response to
the NOV as well as,proposed groundwater assessment proposal. Upon
your approval of this plan (or following any changes you see
necessary); I'll get a'formal proposal from F&R for necessary field
activities. Please let me know if there's anyone else I should copy.
Also, please let me know if it is necessary to follow up with a signed
copy via mail. Thanks, Doug
<<Harmony NOV 2008-PC-0288 Welch monitoring plan final.doc>>
***Doug Baxter*
Area Environmental Manager
13264 Mountain Road
Glen Allen, VA 23059
804.798.8357 (office)
804.514.3.170 (cell)
[e-mail]
This email .and any files 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 information contained in this email or as a result of any
additions or deletions of information originally,contained in this email.
This email and any files 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 information contained in this email or as a result of any additions or
deletions of information originally contained in this email.
2 of 2 9/17/2008 9:55 AM

Re: FW: Proposal for Welch Property ,
Subject: Re: FW: Proposal for Welch Property
From: Jim Barber <[e-mail]>
Date: Wed, 27 Aug 2008 12:26:39 -0400
To: Art Barnhardt <[e-mail]>
Art;
My first stab at responding to Doug.
Jim B
Doug;
DWQ has reviewed the information provided by F&R. The following comment(s) are for your
consideration and discussion with F&R in finalizing your work plan:
1. The proposal from F&R indicates drilling five 30' holes along the. perimeter of fields 16 & .17 and
one 30' hole in the approximate center of the same fields, near the right-of-way of Hwy 220/73/74.
Unless F&R has done a through reconnaissance of the area wells and found water depths above 30'
below ground surface, it would seem fruitless to drill shallow holes at the site (unless soil samples are
intended to be obtained to identify nitrate levels in the soil profile to anticipate/predict future impacts
to groundwater supplies). Mr. Eddie Reynolds lives approx. 250 yards northeast of the Carpenter
residence and has a bored well that is approx. 50' - 60' in depth (with water depth of approx. 30'-35',
according to Mr. Reynolds).
During the sampling of water supply wells in the affected area, some well tags were viewed and
pertinent information noted. Most of the well tags viewed indicated at the time of installation, water
levels in the wells ranging from 40' to 60' in depth (with screened intervals being 50' +, no
information on pump location). Most, if not all, of the wells recently sampled were installed more than
5 years ago, prior to the recent years of low rainfall/drought conditions. Water level readings were not
obtained during the sampling events that took place in Montgomery county nor in Richmond county
and Moore county currently.
DWQ's interest is the impact on groundwater beneath the site and the extent of impacts to groundwater
leaving the perimeter of the site; to gain a understanding of current and possible future impacts to
off -site water supply wells in the community. It would be more productive and informative if all wells
drilled at the site encounter groundwater so direction of flow can be accurately determined (along with
using data derived from the on -site water supply wells). Groundwater flow in the area may have two
distinct directions (based on topographic information for the area) hence the need for as many wells (if
not all) to encounter groundwater.
2. The proposed locations_ of some of the wells should be re -visited, especially in light of changes to
depth of drilling. Based on the site being along a distinctive ridge, it would seem to be more
productive to locate wells as close as possible to drainage features (and/or in the vicinity of drainage
heads on or near the property boundaries) that may help indicate if groundwater flow is in multiple
directions.
3. DWQ doesn't have a specific number of wells in mind to evaluate the site. Once the site
investigation is complete and site information supplied to DWQ for review; its plausible that
additional work may be required.
1 of 2 - 8/27/2008 12:31 PM

Re: FW: Proposal for Welch Property
If you have any questions please contact us at 910-433-3336 for Art Barnhardt or Jim Barber at
910-433-3340 if a conference call would be beneficial.
Jim Barber
Baxter, Doug wrote:
Art & Jim -
I apologize if this is a repeated email (I thought I had .forwarded to you on Aug 20, but don't see a record
of it). Attached is the proposal from F&R for the well installation and sampling at the Welch property.
Please confirm that this will satisfy the requirement of the groundwater study (or if there's an opportunity
to reduce the number or depth of wells). We'll proceed as soon as We hear from NCDENR.
Also, we're waiting on additional information from Mr. Welch regarding the application of poultry litter to
these fields. Thank you, Doug
From: Dewitt Whitten [mailto:[e-mail]
Sent: Tuesday, August 19, 2008 6:18 AM
To: Baxter, Doug
Subject: Proposal for Welch Property
Doug,
Attached is the proposal as requested. Please let me know if there are any questions.
DeWitt Whitten, CHMM, REM, REPA, CES
Senior Environmental Professional
FROEHLING & ROBERTSON, INC.
2505 Hutchison McDonald Road, Charlotte, North Carolina 282691 USA
T 704.596.2889 1 F 704.596.3784 1 M 704.560.6932
www.FandR.com
The content of this email is the confidential property of Froehling & Robertson, Inc. (F&R) and should not be copied, modified,. retransmitted, or
used for any purpose except with F&R's written authorization. If you are not the intended recipient, please delete all copies and notify the sender
immediately.
This email and any files 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 information contained in this email or as
a result of any additions. or deletions of information originally contained in this email.
2 of 2 8/27/2008 12:31 PM

for Welch Property
1_,.�6ject: FW: Proposal for Welch Property
From: "Baxter, Doug" <[e-mail]>
Date: Wed, 20 Aug 2008 18:02:18 -0500
To: "Art Barnhardt" <[e-mail]>, "Jim Barber" <[e-mail]>
Art & Jim -
Attached is the proposal from F&R for the groundwater study at the at the Welch property. Please advise
whether the scope will meet NCDENR's needs and, if possible, the number and/or depth of wells could be
minunized in the interest of cost (i.e., is it satisfactory to address only the water quality of the shallow
aquifer). We'll proceed upon your feedback. Thank you for your input.
We are awaiting information from Mr. Welch regarding the application of poultry litter. Doug
From: Dewitt Whitten [mailto:[e-mail]]
Sent: Tuesday, August 19, 2008 6:18 AM
To: Baxter, Doug
Subject: Proposal for Welch Property
Doug,
Attached is the proposal as requested. Please let me know if there are any questions.
DeWitt Whitten, CHMM, REM, REPA, CES
Senior Environmental Professional
FROEHLING & ROBERTSON, INC.
2505 Hutchison McDonald Road, Charlotte, North Carolina 282691 USA
T 704.596.2889 1 F 704.596.3784 1 M 704.560.6932
www.FandR.com
The content of this email is the confidential property of Froehling & Robertson, Inc. (F&R) and should not be copied, modified, retransmitted, or used for
any purpose except with F&R's written authorization. If you are not the intended recipient, pleasedelete all copies and notify the sender immediately.
This email and any files 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 information contained in this, email or as a result of any
additions or deletions of information originally contained in this email.
0963-147E Tyson
Foods - Welch
jContent-Description:
Property Aug
0963-147E Tyson Foods - Welch Property Aug 19.pdf1 19.pdf
Content -Type: application/pdf
Content -Encoding: base64
1 of 1 8/21/2008 9:02 AM

RE: Welch aerial photos
Subject: RE; -Welch aerial photos
From: "Baxter, Doug" <[e-mail]>
Date: Mon, 4 Aug 200.8 11:12':39. -0500
To: "Jim Barber" '<[e-mail]>
that's a great help. thanks -
From: Jim Barber [mailto:[e-mail]]
Sent: Monday, August 04, 2008 12:11, PM
To: Baxter, Doug; Art Barnhardt; Joel Shields
Subject: Re: Welch aerial photos _
Doug;
The photo's that I had during our meeting on 29 July came from the Montgomery County GIS website
( 1-ittp:Har6ims.webgis.net/nc/ optgomei-y/default.asp ).
For additional photo's of the area; Montgomery County tax office may have some older photo's, but if,
that is not the case you can contact NCDOT Division eight office -at 910-944-2344. Ask for John
Olinger, P.E. (division'construction engineer) and he can hopefully direct you to who/whom can -
provide additional photo's,if necessary.
Jim Barber
Baxter, Doug wrote:.
Jim
I'm having difficulty getting to those aerial photos for NCDOT Division 8 that you shared with us
during our meeting.' Could you- provide a contact name or a link'. I'm trying to get F&R out there
ASAP but need to provide the best siteinfo. Thanks, Doug
Doug Baxter
Area Environmental Manager
13264 Mountain Road
Glen Allen, VA 23059
804.798.8357.(office).
804.514.3170 (cell)
doug.baxter(cD-tyson.com
This email and any files 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 information contained -in this email or as a result of any
additions or deletions of information originally contained in this email.
1 of 2 8/5/2008 11:59 AM-

Re: Welch aerial photos
C
t4
i
Subject: Re: Welch aerial photos
From: Jim Barber <[e-mail]>
Date: Mon, 04 Aug 2008 12:10:57 -0400
To: "Baxter, Doug" <[e-mail]>, Art Barnhardt <[e-mail]>, Joel
Shields <[e-mail]>
Doug;
The photo's that I had during our meeting on 29 July came from the Montgomery County GIS website
( littp:Harcims.webgis.net/ne/montgomery/default.asp ).
For additional photo's of the area; Montgomery County tax office may have some older photo's, but if
that is not the case you can contact NCDOT Division eight office at 9 1 0-944-2344. Ask for John
Olinger, P.E. (division construction engineer) and he can hopefully direct you to who/whom can
provide additional photo's if necessary.
Jim Barber
Baxter, Doug wrote:
Jim -
I'm having difficulty getting to those aerial photos for NCDOT Division 8 that you shared with us
during our meeting. Could you provide a contact name or a link. I'm trying to get F&R out there
ASAP but need to provide the best site info. Thanks, Doug
Doug Baxter
Area Environmental Manager
13264 Mountain Road
Glen Allen, VA 23059
804.798.8357 (office)
804.514.3170 (cell)
doug.baxterap-tyson.com
This email and any files 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 information contained in this email or as
a result of any additions or deletions of information originally contained in this email.
1 of 1 8/4/2008 12:11 PM

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Re: NOV response and proposed monitoring plan
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Subject: Re: NOV response and proposed monitoring plan
From: Art Barnhardt <[e-mail]>
Date: Fri, 01 Aug 2008 08:59:44 -0400
To: "Baxter, Doug" <doug:[e-mail]>, Jim Barber <[e-mail]>, Joel Shields
<[e-mail]>, andrew pitiier <[e-mail]>
Thanks for the reply Doug. I am not sure why, but it appears .we did not
communicate'our position well enough during the meeting. We will not be
investigating anything further other than the manure hauler identification in an
attempt -to be sure he/she gets properly registered and follows the rules recently
established by the EMC. Any other relevant facts about Gary Welches nutrient
management history you wish to submit, we are awaiting,to hear from Tyson or their
agent. If specific information is available to reconstruct and quantify the
nutrient management recent history to show that the rates of application were in
line with agronomic rates, perhaps the case can be taken off the enforcement track.
As it stands now, we are still poised to seek enforcement of permit violations. I
hope that clarifies our stance on the issue. You have our approval'to proceed with
your monitoring plans.
ArtB . -
Baxter, Doug wrote:
Art -
Pursuant to our meeting on Tuesday, here's Tyson's written response to the NOV as
well as proposed groundwater assessment proposal. Upon your approval of this
plan (or following any changes you see necessary), I'll geta formal proposal
,from F&R for necessary field activities. Please let me know.if there's anyone
else I should copy. Also, please let me know if it is necessary to follow up
with a signed copy via mail. Thanks, Doug
<<Harmony NOV 2008-RC-0288 Welch monitoring plan final.doc
***Doug Baxter*
Area Environmental Manager
13264 Mountain Road -
Glen Allen, VA 23059
804.798.8357 (office)
804.514.3170 (cell)
[e-mail]
This email and any files transmitted with it are confidential and intended
solely for the use of the, addressee. Ifyouu 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,receip�t by reply and then delete this email and,
your reply. Tyson Foods4 Inc. and its subsidiaries and affiliates will not be
held liable to any person resulting from the unintended or unauthorized use of
any information contained in this email or as a result of any additions or
deletions of information originally contained in this email.
1 of 1 8/4/200'8 11:50 AM

RE: NOV response and proposed monitoring plan
Subject: RE: NOV response and proposed monitoring plan
From: "Baxter, Doug" <[e-mail]>
Date: Fri, 1 Aug 2008 08:45:10 -0500
To: "Art Barnhardt" <[e-mail]>, "Jim Barber" <[e-mail]>, "Joel
Shields" <[e-mail]>, "andrew pitner" <[e-mail]> "
Art -
We'll track down additional land application details. Are you able to
provide contact info for Mr. Welch. The number we have apparently is a
fax number. Thank you. Doug
Original Message ------
From: Art Barnhardt [mailto:[e-mail]]
Sent: Friday, August 01, 2008 9:00 AM
To:•Baxter, Doug; Jim Barber; Joel Shields; andrew pitner
Subject: Re: NOV response and proposed monitoring plan
i
Thanks for Ithe reply Doug. I am not sure why, but it appears we did not
communicate our position well enough during the meeting. We will not be..
investigating anything further other than the manure hauler
identification in an attempt to be sure he/she gets properly registered
and follows the rules recently established by the EMC. Any other
relevant facts about Gary Welches nutrient management.history you wish
to submit, we are awaiting to hear from Tyson or their agent. If
specific information is .available to reconstruct and quantify the
nutrient management recent history to show that the rates of application
were in line with agronomic rates, perhaps the case can be taken off the,
enforcement track.; As it stands now, we are still poised to seek
enforcement of permit violations. I hope that clarifies our stance on '
the issue. You have our approval to proceed with your monitoring plans.
ArtB.
Baxter, Doug wrote:
Art -
Pursuant to our meeting on Tuesday, here's Tyson's written response to
the NOV as well as proposed groundwater assessment.proposal. Upon
your approval of this plan (or following any changes you see .
necessary)-, I'll get a formal proposal from F&R for necessary field
activities. Please let me know if there's anyone else I should copy..
Also, please let me know if it is necessary, to follow up with a signed
copy via mail. Thanks, Doug
-<<Harmony NOV 2008-PC-0288 Welch monitoring plan final.doc>>
***Doug Baxter*
Area Environmental Manager
13264 Mountain Road
Glen Allen, VA 23059
1 of 2 8/4/2008 11:49 AM

RE: NOV response and proposed monitoring plan
804.798.8357 (office)
804.514.3170 (cell)
[e-mail]
This email and any files 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
Iof any 'information contained in this email or as a result of any
additions or deletions of information originally contained it this I.
email.
This email and any files 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 information contained in
'.this email or as a result of any additions or deletions of information originally
contained in this email.
2 of 2
8/4/2008 11:49 AM

SINCE FROEHLING & ROBERTSON, INC.
Engineering • Environmental • Geotechnical
2505 Hutchison-McDonal"d Road
Charlotte, North Carolina 28269 1 USA
Iasi
0IR T 704.596.2889 1 F 704.596.3784
August 19, 2006
Mr. Doug Baxter
Tyson Foods, Inc.
13264 Mountain Road
Glen Allen, Virginia 23059
Re: Proposal for Environmental Services
Gary Welch Property (Fields MT-01-16 & 17)
East & West of US Hwy 220, — 4,000 feet North of Cemetery Road
Norman, Montgomery County, North Carolina
F&R Proposal No. 0963-147E
Dear Mr. Baxter:
As requested, Froehling and Robertson, Inc. (F&R) appreciates the opportunity to submit this
proposal to provide environmental services at the above referenced site. The following presents
our understanding of the project, our proposed scope of services, our proposed* schedule, and our
proposed budget allowance.
PROJECT INFORMATION
The project site consists of several tracts of land owned by Mr. Gary Welch that cover
approximately 100 acres. A review of the North Carolina Department of Environment and Natural
Resources (NCDENR) Division of Water Quality (DWQ) Notice of Violation (NOV) dated July 1, 2008
references. two areas, fields MT-01-16 and MT-01-17 as shown on the attached drawing. The
primary past and current use of the fields is the grazing of cattle. Within the past three to five
years, US Highway 220 and a service road have been constructed which now transects both of the
fields, also shown on the attached drawing (Drawing 1). Prior to the construction of the new
roadways, it appears, the elevations of the ground surface in the areas of Fields 16 and 17 varied
from approximately 610 feet above mean sea level (MSL) to 625 feet above MSL with ground
surface sloping downward in all directions away from a topographically high point near the west
central portion of the site. Tyson Foods Harmony Plant has maintained a permit for the land
application of residual solids for these fields as well as other properties belonging to Mr. Welch for
approximately fifteen years. Tyson Foods had previously contracted with EMA Resources Inc, to
land apply the residual solids in accordance with the Tyson permit. In addition to the land
application of residual solids from the Tyson Foods Harmony Plant, F&R also understands that
chicken litter has been land applied to these fields. The exact timeframe and other details of the
application of chicken litter to the fields has not been determined at this time.
The NOV dated July 1, 2008 identified two violations and the required corrective actions for each
violation. One of the required corrective action items for the second violation is the preparation of
HQ: 3015 DUMBARTON ROAD RICHMOND, VA 23228 USA T 804.264.2701 F 804.264,1202 www.fandr.com
VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA • EASTERN EUROPE
A Woman -Owned Business

a groundwater monitoring plan to measure the potential impacts to groundwater. The DWQ has
indicated that water samples from two of four private water supply wells adjacent to the
application site (fields MT-01-16 & 17) have shown concentrations of nitrate above the drinking
water standard. Based upon information reviewed by F&R, there are three water supply wells
located on parcels owned by Mr. Welch as shown on the attached drawing (Drawing 1). The four
wells sampled by the NCDENR-DWQ are also shown on the attached drawing (Drawing 1).
Laboratory analysis indicated that two of the wells (Carpenter well & Sloan well) had nitrate
concentrations (Carpenter —15 mg/L & Sloan well —15 mg/L) above the regulatory level of ten (10)
milligrams per liter (mg/Q. The remaining two wells (Hailey well & Ritter well) had nitrate
concentrations of 5.2 mg/L and 5.3 mg/L, respectively, which are below the regulatory level of 10
mg/L. The depth of the wells is not known, however, based upon a conversation with Mr. Welch,
two of his wells are approximately one hundred feet deep.
PROPOSED SCOPE OF SERVICES
F&R proposes to perform. the following scope of services for the additional environmental
services;
TASK 1 — Visit the Fayetteville Regional Office to review the NCDENR file and obtain
copies of pertinent information. F&R personnel will also perform a site visit for
preparation'of a work plan.
❖ TASK 2 — Install approximately nine monitoring wells at selected locations within the
boundaries of the project site as shown on the attached drawing (Drawing 2). One set
of monitoring wells (6 wells) will be installed to intersect the near surface groundwater
table estimated to be approximately twenty to thirty feet beneath the existing ground
surface. Assuming a near surface groundwater elevation of approximately twenty-five
feet beneath the existing ground surface, a second set of monitoring wells (3 wells) will
be installed to an approximate depth of approximately sixty feet beneath the existing
ground surface. Based upon the location of water supply welis reportedly impacted by
nitrates, F&R anticipates that monitoring wells will be required in three different areas
of the site.
❖ TASK 3 — F&R personnel will obtain various measurements in the field including ground
surface elevations and groundwater'elevations. These measurements will be utilized to
determine the apparent groundwater flow direction or directions within the project site
boundaries.
❖ TASK 4 — F&R personnel will develop the monitoring wells and obtain groundwater
samples from the monitoring wells and the three water supply wells located within the
Welch property. F&R will also obtain hydraulic conductivity measurements at selected
well locations.
TASK 5 — Groundwater samples will be submitted to .North Carolina accredited
laboratory for analysis. The laboratory will be requested to analyze the samples for
nitrate (NO3).
Tyson Foods, Inc. Gary Welch Property
F&R Proposal 0963-147E 2 Auqust 19, 2009

❖ TASK 6 — Prepare a report of findings presenting a summary of our field activities and
observations, a summary of the laboratory analysis, and -our conclusions and
recommendations based upon our field activities and the results of the laboratory
analysis.
The following services are not included in the scope of our environmental services: surveying for
line and grade; a comprehensive evaluation of business operations/practices related to
compliance with applicable environmental regulations or -employee health and safety; waste
characterization and treatment schemes; geotechnical or structural engineering services; chemical
analysis of groundwater samples; asbestos surveys or related services; lead -based paint surveys or
related services; wetland. studies; radon surveys; or any other services not specifically presented in
this proposal.
FEES
Based upon our proposed scope of services, we would propose a budget allowance of $25,700.00
for the field services, sampling, laboratory analysis, and reporting. We have provided a cost
estimate. for the proposed services for your review. Our invoices will be prepared based. on the
actual amount of work performed and the unit rates shown, however, the estimated budget
allowance will not be exceeded without your prior approval.
AUTHORIZATION and ACKNOWLEDGEMENT
We anticipate that the field services described in this proposal can begin within five to seven
business days after receiving authorization to proceed, Weather permitting. The field work for
the additional work is anticipated to be completed in three to five business days and the
laboratory analysis will require seven to ten business days. The report will be issued within ten
to fifteen business days after completion of the laboratory analysis. In order to authorize F&R
to proceed, please complete the attached Agreement for Environmental Services or provide our
office with an appropriate purchase order for the scope of work as outlined previously. F&R
would be pleased to review this proposal at your convenience. If you have any questions or
require further information, please do not hesitate to contact the undersigned.
Respectfully,
FROEHLING & ROBERTSON, INC.
2008.08.19
06:15:22-04'00'
DeWitt Whitten, CHMM, REM, REPA, CES
Senior Environmental Professional
Tyson Foods, Inc. Gary Welch Property
F&R Proposal 0963-147E 3 August 19, 2009

. i-
i
FAR
COST ESTIMATE
ENVIRONMENTAL SERVICES
GARY WELCH PROPERTY
EAST & WEST OF US HIGHWAY 220
MONTGOMERY COUNTY, NORTH CAROLINA
TASK 1,
Review of Files at NCDENR-FRO
Site Visit
Travel & Mileage (1 Trip)
TASK 2
Drill Rig Mobilization to Site
Soil Borings
Monitoring Well Installation
On -site Supervision
Per Diem for Drill Crew
Per Diem for Env. Staff
TASK 3
Obtain Field Elevations (2-man crew)
Survey Equipment Rental
Travel & Mileage (1.Trip)
TASK 4
Well Development & Sampling
Per Diem for Env. Staff
Equipment for Hydraulic Conductivity
Sampling Supplies & Equipment
TASK 5
Unit Rate Quantity
Cost
$85/hr
3
$ .255.00
$85/hr
2
$ 170.00
$250/ea
1
250.00
SUBTOTAL
$ 675.00
$1200/ea
1
$ 1200.00
$12/ft
360
$ 4320.00
$22/ft
360
$ 7920.00
$80/hr
30
$ 2400.00
$150/day
3
$. 450.00
$100/day
3
300.00
SUBTOTAL
$ 16590.00
$130/day
8
$ 1040.00
$200/day
1
$ 200.00
allowance
1
250.00
SUBTOTAL
$ 1490.00
$80/hr
10
$ 800.00
$100/day
2
$ 200.00.
$250/day
1
$ ' 250.00
allowance
1
$ . 150.00
SUBTOTAL
$ 1400.00
Nitrate as NO3 (water) $40/ea 12 $ 480.00
Shipping and handling allowance 2 200.00
SUBTOTAL $ 680.00
Tyson Foods, Inc. Gary Welch Property
F&R Proposal 0963-147E 4 August 19, 2009

Environmental Project Manager $95.00/hr 40 $ 3800.00
Report Review $120.00/hr 4 $ 480.00.
Drafting personnel $55.00/hr 8 $. 440.00
Clerical personnel $40.00/hr 2 80.00
SUBTOTAL $ 4800.00
ESTIMATED TOTAL $25,635.00
i
Tyson Foods, Inc. Gary Welch Property
F&R Proposal 0963-147E 5 August 19, 2009

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SINCE
FROEHLING ROBERTSON, INC.
ENGINEERING • ENVIRONMENTAL GEOTECHNICAL
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tsar -
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
THISAGREEMENT, effective as of this 19th day of August 20 08 , is by and between
Tyson'Foods Inc. ("Client")
and Froehling & Robertson (F&R) ("Consultant").
THE PROJECT is generally described as: `
Gary Welch Property (Fields MT--01-16 & 17)
("Project") and is located at: East & West of US Hwy 220, approx. 4,000 feet North of Cemetery Road,
Norman Montgomery County, North Carolina ("Project Site").
THIS AGREEMENT consists of the following documents which are incorporated herein by reference:
• GENERAL CONDITIONS FOR ENVIRONMENTAL CONSULTING SERVICES; and
• Consultant's SCOPE OF SERVICES AND SCHEDULE OF CHARGES (Exhibit A); and
• Any documents specifically listed below or incorporated by reference in the listed documents.
Attached Proposal No. 0963-.147E
Consultant agrees to perform the Services set forth in this Agreement and in accordance with its terms, including all
attachments incorporated herein by reference. This Agreement may not be.modified or altered, except in writing as
specifically described in this Agreement.
CLIENT: CONSULTANT:
2008.08.19
Signature: 06:15:45-04'00'
Print Name: DeWitt Whitten
Title: Senior Environmental Professional
F
Company: Tyson Foods, Inc. F&R
Address: 13264 Mountain Road 2505 Hutchison -McDonald Rd.
Glen Allen, Virginia 23059 Charlotte, NC 28269
Phone No: 704-596-2889
Fax No: 704-596-3784
Date: 19 August 08
FORM NO. 1031 Page 1 of 8 Rev. 10/07

GENERAL CONDITIONS FOR ENVIRONMENTAL CONSULTING SERVICES
1. DEFINITIONS
I.I. Contract Documents. Plans, specifications, and
agreements between Client and Contractors, including
addenda, amendments, supplementary instructions, and
change orders.
1.2. Contractor. The contractor or contractors
retained to perform work on the Project; including without"
limitation remediation work, for which Consultant is
providing Services under this Agreement.
1.3. Day(s). Calendar day(s) unless otherwise stated.
1.4. Hazardous Materials. Any toxic substances,
chemicals, radioactivity, pollutants or other materials, in
whatever form or state, known or suspected to impair the
environment in any way whatsoever. Hazardous Materials
include, but are not limited to, those substances defined,
designated or listed in any federal, state or local law,
regulation or ordinance concerning hazardous wastes, toxic
substances or pollution.
1.5. Governmental Agencies. All federal, state and
local agencies having jurisdiction over the Project.
1.6. Services. The Services provided by Consultant
as set forth in this Agreement, the SCOPE OF SERVICES
included in Exhibit A and any written amendment to this
Agreement.
1.7. Work. The labor, materials, equipment and
services required to complete the work described in the
Contract Documents.
2. SCOPE OF SERVICES
Consultant will perform the Services set forth in the
attached SCOPE OF SERVICES.
2.1. Changes in Scope. If Consultant provides
Client with a written confirmation of a change in the
SCOPE OF SERVICES, it will become an amendment to
this Agreement unless Client objects in writing within 5
business days after receipt. All Services performed by
Consultant on the Project are subject to the terms and
limitations of this Agreement. If Consultant provides
Services, but the parties do not reach agreement concerning
modifications to the SCOPE OF SERVICES or
compensation, then the terms and limitations of this
Agreement apply to such Services, except for the payment
terms. The parties agree to resolve disputes concerning
modifications to scope or compensation pursuant to Section
18, "Disputes."
2.2. Licenses. Consultant will procure and maintain
business and professional licenses and registrations
necessary to provide its Services.
2.3. Excluded Services. Consultant's Services under
this Agreement include only those Services specified in the
SCOPE OF SERVICES.
2.3.1. General. Client expressly waives any
claim against Consultant resulting from its failure to
perform recommended additional services that Client has
not authorized Consultant to perform, and any claim that
Consultant failed to perform services that Client instructs
Consultant not to perform.
2.3.2. Biological Pollutants. Consultant's
SCOPE OF SERVICES specifically excludes the
investigation, detection, prevention or assessment of the
presence of Biological Pollutants. The term "Biological
Pollutants" includes, but is not limited to, molds, fungi,
spores, bacteria, viruses, and/or any of their byproducts.
Consultant's SCOPE OF SERVICES will not include any
interpretations, recommendations, findings, or conclusions
pertaining to Biological Pollutants. Client agrees that
Consultant has no liability for any claims alleging a failure
to investigate, detect, prevent, assess, or make
recommendations for preventing, controlling, or abating
Biological Pollutants. Furthermore, Client agrees to
defend, indemnify, and hold harmless Consultant from all
claims by any third party concerning Biological Pollutants,
except for damages caused by Consultant's sole negligence.
3. PAYMENTS TO CONSULTANT
3.1. Basic Services. Consultant will perform all
Services set forth in the attached SCOPE OF SERVICES
AND SCHEDULE OF CHARGES for the amount(s) set
forth therein.
3.2. Additional Services. Any Services performed
under this Agreement, except those Services expressly
identified in the attached SCOPE OF SERVICES, will be
provided on a time and materials basis unless otherwise
specifically agreed to in writing by both parties.
3.3. Estimate of Fees. In the event that the
Consultant provides a written estimate of the costs to
perform the Services, the Consultant will, to the best of its
ability, perform the Services and accomplish the objectives
defined in this Agreement within said written cost estimate.
Client recognizes that changes in scope and schedule, and
unforeseen circumstances can all influence the successful
completion of Services within the estimated cost. The use
of a "not to exceed" limitation is not a guarantee that the
Services will be completed for that amount; rather, it
indicates that Consultant will not incur fees and expenses in
excess of the limitation amount without obtaining Client's
agreement to do so. Under no circumstances shall a written
cost estimate be deemed to be a "not to exceed" price unless
it is expressly so stated in this Agreement.
3.4. Rates. Clients will pay Consultant at the rates
set forth in the SCHEDULE OF CHARGES.
3.4.1 Changes to Rates. Client and Consultant
agree that the SCHEDULE OF CHARGES is subject to
FORM NO. 1031 Page 2 of 8 Rev. 10/07

periodic review and amendment, as appropriate, to reflect
Consultant's then -current fee structure. Consultant will
give Client at least 30 days advance notice of any changes.
Unless Client objects in writing to the proposed amended
fee structure within 30 days of notification, the amended fee
structure will be incorporated into this Agreement and will
then supersede any prior fee structure. If Client timely
objects to the amended fee structure, and Consultant and
Client cannot agree upon a new fee structure within 30 days
after notice, Consultant may terminate this Agreement.
Such termination shall constitute a termination other than
Consultant's material breach of the Agreement and Client
shall compensate the Consultant as set forth under Section
17.3, Termination, within 10 days after Consultant's notice
of termination.
3.5. Payment Tinning; Late Charge. All invoices
are due upon receipt. All amounts unpaid 30 days after the
invoice date will include a late payment charge from the
date of the invoice, at the rate of 1-1/2% per month or the
highest rate permitted by law. Attorney's fees and other
costs incurred by Consultant in collecting past due amounts
shall be paid by Client.
4. STANDARD OF PERFORMANCE;
DISCLAIMER OF WARRANTIES
4.1. Professional Standards . Client acknowledges
that Projects that include hazardous or toxic materials and/
or investigations of chemicals in the environment involve
inherent uncertainties, such as limitations on laboratory
analytical methods and variations in subsurface conditions.
Such uncertainties may adversely effect a Project's results,
even though the Services are performed with skill and care.
Client further acknowledges that Consultant's testing and
other reports apply only to the services identified and to the
samples tested. The data presented by Consultant represents
conditions only at the specified locations and at the time
designated. Client acknowledges that the data may not
represent conditions at other locations and times.
4.1.1. Evolving Technologies. The investigation,
characterization and remediation of hazardous waste
involve technologies which are rapidly evolving. Existing
state-of-the-art technologies are often new and untried, and
future technologies may supersede current techniques. In
addition, standards of remediation, including statutes and
regulations, change with time. Client understands that
Consultant's recommendations must be based upon current
technologies and standards and may differ , from the
recommendations that might be made at a later time.
4.1.2. Level of Service. Consultant offers
different levels of Environmental Consulting Services to
suit the desires and needs of different clients. Although the
possibility of error can never be eliminated, more detailed
and extensive Services yield more information and reduce
the probability of error, but at increased cost. Client must
determine the level of Services adequate for its purposes.
Client has reviewed the SCOPE OF SERVICES and has
determined that it does not need or want a greater level of
service than that being provided.
4.1.3. Standard of Care. In providing Services
under this Agreement, the Consultant will endeavor to
perform in a manner consistent with that degree of care and
skill ordinarily exercised by members of the same
profession currently practicing in the same locale as the
Project and under similar circumstances and at the same
time the Services were performed.
4.2. No Warranty. THERE ARE NO EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE
NOT SPECIFIED HEREIN, RESPECTING THIS
AGREEMENT OR THE EQUIPMENT,
DOCUMENTATION, REPORTS, DESIGN PLANS,
DRAWINGS, SPECIFICATIONS, OTHER
DOCUMENTS AND SERVICES TO BE PROVIDED
HEREUNDER OR THE DELIVERY, USE OR
PERFORMANCE THEREOF.
5. CONTRACTOR'S PERFORMANCE
5.1. Contractor's Performance. Consultant does
not, and cannot, warrant or guarantee that all of the
Work performed by Contractor meets the requirements
of Consultant's recommendations, the plans and
specifications for the Work or the Contract Documents;
nor can Consultant be responsible for Contractor's
failure to perform the Work in accordance with the
plans, specifications, Contract Documents or the
recommendations of Consultant. Consultant will not
supervise, direct or have control over the Work, nor will
Consultant have authority over the responsibility for the
means, methods, techniques, sequences or procedures
selected by Contractor for the Project; for safety
precautions and programs incident to the Work; nor for
any failure of Contractor to comply with all applicable laws
and regulations applicable to Contractor furnishing and
performing its Work. Consultant shall not be liable for
any failure of Contractor to complete its Work in
accordance with the Contract Documents or with applicable
laws and regulations.
5.2. Tests. Tests performed by Consultant on
finished Work or Work in progress are taken intermittently
and indicate the general acceptability of the Work on a
statistical basis. Consultant's tests and observations of the
Work are not a guarantee of the quality of other parties'
work and do not relieve other parties from their
responsibility to perform their work in accordance with
applicable plans, specifications and requirements.
FORM NO. 1031 Page 3 of 8 Rev. 10/07

6. ESTIMATE OF REMEDIATION COSTS
Client acknowledges that environmental remediation costs
are subject to many influences that are not subject to precise
forecasting and are outside of Consultant's control. Client
further acknowledges that actual costs incurred may vary
substantially from the estimates prepared by Consultant and
that Consultant does not warrant or guaranty the accuracy
of environmental remediation cost estimates.
7. CLIENT'S RESPONSIBILITIES
In addition to payment for the Services performed under
this Agreement, Client agrees to:
7.1. Cooperation. Assist and cooperate with
Consultant in any manner necessary and within its ability to
facilitate Consultant's performance under this Agreement.
7.2. Representative. Designate a representative with
authority to receive all notices and information pertaining to
this Agreement, communicate Client's policies and
decisions, and assist as necessary in matters pertaining to
the Project and this Agreement. Client's representative will
be subject to change by written notice.
7.3. Rights of Entry. Provide access to and/or obtain
permission for Consultant to enter upon all property,
whether or not owned by Client, as required to perform and
complete the Services. Consultant will operate with
reasonable care to minimize damage to the Project Site(s).
However, Client recognizes that Consultant's operations
and the use of investigative equipment may unavoidably
alter conditions or affect the environment at the existing
Project Site(s). The cost of repairing such damage will be
borne by Client and is not included in the SCOPE OF
SERVICES unless otherwise stated.
7.4. Relevant Information. Supply Consultant with
all information and documents in Client's possession or
knowledge which are relevant to Consultant's Services.
Client warrants the accuracy of any information supplied by
it to Consultant, and acknowledges that Consultant is
entitled to rely upon such information without verifying its
accuracy. Prior to the commencement of any Services in
connection with a specific property, Client will notify
Consultant of any known potential or possible health or
safety hazards existing on or near the Project Site, with
particular reference to Hazardous Materials or conditions.
7.5. Subsurface Structures. Correctly designate the
location of all subsurface structures on plans to be furnished
to Consultant, such as pipes, tanks, cables and
utilities within the property lines of the Project Site(s), and
be responsible for any damage inadvertently caused by
Consultant to any such structure or utility not so designated.
Consultant is not liable to Client for any losses, damages or
claims arising from damage to subterranean structures or
utilities that were not correctly shown on plans furnished by
Client to Consultant.
7.6. Manifests. Execute all manifests or other
documents evidencing ownership, possession or control
over Hazardous Materials.
7.7. Notification to Authorities. Provide all required
notifications to applicable Governmental Agencies,
regulatory bodies or the public related to the existence,
discharge, release, disposal, and/or transportation of
Hazardous Materials.
8. CHANGED CONDITIONS
If Consultant discovers conditions or circumstances that
it had not contemplated at the commencement of this
Agreement ("Changed Conditions"), Consultant will
notify Client in writing of the Changed Conditions. Client
and Consultant agree that they will then renegotiate in good
faith the terms and conditions of this Agreement. If
Consultant and Client cannot agree upon amended terms
and conditions within 30 days after notice, Consultant may
terminate this Agreement and be compensated as set forth
in Section 17.3, "Termination", within 10 days after
Consultant's notice of termination.
9. CERTIFICATIONS
Client agrees not to require that Consultant execute any
certification with regard to Services performed or Work
tested and/or observed under this Agreement unless:
1) Consultant believes that it has performed sufficient
Services to provide a sufficient basis to issue the
certification; 2) Consultant believes that the Services
performed or Work tested and/or observed meet the criteria
of the certification; and 3) Consultant has reviewed and
approved in writing the exact form of such certification
prior to execution of this Agreement. Any certification
by Consultant is limited to an expression of professional
opinion based upon the Services performed by Consultant,
and does not constitute a warranty or guarantee, either
expressed or implied.
10. ALLOCATION OF RISK
10.1 Limitation of Liability. In recognition of the
relative risks and benefits of the Project to both the Client
and the Consultant, the risks have been allocated such
that the Client agrees, to the fullest extent permitted by
law, to limit the liability of the Consultant to the Client for
any and all claims, losses, damages of any nature
whatsoever or claims expenses from any cause or causes,
including reasonable attorney's fees and costs and expert
witness fees and costs, so that the total aggregate liability
of the Consultant to the Client arising out of the Project
shall total $50,000, or the Consultant's total fee for
Services on this Project, whichever is greater. It is
intended that this limitation apply to any and all liability
or causes of action however alleged or arising, unless
otherwise prohibited by law.
10.2. Indemnification.
10.2.1. Indemnification. The Client agrees, to
the fullest extent permitted by law,
to indemnify and hold harmless Consultant, its officers,
directors, employees and subconsultants (collectively,
Consultant) against all damages, liabilities or costs,
FORM NO. 1031 Page 4 of 8 Rev. 10/07

including reasonable attorney's .fees and defense costs, to
the extent caused by the Client's negligent acts in
connection with the Project and the acts of its contractors or
consultants or anyone for whom the Client is legally
liable.
The Consultant agrees, to the fullest extent permitted by
law, to indemnify and hold harmless the Client, its officers,
directors and employees (collectively, Client) against all
damages, liabilities or costs, including reasonable attorney's
fees and defense costs, to the extent caused by the
Consultant's negligent performance of professional services
under this Agreement and that of its subconsultants or
anyone for whom the Consultant is legally liable.
10.2.2. Hazardous Materials Indemnification. Except
to the extent caused by Consultant's sole
negligence, Client expressly agrees to defend, indemnify
and hold harmless Consultant, its officers, directors,
employees and subconsultants from and against any and all
damages, liabilities or costs, including reasonable attorney's
fees and defense costs, arising from or related to the
existence, disposal, release, discharge, treatment or
transportation of Hazardous Materials, or the exposure of
any person to Hazardous Materials, or the degradation of
the environment due to the presence, discharge, disposal,
release of or exposure to Hazardous Materials.
10.3. Consequential Damages. Neither Client nor
Consultant, nor their respective officers, directors, partners
or employees, shall be liable to the other or shall make any
claim for any incidental; indirect, special, exemplary,
punitive, or consequential losses or damages arising out of
or connected in any way to the Project or to this Agreement.
This mutual waiver of consequential damages shall include,
but is not limited to, loss of use, loss of business, loss of
income, loss of reputation or any other consequential
damages that either party may have incurred from any cause
of action including negligence, strict liability, breach of
contract and breach of strict, express or implied warranty.
Both the Client and the Consultant shall require similar
waivers of consequential and other damages protecting all
the entities or persons named herein in all contracts and
subcontracts with others involved in this Project.
10.4. Continuing Agreement. The indemnity
obligations and the limitations of liability established under
this Agreement will survive the expiration or termination of
this Agreement. If Consultant provides Services to Client
that the "parties do not confirm through execution of an
amendment to this Agreement, the obligation of the parties
to indemnify each other and the limitations on liability
established under this Agreement apply to such Services as
if the parties had executed an amendment.
11. INSURANCE
11.1. Consultant's Insurance. Consultant will
obtain, if reasonably available, the following coverages:
I1.1.1. Statutory Workers' Compensation i
Employer's Liability Insurance;
11.1.2. Commercial General Liability Insurance
with a combined single limit of $1,000,000;
11.1.3. Automobile Liability Insurance,
including liability for all owned, hired and non -owned
vehicles with minimum limits of $1,000,000 for bodily
injury per person, $1,000,000 property damage, and
$1,000,000 combined single limit per occurrence; and,
11.1.4. Professional Liability Insurance in
amounts of $1,000,000 per claim and annual aggregate.
11.2 Contractor's Insurance. Client shall require
that all Contractors and subcontractors for the Project name
Consultant as an additional insured under. their General
Liability and Automobile Liability insurance policies.
If Client is not the Project owner, Client will require
the Project owner to require the project owner's Contractor
to purchase and maintain General Liability, Builder's
Risk, Automobile Liability, Workers' Compensation, and
Employer's Liability insurance with limits no less than
as set forth above, and to name Consultant and its
subcontractors and subconsultants as additional insureds on
the General Liability Insurance.
11.3. Certificates of Insurance: Upon request,
Consultant and Client will each provide the other with
certificate(s) of insurance evidencing the existence of the
policies required herein. Except for Professional Liability
and Workers' Compensation Insurance, all policies required
herein shall contain a waiver of subrogation.
12. OWNERSHIP AND USE OF DOCUMENTS
12.1. Client Documents. All documents provided by
Client will remain the property of Client. Consultant will
return all such documents to Client upon request, but may
retain file copies of such documents.
12.2. Consultant's Documents. Unless otherwise
agreed in writing, all documents and information prepared
by Consultant or obtained by Consultant from any third
party in connection with the performance of Services,
including, but not limited to, Consultant's reports, boring
logs, maps, field data, field notes, drawings and
specifications, laboratory test data and other similar test
documents (collectively "Documents") are the property of
Consultant. Consultant has the right, in its sole discretion,
to dispose of or retain the Documents.
12.3. Use of Documents. All Documents prepared by
Consultant are solely for use by Client and will not be
provided by either party to any other person or entity
without Consultant's prior written consent. Except as set
forth herein, neither Consultant nor Client will disclose,
disseminate or otherwise provide such reports or
information except as required for the completion of Con-
tractor's work or the monitoring of the Project by
Governmental Agencies.
12.3.1. Use by Client. Client has the_ right to
reuse the Documents for purposes reasonably connected
with the Project for which the Services are provided,
including without limitation design and licensing
requirements of the Project.
FORM NO. 1031 Page 5. of 8 Rev. 10/07

12.3.2. Use by Consultant. Consultant retains
the right of ownership with respect to any patentable
concepts or copyrightable materials arising from its
Services and the right to use the Documents for any
purpose.
12.4. Electronic Media. Consultant may agree at
Client's request to provide Documents and information in
an electronic format. Client recognizes that Documents or
other information recorded on or transmitted as electronic
media are subject to undetectable alteration due to (among
other causes) transmission, conversion, media degradation,
software error, or human alteration. Accordingly, all
Documents and information provided by Consultant in
electronic media are for informational purposes only and
not as final documentation. Unless otherwise defined in the
SCOPE OF SERVICES, Consultant's electronic
Documents and media will conform to Consultant's
standards. Consultant will provide any requested electronic
Documents for a 30 day acceptance period, and Consultant
will correct any defects reported by Client to Consultant
during this period. Consultant makes no warranties, either
express or implied, regarding the fitness or suitability of
any electronic Documents or media.
12.5. Unauthorized Reuse. No party other than Client
may rely, and Client will not represent to any other party
that it may rely on Documents without Consultant's express
prior written consent and receipt of additional
compensation. Client will not permit disclosure, mention,
or communication of, or reference to the Documents in any
offering circular, securities offering, loan application, real
estate sales documentation, or similar promotional material
without Consultant's express prior written consent. Client
waives any and all claims against Consultant resulting in
any way from the unauthorized reuse or alteration of
Documents by itself or anyone obtaining them through
Client. Client will defend, indemnify and hold harmless
Consultant from .and against any claim, action or
proceeding brought by any party claiming to rely upon
information or opinions contained in Documents provided
to such person or entity, published, disclosed or referred to
without Consultant's prior written consent.
13. SAMPLES AND CUTTINGS
13.1. Sample Retention. If Consultant provides
laboratory testing or analytic Services, Consultant will
preserve such soil, rock, water, or other samples as it deems
necessary for the Project, but no longer than 45 days after
issuance of any Documents that include the data obtained
from these samples. Client will promptly pay and be
responsible for the removal and lawful disposal of all
contaminated samples, cuttings, Hazardous Materials, and
other hazardous substances.
13.2. Monitoring Wells. Client will take custody of
all monitoring wells and probes installed during any
investigation by Consultant, and will take any and all
necessary steps for the proper maintenance, repair or
closure of such wells or probes at Client's expense.
14. RELATIONSHIP OF THE PARTIES
Consultant will perform Services under this Agreement as
an independent contractor. Nothing contained in this
Agreement, or in the performance of Consultant and Client
hereunder, is intended to benefit nor shall inure to the
benefit of any third party.
15. ASSIGNMENT AND SUBCONTRACTS
Neither party may assign this Agreement, in whole or in
part, without the prior written consent of the other party,
except for an assignment of proceeds for financing
purposes. Consultant may subcontract for the services of
others without obtaining Client's consent if Consultant
deems it necessary or desirable for others to perform certain
Services.
16. SUSPENSION AND DELAYS
16.1. Procedures. Client may, at any time by 10 days
written notice suspend performance of all or any part of the
Services by Consultant. Consultant may terminate this
Agreement if Client suspends Consultant's Services for
more than 60 days and Client will pay Consultant as set
forth under section 17.3, "Termination." If Client suspends
Consultant's Services, or if Client or others delay
Consultant's Services, Client and Consultant agree to equi-
tably adjust: (1) the time for completion of the Services;
and (2) Consultant's compensation .in accordance with
Consultant's then current SCHEDULE OF CHARGES for
the additional labor, equipment, and other charges
associated with maintaining its workforce for Client's
benefit during the delay or suspension, or charges incurred
by Consultant for demobilization and subsequent
remobilization.
16.2. Liability. Consultant is not liable to Client for
any failure to perform or delay in performance due
to circumstances beyond Consultant's control, including but
not limited to pollution, contamination, or release of
hazardous substances, strikes, lockouts, riots, wars, fires,
flood, explosions, "acts of God," adverse weather
conditions, acts of government, labor disputes, delays in
transportation or inability to obtain material and equipment
in the open market.
17. TERMINATION
I7.1. Termination for Convenience. Consultant and
Client may terminate this Agreement for convenience upon
30 days written notice delivered or mailed to the other party.
17.2. Termination for Cause. In the event of a
material breach of this Agreement, the party not breaching
the Agreement may terminate it upon 10 days written notice
delivered or mailed to the other party. The termination
notice shall state the basis for the termination. The
Agreement may not be terminated for cause if the
breaching party cures the breach within the 10-day period.
17.3. Payment on Termination. Following termination
other than for a material breach of this Agreement by
FORM NO. 1031 Page 6 of 8 Rev. 10/07

Consultant, Client will pay Consultant for Services
performed prior to the termination notice date, and for any
necessary Services and expenses incurred in connection
with the termination of the Project, including but not lim-
ited to, the cost of completing analysis, records and reports
necessary to document job status at the time of termination
and costs associated with termination of subcontractor
contracts in accordance with Consultant's then current
SCHEDULE OF CHARGES.
18, DISPUTES
18.1. Mediation. All disputes between Consultant and
Client are subject to mediation. Either party may demand
mediation by serving a written notice stating the essential
nature of the dispute, amount of time or money claimed,
and requiring that the matter be mediated within 45 days of
service of notice.
. 18.2. Precondition: to Other Action. No action or suit
may be commenced unless the mediation did not occur
within 45 days after service of notice; or the mediation
occurred but did not resolve the dispute; or a statute of
limitation would elapse if suit was not filed prior to 45 days
after service of notice.
18.3. Choice of Lmv, Venue. This Agreement will be
construed with and governed by the laws of the -
Commonwealth of Virginia:
18.4. Statutes of Limitations. To the fullest extent
permitted by law,'no action, regardless of form, arising out
of the Services under this Agreement, may be brought by
either party more than two (2) years after the act or
omission giving rise to a cause of action has occurred,
except that an action for nonpayment against Client may be
brought within two (2) years from the date of the last
payment or the date of Consultant's original invoice for
such service, whichever is later.
19. MISCELLANEOUS
19.1. Integration and Severability. This Agreement
reflects the entire agreement of the parties with respect to its
terms and supersedes all prior agreements, whether
written or oral. If any portion of this Agreement is void or
voidable, such portion will ,be deemed stricken and the
Agreement reformed to as closely approximate the stricken
portions as the law allows.
19.2. Modification of this Agreement. This
Agreement may not be modified 'oi altered, except by a
written agreement signed by authorized representatives of
both parties and referring specifically to this Agreement.
19.3. Notices. Any and all notices, requests,
instructions or other communications given by either party
to the other must be in writing and either hand .delivered to
the recipient or delivered by first-class mail (postage
prepaid) or express mail (billed to sender) at the addresses
given in this Agreement.
19.4. Headings. The headings used in this Agreement
are for convenience only .and are not a part of this
Agreement.
19.5. Waiver. The waiver of any term, conditions or
breach of this Agreement will not operate as a subsequent
waiver of the same term, condition, or breach.
19.6. Default. Notwithstanding any other provision
contained in this Agreement, Client agrees to pay
Consultant all reasonable expenditures incurred by
Consultant in enforcing the terms of this Agreement
including reasonable attorney's fees and court costs, if any.
End of General Conditions
FORM NO. 1031 Page 7 of 8 Rev. 10/07

EXHIBIT A: CONSULTANT'S SCOPE OF SERVICES
AND SCHEDULE OF CHARGES
Consultant's Proposal or other description of (1) Scope of Services, and (2) Schedule of Charges for the Work covered by
this Agreement is either:
❑ Listed below; or
Attached in a separate document(s)
F&R Proposal 0963-057E
FORM NO. 1031 Page 8 of 8 Rev. 10/07

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Re: Tyson Foods NOV - Welch Property
Subject: Re: Tyson Foods NOV - Welch Property
From: Art Barnhardt <[e-mail]>
Date: Tue, 05-Aug 2008 16:31:57 -0400
To: Dewitt Whitten <[e-mail]>,- Joel Shields <[e-mail]>,
[e-mail]
Joel & Jim:
Please be sure the complete file is available for Dewitt at the receptionist's
desk. If it is not possible to assemble the information -due to.your field work
etc. please let Dewitt know'so he does not waste a trip on Thursday.
ArtB.
Dewitt Whitten wrote:
Art,
I was contacted by Doug Baxter of Tyson Foods late last week and he has requested.
F&R provide assistance with regard to the NOV for the Welch property and I•plan
to visit the Welch.property on Thursday afternoon. If possible, I would like to
visit the -FRO on Thursday,morning to make copies of any readily available
information that the FRO has in their files at this time. Can you let me know if
that would be possible? .I would try to be at the FRO between 10 and 11 am on
Thursday.
*DeWitt Whitten, CHMM, REM, REPA, CES*
Senior Environmental Professional
*FROEHLING & ROBERTSON, INC. **
*2505 Hutchison McDonald Road,,Charlotte, North Carolina 282691 USA
T 704.596.2889 1 F 704.596.3784 I M 704.560.6932*
www.FandR.com <http://www.fandr.com/>*
------------------ -----------------------------------------------------
The content of this email is the confidential property of Froehling & Robertson,
Inc. ,(F&R) and should not be copied, modified, retransmitted, or used for any
purpose except with F&R's written authorization.. If you are not the intended
recipient, please delete all copies and notify the sender immediately.
1 of 1 8/5/2008 4:53 PM

Ifs what Your . �?'�ZZIv . deserves:"
... J
July 31; 2008
Mr. ArtBarnhardt, L:G.; Regional Aquifer. Protection Supervisor
Division of Water Quality, Groundwater Section
North Carolina Department of Environment and Natural Resources -
225 Green'Stre'et, Siiite 714 :.
...Fayetteville,. North. Carolina- 283 01-5.043
Re: Response to Notiee of Violation / Notice of Intention to Enforce and .
Proposed Groundwater. Monitoring Plan
Tyson Foods: Inc. = NOV=2008=PC-0288.
Land Application Permit WQ0000701
Gary Welch Fields MT-01-16 & MT=-O f 4 7
Fayetteville, North Carolina -
Mr: Barnhardt:.
I' write on behalf of Tyson Foods, Iiic. (Tyson). regarding the above referenced Notice of. Violation'dated -
July l ,, 2008 (NOV) and -the . July, 29, 2008. meeting between North Carolina -Department of Environment and
Natural- Resources (DENR) personnel and .representatives from .Tyson. As required. by the .NOV, this letter .
includes a written response to. the: alleged Violations as. well- as ' a proposed groundwater monitoring program for
the affected application fields. As discussed during the July 29 meeting, it must: be reiterated. that -'all land
application activities were. performed on behalf of. Tyson by - a. subcontracted residuals management vendor,
-EMA Resources, Inc. (EMA). Therefore- Tyson's response is based on information provided by EMA. .
Violation I Failure to meet. the. Operation &Maintenance Standards.within.Section II (13). Under
nocircumstances shall the. PAN loading rates land applied to any. sitebeexceeded:
The annual residual. reports submitted -to. the.North Carolina .Division of Water Quality (NCDWQ) for
2006 and 2007, for: the Gary. Welch fields number MT-01716 and MT-01-17 by Tyson Foods .exceeded the PAN
loading rate for each of these "fields.: The reported. acreage is at least 22% (likely more). over estimated due to
some of the field. area. being removed form crop -rotation- because, the Highway 220 By -Pass right -of -way was
constructed through . the field. '.No modification to the, net- available acreage Was- accounted for. - and - no
information was'submitted.io the. NCDWQ-to.reflect--this.bh- - e.,'The amount'ofresiduals.land applied,'to these'
f elds ' exceeded. the. permit- limits, due in .part- for this reason.
The 2007 annual, residual reportindicated, a.. Bermuda crop. (PAN rate of'220. lbs/ac) for MT-0.1-16 and
MT-01-1.7: Upon investigation by NCDWQ, "the actual crop planted was a rye_ grass .pasture (PAN rate, of 200 .
lbs/ac) that was being grazed .bq .cattle. This'fact also points to over. application of residuals. .

Required Corrective Action for Violation I. Tyson Foods shall ensure that the proper application rates
are being applied for the correct crop planted or to be planted. Field acreages need to. be verified and corrected
based on current field conditions. Once field acreages are verified corrections need to be made to Attachment B
of Permit WQ0000701, the crop management plan and the annual residuals report(s) need to be corrected."
Response: EMA indicated that construction of the 220 By -Pass was not completed until after their final
residuals application in September 2007 and that during land application events in 2006 (20 days) and 2007 (27
days) construction had not progressed to the extent that acreage was significantly" limited. EMA also stated that
Bermuda grass was the crop in place at the time of land application and that the land -owner may have re-
planted rye for grazing in the winter. We understand, that NCDWQ personnel will confirm whether this
representation is correct..
Proposed Corrective Action for Violation I.
MT-01-11 will be removed from Permit ' WQ0000701
submitted through the Moorseville Regional Office.
To prevent recurrence, application sites MT-0I-16 and
immediately. Necessary permit modifications will be
Violation H: Failure to maintain proper records accounting for animal waste or other nutrient
sources applied to fields MT-01-16 and MT-01-017 — "Monitoring and Reporting Requirements III (6.i)"..
Based on information gathered during the investigation of this violation, NCDEQ has learned that
chicken manure has been routinely applied -to fields MT-01-16 and'MT-01-17. There does not appear to be an
accounting for this chicken manure application in the.past or present annual residuals report.
Required Corrective Action of Violation 1I: Begin tracking and reporting all, sources of nutrients
applied inthe future and account for these -sources of nutrients within the annual' report that is required by your
permit.
Response: EMA' indicates no knowledge of chicken manure being applied the land application sites.
Furthermore, pursuant to the terms of a Landowner Agreement Form between EMA and the landowner; the
landowner acknowledged that no other nutrient source would be land applied to the site without documentation
and monitoring. During the July 29 meeting, NCDWQ personnel indicated that the subject site may or may not
have an existing nutrient management plan (NMP) which would address additional nutrient sources. It is
Tyson's understanding that NCDWQ will investigate and determine the accuracy of this allegation. .
Proposed Corrective Action for Violation I. Application sites MT-01-16, and MT-01-17 will be
removed from Permit WQ0000701 immediately. -Subsequently, -nutrient management for these fields will no
longer be a responsibility of Tyson. Any land application and associated recordkeeping for chicken manure
and/or other nutrients by the landowner or others will be the responsibility of the current landowner. Necessary
permit modifications will be submitted through the Moorseville Regional Office.
Additional Requirements: NCDWQ personnel indicated that groundwater samples from wells in the
vicinity of the subject site indicate elevated nitrate levels (15 ppm) as well as the presence of organic pesticides.
Therefore, a groundwater monitoring program will be conducted to determine' whether land application of
residuals under Tyson Food's Permit WQ0000701 resulted in an adverse impact to the local groundwater
regime.

- j--
Tyson will work with- the consulting firm of Froehling & Robertson, Inc. (F&R), to conduct a
groundwater monitoring program and provide a report on the program's findings. The program. will include a
review of available historical water monitoring results conducted by NCDWQ, a site inspection and review of
local topography, and an assessment of groundwater quality on the land application, fields. - The groundwater
quality assessment will .include the installation of a series of monitoring wells, 'groundwater sampling and
chemical analysis. Groundwater samples will be analyzed for nitrates via Standard Methods 18/4500.
A detailed proposal will. be submitted to NCDENR following an initial site inspection by F&R. The
proposal will likely include the installation of 4-6 groundwater monitoring wells (2-3 wells per application .
fields MT-01-16 and MT-01-17) and quarterly monitoring of nitrates for all.wells. Quarterly reports will be
submitted to NCDENR within 30 days of, the, associated sampling event. Increased. or decreased sampling
frequencies and analysis will be performed based on the results of analysis and NCDWQ requirements.
In lieu of the proposed corrective .action measures, we request that NCDENR not seek an enforcement
action at this time. The groundwater quality assessment will commence upon NCDENR's approval of the
proposed groundwater monitoring proposal. We appreciate your assistance iri this, matter. Please contact me at
804.798.8357 if you have any questions.
Sincerely,
TYSON FOODS, INC.
Doug Baxter
Area Environmental Manager
cc: Mr. Dan Crowe, Tyson Foods - RVAF
Mr. Jimmy Mardis, EHS Group Director, Tyson
Mr. Tim Jones, Tyson Legal
Mr. Danny Wyatt, Tyson

July 17, 2008
Mr. Dan Crowe
Plant Manager
Tyson Foods, Inc.
River Valley Animal Foods
P.O. Bx. 158
Harmony, NC 28634
RE. NOV- Tyson Foods, Inc.
Dear Dan,
Pursuant to our conversation, and receipt of a copy of Tyson's Notice of Violation, the
following is EMA Resources, Inc.'s opinions and suggestions, as you prepare. your
response.
Violation I: Failure to meet the Operation & Maintenance Standards within
Section II (13).
"The annual residual reports submitted to the NCDMV for 2006 and 2007 for the Gary
Welch fields number M7=01-16 and 17 by Tyson Foods, exceeded the PAN loading rate
for each of these fields. The reported acreage is at least 22% (likely more) over the
estimated due to some of the field area being removed from crop rotation because the
Highway 220 Bypass right of way was constructed through the field. No modification to
the net available acreage was accounted for and no information was submitted to the
NCDWQ to reflect this change. The amount of residuals land applied to these fields
exceeded the permit limits, due in part for this reason.
Response
It is an accurate statement that, at the conclusion of construction, there was a reduction in
applicable acreage on site MT=01-16 and 17. As previously stated in a response and
correspondence with DWQ, we were waiting until the completion of the construction
before submitting amended maps/acreage. This was to avoid submitting amendments as
each minimal reduction occurred as construction progressed. It would have been
extremely prohibitive to accurately account for exact acreages at various stages of
construction. It should also be noted that the construction was not completed until after
the last application in September of 2007.

As stated in the 2006 and 2007 annual reports, the following were the lbs/ac PAN for
each of these sites:
MTI-16 MTI-17
2006 214 212
2007 191 214.
*The lbs/acre PAN limit for Bermuda Grass is 220 lbs/acre.
During the application events (20 days in 2006, and 27 days in 2007), the stage of
construction had not progressed to the point where access to the acreage was limited
significantly. Given the available lbs/acre left on both sites for each year, and minimal
reduction of acreage until the construction was complete, it would be virtually impossible
to know how much, if at all; was over applied.
"The 2007 annual residual report indicated a Bermuda crop (PAN rate of 220 lbs/acre)
for MT-01-16 and 17. Upon investigation by NCDWQ, the actual crop planted was a rye
grass pasture (PAN rate of 200 lbs/acre) that was being grazed by cattle. This fact also
points to over application of residuals. "
Response
Obviously, there is not a dispute about what was discovered during the investigation
conducted in December 2007 and January 2008, but at the time of application, the crop
applied to was Bermuda grass. Historically, these sites have been planted in Bermuda
for grazing, however it is not uncommon for Mr. Welch to re -plant rye for grazing of
cattle in the winter. As stated above, land application occurred in a short amount of time
(last application date - 9-7-07). Given the limited exposure to the sites throughout the
year, we can only verify the crop during the application events, and if the Bermuda grass
was replanted in rye after 9/7/07, it was without our knowledge.
Required Corrective Action for Violation I.
"Field acreages need to be verified and corrected based on current field conditions.
Once field acreages are verified, corrections need to be made to attachment B of Permit
WQ0000701, the crop management plan and the annual residuals reports) need to be
corrected. "

1. 4.
Response
Now that construction has been completed, new acreages can be verified for the purposes
of revising annual reports.
It is also recommended that sites MT1- 16 &- 17 be deleted from Permit WQ0000701
entirely.
Violation II: Failure to maintain proper records accounting for animal waste or
other nutrient sources applied to field MTI-16 and MT1-17 — "Monitoring and
Reporting Requirements III (6.1)"
"Based on information gathered during the investigation of this violation, NCDWQ has
learned that chicken manure has been routinely applied to fields MT1-16 & 17"
Response
There is absolutely no knowledge of any chicken manure being applied to these sites. The
landowner acknowledged that no other nutrient source (including chicken manure) can be
applied to the site without documentation and monitoring. This was acknowledged when
the landowner agreed to the terms of the Landowner Agreement Form, which clearly
states this clause. Again, there is a limit on how much oversight can be provided to an
independent landowner. There has to be a certain level of reliance that the landowner will
meet the parameters set forth when they sign the Landowner Agreement Form, as well as
through discussions with the landowner. There would be no way of knowing precisely
how the landowner manages their land when we are not present.
Required Corrective Action for Violation H.-
"Begin tracking and reporting all sources of nutrients applied in the future and account
for these sources of nutrients within the annual report that is required by your permit. "
Response
It is recommended that the sites (MT1-16 & 17) will be immediately removed from the
permit.

1�
It is also recommended that Tyson send a letter to all remaining landowners, re-inforcing
the importance of the need to monitor any additional nutrients applied to permitted sites.
1. "Please respond with a written explanation as to how violations I & II
occurred. "
Response
The responses provided above are our recommendations for the explanation of how
the claimed violations occurred. If you have - any questions for the NCDWQ
concerning this NOV, contact Art Barnhardt at art. [e-mail] and copy
Joel Shields [e-mail] and Jim Barber jim.barber@a cmail.net
2. "In your response, include the steps that are being taken to rectify this
situation and a list of steps that will be taken to prevent these violations from
occurring in the future. "
.Response
Firstly, it is recommended that the sites be deleted from the permit; if not dissolve
your entire NC land application permit, and continue to manage your biosolids as you
currently are.. The current environment surrounding your application program has
become non -conducive of gaining public or regulatory support in North Carolina.
—Couple this with the fact that the volume of biosolids being produced has
"dramatically decreased; this may need to be considered.
If you choose to maintain your permit, it is suggested that you list the following steps:
1. Any site in the permit that has any construction, etc. that will affect the
applicable acreage, will immediately cease to receive any biosolids until the
NCDWQ verifies (in writing) the revised acreage.
2. In addition to verifying the crop prior and during application, make
weekly/monthly site inspections throughout the year, and,record crop.
3. In addition to contacting all landowners in the program 'and explaining the
requirements of the application of any additional nutrient source, conduct
weekly inspections to all sites to ensure that no additional nutrients are being
applied.If they are, monitor accordingly.
4. "You must prepare a groundwater monitoring plan to measure for impacts to
groundwater. You may submit this plan for approval through a consultant or
the Division will develop one for you if none is received by July 21, 2008.
Private water supply wells adjacent to the application site (MTI- 16 & 17)
have shown levels of nitrate above the standard. This is Tyson's opportunity

to quantify the impact of the residuals land application program on the
groundwater resources in this area.
Response
It is recommended that Tyson begin the process of preparing a groundwater
monitoring plan (in-house, independently, or with NCDWQ guidance). Your
intentions should be made to Mr. Barnhardt.
It is our strong belief that the minimal amount of nitrates applied through land
application, have not had any affect on the nitrate levels in wells in adjacent
properties. The following is a table that illustrates the total lbs. per acre of NO3-
NO2 on sites MT1- 16 & 17 since 2003:
Pounds Per Acre of NO3-NO2 applied
by year
MT1-16
MT1-17
2003
0 lbs/ac
0 lbs/ac
2004
.1490 lbs/ac
.1474 lbs/ac
2005
No land application
No land application
2006
.0059 lbs/ac
.0059 lbs/ac
2007
.0059 lbs/ac
.1553 lbs/ac
2008
No land application
No land application
As you can see, biosolids were not applied in 2003, 2005, or 2008. The years that
application did occur, you can clearly see that that the actual lbs./acre is extremely.
low, which is directly related to the fact that your biosolids product is extremely
low in nitrates. Also, it is not clear when the "adjacent wells" were sampled, but it
must also be noted that the last application occurred over 10 months from the date
of this letter.
Also, it is understood, through conversations with regulators that the residents in
the area currently do not drink well water (not because of nitrate levels, but rather
the levels of pesticides and herbicides). It is understood that the entire area of the
county has had issues with groundwater for a long time prior to any land
application, due to the fact the area was heavily utilized as peach orchards in the
past.
S. "Please indicate how chicken manure application and the rate of application
will be monitored and accounted for in the future. Any nutrient management

, : - '. A
plan that is submitted must also account for adjusted Yates based on cattle
grazing the same acreage. "
Response
See the above response to this.
Please feel free to include this information in your response to the NCDWQ. As a
reminder, the response is due by August 4, 2008.

F W ATF
Q R Michael F. Easley, Governor-
William.G. Ross Jr., Secretary
r•. North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director -
Division of Water Quality
July 1, 2008
CERTIFIED MAIL,
RETURN.RECEIPT REQUESTED: /
Mr..Dan Crowe.
Tyson Foods, Harmony Plant
501 Sheffield,Rd:. . 54J. % J
Harmony; NC Raleigh, NC 27699 4126
Subject:. Notice of Violation/Notice:of Intention to.Enforce
NOV-2008-PGW88
Tyson
.Foods, Harmony Plant
Permit No"WQ0000701
Iredell County.
Dear Mr. Crowe:
You -are hereby notified "that having been issued a permit for 'a residuals land application program for the '
subject. facility, -the Division of Water Quality has -documented violation. of permit WQ0000701.
Violation I;.Failure to meet-the'Operation &. Maintenance Standards. Within Section I ,(13)..
Residual and other sources of PAN shall-beaand applied to all .land app
lication sites at agronomic rates in .
accordance with the crop, management',04n outlined by the local Cooperative Extension office;` the North;
Carolina Department of Agriculture and Consumer Services, the -Natural- Resource 'Conservatioii Service,
or other agronomists. Under no circumstances shalFthe -PAN (1i. tlits noted 'in permit) loading rates land
applied to any site be exceeded..:
p.
200.E and,2007'for the Gary Welch -fields-01-16 and, isi_ori-of Water Quality (NCDWQ) for
The' annual. residual .re orts�.submitted to the North Carolina.' Div
1`7 by .Tyson Foods, exceeded the PAN
loading -rate: for each of these fields. TheJeported acreage is. at least 22% (likely more) over estimated .due
to some of the field area_being 'removed from crop rotation because. the Highway 220 By Pass right-of-
way =was constructed thtough the ,field..N, NO -modification to -the. net'available acreage Was .'accounted ..for
and no iliformation "was "submitted to the NCDWQ. to reflect this change. 'The _alriount of residuals land
` applied to these, fields exceeded the permit limits,= due in part for this reason.
NorthCarolina
North Carolina DWQ/Aquifer Protection Section, . 225'Green'St./ Suite 714 Fayetteville, NC 28301- Phone [phone]
FAX [phone]. Internet: h2o.eni.state.nc,us Customer S6vice 1-877-623-6148 _
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/100/6. PostCo isumv Paper

Don Crowe
Page 2
July 1, 2008.
The 2007 annual residual report indicated a bermuda crop (PAN rate. of 2201bs/ac) for MT-01-16 and 17.
Upon investigation by NCDWQ, the.actual crop planted was a rye Igrass pasture ( PAN rate of 200 lbs/ac)_
that was being grazed by cattle. This fact also pointsto over application of residuals.
Required Corrective action for Violation I:
Tyson Foods shall ensure that the proper applications rates are: being applied for:the correct crop planted
or to be planted. Field acreages need to be verified and 'corrected. based on current field conditions. Once
-field acreages are verified corrections need to be' -made to Attachment B of Permit WQ0000701, the crop
management plan and the annual residuals reports) need to be corrected.
Violation IT Failure to maintain proper, records aecounting, for .animal waste or other nutrient
sources applied to fields MT-0146 and, field' MT=01=17 — "Monitoring and Reporting Requirements
IIL (6.. i.)».
Based on, information gathered" during the investigation, of this violation;; NCDWQ has learned that
chicken manure has been routinely appliedto fields MT-0:1-16 & 17. 'There does not appear to ",be . an
accounting for this chicken manure application in'the'past or pregent annual residuals report.
Required Corrective action for Violation II:
Begin tracking and reporting all sources of nutrients applied in the future and account for these sources of
nutrients within the annual report that is required by.your permit.
The Division of Water Quality requests "that in, addition to. the specified corrective action above; please
submit the following items on or before August 4; 2008
:1. Please respond with a written explanation as to how violations I & II' occurred:
2.. In your response,. include the steps that are being taken to rectify this situation and "a list of the 'steps
that will. be taken to prevent these violations from.occurring in the. future.
3 .:You must'prepare a groundwater, monitoring plan to "measure for. impact& to groundwater. Yow may
submit this plan for approval through a consultant or the Division will develop -one for you if none is -
received -by July 21, 20.08.- Private water supply wells adjacent to the application site (MT-01-16'& 17)
have shown levels of nitrate above the standard. 'This is Tyson'sropportunity to quantify the impact -of the
residuals land application program on the groundwater resources in this area.
4." Please indicate how chicken manure application and the rate of application will be monitored and
accounted -for in the future. `Any nutrient management plan that is submitted.must also account for
adjusted rates based cattle grazing the same acreage.

David. Crowe
Page 3-
July 1, 2008
Please be advised 'that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this, violation,, any .past or future violation. Neither does this notice remove you from the
responsibility or liability for failure to comply, with any, State Rule,. State Statue ' or permitting
requirement. Furthermore, ,the Division of Water Quality has the authority to levy a civil penalty of not
more than $25,000.00 per day per violation.'
If" you have an explanation for these violations that you wish to present- to, this office, please forward a
° detailed explanation, in writing, of the event(s) noted and- why you feel that this office should not proceed
with recommendation for enforcement.. This office should,receive information in the time frame requested
.. within this letter. Information provided to this office will be reviewed and, if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Joel S. Shields
(910-433-3332).or myself at (910- 433-3336).
Sincerely, l'
Stephen Barnhardt, L.G.
Regional Aquifer Protection Supervisor
cc: 'APS Central Office File
APS FRO File
APS Mooresville Regional Office

Re: Registered Litter/Manure Haulers
Subject: Re: Registered Litter/Manure Haulers
From: Jim Barber <[e-mail]>
Date: Wed, 14 May 2008 08:54:04 -0400
To: Richard Goforth <richard [e-mail]>
Richard;
Sorry about" -that, had a itchy trigger finger and forgot to attach the spreadsheet.
Jim Barber
Richard Goforth wrote:
Jim, I think you missed getting the current list of registered haulers
attached to the email
Richard Goforth .
Area Poultry Specialist
NC Cooperative Extension
Anson, Cabarrus, Montgomery, Richmond,,
Scotland, Stanly and Union Counties
3230-D Press -on Rd. Monroe, NC 28112
phgne7°O,14-.'8ta3' 3743 Cell - 704 363 2359
-----Original Message -----
Prom: Jim Barber ,[mailto:[e-mail]] Sent: Friday, May 09,_ 2008 3:01
PM
To: richard [e-mail]; clinton [e-mail]
Subject: Registered Litter/Manure Haulers
Richard;
Attached is the spreadsheet with the litter/manure haulers that have been
registered to date. For updates, as additional haulers are added, please contact
J.R. Joshi at 919-71576698 or email him at [e-mail].
I got your voice message that.you left for my this morning. I spoke with one of "
my co-workers that primarily deal with CAFO issues and -she thought that when the
new 2T ruler came out in Sept. 2006 addressing manure hauler operations; the
Division forwarded copies and gave the integrators a heads -up concerning the new
rules and registration process (since the industry was reluctant to identify
individual farms to contact). If,there are questions that specific haulers need
addressing we would be glad to meet with them to discuss the hauler rules and
registration requirements. To avoid the hauler registration issue altogether, if'
all parcels of land that litter is applied.to are owned by the generator or are
part of a generators nutrient management plan; -the hauler doesn't need to be
register. As soon as that hauler takes litter to another farm, that isn't owned
by the generator or in a nutrient management plan, then the hauler need's to be
registered to avoid potential compliance action -by the Division.
Also attached is the manure hauler registration forms, along with the 2T rules
adopted 1 September 2006. Note that a,amnesty period was provided until'September
20b7 for haulers to register.
If you have any questions, give me a call at 910-433-3340 or email me. You can
also contact the following folks with questions:
Art Barnhardt - Aquifer Protection Supervisor at.910-433-3336 or email him,at
art.barnhardt@ncmail.,net
Robert Marble - Environmental Specialist at 910-433-3338 or email him at
[e-mail] (Robert covers Richmond, Anson, Moore and Montgomery)
Jim Barber
1 of 2 7/29/2008 10:02 AM

Re: Registered Litter/Manure Haulers
1� Content -Type: applicafion/vnd.ms-excel
MHO Spreadsheet 041720084.xIs.
Content -Encoding: base64
2 of 2 7/29/2008 10:02 AM

a
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TF7) -CdAL
USE
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$
n.
n Certlfled Fee
Postmark
Return Receipt Fee
Here
- (Endorsement Required)
Y-2 -2 vy
� Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees I $
?§trieet,Apt. No.;
.............................................
or PO Box No. ��
-- --- ---- --- • J i e ------------------------------
City, fate, ZIP+4

.ertified Mail Provides:
e A mailing receipt;
A unique identifier for your mailpiece
A signature upon delivery
i A record of delivery kept by the Postal Service for two years
mportant Reminders:
Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
Certified Mail is not available for any class of international mail.
NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
For an additional fee, a Return Receipt may be requested to provide proof o
delivery. To obtain Return Receipt service, please complete and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver fo
a duplicate return receipt, a USPS postmark on your Certified Mail receipt ie
required.
For an additional fee, delivery may be restricted to the addressee :o
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
e If a postmark on the Certified Mail receipt is desired, please present the arti
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mall.
MPORTANT: Save this receipt and present it when making an inquiry.
IS Form 3800, January 2001 (Reverse) 102595-01-M-104!

■ Complete items f' 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Tl'SON FOODS -HARMONY PLANT
AT;rN: MR. DAN CROWE
501 SHEFFIED RD.
HARMONY, NC 28634-9031
A.
X
/ ❑ Agent
❑ Addressee
B. Received. by ( Printed e) C. Date of Delivery
D. Is deliveryaddress different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mall ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7001`'2�i7;0.`b000 `6662"9618
IS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-154c

X.a.. ... ....... ... . . ....... .............
UNITED STATES POSTAL SERVICE. - . %� I I
First -Class a
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USPS
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Sender: Please plint.your name, aciclress,' a , nd-'ZlP+4"n-Chis'bd5('*
—
NC DEPT OF ENVIRONMENT & NATURAL RESO
DWQ-AP SECTION RECEIVED
ATTN: ART BARNHARDT
225 GREEN ST, SUITE 714 MAY 2 M
FAYETTEVILLE NC 28301-5143
DENR-FAYEMLLE REGIONAL OFRGE

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
April 21, 2008
CERTIFIED MAIL
RETURN RECEIPT REOUESTED .
Mr. Dan Crowe
Tyson Foods, Harmony Plant
501 Sheffield Rd.,
Harmony, NC 28634-9031
Subject: Notice of Violation
NOV-2008-PC-0288
Tyson, Foods, Harmony Plant
Permit No. WQ0000701
Iredell County
..Dear Mr. Crowe:
You are hereby notified, having been issued a permit for wastewater disposal for the subject facility,
violation of your permit conditions was identified by the Division of Water Quality.
Violation I: Failure to meet the Operation & Maintenance Standards within Section II (12).
Site visits to permited land application fields were conducted on April 9'& 10,2008. It was documented'
that a suitable cover crop was not being maintained on a portions of Gary Welch fields # MT-01-16 &
MT-01-17 located in Montgomery County.
Required Corrective action for Violation I:
If you have not already done so, immediately establish the appropriate cover crop Ti the referenced field
portions. Take all necessary steps to make sure this violation does not reoccur.
NorthCarolina
Aaturally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper

Page 2
Don Crowe
April 21, 2008
The Division of Water Quality requests that in addition to the specified corrective action above, please
submit the following items on or before May 21, 2008:
1. Please respond with an explanation as to how this violation occurred.
2. Please include the steps that are being taken to rectify this situation and a list of the steps that will be
taken to prevent this violation from occurring in the future.
3. Please include the most current nutrient management plan for the Welch fields #MT-01-16 & #MT-01-
17 application sites.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has
the authority to levy a civil penalty of not more than $25,000.00 per day per violation.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statue or permitting requirement.
If you have any questions concerning this matter, please do not hesitate to contact either Joel S. Shields
(910-433-3332) or myself at (910- 433-3336).
Sincerely,
Stephenarnhardt, L.G.
Regi6na Aquifer Protection Supervisor
cc: APS Central Office File
qP3S�1,RO-Fide--�

1n�Resources, Inc.
NCDENR
Division of Water Quality
Groundwater Section
225 Green Street
Suite 714
Fayetteville, NC 28301
RE: Tyson Foods Harmony - Notice of Violation — NOV-2008-PC-0288
To' Whom It May Concern:
Per the NOV letter dated 4/21/2008, EMA Resources has prepared the following
response:
1) The site in question was applied to by EMA Resources Inc. in September of 2007.
Mr. Welch planted the area in Rye shortly thereafter. Due to construction, he was
unable to properly maintain this area as well as the remainder of the fields that
were not impacted by the road construction. The Rye crop in the "cloverleaf' did
not come up as well as the surrounding crop. EMA Resources has not applied to
that field since, as it is not feasible due to access issues.
2) A permit modification will be submitted to the regional office removing the
"cloverleaf' part of fields MTO1-16/17. New buffers will be drawn and the
acreages will be corrected accordingly.
3) I have included a copy of the agronomic information that was submitted at the
time of addition of these land application sites.
Sincerely
Brent Collins
Director of Technical Services
[phone]
brent. collinsgemaresourcesinc. com
Phone [phone] — Fax [phone]
Mocksville, NC 27028

TYSON FOODS, INC.'
Agronomist Report
EMA Resources, Inc. is proposing to operate a land application program for the
recycling/beneficial reuse of wastewater biosolids produced at the Tyson rendering plant located
in Harmony, North Carolina. The agronomist report is submitted as a crucial step in the review
of potential sites for the program. This report is a discussion ofthe following parameters:
Site Identification
Soils
Biosolids Analysis and Loading Rates
Project Management
Conclusions
Site Identification
An in depth evaluation of all proposed sites will include the following:
Identification of all required buffers
Evaluation of all soil types at the proposed sites
Location all residences and accompanying wells
Location of all surface water features and drainage ways
All of the information above but not limited to will be included in a detailed "SITES" section
which will accompany the request for a permit to land apply Tyson's biosolids produced at the
Harmony location.
Soils
All sites will be inspected to identify the soil type'and its ability to accept the residual material.
Hand auger borings will be done to make these evaluations. These hand auger investigations will
look for the following parameters, depth to a restrictive layer (i.e. bedrock or seasonal high water
table),.soil texture, soil color and structure. Soil samples will be taken and analyzed by the North
Carolina Department of Agriculture. Any recommendations made by the NCDA will be utilized
in the projects operation.
Biosolids Analysis and Loading Rates
Prior to implementing this program a residuals sample will be taken .and analyzed by an
independent laboratory. Residuals application will only take place if the material is both non-
hazardous and non toxic. The analysis will also indicate the residuals nutrient and metal content.
Based on these analyses application rates can be determined.

The application of this residual will be based on the nutrient uptake of the crop to be grown. For
Tyson's biosolids the annual limit is based on nitrogen uptake. The following table indicates crop
requirements and the suggested loading rates.
Tyson Foods Harmony North Carolina
CROP
PAN Req.
(lbs/Ac)
Surface App. Rates
Lbs PAN/DT DT/ac
Subsurface App. Rates
Lbs PAN/DT DT/ac
Small Grain
100
55.96
1.7
89.36
1.1
Corn (grain)
160
55.96
2.8
89.36
1.7
Soybeans
200
55.96
3.5
89.36
2.2
C. bermuda
350 - .
55.96
6.2
89.36
3.9
Fescue
250
55.96
4.4
89.36
2.7
Based on the current analysis the residual material is 8% nitrogen. While this is the limiting
factor at this time the state is making strides . to make phosphorus the limiting: nutrient. The
current analysis does not show the phosphorus content. This could come into play mainly on the
fields that have had frequent applications year after year. Phosphorus is not a mobile element like
nitrogen: The phosphorus binds to the clay particles in the soil and stays there. Therefore the
only way to remove phosphorus is through nutrient uptake. Frequent applications may tend to
build up a surplus of phosphorus thus eliminating some -of the most frequently used sites.
The lifetime limiting factor is the heavy metal content of the residuals. The residual heavy metal
concentrations will be determined by lab analysis and reported in the analyses section of the
permit application.
Residuals analysis change therefore making it necessary to take several analysis during the year.
This will enable the land applier to make the necessary changes in order to track all the
monitoring requirements and adjust application rates accordingly:
Program Management
Based on our conversation with Tyson the method of'application used will be injection. This will
include mostly cropland, which is only accessible during certain times of the year. Based on this
fact some farmers will need to be compensated for access to their fields outside of the cropping
pattern. Pasture land would enable year round access but farmers may be more reluctant to have
that land injected. With an adequate land base this program could run with few hitches. This
would. entail getting on a rotation and sticking to it in order to maximize both the land base and
production seen by the participating farmers.

Conclusion
Based on the analysis (May 24, 2000) and current production the application rate would be just
over 6500 gaVac. At this rate Tyson would require a minimum of 1200 acres. It is a standard
practice to have at least twice the minimal acreage needed. EMA suggests that Tyson allow the
permit to consist of an estimated 3000 acres. Of this landbase, Tyson will need to lease about
1500 acres to ensure year round land application. The average price of leased cropland is around
$30-40 but could go as high as $70. The key here is to find someone who is still willing to work
the land while giving Tyson the ability to apply at any time. EMA Resources, Inc. has access to
no till injection equipment that would .possibly enable Tyson to, permit more grass land therefore -
cutting the amount of land that is needed to be leased. This equipment leaves roughly 70% of the
no till management system intact. Again usage would depend on the willingness of the permitted
farmers.. The ideal situation would be :that Tyson could permit land in, Iredell county which
would serve two purposes 1) it would greatly cut down on haul distances and ' 2) having
knowledge of the surrounding land base it would offer the best chance in permitting the needed
land. For this to happen we would have to meet with the county commissioner and discuss
existing county ordinances. EMA is currently in the process of talking to the necessary officials
and working toward this goal. If Iredell county is not an option then Tyson would have to look to
the surrounding counties such as Davie, Yadkin, Wilkes, Rowan, and Alexander, of which Davie
and Yadkin are saturated with land permitted in the Winston Salem program. This would directly
increase the haul distance to potential sites. Land application should provide an environmentally
acceptable means of beneficial reuse of the residuals provided all the parameters of ' the
operational plan and the requirements of the permit are followed.
Sincerely
Alan Brown
Agronomist

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OWNERSHIP 05052008 2843 303
DEWITT EDWARD DALE
3479 N US HWY 220
ELLERBE, NC 28338
DEED:1145 363 09131996 75000
1PROPERTY DESCRIPTION
IAC & DWELL HWY 220 SLIDE
I
I
1
IHWY 220 NORTH 3479
ITAX SUBDIVISIONS
IROCKINGHAM
I
I
I
I
IMAP NUMBER CARD NO
175800049E0�A, 1
IRECORD NUMBER:. 9186
IROUTE 7580 00 035
ILISTER:3/1/96HH
IREVIEW:MLM 2002
....22...
I'TOPO ISTREET
(UTILITY
IZONING 10.00
ACRES
:,_ILEVEL IPAVED
IPUBWATERI
2
2
I \ '1
ISEPTIC
I NOTES:HOUSE
RENOVATED
3 C
3
1 }I
1
1 :ADDITION FOR 2003
1#(LAND CLASS I
SIZE IBASERATE*FRNT*DPTH*ADJ=ADJRATE*UNITS=LND-VALUE
Ill 1HBLD SITEI
1.00ACI
65001 11 I
1 65001 1.001
6500
...20..:
112131HWOODS I
7.00ACI
16251 0.47ACFI
1763.751 7.601
5346
. .
13121HCLEAR I
2.00ACI
32501 0.47ACFI
1 15281 2.001
3056
..10:
1
2
2
1
1
3
3
1
8.D
ILAND VALUE':
14902
1#(OTHER FEAT I
SIZE 1BASERATE*COND
=ADJRATE*UNITS=OFB-VALUE
11-11 UTILBLDGI
OI
1
l 1 1
800
1 1
12112CPOOL 1
20* 40.1
19.2010.50
1 9.601 8001
7680
4 E 4
1
131-7 SHED 1
01
1
1 1 I
200
0.14..
14-11 UTILBLDGI.
of
I
I I 1
200
.....30.12.: A-
6 SNG FAML 1
9
6_
6 ..14.:
Q....30.....
1 1
4 7
..... 32....
:
: OPNPORCH:
1 B- 1
0....28...0
i
(OTHER VALUE: 8880
IFNDATIONIXTRFNISHIROOFTYPEIROOFMTRLISIZE/QTYI
IBRICK IAL/VYN (GABLE. 1ASPHSHNGI
I I I I I1,00STHT1
1I I I I I
IWALLFNSHIFLOORS IHEAT&AIRIHEATFUELI I
IDRY WALLITILE IHTG & ACIGAS I I
I ICARPET I 1 1 6 ROOMI
I I I I 11.00LFUF1
DWELLING C B19GOE1975 GOOD CONDITION
DIMENSIONS:A-CR3OD14R32U17R14U19L14UIOL2U23L2OD23L10D14L3OD6L3D6R3D6 B-R30Dl4R2CDlOR28UIOL28 C-UGL3U6R3UGR30U
14R10U23L1CU23R22D23L22 D-U6L3U6R3U6R30U14CR10U18Ll0D18 E-UGL3U6R3UGR30CU14L12D14R12H
#ISTRUCTUREISKTCH-SF*STHT=
Al 1CSNG FAMLI 275611.•001
AREA
27561
RATE*GRDF+HEAT+EXWL*WLHT=ADJRAT*
47,.931
12.501
AREA=
27561
RPCN*
1389851
DEPF*CNDF=STR-VALUE
0.711 1 98679
1 1 50.431
1 1.00 BATH I
I
I
I
I
I
1
1 2000.001
1 20001
0.711 1 1420
1 1 FIREPLACE.
I
I
I
I
I
1
1 1625-001
1 16251
0.711 1 1154
1 1 CHIMNEYSI
I
I
1
1
1
1,
1 1875.001
1 8751
0.711 1 621
B185 OPNPORCHI 28011.001
2801
18.60]
1
1
1 1 18.601
2801
52081
0.711 1 3698
C180 FRGARAGEI 50611.001
5061
18.791
1
1
1 1 18.791
5061
95081
j 0.,711 1 6751
D193 DECK 1 18011-001
1801
7.161
1
1
1 1 7.161
1801
12891
0,.711 1 915
E193 DECK 1 16811.001
1681
7.251
1
1
1 1 7.251
1681
12181
0.711 1 865
2756HSF, 3890TSF RPCN- 58.31/HSF ' 160708 VALU- .41:40/HSF 114103
STRUCTURE VALUE: 114103
VALUATION( VALUEIPREV-VAL.IP-N%1 SALEIS-N$1 TOTAL VALUE 137885
LAND I 1 I 149021 47501313%1 1 1 1490LV/AC
OTHERFEATI 1 1 88801 1 1091319961 1
STRUCTURE( 1 1 1141031 223901'509%11145=3631 I 50TV/HSF
TOTAL 1 I 1 1378851 271401508%1 750001183%1 27SP/HSF
APPRAISED -VALUE: 137885

Montgomery Co.,`I A 4: r�
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§ 143-215.1OC. Applications and permits.
(a) . No:"person" shall construct or operate an animal waste management system for
an animal operation or operate, an animal waste management system for a dry litter
poultry, facility that is subject' to regulation under 40 Code of Federal Regulations §
122.23 (1 July 2003) without first obtaining an individual permit or a general permit
under this Article: The Commission shall develop a system of individual and general
permits for animal operations. and dry litter poultry.facilities based on species, number .
of animals, and other relevant factors. it is the intent of the General Assembly that most
animal waste management systems be permitted. under a ' general permit. The
Commission,- in its discretion, may require that an animal, waste management system be
permitted under an individual. permit if the Commission determines that an individual
permit is necessary to protect water quality, public health.- or the environment. The .
owner or operator of an animal operation shall submit an application for a permit at
least 180 days prior to construction of 'a new animal' waste:, management system or
T,.
expansion of an `existing animal waste management system and shall obtain the permit
prior to commencement of 'the construction or expansion. The .owner or operator of a
dry litter poultry facility that' is subject to regulation under 40 Code of Federal
Regulations ' § 122.23, (1 � July 2003) shall submit an application fora. permit at least 180
days prior to operation of a• new animal waste management system'.
(al) An owner or'operator of an animal waste management system for an, animal
operation or a dry litter poultry facility that is subject to regulation under 40 "Code, of
Federal Regulations§ 122.23(c)(3) (1 July 2003) shall appiy',for an -individual permit or
a general permit under this Article within 90 days of notification by the Department that
the facility is subject to regulation under 40 Code of Federal Regulations § 122.23(c)(3)
(1 July 2003).
(b) An animal waste management system shall .be .designed, constructed, and
operated so that the animal operation served by the animal waste management system
does not cause pollution in the waters of the State except as -'may result because of
rainfall from a storm event more severe than the 25-year, 24=hour storm or if required
by 40 Code of. Federal Regulations § 122.23 (1 July 2003) from a storm event more
severe than the 100-year,-24-hour storm.
(c) The Commission shall act on a permit application as quickly as possible and
may;; conduct any' inquiry or investigation it considers necessary before- acting on an.
application.
(d) All. applications for, permits or for renewal of an existing permit shall be in
writing, . and the,, Commission may prescribe the form of -the applications. All
applications shall include- an animal waste management system, plan approved by a
technical specialist.. The Commission may require an applicant to submit additional
information the Commission considers necessary to evaluate the application. Permits
and renewals issued pursuant to ,this section shall be effective until the date specified
therein'or until rescinded unless modified or revoked by the Commission.
(e) An animal waste management plan for an animal operation shall include all
of the following components:
G.S. 143-215_10C Pagel,,
§ 143-215.1OC. Applications and permits.
(a) . No:"person" shall construct or operate an animal waste management system for
an animal operation or operate, an animal waste management system for a dry litter
poultry, facility that is subject' to regulation under 40 Code of Federal Regulations §
122.23 (1 July 2003) without first obtaining an individual permit or a general permit
under this Article: The Commission shall develop a system of individual and general
permits for animal operations. and dry litter poultry.facilities based on species, number .
of animals, and other relevant factors. it is the intent of the General Assembly that most
animal waste management systems be permitted. under a ' general permit. The
Commission,- in its discretion, may require that an animal, waste management system be
permitted under an individual. permit if the Commission determines that an individual
permit is necessary to protect water quality, public health.- or the environment. The .
owner or operator of an animal operation shall submit an application for a permit at
least 180 days prior to construction of 'a new animal' waste:, management system or
T,.
expansion of an `existing animal waste management system and shall obtain the permit
prior to commencement of 'the construction or expansion. The .owner or operator of a
dry litter poultry facility that' is subject to regulation under 40 Code of Federal
Regulations ' § 122.23, (1 � July 2003) shall submit an application fora. permit at least 180
days prior to operation of a• new animal waste management system'.
(al) An owner or'operator of an animal waste management system for an, animal
operation or a dry litter poultry facility that is subject to regulation under 40 "Code, of
Federal Regulations§ 122.23(c)(3) (1 July 2003) shall appiy',for an -individual permit or
a general permit under this Article within 90 days of notification by the Department that
the facility is subject to regulation under 40 Code of Federal Regulations § 122.23(c)(3)
(1 July 2003).
(b) An animal waste management system shall .be .designed, constructed, and
operated so that the animal operation served by the animal waste management system
does not cause pollution in the waters of the State except as -'may result because of
rainfall from a storm event more severe than the 25-year, 24=hour storm or if required
by 40 Code of. Federal Regulations § 122.23 (1 July 2003) from a storm event more
severe than the 100-year,-24-hour storm.
(c) The Commission shall act on a permit application as quickly as possible and
may;; conduct any' inquiry or investigation it considers necessary before- acting on an.
application.
(d) All. applications for, permits or for renewal of an existing permit shall be in
writing, . and the,, Commission may prescribe the form of -the applications. All
applications shall include- an animal waste management system, plan approved by a
technical specialist.. The Commission may require an applicant to submit additional
information the Commission considers necessary to evaluate the application. Permits
and renewals issued pursuant to ,this section shall be effective until the date specified
therein'or until rescinded unless modified or revoked by the Commission.
(e) An animal waste management plan for an animal operation shall include all
of the following components:
G.S. 143-215_10C Pagel,,

(1) A checklist..of, potential odor sourcesand a choice of site -specific,
cost-effective remedial best management practices to minimize those
sources.
(2)
A checklist of.potential insect sources and a, choice of site:specific,
cost-effective best management practices to minimize insect problems.-
(3)
Provisions that. set forth acceptable methods of disposing . of
mortalities.
(4)
Provisions regarding best management'practices for riparian. buffers or
equivalent controls, particularly along perennial streams.
(5)
Provisions regarding the -use of emergency" spillways and site -specific
emergency management plans that set forth operating procedures to
follow during emergencies in order to minimize the, risk of
enyironmental damage.
(6)
Provisions regarding periodic testing of waste 'products used as
nutrient sources as close to the time of, application as .practical and at- ,
least within 60 days of the date of application and periodic testing, at
least annually, of soils at crop sites where the waste. products, are
applied. Nitrogen shall be a rate -determining element. Phosphorus
shall be evaluated according - to the nutrient management standard
approved by the Soil and. Water .Conservation Commission and the
Natural Resources. Conservation Service of the United States
Department of Agriculture for facilities that are subject to regulation
under 40 Code of Federal Regulations § 122'.23 (1 July. 2003). If the
evaluation 'demonstrates, the need to limit ' . the application of
phosphorus in order to comply with the nutrient management standard,
then phosphorus shall be a rate -determining element: Zinc and copper
levels in the soils shall be monitored, and alternative crop sites shall be
used when these metals approach excess levels.
(7) '
'}Provisions regarding waste utilization plans that assure a. balance
between nitrogen application rates and nitrogen crop requirements, that -
assure that lime is applied to maintain pH in the optimum range for
crop production, and that include corrective action, including revisions
to the waste utilization plan based on data of crop yields and crops
analysis, that will be taken if this- balance is not achieved- as
determined, by ' testing conducted pursuant 'to subdivision (6) of this
subsection.
(8)
Provisions regarding the completion and maintenance of records on'
forms developed by the Department, which records shall include
'
information addressed in subdivisions (6) 'and (7) of this subsection,
including the dates and rates that waste products are applied to soils at
crop sites,' and shall be made available ,upon request by the
Department.
(f) " Any
owner or operator of a dry litter poultry facility that is not subject ,to ". .
regulation under 40 Code of Federal Regulations § 122.23 (1 July 2003)', but that
G.S. 143-215.10C Page 2
",

` involves 30,000 or more birds shall develop an animal waste management plan that
/ complies with the testing and . record -keeping requirements under subdivisions (6)
through (8) of subsection (e) of this section. Any operator of this type of animal waste
management system shall retain records required under this section and by the -
Department on -site for three years.
(fl) An animal waste management plan for a dry litter poultry facility subject to
regulation under 40 Code of Federal Regulations § 122.23 (1 July 2003) shall include
the components set out in subdivisions (3), (6), (7), and (8) of subsection (e) of this
section, and to the extent required by 40 Code of Federal Regulations § 122.23 (1 July
2003) for land application discharges, subdivision (4) of subsection (e) of this section.
(g) The Commission shall encourage- the development of alternative and
innovative animal waste management technologies. The Commission shall' provide
sufficient flexibility in the regulatory process to allow for the. timely evaluation of
alternative and innovative animal waste management technologies and shall encourage
operators of animal waste management systems to participate in the evaluation of these
technologies. The Commission shall provide sufficient flexibility, in the regulatory
process to allow for the prompt implementation of alternative and innovative animal
waste management technologies that are demonstrated to provide improved protection
to public health and the environment.
(h) The owner or operator of an animal waste management system shall:
(1) In the event of a discharge of 1,000 gallons or more of animal waste to
`the surface waters of the State, issue a press release to all print and
electronic news media that provide general coverage in the county
where the discharge occurred setting out the details of the discharge.
The owner or operator shall issue the press release within 48 hours
after the owner or operator has determined that the discharge has .
reached the surface waters of the State. The owner or operator shall
retain a copy of the press release and a fist of the news inedia'to which
it was distributed for at least one year after the discharge and shall
provide a copy of the press release and the list of the news media to
which it was distributed to any person upon request.
(2) In the event of a discharge of 15,000 gallons or more of animal waste,
to the surface waters of the State, publish a notice of the discharge in a
newspaper having general circulation in the county in which the
discharge occurs and in each county downstream from the point of
discharge that is significantly affected by the discharge. The Secretary
shall determine, at the Secretary's sole discretion, which counties are
significantly affected by the discharge'and shall approve the form and
content of the notice and the newspapers -in which the.notice is to be
published. The notice shall be captioned "NOTICE OF DISCHARGE
OF ANIMAL WASTE". The owner or operator shall publish. the
notice within 10 days after the Secretary -has determined the counties
that are significantly affected by the discharge and approved the form
and. content of the notice and the newspapers in which the notice is to
G.S. 143-215.1OC Page 3