WQ0000701_NOV-2009-PC-0207_20090420

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'S Form 3800, January 2001 (Reverse) 102595-01-M-104

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I. Art Addressed to:
ON FOODS, HARMONY PLANT
ATN: MR. DAN CROWE
501 SHEFFIELD RD.
HARMONY, NC 28634
i:.1 Ii. I 11 `,.f.
❑ Yes
102595-02-M-154

UNITED STATES pcy§eiestoit. z•Pirst-Clags,Mail
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NC DEPT OF ENVIRONMENT & NATU • • ' Sala
DWQ-AP SECTION
ATTN: ART BARNHARDT RECEIVED
225 GREEN ST, SUITE 714
FAYETTEVILLE NC 28301- 043 APR 2 7 M9
DENR-FAYETVLIEREGIONALOFRCE

ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 20, 2009
Certified Mail
Return Receipt Requested
Mr. Dan Crowe
Tyson Foods, Harmony Plant
501Sheffield Rd.
Harmony, NC 28634
Subject: Response to Tyson's Action Plan
Tyson Foods, Harmony Plant
Permit No. WQ0000701
Iredell County
Dear Mr. Crowe:
We would like to thank Tyson for its prompt response and your proposal to implement corrective action as referenced in
the Notice of Violation (NOV-2009-PC-0207). The Division will advise Tyson of any additional requirements should the
need arise.
Please be advised that although the Division is not currently considering enforcement action through civil penalty
assessment, there are groundwater quality concerns whichmay require action in the future. This acknowledgement of
Tyson's actions does not prevent the Division of Water Quality from taking enforcement actions for this violation, any
past or future violation at a later time. Neither does this notice remove you from 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 Tony W. Honeycutt (910-433-
3339) or myself at (910- 433-3336). -
Sincerely,
Stephen B. , hard
. Regional Auifer Protection Supervisor/FRO
cc: APS Central Office File
46NPS`FRO:I-i1e
APS Mooresville Regional Office
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714.
Fayetteville, North Carolina 28301
Phone: [phone] \ FAX : [phone]\ Customer Service: 1-877-623-6748
Internet: www.h20.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer
-None
rthCarolina
Naturally

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;ertified Mail Privides:
■ A mailing receipt ►
■ A unique identifier for your mailpiece
■ A signature upon delivery
■ 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. Foi
valuables, please consider Insured or Registered Mail.
• For an additional fee, a Return Receipt may be requested to provide proof o1
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 foi
a duplicate return receipt, a USPS postmark on your Certified Mail receipt i;
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 thf
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mall 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 mail.
'PORTANT: Save this receipt and present it when making an inquiry.
•m 3800, January 2001 (Reverse) 102595-01-M-104

A7A
NCDENR
North Carolina Department of Environment and Natural. Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H'..Sullins Dee Freeman
Governor Director - Secretary.
April 14, 2009
Certified Mail
Return. Receipt Requested
Mr. Dan Crowe
Tyson Foods, Harmony. Plant
501 Sheffield Rd.
Harmony, NC Raleigh, NC 27699-4126
Subject: Response to Tyson's Action Plan
Tyson Foods, Harmony Plant
Permit No. WQ0000701
IredellCounty
Dear Mr. Crowe:.
We would like to thank Tyson for its prompt response and your proposal to implement corrective action as referenced in
the Notice of Violation (NOV-2009-PC-0207). The Division will advise Tyson of any additional requirements should the
need arise.
Please be advised that although the Division is not currently considering enforcement action through civil penalty
assessment, there are groundwater quality concerns which may require action in the future. This acknowledgement of
Tyson's actions does not prevent the Division of Water Quality from taking enforcement actions for this violation, any
past or future violation at a later time. Neither does this notice remove you from 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 o not' hesitate to "contact either Tony W. Honeycutt (910-433-
3339) or myself at (910- 433-3336).
Sincerely,
Stephen BaMardt
Regional Aquifer Protection Supervisor/FRO
cc: APS Central Office File
APS Mooresville Regional Office
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714 '
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone] Customer Service:1-877-623-6748 ,
Internet: www.h20.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer
No thCarolma
aturattij

•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
225 GREEN STREET - SUITE 714
FAYETTEVILLE, NC 28301-5043
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TYSON FOOD, HARMONY PLANT
ATTN: MR. DAN CROWE
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0004258230 APR 15 2009
MAILED FROM ZIP CODE 28301
RECEIVED
APR 20
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rq. a gCR2N A AREA
FYI
1. Article Addressed to:
TYSON FOODS, HARMONY PLANT
ATTN: MR. DAN CROWE
501 SHEFFIELD RD.
RALEIGH, NC 27699
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7001 2510 .-0000 "6 7E2 914-4
`i I. •1 • i.i 1" • L.l RS Form,3811, February 004 €.i ri 4 i j.Donestie Return Receipt
102595.02-M-1540I

It's what your anvil deserves:"
y
April 9, 2009
Mr. Tony Honeycutt
Division of Water Quality, Aquifer Protection Section
North Carolina Department of Environment and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
Re: Approved Action Plan
NOV-2009-PC-0207
Tyson Foods, Inc. — Harmony Plant — Permit No. WQ0000701
US 220 Alternate & Morgan Road — Welch Property
Montgomery County, North Carolina
Mr. Honeycutt:
This letter has been prepared pursuant to our March 30, 2009 telephone conversation.
Tyson: understands that,the North Carolina' Department of: Environment . andrNatural Resources
(NCDNR)zccepted.the-proposed action plan:.detailedui• our::March 19,2009 letter andshas::also
determined not to: seek-civiF.enforcement : in this matter.. This, .determination.was<contingent upon
Tyson following .through with: providing. bottled water service to 1the :affected .homeowner and
assisting the affected residence with connection to municipal water supply,;: once available.
Please be advised that on April 7, 2009, Mountain Clear Bottled Water of Southern Pines,
NC was established as an approved Tyson vendor and was contracted to provide bottled water to
the Carpenter residence located at 240 Reynolds Drive, Norman; NC. Bottled water delivery is
scheduled to begin as soon as April 10, 2009 or no later than April 13, 2009.
Also,. please be advised that Tyson is aware that infrastructure improvements to
provide a municipal water supply to area residents . are underway in Norman, NC. Tyson has
been in .contact with Montgomery County's civil engineering: 'consulting firm of Hobbs,
Upchurch and Associates, who have indicated completion of the water line connections by
the end of. 2009 or early 20.10.: Tyson. t provides this written commitment to stay in
communication with:: Montgomery ...County and/or. Hobbs, .Upchurch' and Associates:• ; ,
throughout the =infrastructure :improvement: process- to coordinate.: ands establish,:a; potable
water.: connection:.;for the : residence :located1 :at -,240 -.Reynolds -Drive.. Tyson ; shall ',provide,
NCDENR;with :written confirmation .of the potable: water connection .once :completed.
Tyson Foods, Inc. Fresh Retail Division 13264 Mountain Road Glen Allen, VA23059
1-800-449-9038 804-798-8357 Fax: [phone] www.tyson.com

We trust this letter satisfies any remaining requirements necessary to close the case file
associated with this matter. To that end, we request written confirmation that this matter has been
satisfactorily addressed and the case file closed. Please contact me at 804.798.8357 if you require
additional information and/or have any questions. Thank you for your assistance in this matter.
Sincerely,
TYSON FOODS, INC.
Doug Baxter
Area Environmental Manager
cc: Mr. Bo Watson, Operations Manager RVAF
Mr. Dan Crowe, Plant Manager RVAF — Harmony
Mr. Kevin Ig1i, Chief Environmental Officer, Tyson
Mr. Jimmy Mardis, EHS Group Director, Tyson
Mr. Danny Wyatt, CEM
Mr. Tim Jones, Tyson Legal
Mr. DeWitt Whitten, F&R

6101'
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It's what your arily deserves'
March 19, 2009
Mr. Stephen Barnhardt, L.G., Regional Aquifer Protection Supervisor
Division of Water Quality, Aquifer Protection Section
North Carolina Department of Environment and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
Re: ProposedActionPlan
NOV-2009-PC-0207
Tyson Foods, Inc. — Harmony Plant — Permit No. WQ0000701
US 220 Alternate & Morgan Road — Welch Property
Montgomery County, North Carolina
Mr. Barnhardt:
RFC
LIAR 2 3 2009
03,- FATITDMIE 'EGIOi,ALOS'-1G:
I write on. behalf of. the..Tyson Foods, Inc. , (Tyson) Harmony, North Carolina pant
regarding the above referenced Notice of Violation/Notice of Intention to Enforce (NOV). Tyson
is in receipt of the NOV-2009 PC-0207,• dated *arch 9, 2009 (receiveii-March 16;'2009).-The
NOV cites violation of North Carolina Groundwater Quality .Standard. s Specifically, 'groundwater
quality standards for nitrate have allegedly been exceeded _ beyond "the .permit • compliance
boundary and allegedly impacted one residence. The NOV requires corrective action; within 15,
days of receipt of this notification, which could include: 1) providing water service from an'
approved vendor, or 2) connection to an approved water system, or 3) a replacement well'
constructed in a manner to provide water of acceptable water quality. We are also aware of
regional pesticide contamination in the vicinity of the -residence and on -going infrastructure
improvements including municipal water supply connections to area residents. Tyson
-understands' that water supply connections are - being -provided in response to the -detected
pesticide contamination: •
The following action items are proposed:
• Working with our. consultant (Froehling '& Robertson, Inc. F&R) Tyson has
contacted the resident with nitrate issues and will begin providing _bottled water
,---immediately. Bottled water will be provided until municipal water supply connections
are completed. Montgomery County's civil :engineering consulting_, firm of Hobbs,
Upchurch and Associates has been contacted 'and they anticipate completion`' of the
water line connections by the end of 2009 or early 2010
Tyson Foods, Inc. Fresh Retail Division 13264 Mountain Road Glen Allen, VA23059
1-800-449-9038 804-798-8357 Fax: [phone] www.tyson.com

. • •
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• Tyson has discontinued land applicationof wastewater residuals to the properties
identified as Gary Welch fields MT-01-16 and MT-010-17 as of July 2008. In
addition, Tyson ; has terminated its contract with the land application vendor
responsible for the land application activities on the cited properties.
• Following completion of municipal water line connections, Tyson will coordinate
proper closure of groundwater monitoring wells installed as part of required
groundwater assessment activities conducted in response to NOV-2008-PC-0288,
dated July 1, 2008.
Activities will commence immediately pursuant to the terms of the cited NOV. Please
contact me at 804.798.8357 if you have any questions.
Sincerely,
Doug Baxter
Area Environmental Manager
. cc: Mr. Bo Watson, Operations Manager RVAF
Mr. Dan Crowe, Plant Manager RVAF —: Harmony
Mr. Kevin Igli, Chief Environmental Officer, Tyson
Mr. Jimmy Mardis, EHS Group Director, Tyson
Mr. Danny Wyatt, CEM
Mr. Tim Jones, Tyson Legal
Mr. DeWitt Whitten, F&R

March 4, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dan Crowe
Tyson Foods, Harmony Plant
501 Sheffield Rd.
Harmony, NC Raleigh, NC 27699-4126
Subject: Notice of Violation/Notice of Intention to Enforce
NOV-2009-PC-0207
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 the following violation of permit WQ0000701.
Violation I: Groundwater Requirements within Section IV (2).
The COMPLIANCE BOUND'RY for residuals land application programs is specified by regulation in 15 A
NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundry for each land
application site is established at either 250 feet from the residuals land application area of 50 feet within the
property boundry, whichever is closer to the residuals land application area. A exceedance of Groundwater
Quality Standards at or beyond the Compliance Boundry is subject to immediate reinediation according to 15 A
NCAC 2L .0106 (d)(2).
Required Corrective action for Violation I:
NCAC 2L .0106 (d) Any person conducting or controlling an activity, which is conducted under the authority
of a permit issued by the Division and which results in an increase in concentration of a substance in excess of
the standards:
NCAC 2L .0106 (d) (2) at or beyond a compliance boundary, shall assess the cause, significance and extent of
the violation of standards and submit the results of the investigation, and a plan and proposed schedule for
corrective action to the Director, or his designee. The permittee shall implement the plan as approved by and in
accordance with a schedule established by the Director, or his designee. In establishing a schedule the Director,
or his designee shall consider any reasonable schedule proposed by the permittee.

The Division of Water Quality requests that in addition to the specified corrective action above; please submit
the following items on or before April 4, 2009:
1. A timeline to include how Tyson will respond to resident with well(s) that have been impacted.
2. In your response, include the steps that will be taken to rectify this situation of the impacted well(s).
Such as:
a. Providing a well below the contamination level.
b. Providing bottled water.
c. Hooking the resident up to an alternate source of water.
Your consultants report received by the Division dated 02/26/2009 indicated high nitrates in excess of
groundwater quality standards in all seven of the new monitoring wells. Of the seven monitoring wells sampled,
three appear to be on an adjacent property v(beyorid the compliance boundary) and contain nitrate levels
exceeding the groundwater standard. One well, MW-7, appears to be within the compliance boundary (50'
inside the property line of the land application site) also exceeds the groundwater standard. Finally, a water
supply well providing water to livestock in field MT-01-16/MT-01-17 was sampled and the results exceed the
groundwater standard. This well is also located within the compliance boundary of the land application field. A
private water supply well(s) adjacent to the application site (MT-01-16 & 17) have shown levels of nitrate
above the standard. This is Tyson's opportunity to quantify the impact of the residuals land application program
on the groundwater resources in this area.
3. Please indicate how poultry litter and/or other sources of residuals 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. Even if Tyson doesn't land apply residuals
to specific land application fields within it's program on a annual basis; if other nutrient sources are applied
to permitted land application fields, those other sources need to be accounted for and reported in the
residuals annual report due by 1 March.
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 Tony W. Honeycutt.
(910-433-3339) or myself at (910- 433-3336).
Sincerely,
Stephen Barnhardt, L.G.
Regional Aquifer Protection Supervisor
cc: APS Central Office File
APS FRO File
APS Mooresville Regional Office