WQ0020793_Final Permit_20020410

OF WArFR Michael F. Easley, Governor
`OCR �G William G. Ross Jr., Secretary
00 q North Carolina Department of Environment and Natural Resources
> -1 Gregory J. Thorpe, Ph.D., Acting Director
D C Division of Water Quality
April 10, 2002
LANNY STEPHENS — COMPLEX MANAGER
PO Box 1396
WILKESBORO, NC 28697
Subject: Permit No. WQ0020793
Tyson Farms - Hays Hatchery
Evaporation/Infiltration Pond
Wilkes County
Dear Mr. Stephens:
In accordance with the application received October 29, 2001 and additional information received
November 8, 2001 and December 11, 2001, we are forwarding herewith Permit No. WQ0020793, dated
March 12, 2002, to Tyson Farms, Inc. for the continued operation and maintenance of the subject
evaporation/infiltration pond.
This permit shall be effective from the date of issuance until March 31, 2007, and shall be subject
to the conditions and limitations as specified therein. Please pay particular attention to the monitoring
requirements in this permit. Failure to establish an adequate system for collecting and maintaining the
required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, North Carolina 27699-6714. Unless such demands are made this permit shall be final
and binding.
If you need any additional information concerning this matter, please contact Nathaniel
Thornburg at [phone] extension 533. 7
mutt i ry,
,,fregory J. Thorpe, Ph.D.
cc: Wilkes County Health Department
Winston-Salem Regional Office, Water Quality Section
Winston-Salem Regional Office, Groundwater Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
Water Quality Central Files
r�DPU Files VIVA
N EWN
WR
Non -Discharge Permitting Unit
1617 Mai[ Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http://h2o.enr.nc.state.us/ndpu
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
EVAPORATIONANFILTRATION LAGOON PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Tyson Farms, Inc.
Wilkes County
FOR THE
continued operation of a 2,100 gallon per day (GPD) wastewater treatment system consisting of an
infiltration/evaporation pond with a surface area of approximately 43,560 square feet (ft2) and an average depth of
6 feet, as well as two (2) 5 horsepower floating mechanical aerators to serve the Tyson Farms, Inc. Hays Hatchery
facility, with no discharge of wastes to the surface waters, pursuant to the application received October 29, 2001,
and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved
by the Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until March 31, 2007, and shall be subject to the
following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The evaporation/infiltration lagoon system shall be effectively maintained and operated at all times so
that there is no discharge to the surface waters, nor any contamination of ground waters which will
render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily,
including the creation of nuisance conditions, the Permittee shall take immediate corrective action,
including those actions that may be required by the Division of Water Quality (Division), such as the
construction of additional or replacement treatment or disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
or groundwaters resulting from the operation of this facility.
Any residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.

The following buffers shall be maintained:
a) 400 feet between the evaporation/infiltration lagoon and any residence or places of public
assembly under separate ownership,
b) 50 feet between the evaporation/infiltration lagoon and property lines,
c) 100 feet between the evaporation/infiltration lagoon and wells,
d) 100 feet between the evaporation/infiltration lagoon and drainageways or surface water bodies,
e) 50 feet between the evaporation/infiltration Iagoon and public right of ways,
f) 100 feet between wastewater treatment units and wells, and
g) 50 feet between wastewater treatment units and property lines.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Water Pollution Control Systems Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified wastewater treatment plant operator
to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a
certificate of the type and grade at least equivalent to or greater than the classification assigned to the
wastewater treatment facilities by the WPCSOCC. The Permittee must also employ a certified back-
up operator of the appropriate type and grade to comply with the conditions of 15A NCAC 8G .0202.
The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and N
facility at least daily, excluding weekends and holidays, and must properly manage and document
daily operation and maintenance of the facility and must comply with all other conditions of 15A
NCAC 8G .0202.
The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility.
4. Freeboard in the evaporation/infiltration lagoon shall not be less than two feet at any time.
5. No type of wastewater other than that from the Hays Hatchery shall be disposed in the
evaporation/infiltration lagoon.
6. Public access to the evaporation/infiltration lagoon shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site.
7. A waste -level gauge, to monitor waste levels in the storage pond, shall be installed within sixty (60)
days of issuance of this permit. This gauge shall have readily visible permanent markings indicating
the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at
the bottom of the temporary liquid storage volume, and top of the dam elevations. Caution must be
taken not to damage the integrity of the soil when installing the gauge.
8. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas,
and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow
on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or
otherwise controlled and accessible.
9. The Permittee shall monitor the level of accumulated solids in the evaporation/infiltration pond and
retain the records on -site. If it is determined that the solids are sufficiently reducing the active
storage/treatment volume of the pond, the Permittee shall properly dispose of all residual solids as
stipulated in Condition 1.3.

III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring deemed necessary by the Division to insure surface7and groundwater protection will
be established and an acceptable sampling reporting schedule shall be followed.
2. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a basin or tank, the known passage of a slug of hazardous substance through the
facility, or any other unusual circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators,
compressors, etc.;
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility;
or
d_ Any time that self -monitoring information indicates that the facility is not in compliance with its
permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5) days following first knowledge of the occurrence. This report must outline the actions taken
or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER REQUIREMENTS
1. Well Construction:
a. Within ninety (90) days of permit issuance, three (3) monitor wells, one (1) up -gradient and two
(2) down -gradient, shall be installed to monitor groundwater quality. The wells shall be
constructed such that the water level in the well is never above or below the screened (open)
portion of the well at any time during the year. The general location and name for each well is
marked on Figure 1. Each monitoring well shall be located at the Review boundary, constructed
in accordance with this permit, and approved by the Winston-Salem, Regional Office.
b. The wells must be constructed by either a North Carolina Certified Well Contractor, the property
owner, or the property lessee according to General Statutes 87-98.4(b)(2). If the construction is
not performed by a certified well contractor, the property owner or lessee must physically
perform the actual well construction activities, and the well(s) must be constructed according to
the North Carolina Well Construction Standards (15A NCAC 2C .0108) and the local county
rules.
C. The Winston-Salem Regional Office, telephone number [phone], shall be notified at least
forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can
be made of the monitoring well location. Such notification to the regional groundwater
supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on
Monday through Friday, excluding state holidays.

d_ Within thirty (30) days of completion of all well construction activities, a certification must be
received from a professional engineer or a licensed geologist certifying that the monitoring wells
are located according to this permit.
2. Sampling Criteria:
a. Monitor wells (MW-1, MW-2 and MW-3) shall be sampled initially after construction and prior
to waste disposal operations, and thereafter every March, July and November for the
parameters listed below. Prior to sampling the parameters, the measurement of water levels
must be taken. The depth to water in each well shall be measured from the surveyed point on
the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be
surveyed relative to a common datum.
Nitrate Total Dissolved Solids (TDS)
Chloride Total Ammonia Nitrogen
Fecal Coliform Water Level
Total Phosphorous pH
b. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.
3. Reporting / Documentation:
All reports and documentation (GW-1, GW-30, GW-59) shall be mailed to the following
address:
Groundwater Section
Permits and Compliance Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
Updated blank forms (GW-1, GW-30, GW-59) may be downloaded from the Groundwater
Section's website at http://pw.ehnr.state.nc.us/ or requested from the address mentioned above.
b. For the initial sampling of the well(s), the permittee shall submit a copy of the GW-1 Form
(Well Construction Record) with the Compliance Monitoring Form (GW-59) for each well to
the address listed in the "Reporting / Documentation" section of the Groundwater
Requirements. Initial Compliance Monitoring Forms that do not include copies of the GW-1
form may be returned to the permittee without being processed. Failure to submit these forms
as required by this permit may result in tha initiation of enforcement activities pursuant to NC
General Statutes 143-215.6A.
The results of the sampling and analysis must be received on Form GW-59 (Groundwater
Quality Monitoring: Compliance Report Form) by the Groundwater Section (address listed in
the "Reporting / Documentation" section of the Groundwater Requirements), on or before the
Iast working day of the month following the sampling month. The data of all groundwater
sampling analyses required by the permit conditions must be reported using the most recent
GW-59 form along with attached copies of the laboratory analyses.

d. Within sixty (60) days of completion of all monitoring wells, the permittee shall submit two
original copies of a scaled site map (scale no greater than 1"=100); however, special provisions
may be granted upon prior approval for large properties. The map(s) must include the +
following information:
1) The location and identity of each monitoring well.
2) The location of major components of the waste disposal system.
3) The location of property boundaries within 500 feet of the disposal area(s).
4) The latitude and longitude of the established horizontal control monument_
5) The elevation of the top of the well casing (which shall be known as the "measuring point')
relative to a common datum.
6) The depth of water below the measuring point at the time the measuring point is
established.
7) The location of Review and Compliance boundaries.
8) The date the map is prepared and/or revised.
Control monuments shall be installed in such a manner and made of such materials that the
monument will not be destroyed due to activities that may take place on the property. Maps
and any supporting documentation shall be sent to the Groundwater Section as addressed in the
"Reporting / Documentation" above.
The permittee is responsible for the geographic accuracy of any map submitted, however
produced.
4. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the
disposal system individually permitted after December 31, 1983 is established at either 250 feet
from the waste disposal area, or 50 feet within the property boundary, whichever is closest to
the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L
.0106(d)(2).
b. The REVIEW BOUNDARY is established around the disposal systems midway between the
Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of
standards at the Review Boundary shall require action in accordance with 15A NCAC 2L
.0106(d)(1).

V. INSPECTIONS
i. Adequate inspection, maintenance and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the groundwater recovery and treatment facilities to
prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the
release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall
maintain an inspection log or summary including at least the date and time of inspection, observations
made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of
inspections shall be maintained by the Permittee for a period of three years from the date of the
inspection and shall be made available to the Division or other permitting authority, upon request.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit, may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
2. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division
accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and
may or may not be approved.
A set of approved plans and specifications for the subject project must be retained by the Pertittee
for the life of this project.
4. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
5. The annual administering and compliance fee trust be paid by the Permittee within thirty (30) days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division to
initiate action to revoke this permit as specified by 15A NCAC 2H A205 (c)(4).
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state,
and federal) which have jurisdiction.
7. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and limitations as it may deem appropriate.
This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and
monitoring requirements the Division of Water Quality deems necessary in order to adequately
protect the environment and public health.

Permit issued this the 10`h day of April, 2002
NORT AROLINA E V QNMENTAL MANAGEMENT COMMISSION
_-L
G'
5 Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0020793

Permit No. WQ0020793
April 10, 2002
ENGINEER'S CERTIFICATION
Partial Final
L as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,
Project Name
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and intent of
this permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.

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Tyson Foods Hatchery
Exist. TreatmentlDisposal Pond
USGS Topographic Map (July 1, 1966)
Tyson Foods, Inc. — Hays, NC Hatchery
Hays, N.C. Scale: 1" = 667'
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Horizon EngineeringEnginegUng & Consulting, Inc.
107 Commercial Park Drive
Concord, N.C. 28027 August 31, 2001

Aerial Photo
Tyson Foods, Inc. — Hays, NC Hatchery
Hays, N.C. Scale: 1" = +/- 350'
sal Pond
Horizon Engineering & Consulting, Inc_
107 Commercial Park Drive
Concord, N.C. 28027 August 31, 2001

Site Plan
Tyson Foods, Inc. — Hays, NC Hatchery
Hays, N.C. Scale: 1" = 300'
Horizon Engineering & Consulting Inc.
107 Commercial Park Drive
Concord, N.C. 28027 August 31, 2001

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