Document 3JEo6xjV25ZqYrd3ZJpxodax3

EPA Inspection Report - Page 1 of 24 King Ranch, Inc./King Ranch Feedyard Inspection Date 09/19/2022 Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 09/19/2022 Water CAFO Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: King Ranch, Inc. King Ranch Feedyard (27.516069, -97.972834) On Hwy 141, 7 mi. west of Kingsville, TX Kingsville, TX 78364 P.O. Box 1090 Kingsville, TX 78364-1090 Kleberg 361-595-5683 office Willie Pakebusch Cattle Superintendent wpakebusch@king-ranch.com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: 110033861079 TXG920609 N/A 112112 0211 Personnel participating in inspection: Willie Pakebusch King Ranch Feedyard Lucas Bomar EPA/6ECAD-WA Juan Ibarra EPA/6ECAD-WA Cattle Superintendent Inspector Inspector EPA Lead Inspector Signature/Date Supervisor Signature/Date 6ENFORM-019-R8.2 (02/12/2020) JUAN IBARRA Digitally signed by JUAN IBARRA DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=JUAN IBARRA, 0.9.2342.19200300.100.1.1=68001003637961 Date: 2022.11.03 08:26:10 -05'00' {Inspector name} ESTEBAN HERRERA Date: 2022.11.03 13:58:28 -05'00' Digitally signed by ESTEBAN HERRERA {Supervisor name} 1 Date Date EPA Inspection Report - Page 2 of 24 King Ranch, Inc./King Ranch Feedyard Inspection Date 09/19/2022 Section I - INTRODUCTION PURPOSE OF THE INSPECTION EPA Region 6 inspectors Juan Ibarra and Lucas Bomar arrived at the King Ranch Feedyard at 0910 on September 19, 2022, for an unannounced inspection. We met with Mr. Willie Pakebusch/Cattle Manager at the Opening Conference. I presented my credentials to Mr. Pakebusch and informed him that this was an EPA inspection to determine the facility's compliance status with the requirements of the Clean Water Act (CWA) and the Texas Pollutant Discharge Elimination System (TPDES) Concentrated Animal Feeding Operation (CAFO) regulations stipulated within the facility's Texas Commission on Environmental Quality (TCEQ) CAFO general permit. The scope of the inspection included a compliance evaluation of the facility's site operations, lagoon maintenance, nutrient management plan, and record keeping requirements of their permit. For biosecurity purposes, the inspectors toured the site in Mr. Pakebusch's vehicle and wore over-boots. FACILITY DESCRIPTION King Ranch Feedyard has a current TCEQ CAFO general permit for 20,000 total beef cattle. The original CAFO permit dates-back to 1994. On the day of the inspection the feedyard had 5,546 head of cattle. All the cattle are kept in open lot pens which are located within the watershed of an RCS. The feedyard has two RCS which operate in series, consisting of a constructed lagoon (RCS 1) and a playa lake (RCS 2) which are shown in the Appendix 1 photolog (photos 1-3). RCS 1 has a capacity of 8.3 acre-feet and RCS 2 has a capacity of 309.2 acre-feet. Both RCSs have the original certifications from 2/10/1994 by Ben Weinheimer, P.E., and the required 5-year certification for RCS 1 made on 5/10/2018 (also by Mr. Weinheimer). The TCEQ CAFO general permit does not require a playa lake to be re-certified every 5 years. The original RCS2 playa lake materials certification is attached in Appendix 2 and was certified on 2/10/1994. The facility has seven (7) land management units (LMUs). LMU 1 has 138 acres, LMU 2 has 343 acres, LMU 3 has 361 acres, LMU 4 has 1970 acres, LMU 5 has 400 acres, LMU 6 has 180 acres and LMU 7 has 253 acres. The feedyard grows silage sorghum on LMU 4 which they cut once a year and store as silage feed within a silage bunker. They also grow Coastal bermuda and buffelgrass on the other LMUs which are primarily grazed by other cattle that are kept on pasture. Only manure solids are land applied by manure spreader using a hired third party, and in the past 33 years (since Mr. Pakebusch has worked at King Ranch) the facility has never land applied wastewater as evaporation has been sufficient to manage the wastewater levels. However, the facility did have a discharge when it received 9.1" of rain on 6/21/2018 (the 25-yr/24-hr rain event is 8.5"). The facility does have access to irrigation equipment should it be needed. The Texas Cattle Feeders Association (TCFA) prepared and manages the pollution prevention plan which serves as the nutrient management plan (NMP). The TCFA also takes the annual LMU soil samples and manure analysis, as well as track the two freshwater wells which they sample annually for Nitrate/Nitrite levels. The TCFA provides a phosphorus-based land application recommendation for the feedyard's LMUs based on either a single year or multi-year application, and the last manure applications occurred in early 2 EPA Inspection Report - Page 3 of 24 King Ranch, Inc./King Ranch Feedyard Inspection Date 09/19/2022 2022 through April 2022. Pens are scrapped annually and are properly sloped to the RCSs. Both RCSs are fenced-off and have a pole marker. Mortalities are buried on-site next to LMU 1. Section II - OBSERVATIONS The feedyard has two issues that were noted during the inspection: First, the RCS 2 playa lake has a significant number of large trees growing within the RCS. Photo 3 of the photolog found in Appendix 1 shows the pole marker for RCS 2 located within a wooded area of RCS 2. Also note the feedyard aerial photographs and topographic maps found in Appendix 1 showing the location of RCS 2 relative to the cattle pens and the trees within RCS 2. The USGS topographic maps found in Appendix 1 show the playa lake formation from 1979 (prior to the existence of the feedyard which was first permitted in 1994). This topographic map shows the surrounding elevations around the playa lake which are higher than that of the playa lake. There is also a topographic map from 2022 showing the playa lake RCS relative to the approximate locations of the cattle pens. Finally, the historical aerial photographs from Google Earth contained in Appendix 3 shows the varying degrees of tree cover and growth over a period of 20 years, from 1995 to 2015. In 1995 the playa lake is covered with trees. Then in 2003 all the trees have been removed. In 2011 and 2015 a few of the trees are growing back, and as shown in the photolog (photo 3) and 2022 DigitalGlobe aerials the trees are again becoming established within RCS 2. Second, there was a discharge of silage leachate from the silage bunker that flowed into an open pasture which did not appear to discharge into the watershed of an RCS. See photos 4 and 5. No other issues were found during the inspection as it appeared that the slopes and berms channeling wastewater runoff from the pens appeared to be well maintained and the facility was appropriately land applying manure solids at an agronomic rate. Section III - AREAS OF CONCERN AOC 1: RCS 2 (the playa lake) is located within a heavily wooded area. Prior Google Earth photos obtained from 1995, 2003, 2011, and 2015 show the playa lake conditions over time. In 1995, the year after the CAFO was first permitted by the TCEQ (its predecessor agency TNRCC), the RCS 2 playa lake was heavily wooded (see Appendix 3 - Historical Google Earth Aerials of RCS 2 Playa Lake). Then in 2003 the aerial shows the playa lake to be devoid of trees. In 2011 and 2015 the playa lake was beginning to grow back trees on the eastern side of the RCS and a few in the center by the water. Otherwise, most of the RCS 2 playa lake was devoid of trees. Trees have continued to spread and grow up to the time of the inspection as shown in the photolog and aerials contained within Appendix 1. Part III.A.10.(f).(3) of the TCEQ CAFO general permit states that "No tree shall be allowed to grow such that the root zone would intrude or compromise the structure of the liner or embankment." 3 EPA Inspection Report - Page 4 of 24 King Ranch, Inc./King Ranch Feedyard Inspection Date 09/19/2022 AOC 2: There was a discharge of silage leachate going into a large pasture at the time of the inspection. Per Part III.4.(a) of the TCEQ CAFO general permit, Potential pollutant sources include "...silage stockpiles...". Furthermore, "An evaluation of potential pollutant sources shall identify the sources, "and indicate all measures that will be used to prevent contamination from the pollutant sources." Also, per Part III.5.(a).(2). "Manure, sludge, and wastewater generated by a CAFO shall be retained and used in an appropriate and beneficial manner as provided in this general permit." Additionally, the facility NMP requires that production area runoff be discharged into an RCS. Section IV - FOLLOW UP None. Section V - LIST OF APPENDICES Appendix 1 - Photo Log - Five photos taken 9/19/2022, aerial photographs / significant photos, site map provided by King Ranch, and the 2022 & 1979 USGS topographic maps Appendix 2 - 1994 RCS 2 Playa Lake Certification and Atterberg Soils Analysis Appendix 3 - Historical Google Earth Aerials of RCS 2 Playa Lake 4 EPA Inspection Report - Page 5 of 24 King Ranch, Inc./King Ranch Feedyard Inspection Date 09-19-2022 Appendix 1 Photograph Log, Site Aerials with Significant Photos and USGS Topographic Maps EPA Inspection Report - Page 6 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 1 County: Kleberg State: Texas Photo File Name: P9190001.JPG Date of Photo: 09/19/2022 Time of Photo: 1254 Photographer: Lucas Bomar Description: Looking east at RCS 1. Unit has a pole marker and no trees are growing on the embankment. EPA Inspection Report - Page 7 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 2 County: Kleberg State: Texas Photo File Name: P9190002.JPG Date of Photo: 09/19/2022 Time of Photo: 1257 Photographer: Lucas Bomar Description: Looking northeast at RCS 1 and the drainage channel (the brown colored ditch) leading from the production area (pens and feed mill) to the RCS. No trees are growing on the embankment. The embankments are well covered in vegetative grasses (buffelgrass) with no indications of erosion. EPA Inspection Report - Page 8 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 3 County: Kleberg State: Texas Photo File Name: P9190003.JPG Date of Photo: 09/19/2022 Time of Photo: 1300 Photographer: Lucas Bomar Description: RCS 2 is a playa lake with large trees. The unit has a pole marker and the playa lake is significantly wooded. The view is toward the west-southwest. EPA Inspection Report - Page 9 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 4 County: Kleberg State: Texas Photo File Name: P9190004.JPG Date of Photo: 09/19/2022 Time of Photo: 1309 Photographer: Lucas Bomar Description: The silage storage bunker had a discharge of dark liquor that was running off-site. The view is toward the west-northwest. EPA Inspection Report - Page 10 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 5 County: Kleberg State: Texas Photo File Name: P9190005.JPG Date of Photo: 09/19/2022 Time of Photo: 1310 Photographer: Lucas Bomar Description: The discharging leachate from the silage storage bunker is discharging thru a ditch into a ponded area in an open pasture. It does not appear that this discharge goes into the drainage area of an RCS. The view is toward the east-southeast. EPA Inspection Report - Page 11 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 6 County: Kleberg State: Texas King Ranch Feedyard DigitalGlobe aerial from 6/27/22, significant photo locations 5 2 3 EPA Inspection Report - Page 12 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 7 County: Kleberg State: Texas King Ranch Feedyard DigitalGlobe aerial from 6/27/22, RCS 2 close-up view EPA Inspection Report - Page 13 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 8 County: Kleberg State: Texas Google Maps King Ranch Feedyard RCS site locations and feedyard lat/long RCS 1 RCS 2 EPA Inspection Report - Page 14 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 9 County: Kleberg State: Texas Map of the King Ranch Feedyard provided after the inspection by King Ranch showing monitoring/water well locations and other features EPA Inspection Report - Page 15 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 10 County: Kleberg State: Texas EPA Inspection Report - Page 16 of 24 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: King Ranch Feedyard City: Kingsville Photo No. 11 County: Kleberg State: Texas 1979 USGS Topographic Map prior to the permitting of the feedyard in 1994. The playa lake is surrounded by higher elevation land. EPA Inspection Report - Page 17 of 24 King Ranch, Inc./King Ranch Feedyard Inspection Date 09-19-2022 Appendix 2 1994 RCS 2 Playa Lake Certification and Atterberg Soils Analysis EPA Inspection Report - Page 18 of 24 EPA Inspection Report - Page 19 of 24 EPA Inspection Report - Page 20 of 24 EPA Inspection Report - Page 21 of 24 EPA Inspection Report - Page 22 of 24 King Ranch, Inc./King Ranch Feedyard Inspection Date 09-19-2022 Appendix 3 Historical Google Earth Aerials of RCS 2 Playa Lake EPA Inspection Report - Page 23 of 24 EPA Inspection Report - Page 24 of 24