Document 4avoBBeQkr9nGOg2BmOnnjZ2V
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III
FOUR PENN CENTER - 1600 JOHN F. KENNEDY BLVD. PHILADELPHIA, PENNSYLVANIA 19103-2852
Report Title: Inspection Date(s): Regulatory Program(s): Type of Activity: Facility Name: Facility Address: Facility Latitude: Facility Longitude: County/Parish: CAFO Permit No: Site Specific Permit No: NAICS Code: SIC: Unique Project #:
Clean Water Act Compliance Inspection Report August 9, 2023 National Pollutant Discharge Elimination System CAFO Inspection REM Farms, LLC 5374 Amore Dr. Laurel, DE 19956 38.527222 -75.656111 Sussex County DE5000N11 DEA116020 112310 0251 3E23WN110A
(NPDES)
Facility Representative(s): Rick Moore, Owner/Operator Email: rjmoore4@gmail.com
Point of Contact
Inspectors: Sirese Jacobson, PG Environmental Email: sirese.jacobson@pgenv.com Andrew Rimelman, PG Environmental Email: andrew.rimelman@pgenv.com
Report Preparer Signature/Date
Supervisor Signature/Date
Sirese Jacobson, PG Environmental
September 26, 2023 Date
MARK ZOLANDZ Date: 2023.10.06 15:10:31 -04'00' Digitally signed by MARK ZOLANDZ
Mark Zolandz, Section Chief
Date
NPDES Enforcement Section (3ED32)
Attachment A Site Map Attachment B Photo Log
Attachments
REM Farms, LLC (DEA116020)
REM Farms, LLC (DEA116020)
DELAWARE CAFO INSPECTION REPORT
GENERAL INFORMATION
Facility ID #: DEA116020 Facility Name: REM Farms, LLC Facility Owner: Rick Moore Facility Operator: Rick Moore Mailing Address: 5374 Amore Dr.
Laurel DE 19956 Physical Address: 5374 Amore Dr.
Laurel DE 19956 County: Sussex Contact Person: Rick Moore
Inspectors: Sirese Jacobson and Andrew Rimelman (PG Environmental)
Inspection Date: 8/9/2023
Time in: 8:00 AM
Time out: 10:30 AM
Weather: Sunny, approximately 75 F with light wind. 2.85 in of precipitation was measured at the nearest NOAA weather station (NOAA Gauge # US1DESS0064 approximately 8 miles NE of the facility) the night before the inspection.
Phone
GPS Reading (at gate)
(office): N/A (fax): N/A (cell): 302-569-1311 North: 38.527222
E-mail: rjmoore4@gmail.com
West: -75.656111
Persons Present During Inspection: Sirese Jacobson and Andrew Rimelman (PG Environmental); Peter Gold, Mark Zolandz, and Michael Greenwald (United States Environmental Protection Agency, Region 3); Chris Brosch, Aaron Givens, and Bob Coleman (Delaware Department of Agriculture [DDA]); Gordon Woodrow and Lydia Smith (Delaware Department of Natural Resources and Environmental Control [DNREC]); Ric Moore and Ed Moore (Facility Representatives)
Max. Animals Confined per Month: Approximately 299,200 (facility personnel stated that the number of chickens confined on the day of the inspection was the approximate maximum number of chickens that are confined per month).
Does the facility owner/operator own and/or operate any other animal feeding operations? Yes
If yes provide name(s) and address(es) and indicate whether the facility is an AFO or a CAFO:
Mr. Moore operates one other leased facility:
RAKM Farms - 5325 Amore Dr., Laurel, DE 19956 This facility is a permitted CAFO. Location and name of nearest surface water1 and description of flow path:
Cod Creek is located less than 0.1 mile southeast of the facility. Cod Creek flows northwest and is a tributary to the Nanticoke River.
Permitted # confined (as
Max. #
Animal Type
reported in public notice of # Confined Capacity of
application for coverage) Today
Facility
Poultry (Roaster, 0-60 333,600 days)
299,200
299,400
Number of animals today (all animals in production area): 299,200 roaster chickens
Max. # Confined Per Month
292,000
X Presented credentials? (check if yes) X Inspection photos attached? (check if yes)
1 Surface water means all waters of the United States.
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REM Farms, LLC (DEA116020)
INSPECTION OVERVIEW AND FACILITY DESCRIPTION
On August 9, 2023, EPA Region 3 inspectors Peter Gold, Mark Zolandz, and Michael Greenwald, along with their contractors Sirese Jacobson and Andrew Rimelman (PG Environmental) (collectively, the EPA inspection team), conducted a compliance inspection of REM Farms, LLC, a concentrated animal feeding operation (CAFO) located in Laurel, Sussex County, Delaware. Chris Brosch, Aaron Givens, and Bob Coleman from the Nutrient Management Division of the Delaware Department of Agriculture (referred to hereinafter as DDA) and Gordon Woodrow and Lydia Smith from the Delaware Department of Natural Resources and Environmental Control (referred to hereinafter as DNREC) were also present for the inspection. The EPA inspection team, DNREC, and DDA entered the facility at approximately 8:00 am and stopped at the facility entrance to carry out biosecurity measures, including disinfecting vehicle tires and putting on disposable coveralls, hair nets, and boot covers. The group then proceeded into the facility where they met the facility operator, Mr. Rick Moore, and Mr. Ed Moore (referred to hereinafter as the facility representatives). Peter Gold and Sirese Jacobson presented their credentials and explained the inspection goals and procedure. EPA contract inspectors conducted an opening conference. Then, Mr. Ed Moore led the group on a site walk around the production area. After the site walk, the group conducted a records review and closing conference. The EPA inspection team left the facility at approximately 10:30 AM, stopping at the facility entrance on the way out to disinfect the vehicle tires.
REM Farms is a contract poultry growing operation that produces roaster chickens. The facility receives day old chickens and raises them for approximately 58-61 days. The facility raises an average of 4.5 flocks per year, with an average of 21 days between flocks. The facility consists of eight poultry houses (shown in Photographs 2-9 and Photographs 23-31) and two manure storage buildings located on the east side of the property (shown in Photographs 10-15). The facility is located approximately 0.1 miles from the nearest surface water, Cod Creek, which flows northeast into the Nanticoke River.
The facility exports all poultry manure offsite. A cake-out of the poultry houses is performed between each flock and stored in two designated manure storage buildings located on the east side of the facility before it is exported offsite. Facility representatives stated that manure exports occur twice per year, generally during the fall and winter. The facility's NOI states that the manure storage buildings can store approximately 146 tons of manure. Mortality composting is performed in a composter at the east side of the southern manure storage building (shown in Photograph 10).
Stormwater runoff from the two northern poultry houses runs east to west (parallel to the buildings) to a drainage channel that runs along the western edge of the facility (shown in Photographs 2-8). This drainage flows south toward a stormwater basin located on the southern edge of the facility (shown in Photographs 19-22). Stormwater runoff from the southern six poultry houses flows south through drainage channels located between each poultry house (shown in Photographs 23-31) and then through culverts to the stormwater basin located along the southern edge of the facility. Runoff from the manure storage buildings, their concrete pads, and areas around the manure storage buildings flows generally south through a drainage channel (shown in Photographs 14-18) into the stormwater basin. According to the facility representatives, the stormwater basin includes an overflow culvert on the south side of the basin to convey any discharges from the basin into a tax ditch before entering Cod Creek. However, facility representatives stated that no overflows had occurred since they assumed ownership of the facility. The inspection team did not observe the overflow culvert of the stormwater basin during the inspection.
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REM Farms, LLC (DEA116020)
SUMMARY OF OBSERVATIONS
The following observations were identified relative to the requirements of NPDES Concentrated Animal Feeding Operation (CAFO) General Permit for Large, Medium, & Designated Poultry CAFOs - Manure Generation Facilities Only (No. DE5000N11) and the Delaware Administrative Code. Part I.B.1 of the permit requires the CAFO to comply with DNREC's 7 Del. Admin. C. 7201-9.5, the CAFO Regulations. In the observations below, references to sections of the permit refer to Permit No. DE5000N11, which became effective April 1, 2016. Each observation also includes a reference to questions that are included in the "Inspection Checklist" section below.
Part I.D.1 of the permit states "The permittee shall also maintain a copy of the "Notice of Intent & Application for Coverage" and a copy of the most current AWMP/NMP at the CAFO with this issued NPDES CAFO Permit."
Observation #1
o The facility did not have a copy of the current Animal Waste Management Plan (AWMP) onsite at the time of the inspection. DDA personnel were able to provide a copy of the AWMP (dated 5-22-2016) which was reviewed during the inspection. DDA indicated that this was the current version of the AWMP. The AWMP provided by DDA listed an expiration date of 11/20/2020; however DDA indicated that the AWMP had been renewed and approved without changes. See question 1 of the Inspection Checklist below.
o The facility did not have a copy of the current notice of intent (NOI) onsite and available for review at the time of the inspection. The facility had a copy of an older NOI from 2013 that was reviewed by the inspection team. A copy of the current NOI and an approval letter for the NOI were provided by DDA by email correspondence on 9/8/2023. See question 15 of the Inspection Checklist below.
40 CFR 412.37(a)(1) states "There must be routine visual inspections of the CAFO production area. At a minimum, the following must be visually inspected: (i) Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the wastewater and manure storage and containment structure."
40 CFR 412.37(b)(1) and 7 DE Admin. Code 7201-9.5.6.4.3.1.1.3.2 require the facility to maintain records of inspections on-site for a period of five years. These inspections include "Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the wastewater and manure storage and containment structure."
Observation #2
o The facility was unable to provide records of weekly inspections of diversion devices or runoff diversion devices stored on-site at the time of the inspection. Facility representatives stated that stormwater controls were being inspected but were not being documented. See question 19.a of the Inspection Checklist below.
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REM Farms, LLC (DEA116020)
40 CFR 412.37(a)(1) states "There must be routine visual inspections of the CAFO production area. At a minimum, the following must be visually inspected: ... (ii) Daily inspection of water lines, including drinking water or cooling water lines."
40 CFR 412.37(b)(1) and 7 DE Admin. Code 7201-9.5.6.4.3.1.1.3.3 require the facility to maintain records of inspections on-site for a period of five years. These inspections include "Daily inspection of water lines, including drinking water or cooling water lines".
Observation #3
o The facility did not provide records of daily inspections of waterlines at the time of the inspection. Facility representatives stated the water lines were being inspected but the inspections were not being documented. Facility personnel walk through poultry houses each day in order to collect mortalities, during these walk throughs water lines could be observed. See question 19.b of the Inspection Checklist below.
40 CFR 412.37(c)(4) require the facility to maintain records of "Test methods used to sample and analyze manure, litter, process wastewater, and soil" for five years.
Part I.D.4 of the permit states: "If sampling and/or monitoring is performed, samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Sampling and monitoring records shall include the date, place, and time of sampling or measurements, and the individuals who performed the sampling or measurements. The facility responsible for analysis of the sample shall document the date of the analysis, the individual who performed the analysis, the analytical techniques/methods used, and the results of such analysis in accordance with 7 Del. Admin. C. 7201-6.41.2."
Observation #4
o The manure analysis results onsite did not include the following elements (see questions 26 and 28b of the Inspection Checklist below): Time of sampling Individuals who performed sampling Individual who performed the analysis Analytical test method used
40 CFR 122.42I(1)(i) require that permittees implement a nutrient management plan, including a requirement to "Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities".
Part II.A.6 of the permit states "The permittee shall have manure residue and litter residue adequately cleaned up on a reasonable and necessary basis."
Part II.A.6 of the permit states "The permittee shall at all times maintain in good working order and operate as efficiently as possible all BMP's installed or used by the permittee for water
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REM Farms, LLC (DEA116020)
pollution control to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance includes, but is not limited to, good housekeeping practices, appropriate chemical storage and handling, proper handling and storage of manure, and proper handling of mortalities as addressed in the AWMP or NMP." Observation #5
o The inspection team made the following observations regarding the stormwater basin: Residual manure was observed on the concrete pad located on the north end of the south manure storage building (Photographs 10 and 11). See questions 46 and 48 of the Inspection Checklist below. The EPA inspection team observed discoloration of standing water located in the stormwater drainage west of the manure storage building. (Photograph 16) See Additional Production Area Comments section of the Inspection Checklist below. A layer of algae growth and/or duckeweed was observed on the surface of the stormwater basin (Photographs 24 and 25). See Additional Production Area Comments section of the Inspection Checklist below.
Part I.D.2.c.iv of the permit requires that if "manure, litter or process wastewater is sold or given to other persons for disposal or utilization", the CAFO generating the manure, litter or process wastewater must maintain "a copy of the most recent manure, litter and process wastewater nutrient analysis shall be given to the receiver on or before the date of transfer." Observation #6 o The facility representative stated that he does not provide the manure recipients with a copy of the most recent manure analysis. See question 18.e of the Inspection Checklist below.
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REM Farms, LLC (DEA116020)
INSPECTION CHECKLIST Nutrient Management Plan (NMP)
Required NMP Element [40 CFR 122.42(e)(1)] [7 DE Admin. Code 7201-9.5.5.2] [DE GP1 Part II.A.2]
No
1. Is the facility's AWMP/NMP available on-site? Does it reflect the current operational
characteristics and practices? [40 CFR 122.42(e)(2)(ii)] [7 DE Admin. Code 7201-
9.5.5.2] [DE GP1 Part I.D.1]
Date developed or last revised: 5/22/2016
Approved by: Brian Ashby (DNREC) and Chris Brosch (DDA)
Approval date: 8/3/2016
Date submitted to DNREC: 5/22/2016
The AWMP that was available to review on-site was developed on 5/22/2016 and had an expiration date of 11/20/2020. However, DDA stated that AWMPs are generally reissued by a letter from DDA and DNREC notifying the permittee that their current AWMP has been extended if there are no major modifications to the facility. The facility did not have a copy of this correspondence from DDA and DNREC onsite at the time of the inspection.
Yes
2. Ensure adequate storage of manure and process wastewater, including operation and
maintenance procedures. [40 CFR 122.42(e)(1)(i)]
Yes
3. Ensure proper management of animal mortalities. [40 CFR 122.42(e)(1)(ii)]
No
4. Ensure that clean water is diverted, as appropriate, from the production area. [40 CFR
122.42(e)(1)(iii)]
The AWMP does not identify site-specific controls to divert clean water away from the production areas. Roof runoff from the poultry houses is directed into the drainage channels into the stormwater basin located on the south side of the facility. In the stormwater basin, clean water from roof runoff could commingle with process wastewater generated from runoff that has contacted manure (i.e., runoff from the manure storage building concrete pads). The topography of the site prevents clean water from running onto the production area from offsite.
Yes
5. Prevent direct contact of confined animals with surface waters. [40 CFR 122.42(e)(1)(iv)]
The chickens are housed in the poultry houses and do not have direct access to surface waters.
Yes
6. Ensure proper disposal of chemicals and other contaminants. [40 CFR 122.42(e)(1)(v)]
The AWMP includes general information on chemical handling.
Yes
7. Identify site-specific conservation practices to control runoff of pollutants. [40 CFR
122.42(e)(1)(vi)]
The AWMP lists "good housekeeping" as an additional production area conservation practice. (the plan specifies that this practice is not required). The AWMP lists Waste Storage Facility (NRCS conservation practice 313), animal mortality facility (NRCS
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REM Farms, LLC (DEA116020)
conservation practice 316) and heavy use area protection (NRCS conservation practice 561) as production area conservation practices that must be implemented.
Nutrient Management Plan (NMP) (continued)
Yes
8. Identify protocols for manure, process wastewater, and soil sampling and testing. [40
CFR 122.42(e)(1)(vii)]
The facility has identified protocols for manure sampling testing in the AWMP. These protocols include analyzing a manure sample for nutrients at least annually and in accordance with the recommendations from the University of Delaware. Testing for process wastewater and soil sampling and testing are not applicable to this facility.
N/A
9. Establish protocols to land apply manure or process wastewater in accordance with site-
specific nutrient management practices that ensure appropriate agricultural utilization
of the nutrients in the manure, litter, or process wastewater. [40 CFR 122.42(e)(1)(viii)]
Yes
10. Identify specific records that will be maintained to document the implementation and
management of the minimum NMP elements (#2-#9 above).
Section 9 of the NMP outlined recordkeeping requirements. In addition, the general
permit specifies the records that must be maintained to document implementation of
the AWMP.
Additional NMP Requirements for Large Dairy Cow, Cattle, Swine, Poultry, and Veal Calf CAFOs
N/A
11. Application rates are calculated as required by 40 CFR 412.4(c)(2).
Yes
12. Specifies the manure, process wastewater, and soil sampling at the required
frequencies and for the required parameters? [40 CFR 412.4(c)(3)] (manure/wastewater
annually for P & N (at minimum, analysis for total nitrogen (N), ammonium N, total
phosphorus (P) or P2O5, total potassium (K) or K2O, and percent solids); soils (at a
minimum, analysis for organic matter, pH, lime requirement, and plant available
phosphorus and potassium; Current soil tests are ones that are no older than three
years) in accordance with State Technical Standards) [DE GP1 Part I.D.3]
N/A
13. Includes periodic inspection of land application equipment? [40 CFR 412.4(c)(4)]
N/A
14. Includes 100-foot setback or 35-foot vegetated buffer, or approved alternative? [40 CFR
412.4(c)(5)]
Where applicable, identify each field and setback type:
Field ID N/A
Setback Type
Nutrient Management Plan (NMP) comments:
An AWMP from 2016 with a listed expiration year of 2021 was provided for review by DDA during the onsite inspection, the facility did not provide an AWMP during the inspection. DDA representatives stated that the 2016 AWMP was the current version.
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REM Farms, LLC (DEA116020)
Monitoring, Documentation and Recordkeeping
Does the facility maintain the following records? [7 DE Admin. Code 7201-9.5.6.4.3]
No
15. The completed permit application? [40 CFR 412.37(b)]
Facility personnel did not have the completed permit application onsite and available for review at the time of the inspection. However, DDA was able to provide a copy of the permit application (dated 5/22/2016) that was reviewed during the inspection.
Yes
16. The current design of manure storage structures, including volume of solids
accumulation, design treatment volume, total design volume, and approximate number
of days of storage capacity? [40 CFR 412.37(b)(5)] [7 DE Admin. Code 7201-
9.5.6.4.3.1.1.5]
N/A
17. The date, time, and estimated volume of any overflow? [40 CFR 412.37(b)(6)] [7 DE
Admin. Code 7201-9.5.6.4.3.1.1.4]
Facility personnel stated that no overflows have occurred since Mr. Moore assumed ownership of the facility.
Yes
18. Manure and process wastewater transfers, including the most current nutrient analysis
of the manure or wastewater that was provided to the recipient, the date and
approximate amount transferred, and the name and address of the recipient? [40 CFR
122.42(e)(3)] [DE GP1 Part I.D.2.c.iv] [7 DE Admin. Code 7201-9.5.6.4.3.1.3.1]
The inspection team observed manure transfer records retained onsite back to 2014, with the most recent transfer occurring on 1/30/2023. According to facility representatives, manure analysis is not provided during manure transfers.
Yes
a. Name of recipient and contact information
Yes
b. Address of recipient
According to the facility operator, the address was kept separately on site and was not observed during the inspection.
Yes
c. Date of transfer
Yes
d. Approximate amount transferred (tons/gallons)
No
e. A copy of the most recent manure, litter and process wastewater nutrient analysis
shall be given to the receiver on or before the date of transfer. [DE GP1 Part I.D.2.c.iv]
The facility representative stated that he does not provide the manure recipients with a copy of the most recent manure analysis.
Yes
f. Does the facility maintain these manure transfer records for 6 years?
Additional Production Area Records for Large Dairy Cow, Cattle, Swine, Poultry, and Veal Calf CAFOs
No
19. Documentation of daily and weekly visual inspections of the production area, including:
No
a. Weekly inspection of stormwater diversions, runoff diversion structures, and devices
channeling contaminated storm water to the wastewater and manure storage
containment structure? [40 CFR 412.37(b)(1)] [7 DE Admin. Code 7201-
9.5.6.4.3.1.1.3.2]
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REM Farms, LLC (DEA116020)
No
b. Daily inspection of water lines? [40 CFR 412.37(b)(1)] [7 DE Admin. Code 7201-
9.5.6.4.3.1.1.3.3]
N/A
c. Weekly inspection of impoundments and tanks? [40 CFR 412.37(b)(1)] [7 DE Admin.
Code 7201-9.5.6.4.3.1.1.3.4]
Monitoring, Documentation and Recordkeeping (continued)
N/A
20. Weekly records of the depth of manure and process wastewater in liquid impoundments
and terminal tanks? [40 CFR 412.37(b)(2)] [7 DE Admin. Code 7201-9.5.6.4.3.1.1.3.4]
(Permit requires records of "amount stored" [DE GP1 Part I.D.2.b].)
N/A
a. Does the facility maintain these records for 6 years?
The facility does not operate the stormwater basin as a wastewater impoundment.
No
21. Documentation of actions taken to correct deficiencies found as a result of production
area inspections? [40 CFR 412.37(b)(3)] [7 DE Admin. Code 7201-9.5.6.4.3.1.1.3.1]
Unknown
a. Were deficiencies corrected within 30 days?
N/A Yes
b. If not, does the file contain an explanation of factors preventing immediate correction? [40 CFR 412.37(b)(3)]
22. Documentation of mortalities management? [40 CFR 412.37(b)(4)] [7 DE Admin. Code 7201- 9.5.6.4.3.1.1.1] [DE GP1 Part I.D.2.a]
Yes
a. Does the facility maintain these records for 6 years?
Land Application Area Records for Large Dairy Cow, Cattle, Swine, Poultry, and Veal Calf CAFOs
N/A
23. Expected crop yields? [40 CFR 412.37(c)(1)]
N/A
24. Date(s) manure or process wastewater is applied to each land application site? [40 CFR
412.37(c)(2)]
N/A
25. Weather conditions at the time of, and for 24 hours prior to and following, land
application? [40 CFR 412.37(c)(3)] [7 DE Admin. Code 7201-9.5.6.4.3.1.2.3]
No
26. Test methods used to sample and analyze manure, process wastewater, and soil? [40
CFR 412.37(c)(4)]
The manure analysis results that were reviewed onsite did not include the test methods that were used. Process wastewater and soil sampling and analysis is not applicable to this facility since there is no land application of waste.
Yes
27. Results from manure, process wastewater, and soil analyses? [40 CFR 412.37(c)(5)] [7
DE Admin. Code 7201-9.5.6.4.3.1.2.1] [DE GP1 Part I.D.3] (maintained onsite and
also provided to DDA as an attachment to the annual report)
Yes
28.a. If sampling and/or monitoring is performed, samples and measurements are
representative of the monitored activity? [DE GP1 Part I.D.4]
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REM Farms, LLC (DEA116020)
No
b. Sampling and monitoring records shall include the date, place, and time of sampling
or measurements, and the individuals who performed the sampling or
measurements. The facility responsible for analysis of the sample shall document
the date of the analysis, the individual who performed the analysis, the analytical
techniques/methods used, and the results of such analysis in accordance with 7
Del. Admin. C. 7201-6.41.2.
The manure analysis results onsite did not appear to include time of sampling, the individuals who performed the sampling, the analytical methods, nor the person who performed the analysis.
Monitoring, Documentation and Recordkeeping (continued)
N/A
29. Manure and process wastewater application rates determined in accordance with the
technical standards? [40 CFR 412.37(c)(6)] [7 DE Admin. Code 7201-9.5.6.4.3.1.2.1]
N/A
30. Calculations showing the total N and P to be applied to each land application site,
including sources other than manure or process wastewater? [40 CFR 412.37(c)(7)] [7
DE Admin. Code 7201-9.5.6.4.3.1.2.1]
N/A
31. Total amount of N and P actually applied to each land application site, including
calculations? [40 CFR 412.37(c)(8)] [7 DE Admin. Code 7201-9.5.6.4.3.1.2.2]
N/A
32. Method used to apply manure and process wastewater? [40 CFR 412.37(c)(9)] [7 DE
Admin. Code 7201-9.5.6.4.3.1.2.3]
N/A
33. Date(s) of manure application equipment inspections for leaks? [40 CFR 412.37(c)(10)]
[7 DE Admin. Code 7201-9.5.6.4.3.1.2.5]
No
34. Has the facility notified DDA/DNREC of any actual or planned physical alterations or
additions to the facility: [DE GP1 Part II.A.3]
New poultry houses are to be constructed at the permitted facility;
The alteration or addition meets criteria of a "New Source" in accordance with
7 Del. Admin. C. 9.5. 7.0 of the CAFO Regulations;
The alteration or addition changes the location of discharge points, if any.
If yes, describe: Facility representatives stated there were no recent physical
alterations to the facility and there were no planned changes. In the AWMP,
updated 5/22/2016, the manure and mortality composting area is described as a
single, temporary manure storage facility that was also used to compost
mortalities. The 2016 AWMP identifies constructing two new manure barns and a
single new composter for mortality composting as additional structures that are
necessary for current operations. At the time of the inspection, manure was
stored in two buildings that match the descriptions of additional structures
needed that were described in the 2016 NMP, and a separate composter on the
side of the north facility used for composting. This suggests that the manure
storage and mortality composting buildings on site were constructed after the
2016 NMP was developed.
No
35. Has the facility reported any noncompliance? [DE GP1 Part I.F]
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REM Farms, LLC (DEA116020)
If yes, describe: N/A. According to the facility operator, the facility has not reported any incidents of non-compliance.
Monitoring, Documentation and Recordkeeping (continued)
Yes
36. Has the facility retained a copy of the annual report and supporting documents
onsite? [DE GP1 Part I.D.5]
Additional Monitoring, Documentation and Recordkeeping comments:
The facility did not have copies of the following documents available for review at the time of the inspection:
Current NOI (the NOI from 2013 was available) Weekly Stormwater Controls Inspection Records Daily Water Line Inspection Records
DDA was able to provide a copy of both the AWMP and the most recent NOI (from 2018) for review during the inspection. DDA was also able to provide a copy of the AWMP dated 5/22/2016 for review. Facility representatives stated that stormwater controls and water lines were being inspected weekly and daily respectively, but the inspections were not being formally documented.
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REM Farms, LLC (DEA116020)
Land Application Sites
No
37. Does the facility apply manure or wastewater to land owned by or under the
operational control of the CAFO?
Number of land application sites: N/A Irrigation type(s): N/A Furrow/flood irrigation sites - what is fate of applied wastewater and tailwater?:
N/A
N/A
38. Was manure/wastewater applied in accordance with the procedures and protocols
identified in the NMP? (spot check records for one for one field to complete the
information below.) If no, describe:?
N/A
Production Area
39. List impoundments (attach additional sheet(s), if needed)
Impoundment ID
Wastewater Type
Wastewater Source(s)
Pumping level2
Wastewater below pumping
level?
process
N/A
generated
N/A
N/A
N/A
runoff
Max. recorded
level
N/A
Date of max. recorded level
N/A
40. Impoundment(s) collect all runoff from:
N/A
Animal confinement areas? 3
No
Manure storage areas?4
Poultry manure is stored in two manure storage buildings located on the east side of the
production area. During the site walk, the inspection team observed residual manure on the
concrete pad between the two manure storage buildings (Photographs 10 and 11). Runoff
from this area could potentially flow to the stormwater basin on the south side of the facility.
N/A
Raw material storage areas?5
N/A
Waste containment areas?6
N/A
Egg washing or egg processing facility?
2 The pumping level represents the minimum capacity necessary to contain runoff and direct precipitation from the 25-year, 24-hour rainfall event (40 CFR 40 CFR 412.37(a)(2)). [7 DE Admin. Code 7201-9.5.6.4.3.1.1.3.4.1] 3 Animal confinement area includes but is not limited to open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables (40 CFR 40 CFR 122.23(b)(8)). 4 Manure storage area includes but is not limited to lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles (40 CFR 40 CFR 122.23(b)(8)). 5 Raw materials storage area includes but is not limited to feed silos, silage bunkers, and bedding materials (40 CFR 40 CFR 122.23(b)(8)). 6 The waste containment area includes but is not limited to settling basins, and areas within berms and diversions which separate uncontaminated storm water (40 CFR 40 CFR 122.23(b)(8)).
Page 12 of 15
REM Farms, LLC (DEA116020)
Production Area (continued)
N/A
Mortality storage, handling, treatment or disposal area?
Mortalities are composted in the composter on the east side of the southern manure storage building.
N/A
Other? (describe): N/A
If no, describe non-retained areas:
The facility generates solid manure and litter which is stored in the two manure storage buildings. Stormwater runoff from the areas around the poultry houses, the manure storage building, and the mortality composting unit is captured in the stormwater basin located at the south side of the production area. The inspection team observed a layer of algae and/or duckweed present on the stormwater basin during the inspection (Photographs 24 and 25) (see the additional comments on the production area below). As discussed above, the facility does not operate the stormwater basin as a wastewater impoundment.
No
41. Was manure or wastewater observed in a waterway? If yes, describe: N/A
No
42. Adequate storage available for manure, litter, and process wastewater, and procedures are
in place to ensure proper operation and maintenance of the storage facilities? [40 CFR
122.42(e)(1)(i)]
The manure storage buildings appeared to have adequate storage capacity for manure and litter at the time of the inspection. However, the inspection team observed residual manure observed on the concrete pad located on the north side of the south manure storage building (Photographs 10 and 11).
Yes
43. Confined animals do not have direct contact with waters of the United States? [40 CFR
122.42(e)(1)(iv)]
Confined animals do not have direct contact with waters of the United States.
No
44. Clean water is diverted from the production area? [40 CFR 122.42(e)(1)(iii)]
Roof runoff from the poultry houses is directed into the drainage channels into the stormwater basin located on the south side of the facility. In the stormwater basin, clean water from roof runoff could commingle with process wastewater generated from runoff that has contacted manure (i.e., runoff from the manure storage building concrete pads). The topography of the site prevents clean water from running onto the production area from offsite.
Yes
45. Chemicals and other contaminants handled on-site are not disposed of in any manure,
litter, process wastewater, or storm water storage or treatment system? [40 CFR
122.42(e)(1)(v)] [DE GP1 Part II.A.6]
The inspection team did not observe evidence of chemicals or other contaminants being disposed of in the manure, litter, or stormwater basin.
Page 13 of 15
REM Farms, LLC (DEA116020)
Production Area (continued)
No
46. Manure residue and litter residue is adequately cleaned up on a reasonable and necessary
basis? [DE GP1 Part II.A.4]
The inspection team observed residual manure on the concrete pad located on the north end of the southern manure storage facility (Photographs 10 and 11).
Yes
47. Manure residue and litter residue is adequately cleaned up from the exterior area(s) of the
poultry house(s) as soon as practically possible after bird movement not to exceed 14
days? [DE GP1 Part II.A.5]
No
48. All BMPs installed or used by the facility for water pollution control to achieve compliance
with the terms and conditions of the permit are maintained in good working order and
operate as efficiently as possible at all times? [DE GP1 Part II.A.6]
a. Identify water pollution control BMPs
Good Housekeeping
b. Describe maintenance activities
The AWMP does not require this BMP, but includes it as an additional production area conservation practice (which is not required). The inspection team observed that areas around the poultry houses and mortality composting areas were generally clean. However, the inspection team observed residual manure on the concrete pad located on the north end of the southern manure storage facility (Photographs 10 and 11).
Additional Production Area Requirements for Large Dairy Cow, Cattle, Swine, Poultry, and Veal Calf CAFOs (Subparts C and D)
N/A 49. All open surface impoundments and terminal storage tanks have depth markers which clearly indicate the minimum capacity necessary to contain the runoff and direct precipitation of the 25-year, 24-hour rainfall event? [40 CFR 412.37(a)(2)] [7 DE Admin. Code 7201-9.5.6.4.3.1.1.3.4.1]
The facility does not have any liquid wastewater impoundments.
Yes
50. Mortalities remain in the production area until disposal, are not disposed in liquid manure
or process wastewater treatment systems, and are handled to prevent discharge of
pollutants to surface waters? [40 CFR 412.37(a)(4)] [DE GP1 Part II.A.6]
Mortalities are composted in the mortalities composting shed (Photograph 10).
N/A 51. If manure is stockpiled in the production area for more than 14 days, is it under cover in an approved Manure Storage Structure? (stockpiling must be conducted and positioned in accordance with State Technical Standards)? [DE GP1 Part I.G.35]
According to the facility operator, the facility does not stockpile manure.
Page 14 of 15
REM Farms, LLC (DEA116020) Additional Production Area Comments: The inspection team made the following observations regarding the stormwater basin:
Residual manure on the concrete pad located on the north end of the south manure storage building (Photographs 10 and 11).
Discoloration in standing water located in the stormwater drainage west of the manure storage building (Photograph 16).
A layer of algae growth and/or duckweed was observed on the surface of the stormwater basin (Photographs 24 and 25).
Page 15 of 15
REM Farms, LLC (DEA116020) Attachment A - Site Map
REM Farms, LLC (DEA116020)
Attachment A - Site Map
REM Farms, LLC
REM Farms, LLC (DEA116020) Attachment B - Photograph Log
REM Farms, LLC (DEA116020)
Photograph 1. Overview of the facility, view from the northeastern corner, near the facility entrance.
Photograph 2. View of the northern wall of Poultry House 8 from the east. The solar panels (red arrow) run along the northern edge of the facility and have a drainage ditch underneath them.
Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 3. Drainage ditch underneath solar panels along the northern edge of the facility.
Photograph 4. View of the northern wall of the Poultry House 8 from the west. The solar panels (red arrow) run along the northern edge of the facility and have a drainage ditch underneath them. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 5. View of the western edge of the facility, taken from the north.
Photograph 6. View of the area between Poultry Houses 7 and 8. A drainage and a culvert (red arrow) convey runoff from the roof and the areas surrounding the houses to the western edge
of the facility. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 7. Close-up view of the drainage between Poultry Houses 7 and 8. Standing water (red circle) was observed in the drainage.
Photograph 8. View of the southern wall of Poultry House 7. A drainage and a culvert (red arrow) convey runoff from the roof and the areas surrounding the house to the western edge
of the facility. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 9. View, looking west, of the area between the southern wall of Poultry House 7 and the northern walls of Poultry Houses 1-6.
Residual Manure Photograph 10. View of the southern manure storage building and the concrete pad at the northern end of the building. Residual manure was observed on the concrete pad (red arrows).
Mortality composting is performed in the composter located on the eastern edge of the building (yellow arrow). Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 11. Close-up view of the residual manure (red circles) on concrete pad on north end of the southern manure storage building.
Photograph 12. View of the northern manure storage building and the concrete pad on the southern end of the building. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 13. View of hay and litter stored in the southern manure storage building.
Photograph 14. Downgradient view of the stormwater drainage on the west side of the southern manure storage facility that conveys flows from the manure storage buildings to the
stormwater basin. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 15. Upgradient view of the stormwater drainage located west of the southern manure storage facility that conveys flows from the manure storage facilities to the stormwater
basin.
Photograph 16. Alternative view of the stormwater drainage and standing water shown in Photograph 15. The inspection team observed discoloration in the standing water. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 17. Upgradient view of the stormwater drainage shown in Photographs 14-16. The southern manure storage facility is visible in the background. The stormwater drainage conveys
flows from the manure storage facilities to the stormwater basin.
Photograph 18. Continuation of the drainage that originates west of the manure storage buildings along the eastern edge of the facility. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 19. View, looking west, of the area south of Poultry Houses 1 through 6. The red arrow shows the location of the stormwater retention pond on the south side of the facility.
Photograph 20. Eastern edge of the stormwater basin and surrounding vegetation. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Algae growth/ duckweed on water surface Photograph 21. View of the stormwater basin on the south side of the facility. The surface of the water is covered by a layer of algae and/or duckweed.
Algae growth/ duckweed on water surface Photograph 22. Second view of the stormwater basin on the south side of the facility. The surface of the water is covered by a layer of algae and/or duckweed.
Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 23. View of the area between Poultry Houses 1 through 2 from the south. Stormwater runoff flows south through the drainage to a culvert (red arrow) that conveys it to
the stormwater basin.
Photograph 24. Close up view of the culvert in the drainage between Poultry Houses 1 and 2. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 25. View, looking north, of the area between Poultry Houses 3 and 4. Stormwater runoff flows south through the drainage to a culvert (red arrow) that conveys it to the stormwater basin.
Photograph 26. View of the area between Houses 3 and 4 from the south. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 27. View, looking north, of the area between Poultry Houses 4 and 5. Stormwater runoff flows south through the drainage to a culvert (red arrow) that conveys it to the stormwater basin.
Photograph 28. View, looking north, of the area between Poultry Houses 5 and 6. Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 29. View, looking east, of the area south of Poultry Houses 1 through 6. The red arrow shows the location of the stormwater basin on the south side of the facility.
Photograph 30. View of the drainage culvert (indicated by the red arrow) between Poultry Houses 3 and 4. Stormwater runoff flows south through the culvert to the stormwater basin.
Attachment B - Photograph Log REM Farms, LLC
REM Farms, LLC (DEA116020)
Photograph 31. View of fuel tanks between Poultry Houses 3 and 4.
Attachment B - Photograph Log REM Farms, LLC