Document 99gXg9xLxyB5vj96zXyxgqer6

Report Title: Inspection Date(s): Regulatory Program(s): Type of Activity: Facility Name: Facility Address: Facility Lat/Long: County/Parish: General Permit No. Site Permit No: NAICS Code: SIC: Unique Project #: Clean Water Act Compliance Inspection Report July 2, 2024 National Pollutant Discharge Elimination System (NPDES) CAFO Inspection L&J Farm 4795 Milford Harrington Highway, Harrington, Delaware 19952 38.927579/-75.523211 Kent County DE5000N/11 DEA170041 112320 0251 ECAD-5508 Facility Representative(s): Linda Brown, Owner Email: LJFarms@comcast.net Point of Contact Inspectors: Peter Gold, EPA Email: gold.peter@epa.gov Michael Greenwald, EPA Email: greenwald.michael@epa.gov Report Preparer Signature/Date Supervisor Signature/Date PETER GOLD Digitally signed by PETER GOLD Date: 2024.08.06 15:39:08 -04'00' Peter Gold, Inspector NPDES Enforcement Section 1 (3ED32) MARK ZOLANDZ Digitally signed by MARK ZOLANDZ Date: 2024.08.09 13:20:43 -04'00' Mark Zolandz, Section Chief NPDES Enforcement Section 1 (3ED32) Date Date L&J Farm Inspection July 2, 2024 Table of Contents Section Page I General Information................................................................................................ 3 II Inspection Overview and Facility Description................................................. 4 III Observations.................................................................................................. 6 IV Inspection Checklist........................................................................................ 7 Unique Project #: ECAD-5508 Page 2 of 16 I. GENERAL INFORMATION L&J Farm Inspection July 2, 2024 Facility ID #: DEA170041 _______________________ Facility Name: _L&J Farm Facility Owner: Linda Brown________ Facility Operator: Linda Brown _____________ Mailing Address: 4795 Milford Harrington Highway, Harrington, DE 19952 ______ Physical Address: Same As Above________________ County: _Kent _______________________________ Contact Person: Linda Brown__________________ Phone (office): _______________ (fax): _____________ (cell): 302-331-1888 __________________________ E-mail: _LJFarms@comcast.net__________________ Persons Present During Inspection: Chris Brosch (DDA), Aaron Givens (DDA), Alexis Capes (DNREC), Brooke Walls (DDA), Mike Greenwald (EPA), Peter Gold (EPA), Linda Brown (Farmer) and John Brown (Farmer)_____________ Inspector: Peter Gold and Michael Greenwald_ Inspection Date: _7/2/2024____________ Time in: _1:00 p.m._________ Time out: __2:30 p.m.________ Weather: Sunny , 90 degrees__ GPS Reading (at gate) North: ___________________ West: ___________________ Does the facility owner/operator own and/or operate any other animal feeding operations? No If yes provide name(s) and address(es) and indicate whether the facility is an AFO or a CAFO: __________________________________ __________________________________ __________________________________ Max. Animals Confined per Month: _150,000 ______ Max. Capacity of Facility: _160,000_(NMP)_____________________ Location and name of nearest surface water and description of flow path: Mispillion River_________ _________________________________ Number of animals today (all animals in production area): # confined Cattle N/A Sheep Dairy mature N/A Dairy heifers Swine (55#) N/A Swine (<55#) Turkeys N/A Laying hens Other chickens 160,000 Other (specify) X Presented credentials? (check if yes) X Inspection photos attached? (check if yes) Attachments: Attachment A - Photograph Log # confined N/A N/A N/A N/A N/A Attachment A: Photograph Log Unique Project #: ECAD-5508 Page 3 of 16 L&J Farm Inspection July 2, 2024 II. INSPECTION OVERVIEW AND FACILITY DESCRIPTION L&J Farms is a poultry operation in Harrington, Delaware. The farm has six poultry houses with each house having a small pasture area adjacent to it for the birds to go outside. Poultry houses 1 and 2 are 40' x 400' and poultry houses 3 and 4 are 50' x 500'. Poultry houses 5 and 6 were added in 2018 and are 63' x 500'. The integrator is Perdue Farms, and the farm has been operating as an organic operation since 2014. Birds in each house have access to pasture to conform to organic requirements and the pasture is required to maintain a minimum vegetative cover of 50%. At the time of the inspection the farm was operating near capacity which is 160,000 birds. The flocks have a residence time of approximately 49 days (7 weeks) and the farm typically has 5 flocks annually. Litter in the poultry houses is windrowed between flocks and requires approximately 2 weeks for completion. The farm's annual reports for 2021 through 2023 each show litter being exported from the farm. In addition to the 6 poultry houses, the facility has three litter sheds, an Ecodrum composter, and an inactive bin composter. At the time of the inspection the farm was using two of its litter sheds and the Ecodrum composter. The inspection team walked the farm site and tax ditches, reviewed farm documentation and interviewed the farm operator regarding their farm practices. During the farm walk through, litter was not seen on the poultry house pads nor leaving the composter or litter shed. The litter sheds are documented in Photographs 5 through 7 of Attachment A. The Ecodrum and covered compost area did not appear to have any materials leaking materials or spills nearby (Refer to Attachment A, Photographs 8 and 9). The poultry house pads were also observed (Refer to Attachment A, Photographs 1 through 4). There were two stormwater ponds and a sediment basin on site at the time of the inspection. The ponds are receiving stormwater from the swales that run between the poultry houses. The ponds are not identified in the Nutrient Management Plant (NMP), but they are being inspected and maintained by the farm. The NMP contained most of the required information or referenced where additional information could be found. The farm maintains manure export records, self-inspection records and litter analysis records on site. Inspection attendees are listed in Table 1 below: Table 1: Inspection Attendee List Name Affiliation Telephone Email EPA Region 3 Peter Gold Michael Greenwald Chris Brosch Aaron Givens Brooke Walls Alexis Capes EPA Region 3 (215) 814-5236 EPA Region 3 (215) 814-2398 State or County Representatives DDA (302) 698-4555 DDA - DDA - DNREC (302) 739-9946 Gold.Peter@epa.gov Greenwald.Michael@epa.gov Chris.Brosch@delaware.gov Aaron.Givens@delaware.gov Alexis.Capes@delaware.gov Unique Project #: ECAD-5508 Page 4 of 16 L&J Farm Inspection July 2, 2024 Linda Brown John Brown Farm Representatives L&J Farm (302) 331-1888 L&J Farm (302) 331-1888 LJFarms@comcast.net LJFarms@comcast.net During the inspection, weather was sunny. National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and five days prior are provided in Table 2 below: Station Name Table 2. Precipitation Data Date Harrington 2.1 ENE, DE US US1DEKN0016 Harrington 2.1 ENE, DE US US1DEKN0016 Harrington 2.1 ENE, DE US US1DEKN0016 Harrington 2.1 ENE, DE US US1DEKN0016 Harrington 2.1 ENE, DE US US1DEKN0016 Harrington 2.1 ENE, DE US US1DEKN0016 06/27/2024 06/28/2024 06/29/2024 06/30/2024 07/01/2024 07/02/2024 Precipitation Amount (inches)1 0.26 0.00 0.00 0.35 0.07 0.00 1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Unique Project #: ECAD-5508 Page 5 of 16 L&J Farm Inspection July 2, 2024 III. OBSERVATIONS The following inspection observations have been made relative to the requirements of the NPDES Concentrated Animal Feeding Operation (CAFO) General Permit for Large, Medium, & Designated Poultry CAFOs - Manure Generation Facilities Only (Permit No. DE5000N/11) 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. Permit No. DE5000N/11 became effective on April 1, 2016. Maintaining an Accurate Nutrient Management Plan (NMP) Part II.A.2 of the permit requires the permittee to "...implement and fully comply with the AWMP/NMP as described in 7 Delaware administrative Code...." 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 BMPs installed or used by the permittee for water 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 aor NMP." Observation #1: There were two stormwater ponds and a sediment basin on site at the time of the inspection. The ponds are receiving stormwater from the swales that run between the poultry houses. The ponds are not identified in the NMP, but they are being inspected and maintained by the farm. Unique Project #: ECAD-5508 Page 6 of 16 L&J Farm Inspection July 2, 2024 IV. INSPECTION CHECKLIST The inspection checklist below was completed during the inspection and included for reference purposes. 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] Yes 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: _05/28/2024 __________________________ Approved by: ______________________________________________________ Approval date: ___05/28/2024__________________________________________________ Date submitted to DNREC: ___________________________________________ Yes 2. Ensure adequate storage of manure and process wastewater, including operation and maintenance procedures. [40 CFR 122.42(e)(1)(i)] Page 7 of the NMP identifies the storage capacity of the three litter sheds. Yes 3. Ensure proper management of animal mortalities. [40 CFR 122.42(e)(1)(ii)] The NMP identifies the Ecodrum for mortality composting. Yes 4. Ensure that clean water is diverted, as appropriate, from the production area. [40 CFR 122.42(e)(1)(iii)] The poultry houses, litter sheds and eco-drum are all covered and prevent stormwater from access to areas where litter/manure is stored, mortalities are composted, or birds are confined. Gutters on these structures guide stormwater to vegetated areas adjacent to the structures, where it would infiltrate or flow to stormwater basins. Pads in the front and rear of the house are part of the production area and need to be managed as such. Yes 5. Prevent direct contact of confined animals with surface waters. [40 CFR 122.42(e)(1)(iv)] Animals are housed within poultry houses. There is fenced pasture between the poultry houses that the birds can access. Birds do not have access to surface waters. Yes 6. Ensure proper disposal of chemicals and other contaminants. [40 CFR 122.42(e)(1)(v)] Page 11 of the NMP states "Chemicals and other contaminants handled on-site are not to be disposed of in any manure, litter, or storm water storage or treatment system unless specifically designed to treat such chemicals and contaminants." Yes/No 7. Identify site-specific conservation practices to control runoff of pollutants. [40 CFR 122.42(e)(1)(vi)] Pages 5 and 6 of the NMP identifies the vegetative buffers and good housekeeping practices. The NMP identifies the maintenance of vegetative buffers and Heavy Use Area Protection (HUAPs), the farm has two stormwater ponds and a Unique Project #: ECAD-5508 Page 7 of 16 L&J Farm Inspection July 2, 2024 sediment basin which are not mentioned which would control pollutant runoff but are not in the NMP. Yes 8. Identify protocols for manure, process wastewater, and soil sampling and testing. [40 CFR 122.42(e)(1)(vii)] Pages 9 and 12 of the NMP state "Nutrient values of manure and organic amendments shall be collected and analyzed at least once annually, Samples should be taken in accordance with recommendations of the University of Delaware." 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)]. The facility exports all its manure. Yes 10. Identify specific records that will be maintained to document the implementation and management of the minimum NMP elements (#2-#9 above). This is discussed on page 13 of the NMP. 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)] Nutrient Management Plan (NMP) (continued) Where applicable, identify each field and setback type: Field ID Setback Type Nutrient Management Plan (NMP) comments: The facility is an export only/no land application operation. All litter from the facility is being exported. Animals are kept within poultry houses and pastures adjacent to the poultry houses. ______________________________________________________________________________________ ______________________________________________________________________________________ Unique Project #: ECAD-5508 Page 8 of 16 L&J Farm Inspection July 2, 2024 Monitoring, Documentation and Recordkeeping Does the facility maintain the following records? [7 DE Admin. Code 7201-9.5.6.4.3] Yes 15. The completed permit application? [40 CFR 412.37(b)] 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] The NMP identifies the dimensions and capacity of the litter shed. 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] 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 2024 NMP identifies the recipient for litter exports. It identifies the recipient's name, address, and watershed. The 2021, 2022 and 2023 Annual Reports all document litter going to that operation and provide the date of transfer and tonnage of litter. L&J Farm had copies of their litter analysis and provided that to the recipient. Yes/Partial Yes Yes Yes Yes Yes a. Name of recipient and contact information (Contact Phone Number and/or email not provided but the address was included for contact.) b. Address of recipient (NMP) c. Date of transfer (Annual Report) d. Approximate amount transferred (tons/gallons) (Annual Report) 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] 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 Yes 19. Documentation of daily and weekly visual inspections of the production area, including: Yes 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] Yes 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] There are no impoundments or tanks for manure storage. There are stormwater ponds and a sediment basin on site. Unique Project #: ECAD-5508 Page 9 of 16 L&J Farm Inspection July 2, 2024 No 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? Yes 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] Yes a. Were deficiencies corrected within 30 days? N/A b. If not, does the file contain an explanation of factors preventing immediate correction? [40 CFR 412.37(b)(3)] Monitoring, Documentation and Recordkeeping (continued) Yes 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)] 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] Litter analysis was maintained onsite and also provided to DDA as an attachment to the annual report Yes 28. If sampling and/or monitoring is performed, samples and measurements are representative of the monitored activity? [DE GP1 Part I.D.4] Yes a. 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 request for analysis submitted to Delaware Department of Agriculture documents the date and location of the sample collection and the person who collected them. This document was not requested as part of the inspection. The facility maintained the results of the analysis, and these were provided to the inspection team. Unique Project #: ECAD-5508 Page 10 of 16 L&J Farm Inspection July 2, 2024 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] Monitoring, Documentation and Recordkeeping (continued) 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] 34. Describe the records that are maintained to document implementation of the following nutrient management planning elements [40 CFR 122.23(e)]: a. Identify site-specific conservation practices to control runoff of pollutants. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ b. Identify protocols for manure, process wastewater, and soil sampling and testing. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ c. 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. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ N/A 35. 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; Unique Project #: ECAD-5508 Page 11 of 16 L&J Farm Inspection July 2, 2024 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: ___________________________________________________________ ___________________________________________________________________ N/A 36. Has the facility reported any noncompliance? [DE GP1 Part I.F] If yes, describe: ___________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Yes 37. Has the facility retained a copy of the annual report and supporting documents onsite? [DE GP1 Part I.D.5] Monitoring, Documentation and Recordkeeping comments: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Unique Project #: ECAD-5508 Page 12 of 16 L&J Farm Inspection July 2, 2024 Land Application Sites N/A 38. Does the facility apply manure or wastewater to land owned by or under the operational control of the CAFO? Number of land application sites: ______ Irrigation type(s): ____________________________________________________ Furrow/flood irrigation sites - what is fate of applied wastewater and tailwater?: _____________________________________________________________ N/A 39. 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:? _________________________________________________________________________ _________________________________________________________________________ Field ID: Acreage: P Index: Calculations based on: N or P Calculated* Rates of application: Liquid Slurry Gal. or Tons (specify) Lbs. N or P Solid Total Lbs. N or P that may be applied and that were applied: *If rates are calculated for more than one form, are the rates exclusive (e.g., slurry or solid)? Applied Gal. or Tons (specify) Lbs. N or P additive (e.g. slurry and solid) or ***Copy record(s) including rate calculations, land application records and any other relevant documentation.*** Unique Project #: ECAD-5508 Page 13 of 16 L&J Farm Inspection July 2, 2024 Production Area 40. List impoundments (attach additional sheet(s), if needed) Impoundment Wastewater ID Type Wastewater Source(s) Pumping level2 N/A process generated runoff process generated runoff 41. Impoundment(s) collect all runoff from: N/A Animal confinement areas? 3 N/A Manure storage areas?4 N/A Raw material storage areas?5 N/A Waste containment areas?6 N/A Egg washing or egg processing facility? Wastewater below pumping level? Y or N Y or N Max. recorded level Date of max. recorded level Production Area (continued) Yes Mortality storage, handling, treatment or disposal area? Ecodrum N/A Other? (describe): _________________________________________________________ If no, describe non-retained areas: ____________________________________________________________________ ____________________________________________________________________ No 42. Was manure or wastewater observed in a waterway? If yes, describe: _____________________________________________________________________ _____________________________________________________________________ 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)). Unique Project #: ECAD-5508 Page 14 of 16 L&J Farm Inspection July 2, 2024 Yes 43. 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)] ____________________________________________________________________ ____________________________________________________________________ Yes 44. Confined animals do not have direct contact with waters of the United States? [40 CFR 122.42(e)(1)(iv)] ____________________________________________________________________ ____________________________________________________________________ Yes 45. Clean water is diverted from the production area? [40 CFR 122.42(e)(1)(iii)] The "production area" definition in the permit includes the "animal confinement area". "manure storage area", "raw material storage area" and "waste confinement area". The poultry houses, litter sheds and eco-drum are all covered and prevent stormwater from access to areas where litter/manure is stored, mortalities are composted, or birds are confined. Gutters on these structures guide stormwater to vegetated areas adjacent to the structures, where it would infiltrate or flow to stormwater basins. Pads in the front and rear of the house are part of the production area and need to be managed as such. Yes 46. 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] ____________________________________________________________________ ____________________________________________________________________ Yes 47. Manure residue and litter residue is adequately cleaned up on a reasonable and necessary basis? [DE GP1 Part II.A.4] Yes 48. 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] Yes 49. 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] Difficult to determine due to the amount of vegetative growth around the basins. a. Identify water pollution control BMPs Stormwater Ponds and connected sediment basin. b. Describe maintenance activities The area around the ponds and basins are mowed and they are visually inspected. Unique Project #: ECAD-5508 Page 15 of 16 L&J Farm Inspection July 2, 2024 Production Area (continued) Additional Production Area Requirements for Large Dairy Cow, Cattle, Swine, Poultry, and Veal Calf CAFOs (Subparts C and D) N/A 50. 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] There was a stormwater impoundment at the rear of the site that was receiving flows from the swales located around the sites. _______________________________________________________________ Yes 51. 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] _____________________________________________________________ _____________________________________________________________ N/A 52. 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] Unique Project #: ECAD-5508 Page 16 of 16