Document aJvdLGKqk2OG2GLqgz0RpBggR

Five States Livestock Auction Inspection Date 07/31/2025 Section I - INTRODUCTION PURPOSE OF THE INSPECTION EPA Region 6 inspector Lucas Bomar arrived at Five States Livestock Auction, referred to as the "Site" or "Facility," located at Clayton, NM 88415 at 9:55 a.m. on 07/31/2025, for an announced inspection. Inspector was joined by Dr. Nafis Fuad and Mr. Luke Zhong from NMED, as this was a joint inspection for training purposes with EPA as the lead agency. Inspectors met with (Part Owner) and (Secretary) at the Opening Conference. Inspectors presented their credentials and informed them that this was a joint EPA/NMED inspection to assess the facility's compliance status with Concentrated Animal Feeding Operation (CAFO) regulations, as authorized by Clean Water Act (CWA) Section 308. The scope of the inspection included a compliance evaluation of the facility's site operations. Vehicles were parked in the parking lot outside the facility office, and the inspection was conducted on foot. All inspectors wore boot covers for biosecurity. FACILITY DESCRIPTION Five States Livestock Auction reported having sold an estimated 16,887 beef cattle and 592 Sheep/Goats in 2024. Auctions are held every Wednesday, except on holidays, with animals kept on site for approximately 72 hours per sale. The animals are housed in open lot pens. The facility borders Lake Hwy/NM-370 on the east perimeter and train tracks on the west perimeter (Appendix 1, Photos 2, 3, & 10; Appendix 2, Photo 1). The raised structures and the facility's grading would channel runoff to the south. During the opening conference, indicated runoff leaves the property and flows into a ponding area located on the south perimeter of the facility (Appendix 1, Photo 5). He specifically pointed out where the drainage channel flows into this ponding area, which is near the south entrance to the facility off Lake Hwy/NM-370 (Appendix 2, Photo 1). Pens are cleaned by scraping with a Bobcat, as needed. Lot scrapings are stockpiled before being distributed and hauled off-site by third-party farmers (Appendix 1, Photo 6). Mortalities are removed and buried by third-party feedlot as necessary. The facility uses hay as a feed commodity (Appendix 1, Photo 1). Section II - OBSERVATIONS The open lot pens were clean, with no visible manure piles inside. A manure stockpile was observed outside the pens on the southwest perimeter of the facility (Appendix 1, Photo 6), located within the drainage area leading to the ponding area. No signs of runoff were detected leaving the facility after inspecting the perimeter of the pens. (Appendix 1, Photos 2, 3, 9, 10, & 11). During the site tour, inspectors noted the elevation difference between the train tracks and Lake Hwy/NM-370 (Appendix 1, Photos 2, 3, & 10). This elevation difference, along with the grading of the lot, confirmed that runoff will be channeled to the south end of the facility. The drainage channel on the southeastern corner was also visible and confirmed by as he drove by (Appendix 1, Photos 4 & 5). Inspectors followed the drainage channel to the ponding area and eventual runoff outfall (Appendix 1, Photos 4, 7, & 8). The ponding area had berms along the perimeter and contained tall vegetation (Appendix 1, Photo 8). The ponding area seems to be utilized as a retention control structure (RCS) for runoff from the facility (See Areas of Concern). 2 Five States Livestock Auction Inspection Date 07/31/2025 No mortalities were present on site at the time of the inspection. Hay bales were stored in the open within the drainage channel of the ponding area on the east side of the pens, south of the office (Appendix 1, Photo 1). Section III - AREAS OF CONCERN 1) The facility appears to be utilizing the ponding area to the south of the facility as a Retention Control Structure (RCS) (Appendix 1, Photos 4, 5, 7, & 8; Appendix 2, Photo 1). The primary concern is that the pond has not been certified to demonstrate a liner with a hydraulic conductivity rate of less than 1 x 10-7 cm/sec, which is crucial to prevent groundwater contamination. CWA, Section 301 (33 U.S.C. 1311): The lack of a synthetic liner in the runoff pond may pose a risk of unauthorized discharge of pollutants, including nutrients and pathogens, in violation of Section 301 of the Clean Water Act, which prohibits the discharge of pollutants into waters of the United States without a permit. There were no other areas of concern at the time of the inspection. EPA Region 6 inspectors conducted a closing conference for the Five States Livestock Auction inspection on 07/31/2025. During the closing conference, the inspectors reviewed observations with and . Inspector provided compliance assistance brochures and FAQ sheets. Inspectors exited the facility at 11:02 a.m. 07/31/2025. Section IV - FOLLOW UP No follow up with the facility has occurred since the time of the inspection. Section V - LIST OF APPENDICES Appendix 1 - Inspection Photo Log - Utilized eleven (11) photos of the facility taken 07/31/2025. Appendix 2 - Aerial Photo - One (1) photo. 3 Five States Livestock Auction Inc. / Five States Livestock Auction Inspection Date(s) 07/31/2025 Appendix 1 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 1 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011057.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: SE Time: 10:18 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the southeast. Hay storage on east perimeter of pens. (36.4641, -103.1923) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 2 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011058.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: E Time: 10:19 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the east. Eastern edge of the facility. Shot of raised area next to NM-370. (36.4643, -103.1920) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 3 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011059.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: W Time: 10:19 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the west. East perimeter of the property. Raised grassy area and entrance to facility from Lake Hwy/NM-370. (36.4643, -103.1920) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 4 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011060.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: SE Time: 10:24 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the southeast. Drainage channel leading to runoff pond on the southeastern end of the property. (36.4626, -103.1910) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 5 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011061.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: NW Time: 10:24 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the northwest. Drainage channel that leads to the runoff pond. Facility and pens in background. (36.4626, -103.1910) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 6 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011062.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: W Time: 10:27 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the west. Manure stockpile on the south end of the property. Within drainage of runoff pond. (36.4619, -103.1913) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 7 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011063.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: N Time: 10:30 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the north. Drainage channel leading to runoff pond in grassy area south of the property. Facility in background. (36.4618, -103.1910) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 8 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011064.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: SW Time: 10:31 am Photographer: Luke Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the southwest. Runoff pond in the grassy area south of the property. (36.4613, -103.1912) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 9 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011065.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: NE Time: 10:36 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the northeast. Southern perimeter of the pens. (36.4625, -103.1924) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 10 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011066.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: NW Time: 10:38 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the northwest. West perimeter of the pens. Raised train tracks on the left. (36.4627, -103.1927) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 1 Photo No. 11 Facility/Location: Five States Livestock Auction Inc. Five States Livestock Auction City: Clayton Filename: R0011067.JPG County: Union County Photo Date: State: NM 07/31/2025 Direction: W Time: 10:44 am Photographer: Lucas Bomar Witness Name: Nafis Fuad, Luke Zhong Description: View to the west. Northern perimeter of the pens. (36.4653, -103.1936) Five States Livestock Auction Inc. / Five States Livestock Auction Inspection Date(s) 07/31/2025 Appendix 2 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Appendix 2 Photo 1: Aerial photo sourced from Google Maps, depicting the facility along with surrounding areas and the runoff pond located to the south.