Document z3obQNRnxYnVeYppv451ND1z

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street Denver, CO 80202-1129 Phone 800-227-8917 www.epa.gov/region08 Ref: 8 Montana SENT VIA EMAIL DIGITAL READ RECEIPT REQUESTED David Hofer Hidden Lake Colony SEC@hiddenlakehb.com Re: Inspection Report for Hidden Lake Colony, unpermitted Dear Mr. Hofer: On July 19, 2022, a representative of the U.S. Environmental Protection Agency inspected the Hidden Lake Colony Concentrated Animal Feeding Operation (CAFO) in Cut Bank, Montana. At the time of the inspection, the CAFO was not covered by a National Pollutant Discharge Elimination System (NPDES) permit for animal feeding operations. The inspection was conducted under the authority of Section 308 of the Clean Water Act (Act). Enclosed is a report of the inspection. Based on the information reviewed and obtained during the inspection, I did not document any findings and am not requesting additional information at this time. Please contact me at 406-457-5022 or prideaux.lisakay@epa.gov if you have any questions regarding this letter or the enclosed report. Sincerely, Prideaux, LisaKay Digitally signed by Prideaux, LisaKay Date: 2022.09.20 14:45:45 -06'00' Lisa-kay Prideaux NPDES and Wetlands Enforcement Section Enforcement and Compliance Assurance Division Enclosures: 1) NPDES CAFO Inspection Report - Hidden Lake Colony 2) NPDES Inspection Photo Log - Hidden Lake Colony cc: The Honorable Illif `Scott' Kipp Sr, Chairperson, Blackfeet Tribe (electronic) Gerald Wagner, Environmental Director, Blackfeet Tribe (electronic) Barry Adams, Water Quality Coordinator, Blackfeet Tribe (electronic) NPDES Inspection Report - Concentrated Animal Feeding Operations National Database Information Inspection Date: July 19, 2022 Inspection Type: Concentrated Animal Feeding Operation Entry/Exit Time: 13:00 / 14:15 NPDES ID Number: Unpermitted Site NAICS Code: 112112 Inspection ID: 202207_Hidden Lake Colony Lead inspector and affiliation: Lisa-kay Prideaux, EPA Region 8 Montana Operations Office Facility Location Information Site/Facility Name & Location: Hidden Lake Colony (b) (6) Email Report to: David Hofer SEC@hiddenlakehb.com Contact Information Facility Contacts: Person/Company meeting definition of "Operator" Name(s)/Title David Hoffer / Farm Manager / Hidden Lake Colony / present during the inspection Hidden Lake Colony Authorized Official(s) Joseph Whips / President / Hidden Lake Colony David Hofer / Manager / Hidden Lake Colony Permit Information Is the permit on site and available? N/A, the site is not permitted Receiving Water(s): No Discharge Effective Date: N/A Expiration Date: N/A Latitude (from inspection): (b) (6) Longitude (from inspection): (b) (6) Regulatory Inspector's source of information: Conversations with Facility contacts, field observations made during site visit, previous inspections, previous permit, Integrated Compliance Information System (ICIS), and Enforcement and Compliance History Online (ECHO). Weather conditions during inspection (e.g., temperature, sky, precipitation): Clear, sunny and 77F, no precipitation within the previous 24-hours Areas Evaluated During Inspection Permit Self-Monitoring Program Records Compliance Schedule Facility Site Review Laboratory Effluent/Receiving Waters Operations and Maintenance Flow Measurement Sludge Handling/Disposal Pretreatment Pollution Prevention Stormwater Combined Sewer Overflow Sanitary Sewer Overflow Hidden Lake Colony Page 1 of 4 Site Information Permitted Capacity of Facility N/A Max. Capacity of Facility Animal Type Cattle # confined 0 Dairy mature 120 Swine (farrow to finish) Chickens (solid manure) 9-10,000 30,000 Turkeys 0 Unknown Large/Medium Definition Type of Confinement Annual Report Submission Animal Type Sheep # confined 0 Dairy (heifers) 0 Swine (<55#) 0 Chickens (liquid 0 manure) Other (specify) 0 ____________ Roofed confinement N/A Large/Medium Definition 300 Report Review and Signature Drafter Name Prideaux, LisaKay Digitally signed by Prideaux, LisaKay Date: 2022.09.20 14:46:58 -06'00' Lisa-kay Prideaux Reviewer Name Stephanie Meyers Management Signature/Name Boeglin, Michael Digitally signed by Boeglin, Michael Date: 2022.09.20 14:24:26 -06'00' Michael Boeglin Address/Phone Number U.S. EPA Region 8, Montana Operations Office 10 West 15th Street, Suite 3200 Helena, Montana 59626 406-457-5022 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ENF-W-NW Denver, Colorado 80202 303-312-6938 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ENF-W-NW Denver, Colorado 80202 303-312-6250 Date 09/12/2022 Date 9/13/2022 Date 9/20/2022 Hidden Lake Colony Page 2 of 4 Inspection Narrative and Site Description The inspection was conducted at the Hidden Lake Colony Concentrated Animal Feeding Operation (CAFO or facility) located in Cut Bank, Montana to evaluate the facility's discharge status and permit application status. The facility was covered under a National Pollutant Discharge Elimination System (NPDES) general permit for CAFO (MTG010162) from September 5, 2000, to July 31, 2005; currently, the facility is unpermitted. The facility is located within the boundaries of the Blackfeet Reservation. The EPA is responsible for implementing the NPDES program in Indian Country within the State of Montana. The inspection was announced approximately one week prior to the inspection to coordinate logistics and ensure a facility representative would be on site. On July 19, 2022, I, U.S. Environmental Protection Agency (EPA) inspector Lisa-kay Prideaux, met with the facility manager, David Hofer. I presented credentials and had an opening conference to explain the purpose of the inspection. I then proceeded to ask questions of Mr. Hofer to help me evaluate the facility's discharge status, and to obtain facility information for NPDES permit coverage. Throughout the inspection, I noted my observations in a field notebook. Photographs taken during the inspection are included in the attached photo log. The Hidden Lake Hutterite Colony was founded in 1996 and is a certified organic multi-animal species farm. At the time of the inspection, the facility had approximately 30,000-layer chickens, between 910,000 farrow to finish swine within confinement buildings and a partial open lot/confinement area with approximately 120 dairy cows. The facility also has adjacent feed storage and handling areas and manure containment structures. Wastewater generated from animal confinement areas flows to an underground `holding pond' and then to an above ground 2.4-million-gallon storage tank with mixers. The production area is approximately 70 acres, and approximately 22,000 acres of cropland is available for land application of solids and liquid waste. Mr. Hofer stated records for animal inventory and mortality, records of waste sample analyses, soil sample analyses for all land application fields, and type of crop with crop yield for each field are managed. Mr. Hofer indicated this information is submitted to a certified agronomist, who manages the Nutrient Management Plan (NMP). The agronomist calculates the appropriate waste application rates for each field, which is followed and recorded by the facility. Mr. Hofer stated best management practices (BMPs) for the land application areas include conservation or reduced tillage, riparian buffers or vegetative filter strips, and manure injection or incorporation. I did not review any records. Mr. Hofer described the stormwater management for the facility; the `working' area on the farm is all crushed rock for infiltration, and there are wide shallow ditches throughout the facility to collect and divert stormwater fields located east of the production area. I then asked about the previous permit coverage and indicated that although the facility does not currently discharge, a permit is required if the facility has plans to or were to discharge. I then asked about the domestic lagoons on-site. Mr. Hofer stated it is a two-celled total retention facultative lagoon system for the approximate 100 on-site members of the community. Mr. Hofer then escorted me throughout the facility grounds. I first observed the domestic lagoons; Mr. Hofer showed me the influent box prior to the lagoons (photo 562). We then walked to the lagoon cells (photos 563-566, and 568). The lagoon cells were vegetated and appeared to be in good operating condition. We walked by the lift station to the wastewater system which includes a light alarm. Mr. Hofer then brought me by the chicken barn, the hog barn, and the dairy cattle barn and pens. All barns drain via gravity through an underground piping system to the storage tank (Photo 567). While walking and driving through the site, I noted stormwater conveyance structures as shallow and wide ditches as to still allow farm vehicles to easily cross (photo 570). Mr. Hofer also drove me through Hidden Lake Colony Page 3 of 4 the food storage area, where all food is located within a silo or a within a barn. At the end of the inspection, I held a closing conference with Mr. Hofer where I discussed the recommendation to submit an application for permit coverage for the facility. After the inspection was complete, a review of rules and regulations was conducted, and it was determined the facility does not meet the definition of a CAFO. In 40 CFR Part 122.25(b)(6) defines a medium CAFO to include (i) the type and number of animals that fall within defined ranges; and (ii) either (A) discharge pollutants into waters of the United States through a designated conduit, or (B) discharge pollutants indirectly through direct contact with the confined animals. The facility meets the threshold number for laying hens or broiler chickens and swine (over 55 pounds); however, the facility does not have a discharge to surface water, or animals having access to pass through a surface water. Therefore, the facility as it currently operates does not meet the definition. If the facility changes operations to include discharging animal waste or allowing animals direct access to surface waters, the facility will then meet the definition of a medium CAFO and would require permit coverage. Findings, Corrective Actions and Recommendations Recommendation #1: Submit an application for NPDES permit coverage prior to discharge. If Hidden Lake Colony changes its current operation as a non-discharging facility, to include discharging animal waste or allowing animals direct access to surface waters, permit coverage would be required. Regulatory requirement: In accordance with 40 C.F.R. 122.23(f), "A CAFO must be covered by a permit at the time that it discharges." 40 C.F.R. 122.23(d)(1) states "A CAFO must not discharge unless the discharge is authorized by an NPDES permit. In order to obtain authorization under an NPDES permit, the CAFO owner or operator must either apply for an individual NPDES permit or submit a notice of intent for coverage under an NPDES general permit." Recommended Action: If the facility changes operations and/or an emergency arises where a discharge is eminent; the facility is required to prepare and submit a permit application for NPDES permit coverage. Provide a copy of the permit application to the EPA and the Blackfeet Tribe if the facility plans to discharge. Hidden Lake Colony Page 4 of 4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street Denver, CO 80202-1129 Phone 800-227-8917 www.epa.gov/region08 Ref: 8 Montana SENT VIA EMAIL DIGITAL READ RECIEPT REQUESTED Alvin Yellow Owl Jr. Manager Two Medicine Water Company (b) (6) Re: Inspection Report for Two Medicine Water Company/Stu Miller Water Treatment Plant, NPDES Permit No. MTDW0003I Dear Mr. Yellow Owl Jr.: On July 20, 2022, a representative of the U.S. Environmental Protection Agency inspected the Two Medicine Water Company/Stu Miller Water Treatment Plant in East Glacier, Montana, to evaluate compliance with the site's National Pollutant Discharge Elimination System general permit associated with drinking water production. The inspection was conducted under the authority of Section 308 of the Clean Water Act (Act). Enclosed is a report of the inspection. Inspection findings are summarized within the enclosed inspection report in a table titled "Findings, Corrective Actions and Recommendations." Within thirty (30) days of receipt of this report, please provide the EPA with a summary of corrective actions taken to address each of the findings identified in the report and any information that may change the findings or content of the report. This summary should be sent to: Lisa-kay Prideaux U.S. EPA Region 8 Prideaux.Lisakay@epa.gov Gerald Wagner Blackfeet Environmental Director Beo.director@gmail.com Please contact me at 406-457-5022 or Prideaux.Lisakay@epa.gov if you have any questions regarding this letter or the enclosed report. Sincerely, Prideaux, Digitally signed by Prideaux, LisaKay LisaKay Date: 2022.09.19 10:40:57 -06'00' Lisa-kay Prideaux NPDES and Wetlands Enforcement Section Enforcement and Compliance Assurance Division Enclosures: 1) NPDES Inspection Report 2) Photo Log cc: The Honorable Illif `Scott' Kipp Sr, Chairperson, Blackfeet Tribe (electronic) Gerald Wagner, Environmental Director, Blackfeet Tribe (electronic) Gerald Bechel, Water Plant Operator, Two Medicine Water Company (electronic) Barry Adams, Water Quality Coordinator, Blackfeet Tribe (electronic) 2