Conservation Pennsylvania

August 20, 2012

Lynn Langer Marcus KohlDirector, Southcentral Regional Office Director, Northcentral Regional OfficePA Department of Environmental Protection PA Department of Environmental Protection909 Elmerton Ave. 208 West Third Street, Suite 101Harrisburg, PA 17110 Williamsport, PA 17701

Cosmo Servidio Michael BedrinDirector, Southeast Regional Office Director, Northeast Regional OfficePA Department of Environmental Protection PA Department of Environmental Protection2 East Main Street 2 Public Square Norristown, PA 19401 Wilkes-Barre, PA 18701

Susan Malone Kelly BurchDirector, Southwest Regional Office Director, Northwest Regional OfficePA Department of Environmental Protection PA Department of Environmental Protection400 Waterfront Drive 230 Chestnut StreetPittsburgh, PA 15222 Meadville, PA 16335

Dear Regional Directors,

I am writing to advise you of concerns that I have regarding NPDES CAFO permit applicants or permittees. I have been monitoring DEP’s regulation and enforcement of CAFOs for over ten years. The Department has always been reactive to concerns that I have raised. For these reason, I wanted to advise you of my concerns before any legal action is taken.

A number of NPDES CAFO permit applications have been pending for inappropriately long periods of time. While I recognize that permit applications are sometimes nuanced, applicants should have all necessary management plans drafted and implemented when applying for a new CAFO permit or renewing an existing permit. Permit applications should not be used as indefinite placeholders while an applicant or permittee obtains the necessary documentation required to obtain a permit. One of the farms listed below has had a permit application pending for almost six years, which is longer than an NPDES CAFO permit cycle. For the above stated reasons, the Department should place the following NPDES CAFO permit

P.O Box 2125Philadelphia, PA 19103

www.conservepennsylvania.org

Conservation Pennsylvaniaapplicants/permittees on a strict timeline to secure necessary prerequisites for a permit or deny the permit applications/renewals.

Farms in the Southcentral Regional Office territory:

Mason Dixon Farms, Inc.1750 Mason Dixon RoadGettysburg, PA 17325PA0248398 (previously PAG123508)Individual permit application has been pending since 12/27/2010Facility was sent a deficiency notice on 1/12/2011

Frosty Hollow Farm529 Frosty Hollow Road Roaring Springs, PA 16673PA0088803Renewal pending since 5/23/06Facility was sent a deficiency notice on 2/9/2007 Most recent farm inspection was on 10/27/2008

Hetrickdale Farms69 Hetrick DriveBernville, PA 19506PA0247057Renewal pending since 3/29/2011Facility was sent a deficiency notice on 4/20/2011

Greater Vision Farms228 Five Points RoadAlburtis, PA 18011PA0248478Renewal pending since 10/19/2010

Penn England Farm

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Conservation Pennsylvania10341 Fox Run Road Williamsburg, PA 16693PAG123568Renewal pending since 8/6/2007

Dream Farms (formerly Agway Dream Farm)13655 Dream HighwayNewburg, PA 17240PA0087980Renewal pending since 2/13/2009Facility was sent a deficiency notice on 2/13/2009

Blue Mountain Finishing Farm10391 Otterbein Church Rd Newburg, PA 17240PA0246379Renewal pending since 10/27/2008Facility was sent a deficiency notice on 12/19/2008

Stoner's Hijos Hill, Inc.7678 Oellig Road Mercersburg, PA 17236PA0247952Renewal pending since 1/18/2011

Brubaker Farms493 Musser RoadMount Joy, PA 17552PA0247863 Renewal pending since 5/7/2010Facility was sent a deficiency notice on 7/1/2010

Kenton L. Sweigart620 Greider Road

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Conservation PennsylvaniaMt. Joy, PA 17552PA0261688Permit pending since 2/23/2011Facility was sent a deficiency notice on 12/9/2011

Rohrer Dairy Farm LLC124 Charleston RoadWashington Boro, PA 17582PA0247685Renewal pending since 5/5/2010

Esbenshade Farms - North Farm2036 Pleasant Mt RoadMount Joy, PA 17552PA0248096Renewal pending since 3/31/2011

Kreider Farms – home farm525 Indian Village RoadManheim, PA 17545PA0088285Renewal pending since 1/18/2011Facility was sent a deficiency notice on 2/28/2011

Esbenshade Farms - Mount Joy (Home) Farm220 Eby Chiques RoadMount Joy, PA 17552PA0247251Renewal pending since 3/31/2011Facility was sent a deficiency notice on 6/16/2011

Robert L. Brubaker, Jr.2871 North Colebrook RoadManheim, PA 17545

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Conservation PennsylvaniaPAG123689Permit pending since 2/16/2010Facility was sent a deficiency notice on 5/11/2010

Reinholds Farm1375 West Rt 897 Denver, PA 17517PA0246662Renewal pending since 12/8/2006Facility was sent a deficiency notice on 2/15/2007

Riverview Farms323 Riverview RoadPeach Bottom, PA 17563PA0260223Permit pending since 1/9/2007

Mt. Pleasant Farm (Kreider Farms)1486 Mt. Pleasant Road Lebanon, PA 17046PA0247481 Permit pending since 4/30/2008

Hickory Lane Farm23 Clarks Run Road Blain, PA 17006PA0246859Permit renewal pending since 5/1/2007

Farms in the Northeast Regional Office territory:

David High Farm317 Ridge Road

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Conservation PennsylvaniaPitman, PA 17964PAG122202Permit pending since 4/24/2007

Farms in the Southwest Regional Office territory:

Hillcrest Saylor Dairy Farms, LLC3684 Kingwood RoadRockwood, PA 15557PA0267716Permit pending since 2/20/2007

NPDES CAFO permits have recently been issued without the farming operation first being inspected, according to eFACTS. All facilities should have a thorough and complete inspection before an NPDES CAFO permit issuance or renewal. Because CAFO permits rely on management practices to meet effluent limitation guidelines and standards, Department inspectors should complete a preliminary inspection of the farming operation to ensure that the farm will be able to meet the requirements of the permit. The following farming operations appear to have been issued an NPDES CAFO permit without first having an on-site inspection.

Farms in the Southcentral Regional Office territory:

Zerbe Pullet Farm296 Manbeck RoadBernville, PA 19506PAG123676Permit issued 2/16/2012 but no history of inspections in eFACTS

Snider Swine CAFO22357 Mountain Foot RoadNeelyton, PA 17239PAG123708Permit issued 12/28/2011 but not history of inspections in eFACTSLong Swine Farm57/59 Reeds Creek Road Annville, PA 17003PAG123706Permit issued 2/9/2012 but no history of inspections in eFACTS

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Conservation Pennsylvania

Sonnen Spring Poultry Farm101 Sonnens RoadRichland, PA 17087PAG123592Permit issued 9/28/2010 but no history of inspections in eFACTS

Reid Hoover400 Mount Wilson RoadLebanon, PA 17046PAG123702Permit issued 12/28/2011 but no history of inspections in eFACTS

Farms in the Northcentral Regional Office territory:

Jim Showers767 Grey Hill RoadNew Columbia, PA 17856PA0234052Permit issued 1/30/2012

Farms in the Southeast Regional Office territory:

Woodland View Farm133 Woodland Road Oxford, PA 19363PAG120006Permit renewed 5/24/2011 but no history of inspections in eFACTS

Farms in the Northeast Regional Office territory:

Joe Jurgielewicz Duck Farm (Grimaud Farm)886 East Mountain Road Hegins, PA 17938PAG122210

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Conservation PennsylvaniaPermit issued 4/19/2011 but no history of inspections in eFACTS

Hegins Valley Farm824 Church Road Hegins, PA 17938PAG122205Permit issued 5/25/2011 but no history of inspections in eFACTS

Ronald Maurer Farm1366 Ridge Road Klingerstown, PA 17941PAG122209Permit issued 4/6/2011 but no history of inspections in eFACTS

Heisler's Egg Farm757 Valley RoadTamaqua, PA 18252PAG122203Permit issued 4/22/2011 but no history of inspections in eFACTS

Koch's Turkey Farm (Home Farm)416 Valley Road Tamaqua, PA 18252PAG122206Permit issued 3/30/2011 but no history of inspection in eFACTS

Embrovac, LLC616 Dairy Road Tamaqua, PA 18252PAG122211Permit issued 6/29/2011 but no history of inspections in eFACTS

Wayne Marcho Veal Farm

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Conservation PennsylvaniaUnion Hill RoadSusquehanna, PA 18847PAG122204Permit issued 12/5/2011 but no history of inspections in eFACTS

Farms in the Northwest Regional Office territory:

Bortnick Dairy, LLC21820 Palmer RoadConneautville, PA 16406PA0240168Permit issued 8/13/2008 but no history of inspections in eFACTS

There are also farms where it is unclear from eFACTS whether the farm is continuing to operate on an expired NPDES permit or whether the facility is no longer regulated as a CAFO. There are no notations in eFACTS about renewal applications or whether the farms fell below the CAFO threshold. The eFACTS system indicates that the farming operations are active.

Farms in the Southcentral Regional Office territory:

Sollenberger Brothers Farm820 Salemville Road New Enterprise, PA 16664PA0246701Permit issued on 10/3/2002, and should have expired on or about 10/31/2007

Clair H. Wenger Farm 67 New Schaefferstown RdBernville, PA 19506PAG123528Permit issued on 2/7/2002, and should have expired on or about 2/28/2007 Individual NPDES CAFO permit was submitted, but subsequently withdrawn on 10/10/2008

The Path Valley Farm

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Conservation Pennsylvania21059 Cross RoadDoylesburg, PA 17219PAG123553Permit issued on 6/14/2002, and should have expired on or about 6/30/2007

The Hege Farm3966 Funk RoadChambersburg, PA 17201PAG123563Permit issued on 10/29/2002, and should have expired on or about 10/31/2007

Haas Swine FarmRR#1 Box 13AJames Creek, PA 16657PAG123567Permit issued on 12/6/2002, and should have expired on or about 12/31/2007

Middle Creek Swine Farm1925 West Route 897 Denver, PA 17517PA0088714Permit initially issued on 11/19/2001, and should have expired on or about 11/30/2006Permit was transferred multiple times, but it is not clear when the permit was renewed

Cedar Hill Farm721 Spring Valley RoadWellsville, PA 17365PA0088943Permit initially issued on 6/18/2002 and amended 8/2/2006, and should have expired on or about 8/31/2011

Farms in the Northcentral Regional Office territory:

Tor-View Farms59 State Road 244Coudersport, PA 16915PA0228630Permit issued on 5/13/2003, and should have expired on or about 5/31/2008

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Conservation Pennsylvania

Farms in the Northwest Regional Office territory:

Lakeland Dairy272 Angel RoadNew Wilmington, PA 16142PA0239933Permit issued on 3/14/2007, and should have expired on or about 3/31/2012

If you have any questions or would like to discuss these matters further, please feel free to contact me at kim@conservationpa.org or (717) 648-0602. Additionally, I request that you advise me of any actions taken to address the concerns outlined in this communication.

Sincerely,

Kimberly L. Snell-Zarcone, EsquirePolicy Director

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