Conservation Pennsylvania

August 20, 2012

Lynn Langer Director, Southcentral Regional Office PA Department of Environmental Protection 909 Elmerton Ave. Harrisburg, PA 17110 Cosmo Servidio Director, Southeast Regional Office PA Department of Environmental Protection 2 East Main Street Norristown, PA 19401 Susan Malone Director, Southwest Regional Office PA Department of Environmental Protection 400 Waterfront Drive Pittsburgh, PA 15222

Marcus Kohl Director, Northcentral Regional Office PA Department of Environmental Protection 208 West Third Street, Suite 101 Williamsport, PA 17701 Michael Bedrin Director, Northeast Regional Office PA Department of Environmental Protection 2 Public Square Wilkes-Barre, PA 18701 Kelly Burch Director, Northwest Regional Office PA Department of Environmental Protection 230 Chestnut Street 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 DEPs 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 2125 Philadelphia, PA 19103 www.conservepennsylvania.org

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applicants/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 Road Gettysburg, PA 17325 PA0248398 (previously PAG123508) Individual permit application has been pending since 12/27/2010 Facility was sent a deficiency notice on 1/12/2011 Frosty Hollow Farm 529 Frosty Hollow Road Roaring Springs, PA 16673 PA0088803 Renewal pending since 5/23/06 Facility was sent a deficiency notice on 2/9/2007 Most recent farm inspection was on 10/27/2008 Hetrickdale Farms 69 Hetrick Drive Bernville, PA 19506 PA0247057 Renewal pending since 3/29/2011 Facility was sent a deficiency notice on 4/20/2011 Greater Vision Farms 228 Five Points Road Alburtis, PA 18011 PA0248478 Renewal pending since 10/19/2010

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Penn England Farm 10341 Fox Run Road Williamsburg, PA 16693 PAG123568 Renewal pending since 8/6/2007 Dream Farms (formerly Agway Dream Farm) 13655 Dream Highway Newburg, PA 17240 PA0087980 Renewal pending since 2/13/2009 Facility was sent a deficiency notice on 2/13/2009 Blue Mountain Finishing Farm 10391 Otterbein Church Rd Newburg, PA 17240 PA0246379 Renewal pending since 10/27/2008 Facility was sent a deficiency notice on 12/19/2008 Stoner's Hijos Hill, Inc. 7678 Oellig Road Mercersburg, PA 17236 PA0247952 Renewal pending since 1/18/2011 Brubaker Farms 493 Musser Road Mount Joy, PA 17552 PA0247863 Renewal pending since 5/7/2010 Facility was sent a deficiency notice on 7/1/2010

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Kenton L. Sweigart 620 Greider Road Mt. Joy, PA 17552 PA0261688 Permit pending since 2/23/2011 Facility was sent a deficiency notice on 12/9/2011 Rohrer Dairy Farm LLC 124 Charleston Road Washington Boro, PA 17582 PA0247685 Renewal pending since 5/5/2010 Esbenshade Farms - North Farm 2036 Pleasant Mt Road Mount Joy, PA 17552 PA0248096 Renewal pending since 3/31/2011 Kreider Farms home farm 525 Indian Village Road Manheim, PA 17545 PA0088285 Renewal pending since 1/18/2011 Facility was sent a deficiency notice on 2/28/2011 Esbenshade Farms - Mount Joy (Home) Farm 220 Eby Chiques Road Mount Joy, PA 17552 PA0247251 Renewal pending since 3/31/2011 Facility was sent a deficiency notice on 6/16/2011

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Robert L. Brubaker, Jr. 2871 North Colebrook Road Manheim, PA 17545 PAG123689 Permit pending since 2/16/2010 Facility was sent a deficiency notice on 5/11/2010 Reinholds Farm 1375 West Rt 897 Denver, PA 17517 PA0246662 Renewal pending since 12/8/2006 Facility was sent a deficiency notice on 2/15/2007 Riverview Farms 323 Riverview Road Peach Bottom, PA 17563 PA0260223 Permit pending since 1/9/2007 Mt. Pleasant Farm (Kreider Farms) 1486 Mt. Pleasant Road Lebanon, PA 17046 PA0247481 Permit pending since 4/30/2008 Hickory Lane Farm 23 Clarks Run Road Blain, PA 17006 PA0246859 Permit renewal pending since 5/1/2007

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Farms in the Northeast Regional Office territory: David High Farm 317 Ridge Road Pitman, PA 17964 PAG122202 Permit pending since 4/24/2007 Farms in the Southwest Regional Office territory: Hillcrest Saylor Dairy Farms, LLC 3684 Kingwood Road Rockwood, PA 15557 PA0267716 Permit 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 Farm 296 Manbeck Road Bernville, PA 19506 PAG123676 Permit issued 2/16/2012 but no history of inspections in eFACTS Snider Swine CAFO 22357 Mountain Foot Road Neelyton, PA 17239 PAG123708 Permit issued 12/28/2011 but not history of inspections in eFACTS
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Long Swine Farm 57/59 Reeds Creek Road Annville, PA 17003 PAG123706 Permit issued 2/9/2012 but no history of inspections in eFACTS Sonnen Spring Poultry Farm 101 Sonnens Road Richland, PA 17087 PAG123592 Permit issued 9/28/2010 but no history of inspections in eFACTS Reid Hoover 400 Mount Wilson Road Lebanon, PA 17046 PAG123702 Permit issued 12/28/2011 but no history of inspections in eFACTS Farms in the Northcentral Regional Office territory: Jim Showers 767 Grey Hill Road New Columbia, PA 17856 PA0234052 Permit issued 1/30/2012 Farms in the Southeast Regional Office territory: Woodland View Farm 133 Woodland Road Oxford, PA 19363 PAG120006 Permit renewed 5/24/2011 but no history of inspections in eFACTS

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Farms in the Northeast Regional Office territory: Joe Jurgielewicz Duck Farm (Grimaud Farm) 886 East Mountain Road Hegins, PA 17938 PAG122210 Permit issued 4/19/2011 but no history of inspections in eFACTS Hegins Valley Farm 824 Church Road Hegins, PA 17938 PAG122205 Permit issued 5/25/2011 but no history of inspections in eFACTS Ronald Maurer Farm 1366 Ridge Road Klingerstown, PA 17941 PAG122209 Permit issued 4/6/2011 but no history of inspections in eFACTS Heisler's Egg Farm 757 Valley Road Tamaqua, PA 18252 PAG122203 Permit issued 4/22/2011 but no history of inspections in eFACTS Koch's Turkey Farm (Home Farm) 416 Valley Road Tamaqua, PA 18252 PAG122206 Permit issued 3/30/2011 but no history of inspection in eFACTS

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Embrovac, LLC 616 Dairy Road Tamaqua, PA 18252 PAG122211 Permit issued 6/29/2011 but no history of inspections in eFACTS Wayne Marcho Veal Farm Union Hill Road Susquehanna, PA 18847 PAG122204 Permit issued 12/5/2011 but no history of inspections in eFACTS Farms in the Northwest Regional Office territory: Bortnick Dairy, LLC 21820 Palmer Road Conneautville, PA 16406 PA0240168 Permit 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 Farm 820 Salemville Road New Enterprise, PA 16664 PA0246701 Permit issued on 10/3/2002, and should have expired on or about 10/31/2007

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Clair H. Wenger Farm 67 New Schaefferstown Rd Bernville, PA 19506 PAG123528 Permit 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 21059 Cross Road Doylesburg, PA 17219 PAG123553 Permit issued on 6/14/2002, and should have expired on or about 6/30/2007 The Hege Farm 3966 Funk Road Chambersburg, PA 17201 PAG123563 Permit issued on 10/29/2002, and should have expired on or about 10/31/2007 Haas Swine Farm RR#1 Box 13A James Creek, PA 16657 PAG123567 Permit issued on 12/6/2002, and should have expired on or about 12/31/2007 Middle Creek Swine Farm 1925 West Route 897 Denver, PA 17517 PA0088714 Permit initially issued on 11/19/2001, and should have expired on or about 11/30/2006 Permit was transferred multiple times, but it is not clear when the permit was renewed Cedar Hill Farm 721 Spring Valley Road Wellsville, PA 17365 PA0088943

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Permit 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 Farms 59 State Road 244 Coudersport, PA 16915 PA0228630 Permit issued on 5/13/2003, and should have expired on or about 5/31/2008 Farms in the Northwest Regional Office territory: Lakeland Dairy 272 Angel Road New Wilmington, PA 16142 PA0239933 Permit 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, Esquire Policy Director

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