AVIAGEN TURKEYS INC. – ZENITH SITE #30 –
UPDATE: On January 16, 2025, WVDEP issued Permission to Operate an Infiltration System for Site 30, allowing Aviagen to infiltrate stormwater through 1 stormwater pond and 3 infiltration basins; and to complete disturbed land stabilization activities at the site.
ZENITH SITE #30 -Timeline of Permits and ICWA Comments
On October 26, 2020, WVDEP issued an NPDES permit for Site #30. The public was not aware that an industrial turkey operation was being located at Zenith since there had been no public notice of a permit draft. Clearly, the public was deprived of the opportunity to provide comments prior to WVDEP’s issuance of this initial NPDES.
On July 20, 2021, in response to a complaint from ICWA, DEP issued a Notice of Violation (NOV) to Aviagen for releasing sediment into a sinkhole.
On October 27, 2021 ICWA filed a complaint to DEP that Aviagen was constructing on Site #30 in spite of the fact that its permit for that site had expired. An inspector confirmed ICWA member observations, issued a Notice of Violation and halted construction until a new permit is issued.
A new reissue NPDES permit for Zenith Sites 30 is currently under consideration at DEP.
On June 13, 2022 ICWA sent a letter to DEP Director of Water and Waste Management requesting: 1) immediate action regarding the permit renewal application for Site #30: requesting public comment period and hearing, 2) more stringent requirements in order to correct the infirmities that led to DEP’s rejection of Site #31 NPDES permit and 3) DEP take steps to rectify the exclusion of interested members of the public since the permit had been initiated on December 17, 2021 but had not been posted on-line.
On July 25, 2022 ICWA sent WVDEP a comment on the Defects of Aviagen Site 30 Renewal Application which was still incomplete.
On December 1, 2022 WVDEP gave notice of a public comment period for Aviagen Site #30 NPDES permit ending on December 31.
On December 20, 2022 ICWA requested a public hearing on the Aviagen Site #30 application. WVDEP did not respond to our request until eight months later.
On December 30, 2022 On behalf of ICWA, Appalachian Mountain Advocates submitted Public Comments on Aviagen Turkeys Application for Coverage Under the General WV NPDES Water Control Permit No. WV0115924 (Registration No. WVR110985) for Site #30.
On December 31, 2022 ICWA submitted Supplemental Comments on Aviagen NPDES Permit for Site #30.
Between March 29 and June 30, 2023 the WVDEP permit reviewer sent 36 comments to Aviagen requesting additional information. In response, Aviagen submitted 17 modifications or corrections to WVDEP between May 12 and June 30, 2023.
On August 18, 2023 ICWA submitted and supplemented its Second Request Of Indian Creek Watershed Association For Public Hearing With Comment Period because there had been significant modifications to the permit application that have not been subject to public review.
On August 24, 2023 WVDEP sent to the Monroe Watchman a Notice for Public Hearing October 3, 2023 and for Comment Period Ending October 6, 2023 for Site 30, for official publication Thursday, August 31, 2023.
Between October 2023 and October 2024, Aviagen withdrew its NPDES application.
On October 3, 2024, DEP held another public hearing, this time to receive comments on a new draft application from Aviagen seeking “Permission to Infiltrate”.
On January 16, 2025, issued a Summary of WVDEP Responses to Public Comments received during the public comment period from 8/6/24 through 10/14/24.
On January 16, 2025, DEP issued “Permission to Operate an Infiltration System” for Site 30.
The following are our most recent submittals:
4-16-24 ICWA to DEP – Comments, Questions, Concerns. Requests Public Hearing
10-14-24 ICWA to DEP – Comments Site 30 Permission to Operate Infiltration System