MARK YOUR CALENDARS! DEP WILL HOLD a PUBLIC HEARING on THURSDAY, OCTOBER 3, 2024. DEP is also receiving written comments from the public through Monday, October 14, 2024.
The October 3, 2024 public hearing is scheduled from 6:00 to 8:00 p.m. at the Rescue Squad Building located at 160 Pump St., Union, WV 24983. DEP staff will provide information, answer questions, and accept official comments. Written comments may also be submitted in addition to comments provided at the meeting.
Local and supporting voices are needed to protect threatened water resources in karst terrain. Aviagen Zenith Site #30 received a DEP stormwater pollution control permit in October 2020, which expired in October 2021 before permit-related work was completed. The current permit application seeks to complete construction of the work site by DEP granting “Permission to Operate an Infiltration System”. This new application includes significant changes that also affect Site #31.
SEND a WRITTEN COMMENT to WVDEP by 5 pm on MONDAY, OCTOBER 14, 2024.
HOW: Submit via email to Judy.K.Lupson@wv.gov or by regular mail:
ATTN: Judy Lupson, Permitting
West Virginia Department of Environmental Protection
Division of Water and Waste Management
601 57th St. SE,
Charleston, WV 25304-2345
Phone: 304-926-0499
Remember to include: Permit number INF-2024-0001; your name, address and telephone number; a concise statement of the nature of the issues raised.
Your Local and Supporting Voices are Important! Comments made during last year’s public hearing for Site #30 likely contributed to DEP’s decision to further visit the site and Aviagen’s decision to withdraw its NPDES permit application. The initial public hearing and comment period for Site #31 helped convince the WVDEP to deny Aviagen’s permit application and request significant changes – the only time that Aviagen has been denied a DEP permit in Monroe County.
If I commented on the Aviagen Site #30 permit last year, should I comment again this time? YES! Aviagen has made significant changes to the application that they submitted in 2022 and 2023 so it is important that people comment on the new version of the permit.
BACKGROUND AND KEY ISSUES TO RAISE IN PUBLIC COMMENTS
Aviagen, Inc. owns property for two neighboring turkey operation sites on the Peters Mountain side of Zenith Road. Zenith Site #30 received a DEP stormwater pollution control permit in October 2020 which has now expired. Following comments by the public in 2023 – which stressed the fact that no receiving stream was identified (a basic condition of a WV NPDES stormwater pollution control permit) – and further site investigation by DEP, Aviagen withdrew its permit application.Their current permit application is for “Permission to Operate an Infiltration System”.
In multiple written comments to WVDEP, Indian Creek Watershed Association has noted that Aviagen’s Zenith Sites are located on karst at the base of Peters Mountain where there are known sinkholes and blind valleys, and that all neighboring families and farms rely on private springs and wells. No water testing or dye tracing has been done to determine which streams and springs might be impacted by runoff waters from these operations. For the past three years, ICWA has requested that dye tracing be conducted and that stronger pollution control measures and water monitoring procedures be put In place before permits are issued. Two streams in the Indian Creek watershed likely to be affected are Dropping Lick and Turkey Creek.
The WV Department of Environmental Protection is receiving comments from the public about whether Aviagen’s proposed Permission to Operate an Infiltration System Application would comply with West Virginia’s groundwater protection regulations; whether the system described in Aviagen’s application would protect local groundwater from contamination by the construction and operation of Aviagen’s proposed turkey operation on Zenith Road in Monroe County.
What does “PERMISSION TO OPERATE AN INFILTRATION SYSTEM” mean? Aviagen has requested that DEP issue “Permission to Infiltrate” to allow construction stormwater (and ultimately waters affected by operations) to be directed into unlined ponds to “infiltrate” (or filter down) into ground sitting on karst.
Some Important Issues to Raise in Public Comments:
- Aviagen is located on karst. Run-off into unlined ponds and sinkholes puts people and critical water resources at risk.
- Aviagen’s treatment plan will not protect the groundwater along this section of Peters Mountain.
- Aviagen still has not identified what water is affected and has not disclosed what chemicals will be used. DEP has indicated that another permit may be required for operations. However, does it make sense to give permission for initial construction and water pollution control plans without knowing what the intended use and contaminants might be?
- Aviagen’s operations put the community’s pristine but vulnerable water supply at risk.
Suggested Requests to DEP
- Deny the Site 30 application based on the vulnerability of the location. The problems with this site cannot be mitigated, and the water resources that it puts in jeopardy are too valuable.
- Require dye-tracing from sinkholes on Sites 31 and 30 to determine where run-off water flows.
- Require Aviagen to pay for independent baseline water testing and monitoring for all residents in the area, not limited to within 1/4-mile of the unlined infiltration pond.