notice

upstream of the NFMRR discharge in the vicinity of Timberville have been documented
at 0.01 mg/l as recently as September 28, 2006, while levels of phosphorus downstream
of the NFMRR discharge were recorded on the same day at 1.4 mg/l. This means that
levels of phosphorus in the North Fork are 140 times higher downstream of the discharge
than they are upstream of the discharge. Nitrogen is 25% higher in the stream
downstream of the outfall when compared with upstream levels. These extremely high
levels of phosphorus and nitrogen are the result of poultry processing wastes sent to
NFMRR for disposal by PPC and Cargill, and then dumped into the North Fork after
inadequate treatment.
Over 52.97 miles of the North Fork, including large stretches downstream of the SIL
outfall, are listed on the 2004 Virginia “dirty waters” list for fecal coliform impairment.
Fecal coliform bacteria are present in the intestines of warm-blooded animals and are an
indicator that the aquatic community has been contaminated by fecal matter.
In addition, Cargill has dumped solid waste on land owned by Cargill at its Timberville
poultry processing facility, and in the waters of the North Fork itself. The dumped solid
waste includes but is not limited to construction debris, boards, trash, large blocks of
rock, and other assorted debris. The dumped waste remains on the banks of, and directly
in, the North Fork of the Shenandoah River, continuing to violate water quality standards
and impeding navigation, disfiguring the stream bottom, endangering fishermen,
swimmers, boaters, and other recreational users, and impairing the aesthetic, aquatic, and
recreational uses of the River.
Moreover, there is compelling scientific evidence that the entire Shenandoah River
system is an ecosystem in trouble. Numerous fish kills in the Shenandoah River system
have occurred recently. In the spring of 2007, fish collection and monitoring efforts by
the Shenandoah River Fish Kill Task Force indicate that at least 15% of largemouth and
smallmouth bass collected appear to be developing lesions or are otherwise developing
health issues. There have also recently been several minor fish kills of redbreast sunfish,
smallmouth bass, and suckers, and redbreast sunfish are not showing signs of recovery.
It appears from these observations that there are emerging or re-emerging fish health
problems from previous years that are continuing and re-occurring. Notably, in early
December, 2006, fish kills numbering in the thousands occurred, including northern
hogsuckers in the main stem of the Shenandoah, along with dead sunfish and
smallmouth bass on the North Fork and South Forks of the river. This is the first late fall
fish kill that has been noticed in the Shenandoah River system in recent times. There
have been fish kills on the North Fork of the Shenandoah River in recent years, including
in areas downstream of the SIL NFMRR. Each spring, commencing in 2004, there has
been lethality of about 80% of the adult smallmouth bass and redbreast sunfish in the
North Fork, and many fish have been found with lesions.
State officials are using continuous monitoring and are doing ongoing grab sample
monitoring to look for the presence of ammonia. Data show that ammonia in the
Shenandoah is significantly higher than in other Virginia rivers. Ammonia results in
chronic and acute toxicity to fish and has long been suspected to be a contributing factor
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