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Jobs...who's standing in the Hen House door?
By: Beaufort Observer Editorial Team ( More Entries )
Publisher's Note: This article originally appeared in the Beaufort Observer.
The State of North Carolina is blocking 150 new jobs and otherwise trying to put a regulatory hammer lock on Rose Acre farms. This is another one of those stories that answers the question: How dumb can you be?
Rose Acre Farms, a commercial egg producer came to Hyde County more about six years ago and set up an egg producing operation that now has about three and one half million laying hens. They employ about 150 people from Hyde, Beaufort, Washington and Tyrrell Counties. They have been good citizens, paying a fair wage with benefits. They have a low turn over rate and are locally managed by a native of Beaufort County. They have not had a violation notice for any permit violation discharge into waters of the State. So what is there to complain about?
The bureaucrats with the State of North Carolina are trying to over regulate. We could spend a lot of time explaining all of the in's and out's of the regulatory process. We want to keep your interest so we will do the short explanation. The State is using the renewal of an NPDES (National Pollutant Discharge Elimination System) permit for water discharges to create new air quality standards for ammonia. Rose Acre does not have an Air Quality Permit and is not required to have an Air Quality Permit. The State of North Carolina reasons that some day Rose Acre may violate the as yet un-determined ammonia standard so they believe they have the right to include these unprecedented air quality requirements in the new water quality permit.
North Carolina includes ammonia on the list of air borne toxic substances. Otherwise it appears to be un-regulated chemical except in nutrient sensitive waters. Ammonia, in air, does not become toxic until concentrations are high near the point of burning or choking. We are talking about the same ammonia we buy and use as a household cleaner and to make blue prints. The human nose can detect the presence of ammonia at very low concentrations compared to the amount that would be toxic.
An NPDES permit is for
process water quality that would discharge or flow from the Rose Acre property into an adjoining ditch or stream. Rose Acre does not discharge any process water into any adjoining ditch or stream. Rose Acre has no discharges to surface water because they have no process water. Rose acre makes dry feed from grain, produces and ships eggs. All liquid waste produced by their employees and from their operations is treated on site with no discharge into adjoining ditches and streams. All chicken manure and litter is dry stored, composted, and processed to a temperature sufficient to kill pathogens and sold off site for fertilizer.
The single most important question asked in an NPDES permit application has to do with whether or not you will be discharging any water that is not rain water run off. If there is no process water discharge, there is no need for a permit. Rose Acre, trying to be a good citizen obtained the original permit because they thought they were required to have the permit. Normally a new industry will fill out the application for a permit in order to establish whether or not they are required to have a permit. However, the regulators took advantage of Rose Acre and issued the permit so they could have more control. This is an excellent example of the abuse of regulatory powers. This trick has been used in other states. There are recent Federal District Court Cases from the Fifth and Second Circuit Courts of Appeal ruling that if there is no discharge there is no permit requirement.
The absence of discharged water should have settled the issue as ruled by the Federal Courts. North Carolina, as do most other states, enforces the EPA mandates in NPDES permits. So the real problem is that State environmental bureaucrats are imposing their own version of what they think the EPA really meant to say when they reworked the standards during their last five year review.
The Neanderthal mind set of the State is best presented with their argument that without the NPDES permit Rose Acre would be unregulated. This is both a condemning and defining statement about how our government intends to control all of us. Does there have to be a regulation on every thing? Have these knuckle dragging bureaucrats ever heard of the US Constitution and the Bill of Rights? No wonder we are scared of our government. Rose Acre is still regulated by their storm water permit, solid waste composting permit and the requirement that they cannot have a discharge without an NPDES permit.
Rose Acre has hired nationally recognized experts on ammonia and its behavior in both water and the air. Their science-based arguments rebut the allegations of the government employees who only have an opinion and have failed to prove any of their allegations. The scientific evidence supports the location of Rose Acre in Hyde County because of the high organic content of local soils and prevailing wind directions. There are arguments that if all the ammonia that could be attributed to Rose acre were to fall on the adjoining wild life refuge there would be three teaspoons per acre and because of the high carbon content of local soils the available nitrogen in the ammonia is beneficial.
There are other demands within this NPDES permit renewal that apply only to Rose Acre. Rose Acre takes the position that if the State is going to apply the regulations to Rose Acre it should apply the same regulations to all poultry producers and not just to them. Among the eight unusual demands proposed by the State for the NPDES permit are that Rose Acre must submit feeding reports showing the composition of the feed, including protein, amino acid supplements, etc for each stage of the birds' life. Also, Rose Acre would have to monitor native and migratory bird populations. The State talks about bird diseases when the Rose Acre chickens are disease free as compared to wild birds.
Rose Acre has brought suit against the State of North Carolina for relief from these un-necessary regulations. That case is ongoing in District 2 Superior Court and is being heard by Judge Wayland J. Sermons, Jr.
Rose Acre would like to double the size of their Hyde County egg producing operations. This controversy has been on going for almost three years. Rose Acre cannot apply for permits to expand until this permitting issue is resolved. We sure could use the 150 new jobs, the additional market for our grain crops, the increased tax base and a good wholesome industry that produces eggs without damaging the environment.
This situation is being imposed on Rose Acre by the State of North Carolina, not by Hyde County and not by the Federal Government. The regulatory authority is the State of North Carolina. Governor Beverly Perdue is the chief executive officer of the State Government. She runs the Department of Environment and Natural Resources, also known as DENR. She hires the Director of DENR. DENR employees wrote the proposed NPDES permit that has stopped progress in Hyde County and denied us the150 new jobs.
At the end of the day there are no violations of the environmental laws or regulations at Rose Acre Farms in Hyde County. There is nothing in the law that allows the State to regulate scientifically un-proven environmental hazards. This is another example of the environmental religion saving us from the horrors of their self created pseudo scientific environmental hell.
Beverly (Governor Perdue), if you will get out of the hen house door, our job hunters will love you more than those three and one half million hens in Hyde County would love a new rooster.
The Farm Bureau video below shows how Rose Acres operates:
Go Back
The State of North Carolina is blocking 150 new jobs and otherwise trying to put a regulatory hammer lock on Rose Acre farms. This is another one of those stories that answers the question: How dumb can you be?
Rose Acre Farms, a commercial egg producer came to Hyde County more about six years ago and set up an egg producing operation that now has about three and one half million laying hens. They employ about 150 people from Hyde, Beaufort, Washington and Tyrrell Counties. They have been good citizens, paying a fair wage with benefits. They have a low turn over rate and are locally managed by a native of Beaufort County. They have not had a violation notice for any permit violation discharge into waters of the State. So what is there to complain about?
The bureaucrats with the State of North Carolina are trying to over regulate. We could spend a lot of time explaining all of the in's and out's of the regulatory process. We want to keep your interest so we will do the short explanation. The State is using the renewal of an NPDES (National Pollutant Discharge Elimination System) permit for water discharges to create new air quality standards for ammonia. Rose Acre does not have an Air Quality Permit and is not required to have an Air Quality Permit. The State of North Carolina reasons that some day Rose Acre may violate the as yet un-determined ammonia standard so they believe they have the right to include these unprecedented air quality requirements in the new water quality permit.
North Carolina includes ammonia on the list of air borne toxic substances. Otherwise it appears to be un-regulated chemical except in nutrient sensitive waters. Ammonia, in air, does not become toxic until concentrations are high near the point of burning or choking. We are talking about the same ammonia we buy and use as a household cleaner and to make blue prints. The human nose can detect the presence of ammonia at very low concentrations compared to the amount that would be toxic.
An NPDES permit is for
Rose Acre Egg Farm: Above.
The single most important question asked in an NPDES permit application has to do with whether or not you will be discharging any water that is not rain water run off. If there is no process water discharge, there is no need for a permit. Rose Acre, trying to be a good citizen obtained the original permit because they thought they were required to have the permit. Normally a new industry will fill out the application for a permit in order to establish whether or not they are required to have a permit. However, the regulators took advantage of Rose Acre and issued the permit so they could have more control. This is an excellent example of the abuse of regulatory powers. This trick has been used in other states. There are recent Federal District Court Cases from the Fifth and Second Circuit Courts of Appeal ruling that if there is no discharge there is no permit requirement.
The absence of discharged water should have settled the issue as ruled by the Federal Courts. North Carolina, as do most other states, enforces the EPA mandates in NPDES permits. So the real problem is that State environmental bureaucrats are imposing their own version of what they think the EPA really meant to say when they reworked the standards during their last five year review.
The Neanderthal mind set of the State is best presented with their argument that without the NPDES permit Rose Acre would be unregulated. This is both a condemning and defining statement about how our government intends to control all of us. Does there have to be a regulation on every thing? Have these knuckle dragging bureaucrats ever heard of the US Constitution and the Bill of Rights? No wonder we are scared of our government. Rose Acre is still regulated by their storm water permit, solid waste composting permit and the requirement that they cannot have a discharge without an NPDES permit.
Rose Acre has hired nationally recognized experts on ammonia and its behavior in both water and the air. Their science-based arguments rebut the allegations of the government employees who only have an opinion and have failed to prove any of their allegations. The scientific evidence supports the location of Rose Acre in Hyde County because of the high organic content of local soils and prevailing wind directions. There are arguments that if all the ammonia that could be attributed to Rose acre were to fall on the adjoining wild life refuge there would be three teaspoons per acre and because of the high carbon content of local soils the available nitrogen in the ammonia is beneficial.
There are other demands within this NPDES permit renewal that apply only to Rose Acre. Rose Acre takes the position that if the State is going to apply the regulations to Rose Acre it should apply the same regulations to all poultry producers and not just to them. Among the eight unusual demands proposed by the State for the NPDES permit are that Rose Acre must submit feeding reports showing the composition of the feed, including protein, amino acid supplements, etc for each stage of the birds' life. Also, Rose Acre would have to monitor native and migratory bird populations. The State talks about bird diseases when the Rose Acre chickens are disease free as compared to wild birds.
Rose Acre has brought suit against the State of North Carolina for relief from these un-necessary regulations. That case is ongoing in District 2 Superior Court and is being heard by Judge Wayland J. Sermons, Jr.
Rose Acre would like to double the size of their Hyde County egg producing operations. This controversy has been on going for almost three years. Rose Acre cannot apply for permits to expand until this permitting issue is resolved. We sure could use the 150 new jobs, the additional market for our grain crops, the increased tax base and a good wholesome industry that produces eggs without damaging the environment.
This situation is being imposed on Rose Acre by the State of North Carolina, not by Hyde County and not by the Federal Government. The regulatory authority is the State of North Carolina. Governor Beverly Perdue is the chief executive officer of the State Government. She runs the Department of Environment and Natural Resources, also known as DENR. She hires the Director of DENR. DENR employees wrote the proposed NPDES permit that has stopped progress in Hyde County and denied us the150 new jobs.
At the end of the day there are no violations of the environmental laws or regulations at Rose Acre Farms in Hyde County. There is nothing in the law that allows the State to regulate scientifically un-proven environmental hazards. This is another example of the environmental religion saving us from the horrors of their self created pseudo scientific environmental hell.
Beverly (Governor Perdue), if you will get out of the hen house door, our job hunters will love you more than those three and one half million hens in Hyde County would love a new rooster.
The Farm Bureau video below shows how Rose Acres operates:
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