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HomeMy WebLinkAbout710097_HISTORICAL_20171231NUHTH CAHOLI NA Department of Environmental Quaff Water Resources ENWIZONMENTA: QUALITY August 30, 2016 Michael Craig Debase Debose Nursery 5216 Park Ave Wilmington, NC 28403 RECEIVEMCDENR/M PAT MCCRORY vovernor SEP 19"I ND R. VAN DER VAART secretary Water Quality Regionag, JAY ZIMMERMAN Operations Section Wilmington Regional Office Direrror Re: Renewal of the Expired Permit Permit No.: AWS710097 Pender County Dear Michael Craig Debose: Your facility was approved for operation under one of the Animal Waste Operation Individual Non - Discharge Permits, which expired on 10/l/2004. Our records indicate that the Division has not received from you a completed renewal application form to date. In order to maintain coverage under the current Permit, please complete one of the following actions: 1. Please indicate if your facility is depopulated and the lagoon(s) or storage pond(s) at your facility have been properly closed according to the NRCS standards. In that case, you may send us a written request to rescind this permit by submitting a completed Lagoon & Waste Storage Pond Closure Form. A blank copy of the form can be found at: httn:Hdeo.nc. izov/about/divisions/water-resources/water-resources-permits/wastewater-branch/animal- feedin -o eration- ermits/re ortin -forms 2. Please submit a renewal application form that must be completed, signed and returned to this office. Please include two (2) copies of your most recent Waste Utilization Plan along with the field maps, if your facility is still active. The renewal application form for the State or NPDES Individual Permit for Existing Operations can be found at: h ://de .nc. ov/about/divisions/water-resources/water-resources- ermits/wastewater-branch/animal- feeding-operation-permits/applications 3. If you area cattle facility that has gone below the threshold animal numbers (< 100), you may request the rescission of your permit provided if the average size of the confined cattle herd at the cattle facility, calculated on an annual basis during the three years prior to the request for rescission, is less than one hundred confined cattle. Please submit the requested information within thirty (30) days of receipt of this letter to the following address: NCDENR—DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 _ Telephone number: (919) 807-6464 Continued... State of North Carolina i Environmental Quality I Water Resources 1636 Mail service Center j Raleigh, North Catalina 27699-1636 919 807 6464 Failure to request renewal of your coverage under a permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about this request, please feel free to contact me at 919-807-6341. Sincerely, IMAZ J. R. Joshi, Soil Scientist Animal Feeding Operations Program cc: Wilmington Regional Office, Water Quality Regional Operations Section Pender County Soil and Water Conservation District WQROS Unit Central Files - AWS710097 A14YI NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory y John E. Skvada, III Govemor Secretary November 17, 2014 1:� G E I V E CERTIFIED MAIL 7010 0780 0001 7057 4788 RETURN RECEIPT REQUESTED NOV 18 20% Michael Craig Debose BY: — Debose Nursery 5216 Park Ave Wilmington, NC 28403 Re: Notice of Deficiency- NOD-2014-OP-0020 Failure to Apply for Renewal of Expiring State General Permit Permit #: AWS710097 Pender County Dear Michael Craig Debose: Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits, which expired on September 30, 2014. The State Non -Discharge General Permit, Condition V.9 states: `If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be filed at least .180 days prior to the expiration of the General Permit_' In order to assure your continued coverage under the State Non -Discharge General Permits, the Division of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the Division in a letter written on March 3, 2014. However, our records indicate that the Division has not received an application form from your facility. The form was due April 1, 2014. To avoid possible enforcement action for a violation of your permit, please submit your application within thirty (30) days of receipt of this letter to the following address: NCDENR—DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 807-6464 Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit." The application form must be completed; signed and returned to DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps._ 1636 Mail Service Center, Raleigh, Noah Carolina 21699-1636 Phone: 919-80r-64641Internet httn:llwvuw.ncdenr.gav/ An Equal opportunity'; Affirmative Aclion Employer -.Made in part by recycled paper 1. If your facility was never built, please indicate so on the application and request to be removed from the permitted list. s 2. If your facility is depopulated and you are waiting to close the lagoon, please send a separate letter requesting a "zero animals" permit until such time as the lagoons are properly closed according to the MRCS standards and the permit is rescinded. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty_ Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807- 6464. Sincerely, :I• Debra Watts Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures - cc (w/o enclosures): Wilmington Regional Office, Water Quality Regional Operations Section Pender County Soil and Water Conservation District WQROS Unit Central Files - AWS710097 LTIFAA �CDEN� North Carolina Department of Environment and Natural Resources Division of Water Quality Bevedy Eaves Perdue Coleen H. Sullins Govemor Director July 31, 2009 Michael Craig Debose Debose Nursery 5216 Park Ave Wilmington, NC 28403 Subject: Application for Renewal of Coverage for Expiring State General Permit Dear Permittee: Dee Freeman Secretary This is a follow-up to our March 3, 2009 letter requesting an application from your facility for the continued coverage under one of the Animal Waste Operation State Non -Discharge General Permits. Current General Permits expire on September 30, 2009. Copies of the new General Permits are available at http://h2o.enr.state.nc.uslaps/afoulapplications.htm or by writing or calling: NCDENR — DWQ Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 In order to assure your continued coverage under the State Non -Discharge General Permits, you must submit an application for permi# coverage to the Division. Enclosed you will find a `Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit,' The a lication form must be corn leted and returned by September 3 2009. Please note ou must include two (2) copies of your most recent Waste Utilization Plan with the application form Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to S25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Unit staff at 919-733-3221. Sincerely, Ted L. Bush, Jr., Chief Aquifer Protection Section Enclosures cc (w/o enclosures): Pender County Soil and Water Conservation District Wilmington Regional Office, Aquifer Protection Section AFO Unit Central Files - 710097 $ AUG 0 4 2(lQ� BY: AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 One 7 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 NorthCarollna Phone: 919-733 3221 1 FAX 1: 919-71 M5M FAX 2: 919-715-6048 t Customer Service: 1-877-623-6748 'J�'�a��� �� Internet: www.nmaterauality.org �/ An Equal OpporluniTy l Affirmative Action Employer 0� CERTIFIED MAIL RETURN RECEIPT REQUESTED MICHAEL CRAIG DEBOSE 5216 PARK AvE WILNIINGTON NC 28403 Dear Michael Craig Debose: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 26, 2003 Subject: Notice of Violation and Revocation for Nonpayment Debose Nursery Permit Number: AWS710097 Pender County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/27/1997. Your annual permit fee for the period of 3/27/2003 - 3/26/2004 is $50.00. Your payment was due 5/1112003, Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, Alan W. Klimek, P.E. cc: Non -Discharge Branch Compliance/Enforcement Unit Wilmington Regional Office Pender County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5063 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper ,State of North Carolina Department of Environment -�r and Natural Resources Division of Water Quality J!� 0 2002 8 Michael F. Easley, Governor Uu William G. Ross Jr., Secretary "-`-------- -- ---------- Gregory J. Thorpe, Ph.D., Acting Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MICHAEL CRAIG DEWSE 5216 Panic Avi: WILMINGToN NC 28403 Dear Michael Craig Debose: F"RWA k t 0 0 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 31, 2002 Subject: Notice of Violation and Revocation for Nonpayment Debose Nursery Permit Number: AWS710097 Pender County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/27/1997. Your annual permit fee for the period of 3/27/2002 - 3/26/2003 is $50.00. Your payment was due 5/11/2002. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-2 15.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, Grego e, Ph.D. cc: Non -Discharge Branch Compliance/Enforcement Unit CWilmington Regional.Office] Pender County Health Department Permit File 16W Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 110% past -consumer paper State of North Carolina Department of Environment— g • • -and-Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary 31jN 2 ' '051 NCDENR NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director ENVIRONMENT ANo NATURAL RESOURCES BY• June 18, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED MICHAEL CRAIG DEBOSE 5216 PARK AvE WILMINGTON NC 28403 Subject: Notice of Violation and Revocation for Nonpayment Debose Nursery Permit Number: AWS710097 Pender County Dear. Michael Craig Debose: In accordance with North Carolina General Statute 143-215.1OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/27/1997. Your annual permit fee for the period of 3/27/2001 - 3/26/2002 is $50.00. Your payment was due 5/9/2001. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit. pursuant to 15 NCAC 2H .0205 (c) (4). and G-S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. . Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, Kerr T. Stevens cc: Non -Discharge Branch Compliance/8nforcement Unit Wilmington Regional Office Pender County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MICHAEL CRAIG DEBOSE 5216 PARK AVE WILMINGTON NC 28403 Dear Michael Craig Debose: JUN 2 1 2000 Y' Z� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 19, 2000 Subject: Notice of Violation and Revocation for Nonpayment Debose Nursery Permit Number: AWS710097 Pender County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/27/97. Your annual permit fee for the period of 3/27/2000 - 3/26/2001 is $50.00. Your payment was due 5/6/2000. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from. receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Y Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Since ely, Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Wilmington-Regionai Office) Pender County Health Department t ' Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper State of North Carolina Department of Environment, and Natural Resources Division of Water Quality JAN 0 3 2000 James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Michael Craig Debose Debose Nursery 5216 Park Ave Wilmington NC 28403 Dear Michael Craig Debose.- I Rk'?W'J T 0 5D] A&4 -RCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 71-97. Pender County - This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludgeslmsiduals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, Z�4Kerr T. Stevens, Director Division of Water Quality cc: Wilmington Regional Office Pender County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources ` � e Division of Water Quality JUN 11 zsss James B. Hunt, Jr., GovernorY: Wayne McDevitt, Secretary Kerr T. Stevens, Director June 8, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael Craig Debose 5216 Park Ave Wilmington NC 28403 A' NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Notice of Violation and Revocation for Nonpayment Debose Nursery Permit Number: �AWS� 7100� Pender County Dear Michael Craig Debose: In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/27/97. Your annual permit fee for the period of 3/27/99 - 3/26/2000 is $50.00. Your payment was due 516199. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day_ Your payment should be sent to- N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office P.O. Box 29535 Raleigh, North Carolina 27626-0535 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, Kerr T. Stevens cc. Non -Discharge Branch Compliance/Enforcement Unit Wilmington Regional Office Pender County Health Department Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper State of North Carolina00 Department of Environment0 'Ir and Natural Resources 7 7IT7 T, Division of Water Quality - - �'! AUG 2 0 1998 James & Hunt, Jr., Governor �_ Wayne McDevitt, Secretary F NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAMRA!_ RESOURCES July 31, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Michael Craig Debose Debose Nursery 5216 Park Avenue Wilmington, NC 28403 Subject: Notice of Intent to Revoke Permit Permit Number AWS710097 Pender County Dear Mr. Debose: The subject facility was issued a Certificate of Coverage (COC) on March 27, 1997 authorizing the construction and operation of a new swine waste management system. You were notified on October 17, 1997 and also on June 1, 1998 regarding changes in the Swine Farm Siting Act and advised to notify us of the status of construction and siting changes of the facility.. Our records show that you have received both of our previous letters but have not responded to those letters to date. In accordance with the requirements of NCAC 21-1.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Water Quality intends to revoke your permit unless you submit documentation that the facility was under construction prior to August 27, 1997 or a revised Certified Animal Waste Management Plan is submitted to reflect the new siting requirements. If you have questions or comments concerning this matter, please contact Sue Homewood of our staff at 919-733-5083 extension 502. Sincerely, A. Preston Howard, Jr., P Cc: Dan Oakley, Attorney General's Office LWilrriington_Regional-Of ice; Water Quality -Section Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director MEMORANDUM TO: Dr. Jack Griffith, Pender County Health Dept. FROM: David Holsinger 4 AID NCDENR NORTH CAROLINA 0aF-ARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 29, 1998 As per your request, please find attached information regarding the permitting of "New" animal operations in Pender County. I would remind you that this information is sensitive and we ask that you exercise all caution to make sure that the provided information is not used in a way that could adversely affect the progress of the Division's animal waste management program. If you have any further questions, please feel free to contact me at (910) 395-3900. ATTACHMENT: cc: Wilmington files S:\WQS\DAVEMAF0INF03.MF-M 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Pender Proposed Mailing List 6/29/98 County #i Facifily# 71 97 71 98 71 100 71 102 71 103 Farm Name Address Debose Nursery 5216 Park Ave Kickup Nursery #1 4884 Slocum Trail King Farms 126 Garland King Road NC Wolf Sow PO Box 759 Skinner Farm PO Box 759 CityState Wilmington NC Atkinson NC Teachey, NC Rose Hill NC Rose Hill NC Number of Applications: Do Not Send 5 1 MIN Facility Number Permit: Number r�' s EMM `Zip�Co`�e Pl e Location, �. eg�on: Regional Supervisor Original Issue Date Import Date APP�•.T�-ac g ZP n-F eer-ord is ae sg raig Ce o� s � k-.�x�.z "sY. z. b�����.. ; �✓ ' r} = e.1��3.� �Gv�- '.•-Sr �- t' d�"''r�t enera ew �n Ana g ice ewan o` w s i - r - . 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' `'s "�"t.F�-"'�c.».�.�a�:�:-:a+n T '-�,�.e_� �.-.�.-��w».:=. ^_ �..:.=»--�r, se�L ,s- x ,:.a :a.ar.�s.m�•,nr� � ..,.-: ..�"�`_ » .�"�"� ,sm. _,`. ff odayl Ds ate>- 129 C& &14W =Tracking. Facility Number - Permit Number A'd�d s Ci�°ySta Pho Lo fion �Regt Regional Supervisor Original Issue Date awFirs�-Name' o n �Co n#y Elm Import Date M� IQt Recv sPr�n Region Li P ant CourtyLis ,.�� Facility Number Permit Number = >=M Farm�Name Regio r ' g Regional Supervisor anagersName 02�=p�I.Tlrij( nnf T ord nce Y ra,ig �O vday„ 'ems' -��te� 129198:,.� z Vie` _ifs. Facility Number Permit Number Regional Supervisor Original Issue Date OwnerkFirsName wm�� I Import Date J5 f3enerair E plat 15 re-iSSL eloVZ ehcateToMoveragerqo Cgrevise genera j*'permit�sj n =7 V-T- ;,; 17, LM-P, I ==TTb-CKq% Facility Number Permit Number Regional Supervisor QwnerasName 401�- M-2229--j Import Date urp rye: amp y M,,n erg State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., June 1, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael Craig Debose Debose Nursery 5216 Park Avenue Wilmington, NC 28403 Dear Michael Craig Debose: 14 • • D E N R Subject: Debose Nursery Farm COC No. AWS710097 Pender County, NC The subject facility was issued a Certificate of Coverage (COC) on March 27, 1997 authorizing the construction and operation of a new swine waste management system. You were sent a letter (attached) on October 17, 1997 regarding changes in the Swine Farm Siting Act (Siting Act) and advised to make changes to the Certified Animal Waste Management Plan to reflect these changes and submit for approval. Our records show that you have received the October 17, 1997 letter but have not officially responded to that letter to this date. You are once again requested to submit by July 1, 1998998 a notification to this office whether the farm was under construction on or before Aug. 27, 1997. If the farm was not under construction on or before Aug. 27, 1997, then a revised Certified Animal Waste Management Plan must be submitted to reflect the new siting requirements. Construction not in compliance with the Siting Act.is a violation of State Statutes and could result in revocation of permit. If you have any questions or comments concerning this matter, please contact Sue Homewood at (919) 733-5083 extension 502 or me at extension 540. Since "1 �/ Kim H. Colson, P.E., Supervisor Non -discharge Permitting Unit cc: Wilmington Regional Office, Water Quality Section Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 41#& State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., NINO • • o l- r b Michael Craig Debose 5216 Park Ave Wilmington NC 28403 Dear Michael Craig Debose: Director RECEIVED • JUN U 1 1998 Af BY: NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL_ RESOURCES May 28, 1998 Subject: Notice of Violation and Revocation for Nonpayment Debose Nursery Permit Number: AWS710097 Pender County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/27/97. Your annual permit fee for the period of 3/27198 - 3/26/99 is $50.00. Your payment was due 518/98. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to- N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office P.O. Box 29535 Raleigh, North Carolina 27626-0535 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincer y A. Preston Howard, Jr., P. . P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr-, P.E., Director June 26, 1998 Michael Craig Debose Debose Nursery 5216 Park Ave Wilmington NC 28403 f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Reissuance of Certificate of Coverage No.AWS710097 Debose Nursery Swine Waste Collection, Treatment, Storage and Application System Pender County Dear Michael Craig Debose: The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to this facility on March 27, 1997. In accordance with the issuance of the revised General Permit, we are forwarding this Certificate of Coverage (COC) to Michael Craig Debose, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Debose Nursery, located in Pender County, with an animal capacity of no greater than 2600 Wean to Feeder and the application to land as specified in the Certified Animal Waste Management PIan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void COC No AWS710097 dated March 27, 1997. The COC.shall hereby incorporate by reference any specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition III.1 regarding inspection frequency of the waste treatment, storage and collection system and Condition III.6 regarding notification requirements for system failures, spills and emergencies. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215,6A through 143-215.6C including civil penalties, criminal penalties, and injunctive. relief. P.O. Box 29535, Raleigh, North Carolina 27626-0535 ' Telephone 919-733-7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS710097 Debase Nursery Page 2 Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed.below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information conceming this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sincerely, for A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Pender County Health Department Wilmington Regional Office, Water Quality Section Pender County Soil and Water Conservation District Permit File State of North Carolina , Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 17, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael Craig Debose 5216 Park Ave Wilmington NC 28403 IF %ftm DEHNR Subject: Debose Nursery COC No. AWS710097 Pender County Dear Michael Craig Debose: The subject facility was issued a Certificate of Coverage (COC) on 3/27/97 .authorizing the operation of the animal waste collection, treatment, storage, and land application system in accordance with General Permit No. AWG 100000. On Aug. 27, 1997 Governor Hunt signed into law the Clean Water Responsibility Act. The Clean Water Responsibility Act included several changes to .the Swine Faun Siting Act (Siting Act) including the requirement that all set back distances, be met for any swine lagoon or swine house for which construction commences on or after the effective date of the Clean- Water Responsibility Act (Aug. 27, 1997). Before the Siting Act was amended, it required the set back distances be met at the time the.swine house or lagoon was sited. The change in siting requirements may apply to your farm since - construction may not have commenced . by the effective date of the Clean Water Responsibility Act. Your farm was permitted prior to the effective date of the Clean Water Responsibility Act; therefore, you meet one of the exceptions to the moratorium. However, the farm must be re-evaluated and, if necessary, re -designed to meet the new requirements of the Siting Act to remain covered under the General Permit. Within 15 days of the date of this letter, you are requested to submit, notification to the Division of Water Quality whether the farm was under construction on or before Aug. 27, 1997. If the farm was not under construction on or before Aug. 27, 1997, then a revised Certified Animal Waste Management Plan must be submitted to reflect the new siting requirements. Construction not in compliance with the Siting Act is a violation of State Statutes and the General Permit. If you have any questions or comments concerning this matter, please contact me at (919) 733- 5083 extension 540. -_ f Sincerely Kiln n, , u ervisor Non -discharge Permitting Unit cc: Wilmington Regional Office, Water Quality Section Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael Craig Debose 5216 Park Avenue Wilmington, NC 28403 Dear Michael Craig Debase: I ffl1.9;VA T 41 A& 0 r � T C) E N F1 December 10, 1997 REcEi Pro DEC I E W7 Subject: Debose Nursery COC No. AWS710097 Pender County, NC The subject facility was issued a Certificate of Coverage (COC) on March 27, 1997 authorizing the operation of the animal waste collection, treatment, storage, and land application system in accordance with General Permit No. AWG 100000. On Aug. 27. 1997 Governor Hunt signed into law the Clean Water Responsibility Act. The Clean Water Responsibility Act included several changes to the Swine Farm Siting Act (Siting Act) including the requirement that all set back distances be met for any swine lagoon or swine house for which construction commences on or after the effective date of the Clean Water Responsibility Act (Aug. 27, 1997). Before the Siting Act was amended, it required the set back distances be met at the time the swine house or lagoon was sited. The change in siting requirements may apply to your farm since construction may not have commenced by the effective date of the Clean Water Responsibility Act. Your farm was permitted prior to the effective date of the Clean Water Responsibility Act: therefore, you meet one of the exceptions to the moratorium. However, the farm must be re-evaluated and, if necessary, re -designed to meet the new requirements of the Siting Act to remain covered under the General Permit. Within 15 days of the date of this letter, you are requested to submit, notification to the Division of Water Quality whether the farm was under construction on or before Aug. 27, 1997. If the farm was not under construction on or before Aug. 27, 1997, then a revised Certified Animal Waste Management Plan must be submitted to reflect the new siting requirements. Construction not in compliance with the Siting Act is a violation of State Statutes and the General Permit. If you have any questions or comments concerning this matter, please contact me at (919) 733- 5083 extension 540. Sincerely, :may Cotson, Sisor- Non-discharge Permitting Unit cc: Wilmington Regional Office, Water Quality Section Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5063 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director December 8, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael Craig Debose 5216 Park Ave Wilmington NC 28403 �A&LT.K;WA If 0 41 �EHNR lig"IIr" QED 15 190 Subject: Notice of Violation and Revocation for Nonpayment Debose Nursery Permit Number: AWS710097 Pender County Dear Michael Craig Debose: In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/27/97. Your annual permit fee for the period of 3/27/97 - 3/26/98 is $50.00. Your payment was due 11/13/97. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revolve the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215A and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment Health and Natural Resources Division of Water Quality Budget Office P.O. Box 29535 Raleigh, North Carolina 27626-0535 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerer, A.4Preston Howa�d,,Jr. -R.E:• , cc: Supervisor, Non -Discharge Permitting Unit Wilmington Regional Office Pender County Health Department P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper State of North Carolina Department of Environi and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Michael Craig Debose Debose Nursery 5216 Park Ave Wilmington NC 28403 Dear Mr. Debose: nt DEC 3 1 19977 3 . `• • C) E N F1 Subject: Classification of Animal Waste Management Systems Facility: Debose Nursery Facility ID #. 71-97 County: Pender Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study -Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge (OIC) by January 1, 1997, for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an OIC. A training and certification program is available for animal waste management system operators. For information on the training programs please contact your local Cooperative Extension Agent. Operator certifications are issued by the Water Pollution Control Systems Operators Certification Commission (WPCSOCC). For information on the certification process, please contact the Technical Assistance and Certification Unit at (919) 733-0026. The type of training and certification required for the operator of each system is based on the.nature of the wastes to be treated and the treatment process(es) primarily used to -treat the animal waste. There are two types of animal waste management systems, type A and type B. Type A animal waste management systems are generally used to treat waste generated by monogastric animals which produce a low -fiber waste. Type B animal waste management systems are generally used to treat waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and certification an operator receives should correspond with the type of system(s) they intend to operate. For more information on the classification of your system please contact the Technical Assistance and Certification Unit. As the owner of an animal operation with an•animal-waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must possess a currently valid certificate of the appropriate type. Sincerely, ly.'X• 0.N' Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cd/AW OIC Designation Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 Fax 919-733-1338 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper