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
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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<.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