310182_NOV-2021-PC-0192_20210318

DocuSign Envelope ID: 17F334BD-F364-4B41-AA97-0CA1 A99F27E0
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ivey Timothy Nethercutt
Limestone Creek Farm
1068 Dobson Chapel Rd
Magnolia, NC 28453
NORTH CAROLINA
Environmental Quality
March 18, 2021
Subject: Notice of Violation
Limestone Creek Farm #31-182
AWS310182
Duplin County
NOV-2021-PC-0192
Dear Mr. Nethercutt:
On March 12, 2021, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) noted during a compliance inspection multiple
violations.
As a result of this incident, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T
Section .1300, violations have been noted for a failure to conduct a sludge survey as well for
non -compliant freeboard levels and failure to report in accordance with your Certified
Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG100000 that you are covered to operate under.
Violation 1:
Failure to conduct an annual sludge survey in accordance with Condition IIL22 of Swine Waste
System General Permit No. AWG100000.
The facility last completed a sludge survey on 12-18-2019.
Required Corrective Action for Violation 1:
The facility should plan to complete a sludge survey once a year.
NODE
DepartmCAROLINA
ent of Environmental ouel�
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: 17F334BD-F364-4B41-AA97-0CA1 A99F27E0
Violation 2:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the
facilities Certified Animal Waste Management Plan. (Permit No. AWG100000 Section
V 2).
On March 12, 2021 during a routine compliance inspection, DWR WQROS staff observed
that your lagoon level was 18.5 inches in the waste lagoon, and that 16 inches had been
previously recorded in your freeboard log. The permitted level for these lagoons is 19.5 inches.
Required Corrective Action for Violation 2:
Follow the 30-day plan of action provided to the DWR. Take all necessary additional steps
to insure lagoon levels remain in compliance with Section (V2) of your permit.
Violation 3:
Failure to report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of the following events.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V2 of the General Permit (Permit No. AWG100000 Section III
17 e
The Division of Water Resources has no record of receiving the 24-hour notification and the
5-day written report. The DWR has no record of you reporting non -compliant lagoon levels
and ponded waste in your spray field prior to the inspection on March 12, 2021.
Required Corrective Action for Violation 3:
In the future, please notify the Division of Water Resources of the occurrence of any
reportable events in accordance with your permit
NODE
DepartmCAROLINA
ent of Environmental Uuel�
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: 17F334BD-F364-4B41-AA97-0CA1 A99F27E0
You are required to take any necessary action to address the above violation. Please include
in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment
of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with terms, conditions, or requirements of a permit under authority of
G.S. 143-215.6A
If you wish to provide additional information regarding the noted violations or discuss overall
compliance, please respond in writing within ten (30) business days after receipt of this Notice.
DWR will review your response and you will then be notified of any civil penalties that may be
assessed regarding the violations.
If you have any questions concerning this Notice, please contact John Perry at 910-796-7341 or
via email at [e-mail] or myself at [phone].
Sincerely, DocuSigti l ned by: yy
1-04gnY�ary'110n,
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche: 310182
Duplin County Soil and Water Conservation District
NODE
DeperhnCAROLINA
ent of Environmental Uuel�
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215