310692_NOV-2022-PC-0183 NOI_20220330

DocuSign Envelope ID: F0E75C57-39D9-478B-A9ED-85525DD956F3
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT
REQUESTED CM#
Eugene Nethercutt
Liberty Farm
PO Box 234
Kenansville, NC 28349
NORTH CAROLINA
Environmental Quality
March 30 2022
Subject: Notice of Violation - Notice of Intent
Liberty Farm
AWS310692
Duplin County
NOV-2022-PC-0183
Dear Mr. Nethercutt:
On March 1, 2022 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), noted multiple violations during your compliance
inspection.
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 calibrate irrigation equipment
and for failing to provide a waste analysis for the waste to be applied 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 calibrate irrigation equipment in accordance with Condition II.26. of Swine Waste
System General Permit No. AWG100000.
There is no evidence of any calibration since 2015 in the facility's records. An inspection from
2020 notes that Amanda Hatcher did a calibration in 2019, with no copy of the form in the
records. There is no record of a calibration being performed since then.
Required Corrective Action for Violation 1:
The facility should calibrate irrigation equipment at least once every two calendar years.
AROLINA '
omm ep..orEMr nment o�.i
DE
NORTH C
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: F0E75C57-39D9-478B-A9ED-85525DD956F3
Violation 2:
Failure to provide an analysis of a representative sample of the animal waste to be applied,
conducted in accordance with recommended laboratory sampling procedures as close to the time
of application as practical and at least within sixty (60) days (before or after) of the date of
application. Every reasonable effort shall be made to have the waste analyzed prior to the date of
application and as close to the time of waste application as possible, per Condition III.5. of
Swine Waste System General Permit No. AWG100000.
There were 5 spraying events that occurred without the coverage of a valid waste analysis.
Required Corrective Action for Violation 2:
The facility should plan to obtain an analysis of a representative sample of the animal waste to be
applied, conducted in accordance with recommended laboratory sampling procedures, as close to
the time of application as practical and at least within sixty (60) days (before or after) of the date
of application.
You are required to take any necessary action to assure that the above violations do not
re- occur in the future. You are required to provide a written response to this Notice,
including any additional information that you wish to provide related to this incident that
you wish for the Division to consider, within 10 days of receipt of this letter.
As a result of the violations in this Notice, this office is considering a recommendation for a
civil penalty assessment to the Director of the Division. If you wish to present an explanation
for the violations cited, or if you believe there are other factors, which should be considered,
please send such information to me in writing within ten (10) days following receipt of this
letter. Your response will be reviewed, and, if an enforcement action is still deemed
appropriate, it will be forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of
enforcement action, to the Director of the Division of Water Resources 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 have any questions concerning this Notice, please contact Jennifer Ryan at 910-796-7387
or via email at [e-mail] or myself at [phone].
D_E
NORTH CARCLINA
gaparMeM of Environment,/quay
Sincerely,
EDocuSigned by:
Toµ 1)narrrIAoA.
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: F0E75C57-39D9-478B-A9ED-85525DD956F3
cc: DWR - WQROS - CAFO Unit — Central Office
Duplin County Soil and Water Conservation
310692 Laserfiche
DE
NORTH CAROLINA
gaparhneM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000