310182_NOV-2022-PC-0185 NOI_20220330

DocuSign Envelope ID: 667F745D-A3E0-4123-B954-AEFCE149D021
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT
REQUESTED CM#
Ivey Timothy Nethercutt
Limestone Creek Farm
1068 Dobson Chapel Rd
Magnolia, NC 28453
NORTH CAROLINA
Environmental Quality
March 30 2022
Subject: Notice of Violation and Notice of Intent
Limestone Creek Farm
AWS310182
Duplin County
NOV-2022-PC-0185
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,
for failing to provide a waste analysis for the waste to be applied, failure to provide a valid
soil analysis, and failure to provide the facility's CAWMP 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 a recent calibration in the facility's records, and there is an unclear
record history of calibrations since 2016.
Required Corrective Action for Violation 1:
The facility should calibrate irrigation equipment at least once every two calendar years.
GDE
NORTH C OLI JA '
omm mr� ep..of o�.i
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: 667F745D-A3E0-4123-B954-AEFCE149D021
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 multiple 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.
Violation 3:
Failure to provide a representative Standard Soil Fertility Analysis, including pH, phosphorus,
copper, and zinc, shall be conducted at least once every three (3) years on each application field
receiving animal waste per Condition III.4. of Swine Waste System General Permit No.
AWG1 00000.
There is no record of a current, valid soil analysis.
Required Corrective Action for Violation 3:
The facility should complete a soil analysis every three calendar years and have it available at the
facility.
Violation 4:
Failure to maintain and provide a copy of the facility's CAWMP to have readily available at the
facility where animal waste management activities are being conducted, per Condition III.15. of
the Swine Waste System General Permit No. AWG100000.
The facility did not have a copy of the CAWMP readily available.
Required Corrective Action for Violation 4:
Provide a copy of the facility's CAWMP and have it readily available at the facility.
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
DE
NORTH CAROLINA
gaparMeM 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

DocuSign Envelope ID: 667F745D-A3E0-4123-B954-AEFCE149D021
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].
Sincerely,
[DocuSigned by:
TOM- 1)Ao.,-relOA,
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Wilmington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Duplin County Soil and Water Conservation
310182 Laserfiche
D_E
NORTH CARCLINA
gaparhneM of F,MrnnmanW 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