310182_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 30, 2009
CERTIFIED MAIL - #7006 2150 0003 5467 3982
Mr. Ivey Timothy Nethercutt
Limestone Creek Farm
PO Box 702
Kenansville, NC 28349
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 31-0182
Duplin County
File No. PC-2009-0082
Permit No. AWS310182
Dear Mr. Nethercutt:
This letter transmits notice of a civil penalty assessed against Ivey Timothy Nethercutt in the
amount of $2081.33, which includes $81.33 in investigative costs. Attached is a copy of the .
assessment document explaining this penalty.
Dee Freeman
Secretary
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of.
Miressa D Garoma QUU 04 200g
DWQ $I':
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleyh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleyh, North Carolina 27604
Phone: [phone] FAX 1: 919-715-0588 FAX 2: 919-715.60481 Customer Service: 1-877-623-6748
Internet: vnnv.ngvatemuaIh.oro
NorthCarolina
Naturally
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Ivey Nethemutt
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator,
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of Water Quality will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions
for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the

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Ivey Nefhemutt
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail. or hand deliver a copy to:
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional
penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
.Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Charles Stehman, Wilmington APS Regional Supervisor w/ attachments
Amanda Gains, Wilmington APS Regional Office w/ attachments
File # PC-2009-0082 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment

w
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
IVEY TIMOTHY NETHERCUTT
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM GENERAL
PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2009-0082
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of
the Aquifer Protection Section of the Division of Water (DWQ), make the following:
I. FINDINGS OF FACT:
A. Ivey Timothy Nethercutt owns and operates the Limestone Creek Farm, a permitted
swine animal feeding operation in Duplin County.
B. Ivey Timothy Nethercutt was issued Certificate of Coverage AWS310182 under Swine
Waste Management System General Permit AWG100000 for the Limestone Creek Farm
on October 1, 2004, effective upon issuance, with an expiration date of September, 30
2009.
C. Condition No. M. 5. of the General Permit AWG100000 states in part that "An analysis
of the animal waste shall be 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 and after) of the date of application."
D. Condition No. M. 2.a of the General Permit AWG100000 states in part that, "The waste
level in each lagoon with a waste level gauge shall be monitored and recorded weekly on
forms supplied by or approved by the Division"
E. Condition II. 12. of the General Permit AWG100000 states in part that, "At the time of
sludge removal from a lagoon/storage pond, the sludge must be managed in accordance
with the CAWMP."
F. DWQ staff from the Wilmington Regional Office inspected Limestone Creek Farm on
March 19, 2009 and found that irrigation had occurred on the farm and the waste
analyses in the records were inadequate. Ivey Timothy Nethercutt has been notified on
three previous inspections (July 2005, April 2006, and June 2007) that his waste analyses
were not meeting the permit requirements.

I*.
G. On March 19, 2009, it was discovered that the waste level of the lagoon had not been
recorded since the week of October 12, 2008.
H. On October 31, 2008, the Division of Soil and Water Conservation noted that a sludge
removal was in progress. On March 19, 2009, it was discovered that there was no record
of the sludge removal, and no records related to land application of the sludge.
DWQ responded by issuing the facility a Notice of Intent to Enforce on April 22, 2009.
J. The costs to the State of the enforcement procedures in this matter totaled $81.33.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Ivey Timothy Nethercutt is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S.143-212(4)..
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to conduct waste analyses within sixty days of the date of
application violated Condition No. III. 5. of the General Permit.
D. The above -cited failure to record weekly freeboard levels violated Condition No. III. 2.a
of the General Permit.
E. The above -cited failure to produce records to show sludge removal was managed in
accordance with the CAWMP violated Condition IL 12. of the General Permit.
F. Ivey Timothy Nethercutt may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Ivey Timothy
Nethercutt pursuant to G.S. 143-2153(a)(9) and G.S. 143B-282.1(b)(8).
H. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Accordingly, Ivey Timothy Nethercutt, owner of Limestone Creek farm, is hereby assessed a
civil penalty of:
$ 81.33
for violating Condition No. III. 5. of the General Permit AWG100000 by
failing to conduct waste analyses within sixty days of the date of
application
for violating Condition No. III. 2.a of the General Permit AWG100000
by failing to record freeboard levels weekly on forms supplied by or
approved by the Division
for violating Condition No. II. 12. of the General Permit AWG100000
by failing to produce records to show sludge removal was managed
according to the CAWMP
Total Civil Penalty
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the
factors listed in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) eodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality