310182_NOV-2019-PC-0592_20190909

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7018 1830 0000 9509 8201
Ivey Timothy Nethercutt
1068 Dobson Chapel Rd.
Magnolia, NC 28453
NORTH CAROLINA
Environmental Quality
September 9. 2019
Subject: Notice of Violation
Limestone Creek Farm #31-182
AWS310591
Duplin County
NOV-2019-PC-0592
Dear Mr. Nethercutt:
On July 19, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a compliance inspection at your facility and
discovered a violation.
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, you have failed to conduct a calibration 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 obtain an irrigation calibration in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition II.24. of Swine Waste System General
Permit No. AWG 100000.
D_I low
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

On July 17, 2019, a compliance inspection was completed, and the facility failed to provide a
current calibration of the irrigation equipment. A calibration is due once every two years. The
last calibration was completed June 24, 2016.
Required Corrective Action for Violation 1:
Please complete an irrigation calibration in 2019. Take all necessary additional steps to insure a
calibration is completed once every two years.
You are required to take any necessary action to address the above violation. 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 30 days of receipt of this letter. 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 have any questions concerning this Notice, please contact me at [phone].
Sincerely,
Pow T el
Robert Tankard
Assistant Supervisor
Water Quality Regional Operations
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Duplin County Soil and Water Conservation District
NCDSWC - WaRO
WiRO Laserfiche Files
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481