970008_NOV CEI_20020805

W ATF Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina' tment of Environment and Natural Resources
rAlan W. Klimek, P.E. Director
Division of Water Quality
O `C
August 5, 2002
CERTIFIED MAIL 7001 2510 00014778 5826
RETURN RECEIPT REQUESTED
Mr. Clifton Hutchinson
6501 Traphill Road
Traphill, NC 28685
SUBJECT: Notice of Violation
Compliance Inspection
Hutchinson Dairy, #97-08
Wilkes County
Dear Mr. Hutchinson:
This letter is to summarize the water quality concerns and violations observed during a June 24, 2002 .
compliance inspection performed by Division of Water Quality (DWQ) staff from the Winston-Salem Regional
Office. A copy of the final inspection report is enclosed for your review.
As we discussed during the inspection, there are four main issues that could/are affecting the water
quality in an unnamed tributary to East Prong Roaring River. The items described below are to be addressed
immediately and a written response to these items is expected within two weeks of receipt of this letter.
Your response is to include statements and specific descriptions as to how the following water quality concerns
have been/are to be addressed:
1. Six inches of animal waste was observed in an unnamed tributary to East Prong
Roaring River on the date of the inspection. ,Cattle were observed congregating at
both ends of the culvert that passes under Traphill Road, causing manure and
sediment to accumulate in these areas. It appears that the surface water passing
through the culvert is picking up much of the manure and sediment and depositing it
downstream. Approximately 1300 feet of stream has been impacted by your
operation. This is a violation of North Carolina General Statute (NCGS) 143-
215.10C, your Certified Animal Waste Management Plan (CAWMP), and deemed
permit. As suggested, the cattle should be excluded from the. stock trail except to
travel from the pasture to the milking parlor. The stock trail and culvert area needs to
be scraped and repaired immediately in order to avoid enforcement action.
2. On June 24, 2002, only 12 inches of freeboard was observed in the waste storage
structure located at the dairy on Traphill Road. This situation poses a serious threat to
the environment due to the potential for an unpermitted discharge to waters of the
State. This is especially concerning since the waste storage structure is only 80 feet
uphill from an unnamed tributary to East Prong Roaring River (Class C). Our records
also indicate that you were previously cited for an overflow violation that occurred in
August 2000. The waste level should be pumped to at least 18 inches below the top of
the concrete structure and the waste land -applied to an actively growing . crop
specified in your CAWMP.17
NCDENR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
/ 1 800 623-7748

0.
Hutchinson Dairy
August 5, 2002
Page 2
3. Per soil test results reviewed during our inspection, at least four of your application
fields have a copper index above 3000. Per NCGS 143-215.10C you must cease
application of animal waste on these fields and seek alternative crop sites for
application of animal waste. We were not able to determine specifically which tracts
and fields are affected from the sample identification on the soil test result. Your
written response to our office is to include a list of those tracts and fields having a
known copper index above 3000. We urge you to continue working with the Wilkes
County Soil and Water Conservation District/Natural Resource Conservation Service
(SWCD/NRCS) regarding appropriate waste application locations and procedures.
4. Your CAWMP is written for 80 cattle with 90-day storage. Since at least 71 milk
cattle were observed on pasture, this would indicate that animal waste had been
applied within the last three months. Per statements made to DWQ staff, you stated
that animal waste had not been applied since December 2001_ Additionally, no animal
waste application records were available during the inspection for the December 2001
application events. Failure to make waste application records available is a
violation of NCGS 143-215.1OC, your CAMFW, and deemed permit. A
completed application form was submitted on your behalf by the Wilkes County
SWCD/NRCS and received by our office on June 28, 2002. Your response to our
office is to include a copy of a waste analysis taken within 60 days of application. A
copy of your most recent waste analysis should also be submitted.
Please address your prompt response to my attention at the address listed on this letterhead. if you have
any questions regarding this Notice, please contact Melissa Rosebrock or me at 336.771.4600.
Sin�y,
Steve Mauney
Acting Regional Water Quality Supervisor
Enclosure
cc: DWQ - Non -Discharge Compliance and Enforcement Unit
Wilkes County SWCD/NRCS
Marlene Salyer —DSWC WSRO
Rocky Durham — DSWC MRO
Winston-Salem Regional Office Facility Files
Central Files

O�O�WAT�RQG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina rtment of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 9, 2002
Sheriff Dane Mastin
Wilkes County Sheriff's Office
Wilkes County Jail
Wilkesboro NC 28697
SUBJECT: NOTICE OF SERVICE
Clifton Hutchinson
Dear.Sheriff Mastin:
Please serve the attached Notice of Violation as follows:
Clifton Hutchinson
Hutchinson Dairy
6501 Traphill Road
Traphill, NC 28685
It is our understanding that because we are a State agency, no fee is required for this
service. We would appreciate your returning the completed Return of Service form in -the return
envelope provided herein.
The Water Quality Section appreciates this assistance from your department.
If you should have any questions or require additional information, please contact Melissa
Rosebrock at (336) 7714600.
Sincerely,
'j
Steve Mauney
Acting Water Quality Supervisor
MR/vm
Attachments
cc: WSRO
N. C. Division of Water Quality/water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone]
r*A
NCUENR
Customer Service
1 800 623-7748

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the Day of
2002, and together with the Notice of Violation was served as follows:
on the day of ,
2002, at the following place:
(Fill .in address where copy delivered)
(Serving Officer)
Check one of the following:
- -Personally delivering copies to the named individual;
Left with , who is a person of suitable age -discretion and
who resides in the named individual's dwelling house or place of business.
If not served on'the named individual, state reason:
(Sheriff Signature)
Fee $: Waived (State Agency)
Please return this form to:
Wilkes County Sheriff,
Paid by: N/A
NC Dept. Of Environment -and Natural Resources
Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107-2241
(Date)

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the 0 4— Day of
2002, and together with the Notice of Violation was served as follows:
on the 8-"—dayof Oc-644oL--
2002, at the following place: b S o 1 % ti e OL Ad ,
(Fill in address where copy delivered)
By: t �A
(Serving Officer)
Check one of the following:
Personally delivering copies to the named individual;
Left with " y-x.i-1,,ts— who is a person of suitable age discretion and
who esides in the named individual's dwelling house or place of business.
##############################################################################
If not served on the named individual, state reason:
(Sheriff Signature)
Fee $: Waived (State Agency)
Please return this form to:
Wilkes County Sheriff,
Paid by: N/A
NC Dept. Of Environment and Natural Resources
Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107-2241
(Date)