970008_Assessment of Civil Penalties_20180207

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
February 7, 2018
MEMORANDUM:
To: Christine Lawson
From: Sherri V. Knight `C N U"'
Subject: Recommendation for Civil Penalty
Case #: DV-2018-0010
Clifton G. and Margie Hutchison (Hutchison Dairy)
AWD970008
Wilkes County
Please find attached, documents supporting the Winston-Salem Regional Office's request for a civil
penalty assessment against Clifton G. and Margie Hutchison for the application of animal waste which
resulted in a discharge to waters of the State.
Staff from the Winston-Salem Regional Office Division of Water Resources (WSRO-DWR) performed
an investigation on December 6, 2017 in response to a complaint alleging the run-off of animal waste
from parcel #1903529 owned -by Clifton G. and Margie Hutchison. Our investigation confirmed that
cattle waste had been applied and that waste had runoff the field into an unnamed tributary of East Prong
Roaring River.
We request that you initiate appropriate action from your office and forward the attached package to the
Director of the Division of Water Resources. The following items are being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Recent correspondence between the violator and DWR, including a copy of the NOV/NOI letter.
D) Photographs depicting the violations.
E) Maps.
F) Other supporting documents.
Please contact Melissa Rosebrock in our office at [phone] for any additional information you
may need.
Attachments
cc: _ ins i Ofc'ai+li= Fibs

Findings and Decisions
and
Assessment of Civil Penalties
Attachment A

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTALQUALITY
COUNTY OF WILKES FILE No. DV-2018-0010
IN THE MATTER OF )
CLIFTON G AND MARGIE HUTCHISON )
FOR VIOLATION OF ) FINDINGS AND DECISION
NCGS 143-215.1(a) ) AND ASSESSMENT OF
FOR MAKING AN OUTLET TO ) CIVIL PENALTIES
THE WATERS OF THE STATE )
OF NORTH CAROLINA )
WITHOUT A PERMIT )
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, Jon Risgaard, Chief of the Water Quality Regional Operations Section of Division of
Water Resources (hereby known as DWR), make the following:
I. FINDINGS OF FACT:
A. Per Wilkes County tax records, Clifton G. and Margie Hutchison own parcels 1903028,
1903529 and 1903637 located along Traphill Road in Wilkes County. Tax records
document that Hutchison Dairy, including the animal waste structure, is located on
property owned by Guy Vernon Hutchison (Parcel ID 1902695). The dairy is managed by
Derek Hutchison (January 18,,2018 letter to DWR).
B. Hutchinson Dairy is deemed permitted as a non -discharge facility in accordance with
Title 15A North Carolina Administrative Code (NCAC) Subchapter 2T Section .1303
(15A NCAC 2T .1303).
C. On December 6, 2017 DWR staff conducted a site investigation of the above referenced
parcels in response to a complaint alleging the run-off of animal waste from an
application field into surface waters. During the investigation, DWR staff documented
that animal waste from Hutchison Dairy had, and was continuing to discharge, from
parcel 1903529, into an unnamed tributary to East Prong Roaring River. This section
of water is classified as a Class C water within the Yadkin -Pee Dee River Basin.
D. Per onsite discussions with Derek and Clifton Hutchison, and Clifton Hutchison's
January 18, 2018 letter to DWR, there "was rainfall the night of the spill which turned out
to be more than anticipated..." The application of waste, malfunction of the application
equipment and rain, therefore, occurred the day before DWR was made aware of the
unpermitted discharge. The discharge of waste into waters of the State was occurring

when DWR arrived the next day (4:00pm on December 6, 2017). No efforts to contain,
abate, or reduce the discharge. were evident prior to DWR staff arrival. Upon request,
waste, was scraped back from surface waters, tilled -in, and covered with straw.
E. On December 6, 2017, DWR documented the deposition of up to four inches of sediment
and animal waste in unnamed tributary to East Prong Roaring River. Staff also observed
a waste odor in the same unnamed tributary.
F. North Carolina General Statute (hereby known as G.S.)143-215.1(a) states that: "No
person shall do any of the following things or carry out any of the following activities
unless that person has received a permit from the Commission and has complied with all
conditions set forth in the permit: Make any outlets into the waters of the State."
G. On January 2, 2018 DWR issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Clifton G. and Margie Hutchison for the unpermitted discharge of animal
waste into waters of the State. The NOV/NOI was sent Certified Mail and received by
Clifton Hutchison on January 16, 2018. The DWR Winston-Salem Regional Office
received Mr. Clifton Hutchison's response on January 22, 2018. Various other electronic
correspondence was received from Derek Hutchison from December 20, 2017 through
January 30, 2018.
H. The costs to the State of the enforcement procedures in these matters totaled $1,306.27.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Clifton G. and Margie Hutchison are "persons" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Clifton G. and Margie Hutchison may be assessed civil penalties in this matter 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) may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or
fails to act in accordance with the terms, conditions, or requirements of such permit or
any other permit or certification issued pursuant to authority conferred by this Part.
C. The State's enforcement costs in this matter may be as against Clifton G. and
Margie Hutchison pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
D. The- Chief of the Water Quality Regional Operations Section of Division of Water
Resources, pursuant to delegation provided by the Secretary of the Department of
Environmental 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:
III. DECISION:
Accordingly, Clifton G. and Margie Hutchison are hereby assessed a civil penalty of.
$ 3WC�°- for violation of G.S. 143-215.1(a). by causing the unpermitted
discharge of animal waste into waters of the State.
$ 1,306.27 Enforcement costs
$ q 30 0 - 2 7 TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at 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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Clifton G.
and Margie Hutchison, in accordance with G.S. 143-215.6(A)(d).
(Date) Jon Risgaard, Chief
Water Quality Regional Operations Section
Division of Water Resources

Assessment Factors
Attachment B

Assessment Factors
February 7, 2018
Violator: Clifton G. and Margie Hutchison
Owner: Clifton G. and Margie Hutchison
Region: Winston-Salem
Case Number: DV-2018-0010
1. The degree and extent of harm to the natural resources of the State, to public health or to
private property:
High levels of fecal coliform (see #3, below) is a public concern and can put anyone in contact
with the water at risk for contamination. The unpermitted discharge of waste into the unnamed
tributary to East Prong Roaring River impacted private land downstream since the. tributary
flows through land not owned by Clifton and Margie Hutchison.
2. The duration and. gravity of the violations:
Excessive ponding of cattle waste, hydraulic overloading, steep topography and lack of
vegetation along the stream contributed to the illegal discharge of waste from the application
field. Our investigation concludes that waste from Hutchison Dairy was spread on December 5,
2017. During application, the tank valve became "stuck" when Clifton Hutchison made a turn in
the lower part of the application field (which was also the area closest to the stream) which
caused excessive waste to accumulate within 50 feet of the stream.
Our office also concludes that the field received rain that night (12/5 and/or 12/06), causing
waste to run-off and discharge into East Fork Roaring River. Since the discharge was still
actively occurring on December 6, 2017, it is possible that the unpermitted discharge had been
occurring for about 12-17 hours. Prior to DWR's arrival, no efforts had been made to control,
abate, or lessen the discharge.
3. The effect on ground or surface water quantity or quality or on air quality:
Stream samples taken by WSRO staff indicate high levels of fecal coliform bacteria in the
water. The upstream result was 2,200 col/ 100mL. This could be attributed to surrounding cattle
activity. The discharge location measured 8,600 coU100mL whereas the downstream was
40,000 col/100mL. While the upstream result was higher than the water quality standard of 200
col/mL, it's clear that the discharge, and possibly the stock trail run off, had/is having an impact
on surface water.
WSRO staff also documented at least four inches of sediment and waste in the stream below the
discharge. Additionally, there was a strong animal waste odor downstream of the discharge.
There is no expected impact on water quantity due to the unpermitted discharge.
4. The cost of rectifying the damage:
At DWR's request, the manure was incorporated into the soil by the Hutchison's on the date of
our investigation and then a heavy layer of wheat straw placed over the disturbed soil/waste. If
wheat straw would have been purchased it would have cost about $113. The scraping and

Assessment Factors — DV-2018-0010
Hutchison
February 7, 2018
Page 2
incorporation of soil and waste was performed by the farm owner/staff so only the cost of fuel
should be considered. Clifton Hutchison states in his response letter that the valve "stuck" and
"was a minor fix," so there was probably little to no cost'involved in repair.
5. The amount of money saved by noncompliance:
There does not appear to be any actual money saved by applying waste too close to the stream,
or when rain is forecast. No money was saved by not abating the discharge since the owner had
access to equipment, soil, straw, etc. to help mitigate the unpermitted discharge.
6. Whether the violation was committed willfully or intentionally:
The regional office does not believe the valve malfunction, and subsequent spill and
accumulation of waste, to be intentional. However, failing to prevent or lessen the discharge
using an earthen berm, soil incorporation, scraper blade, straw, etc. is willful and negligent.
Prior to our investigation and requests, the violator made no attempt to abate the discharge.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
1997 — Evidence of past discharge (DWR Complaint Inspection).
1997 — Notice of Violation (NOV) for Failure to designate Operator in Charge (OIC).
1999 — NOV for inadequate waste pond storage and excessive vegetation on dam.
2000 — NOV for overflow of animal waste from the waste pond.
2000 — Memo to Kerr T. Stevens from Winston-Salem Regional Office recommending an
individual permit for Hutchison Dairy. A follow-up by WSRO in March and August 2000 failed
to result in the issuance of the requested permit.
2002 — NOV for animal waste in stream due to excessive cattle activity in and around surface
waters, high waste level in storage pond, application fields reporting copper indices of 3,000 or
greater, and no waste application records. NOV had to be served by the sheriff s office.
2004 — Per DWR Routine Inspection, there was evidence of 4-6 inches of sediment and waste in
UT to East Prong Roaring River at upstream end of culvert (site of current 2017 discharge
enforcement).
8. The costs to the State of the enforcement procedures.
Investigator - 4 hours field time and 16 hours enforcement time $ 717.80
Sherri V. Knight - 1 hour for enforcement review $ 46.64
Laboratory tests 399.03
Mileage - 107 miles @ 0.40 42.80
Administrative Costs $ 100.00
Total Cost $1,306.27

Assessment Factors — DV-2018-0010
Hutchison
February 7, 2018
Page 3
9. Type of Violator:
Hutchison Dairy property is owned by Guy Vernon Hutchison and operated Derek Hutchison.
The waste application field in question is owned by Clifton G. and Margie Hutchison.
10. Violator's degree of cooperation (including efforts to restore) or recalcitrance:
Both Clifton and Derek Hutchison have been cooperative throughout the investigation. At
DWR's request, the Hutchison's immediately scraped the waste back from the stream and tilled -
in the soil and covered the area with wheat straw. Derek Hutchison has responded to DWR
emails and calls in a timely and respectful 'manner.
11. Mitigating factors:
None. Clifton Hutchison, however, believes the discharge "incident" to be an "honest mistake."
12. Assessment factors:
A. IWC ---- NA
B. Receiving Stream ----- NA
C. SOC/JOC--------- NA
D. Copy of MP Screen ----- NA
E. Copy of Limits Page ---- NA
F. Damage ------ NA
Certification:
I certify that the information in this report is true to the best of my knowledge.
(Date) Principal Investigator

Correspondence
Attachment C

a 1,
Water Resources
Environmental Quality
January 2, 2018
CERTIFIED MAIL No: 70131710 00021865 7270
RETURN RECEIPT REQUESTED
Mr. Clifton G. and Mrs. Margie Hutchison
6501 Traphill Road
Traphill, NC 28685
Subject: Notice of Violation and Notice of Intent to Enforce
NOV- 2017-DV-0321
Permit Number: AWD970008
Parcel ID#: 1903028, 1903529, 1902695 and 1903637
Wilkes County
Dear Mr. and Mrs. Hutchison:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LWA CULPEPPER
Interim Director
On December 6, 2.017, Melissa Rosebrock and Rebecca Chandler of the NC Division of Water
Resources (DWR) Winston-Salem Regional Office (WSRO) conducted a site inspection of the
above referenced properties in response to a complaint alleging the unpermitted discharge of
animal waste from an application field into a stream located on the referenced parcels. A copy
of the inspection report is attached for your review.
The stream in question is an unnamed tributary (UT) to the East Prong Roaring River which is
classified as. a Class C water. All surface waters in North Carolina are assigned a primary
classification by D_WR. Class C waters are :'to be protected for uses such as secondary recreation,
fishing, wildlife, fish consumption,' aquatic life including propagation; survival and maintenance
of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other
uses involving human body contact with water where such. activities take place. in an infrequent,
unorganized, or incidental manner. "
Accordingly, the following observations and violations were noted:
1.. A discharge of cattle waste into a UT to East Prong Roaring River was observed from the
application field on the north side of Traphill Road (Parcel #1903529). The unpermitted
discharge of animal waste into surface waters is a violation of NC General Statute 143-21S.1
which states in part that "No person shall do any of the following things or carry out any of the
--5 ' N-btninglCornpares--A-,._.
State of North Camllna i Environmental Quality .
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776=98001 FAX: [phone]

Hutchison — NOV/N01
January 2, 2018
Page 2
following activities unless. that person has a received a permit ... Make any outlets into waters of
the State."
Division staff also sampled the stream at the point.of discharge for fecal coliform, biochemical
oxygen demand (BOD), turbidity, pH, specific conductance and nutrients. Stream sampling was
also conducted upstream and downstream of the discharge.,Results indicate that there were no
violations of the State's water quality standards for pH, DO or turbidity. To date, there are no
water quality standards for specific conductance, nutrients or BOD. Complete results are as
follows:
Upstream of Discharge
'Fecal coliform= 2200 col/100 mL
'DO=10.63 mg/L
3pH= 7.2
TKN= 0.35 mg/L
NO2+NO3=1.1 mg/L
Specific conductance=106 Vs/cm
BOD= 2.0 mg/L
'Turbidity= 5.8
Discharge '
Fecal coliform= 8600 col/100 mL
DO=10.57 mg/L
pH= 7.45
TKN= 0.86 mg/L.
NO2+NO3= 3.3 mg/L
Specific conductance=115 µs/cm
BOD= 4.3 mg/L
Turbidity=13 NTU
DOWnstream of Discharge
Fecal coliform= 40,000 col/100 ml.
DO=10.38mg/L
pH = 7.32
TKN=1.4 mg/L
NO2+NO3= 3.6 mg/L
Specific conductance= 119 µs/cm
BOD= 8.2 mg/L
Turbidity=16 NTU
' NC water quality standard for fecal coliform is 200 colonies /100 mL (maximum, geometric mean of five
consecutive samples within 30 days).
2 NC water quality standard for dissolved oxygen in this stream is 4.0 mg/L (minimum, instantaneous) and not less
than a daily average of 5.0 mg/L.
3 NC water quality standard for pH is 6.0 - 9.0 units.
NC water quality standard for this stream is 50 NTU.
2. The fecal coliform result for the upstream sample was found to be greater than the NC water
quality standard of 200 c6l/100 mL (maximum). While the upstream exceedance m.ay be
attributed to surrounding cattle activity in the pasture, it is clear, thatthe unpermitted
discharge of animal waste had a substantial environment impact upon downstream surface
waters. Also, be aware that there is the probability for future fecal coliform standard
violations should DWR obtain a total of five stream samples within 30 days that result in a
geometric mean greater than 200 colonies/100 mL.
3. Excessive ponding of cattle waste, hydraulic overloading, steep topography -and lack of
vegetation along the stream most likely contributed to the illegal discharge of waste from the
application field. The land next to the unnamed tributary is particularly denuded due to
excessive cattle activity in. and around the stream. And while specific setback distances are not
required since this farm is not currently permitted,it is WSRO's belief that a larger buffer
between the land application area and surface waters might have reduced the environmental
impact.

Hutchison — NOV/1401
January 2, 2018
Page 3
4. Waste from the stock trail located on the south side of Traphill Road (dairy side) also appears to
be washing downhill. and into the unnamed tributary to E. Prong Roaring River. Four inches of
sediment and manure were observed in the stream on the south side of Traphill Road
(downstream of discharge). It is strongly suggested that land application setbacks be increased,
animals be excluded from surface waters and that permanent vegetation be maintained in the
pastures and along the stream. Our office encourages your continued collaboration with Wilkes
County Soil and Water Conservation District (SWCD) and Natural Resource Conservation Service
(NRCS) to resolve these water quality issues.
Required Response:
Accordingly, you are directed to respond in. writing within ten (10) calendar days of receipt of
this Notice. Your response should be sent to my attention at the letterhead address and must
include specific plans and timeline for permanently addressing the following:
1. Establish a permanent vegetative cover for ALL land application areas. A permanent vegetated .
buffer in the area along the stream should also be created to help prevent further run-off of
sediment and manure during rain events. The WSRO noted that the solid waste was scraped
back several feet from the stream as requested by staff and the soil/waste tilled -in and covered
with straw to reduce the chance of additional runoff. The WSRO has received and reviewed
photographs depicting completion of this task.
2. Make repairs to any equipment that contributed to the unpermitted discharge.
3. Establish, in writing,. procedures for correctly applying animal waste in the future. Please
forward a copy of these procedures.in your response. All those involved in animal waste land
application should sign and date their copy as well
4. Best Management Practices (BMPs) should be established for management and use of the
stock trail. Your response should include procedures for maintaining the stock trail and the use
of gates to exclude animals from the stock trail and culvert except when traveling through the
culvert to gain access to the other side of Traphill Road.
The WSRO is considering sending a recommendation for enforcement to the Director of the
Division regarding these issues and any future/continued violations that may be encountered.
This office requires that the violations, as detailed above, be abated immediately and
properly resolved. Pursuant to G.S.143-21S.6A, these violations and any future violations are
subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each
violation. Your above -mentioned response to this correspondence, the degree and extent of
harm to the environment and the duration and gravity of the violation(s) will be considered in
any civil penalty assessment process that may occur.

Hutchison — NOV/N01 .
January 2, 2018
Page 4
Please contact Melissa Rosebrock (336-776-9699) or me (336-776-9696) if you have questions
concerning this Notice.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor.
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Attachment
cc: '�lVSROFiI`eCopy
NCDEQ DWR-Animal Waste Feeding Operations
Wilkes County MRCS and Soil and Water Conservation District (via email)

0 Division of Water Resources
El Division of Soil and Water Conservation
Other Agency
Facility Number: 970008 Facility Status:
Inpsection Type: Compliance Inspection
Reason for Visit: Complaint
Owner Email:
Phone: [phone]
Mailing Address: 6501 Traphill Rd Traphill NC 28685
Inactive Permit: AWD970008 Denied Access
Inactive Or Closed Date:
County: Wilkes Region: Winston-Salem
Date of Visit: 12/06/2017 EntryTime: 04:10 pm Exit Time: 6:05 pm Incident #
Farm Name: Hutchison Dairy
Owner: Clifton G Hutchison
Physical Address:
Facility Status: ❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude: 36' 18' 53" Longitude: 81° 03' 26"
Hwy. 21 north of Elkin to Traphill Rd. 9 miles on Traphill Rd. ,SR1002 and farm is on the left. Second, smaller pond is located on
Mountain View Rd.
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Certified Operator:
Secondary OIC(s):
Operator Certification Number:
On -Site Representative(s): Name Title Phone
24 hour contact name Clifton Hutchison Phone:
On -site representative Clifton and Derek Hutchison Phone : [phone]
Primary Inspector: Melissa osebrock A Phone: `cD� 7 7& r Q 9
Inspector Signature: Date: Z 0 oj..?-O 1 7
Secondary Inspector(s):
Rebecca D Chandler
Inspection Summary:
page: 1

Permit: AWD970008 Owner - Facility : Clifton G Hutchison Facility Number: 970008
Inspection Date: 12/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint
1. Today's visit was in response to a complaint alleging the runoff of animal waste from a pasture along the north side of Traphill
Road in Wilkes County. The application field is directly across the road from a below -threshold dairy, "Hutchison Dairy." Our
investigation determined that Mr. Hutchison was land -applying cattle waste onto his property (parcel #1903529) when his 3200
gallon honey wagon reportedly malfunctioned (valve remained open) while he was making a sharp turn in the lowest comer of the
field, which also happened to be the area closest to the unnamed tributary to the E. Prong Roaring River (Class C waters of the
Yadkin -Pee Dee). Mr. Hutchison stated that he had been applying waste December 4-6, 2017. The site of the discharge is
approximately 0.5 miles upstream from the East Prong Roaring River.
Waste was observed in the unnamed tributary on the north side of Traphill Road, in the culvert under the road, and in the tributary
on the south side.of the road. The stream is located approximately 20 feet from the site of the reported malfunction. Puddles of
liquid brown waste were also observed along the stream bank on both sides of the road. A strong waste odor was detected in the
water at the discharge site and below the culvert. No algae or fungal material was present at the discharge site. No sludge worms
were found in the tributary on the date of our investigation.
Since rain was forecast for the next day, DWR staff requested that the waste be scraped back several feet from the stream and
that soil/waste be tilled -in and covered with straw to reduce the chance of additional runoff from this denuded area. The facility
completed the task and sent photographs for DWR review.
3. Waste from the stock trail located on the south side of Traphill Road (dairy side) appears to be washing downhill and into the
unnamed tributary to E. Prong Roaring River. Cattle waste and sediment also appear to be impacting the stream due to cattle
activity. Four inches of sediment and manure were observed in the stream on the south side of Traphill Road.
9. The pastures on the north side of Traphill Road are somewhat denuded due to cattle activity. The pasture area within 15 feet of
the unnamed tributary was especially denuded due to excessive cattle activity in and along the stream.
10. Buffers are not required since this farm is not currently permitted. However, if there had been greater distance between the
land application area and surface waters, the environmental impact might have been lessened. The dairy is reportedly run by Mr.
Hutchison's son, Derek Hutchison. Per Wilkes County GIS, the land where the dairy resides is owned by Guy Vernon Hutchison.
The mailing address for the dairy is "in care of Clifton Hutchison.
11. Excessive ponding of cattle waste and hydraulic overloading contributed to the illegal discharge of waste from the application
field. Mr. Hutchison applied waste to the steepest part of the field, which was also the area closest to the road ditch. This area of
the field was the least vegetated.
page: 2

Permit: AWD970008 Owner - Facility : Clifton G Hutchison. Facility Number: 970008
Inspection Date: 12/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint
Regulated Operations Design Capacity Current promotions
Cattle
Cattle -Milk Cow 80 67
Total Design Capacity: 80
Total SSLW: 112,000
Waste Structures
Type
Pit
Identifier Closed Date
UNCOVRD CONCRETE PI
Disignated Observed
Start Date Freeboard Freeboard
48.00
page: 3

Permit: AWD970008 Owner - Facility : Clifton G, Hutchison Facility Number: 970008
Inspection Date: 12/06/17 Inppection Type: Compliance Inspection Reason for Visit: Complaint
Discharges & Stream Impacts
Yes
No Na No
1. Is any discharge observed from any part of the operation?
M❑
❑
❑
Discharge originated at:
Structure
Application Field
.
Other
❑
a. Was conveyance man-made?
❑
11013
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑ ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
500 gal
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
M ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑ ❑
❑
State other than from a discharge?
Waste Collection, Storage & Treatment
Yes
No Na Ne
4. Is storage capacity less than adequate?
❑
❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
❑
❑ ❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
❑
1:10
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
110
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑ ❑
❑
maintenance or improvement?
Waste Application
Yes No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need'
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
Hydraulic Overload?
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 4

Permit: AWD970008 Owner - Facility Clifton G Hutchison Facility Number: - 970008
Inspection Date: 12/06/17 Inpsection Type: Compliance Inspection Reason for Visit: Complaint
Waste Application
Yes No Na No
Crop Type 1
Fescue (Pasture)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
0
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
00
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
determination?
17. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application equipment?
ri
page: 5

Clifton Guy Hutchison
6501 Traphill Rd.
Traphill, NC 28685
01/18/2018
Mrs. Knight
Environmental Program Supervisor
WSRO
Winston-Salem, NC
Dear Mrs. Knight:
INC Departmert of
Envirunipental Quality 5.
Received >.
JASV 2 2 2018 � p
Winston-Salem `.
Regional Office
In response to your notice of a violation of G.S. 143-215.1 on my farm in December 20171 have
addressed the items you required within your notice. I would like to first give my apologies for the
Incident that occurred. It was an absolute honest mistake on my part and I think you'll also realize
that when I explain the circumstances of this incident.
My son, Derek, manages the farm and oversees daily activities. I've been working a public job for a
couple of years now to supplement income and help on the farm when available or needed with
farm operations. On the day of this Incident; Derek and our other workers were combining grain
corn and the lagoon pond needed to be pumped. Sa E decided to do this to help while they were
busy that week with other duties. I proceeded to begin pumping the lagoon pond, I decided to apply
it to the closest field to the farm which is where this spill occurred. I first entered the east side of
the field, when I reached the west side of the field I started turning northward and closed the valve,
as I backed up to make a turn that is when I noticed the valve had malfunctioned, I immediately got
the valve shut and continued spreading the litter., Might I add to this that the litter being spread this
day was thick due to being towards the bottom of the pit thus it piled up with no appearance of any
runoff happening. Also, it was spilled approximately 55ft from the stream when the spill occurred -
we measured the exact distance after receiving your notice to be positive we were as far away as
we had thought. However, there was rainfall the night of the spill which_turned out to be more than
anticipated and unfortunately thinned out the litter enough to make it start running off leading to
the entry of the creek.
When Melissa and Rebecca came out to inspect from the complaint call there was a minimal
amount of litter in the water, i believe the elevated numbers from their sample are resulting from
the stock trail issue more so than from the accidental spillage. We have been working diligently with
the Wilkes County Soil & Water division and MRCS to resolve the problem for approximately 3 years.
The amount of spillage in the creek when they visited was no more than what 3-5 cows would
produce in when passing thru the culvert. We attached pictures for your review of what it looked

Mrs. Knight
01/18/2018
Page 2
like at.that time. I'm not discounting the issue at hand because I do recognize it is a problem but 1 _
did feel it was important to make you aware of the amount of -actual litter in the water at the time
of the visit.
Below are responses to the specific issues you wanted addressed in your letter:
1. Establish a permanent vegetative cover for all land application areas:
At the time of the spill the field was grazed down from cattle; however, the cattle had been
moved because we do not winter them on this field. Each Spring fescue grass grows in.
abundance in'this field and we add cattle back for grazing. There is ample amount of
Vegetation at this time of the year. We have been working with the Wilkes Soif & Water
recently to add a buffer at the stock trail and the creek on the north side --they have
proposed planting trees and other vegetation to work as a buffer: We are currently waiting
on them (soil &water) to finish drawing up the plans for us. However, I can assure you there
will no longer be any litter spread onto this field in the future due to this incident and the
risk of the litter running off into the water source because of the lay of the field. Hopefully
Wilkes soil and water will have this "buffer" plan in place fairly soon.
2. Make repairs to any equipment that contributed to the unpermitted discharge:
We had the faulty valve fixed immediately after the incident to prevent any future.issues, at
the time of the incident in question the valve didn't open and close properly, it had stuck for
lack of a better description. This was a minor fix and it works properly now.
3. Procedures for correctiy a6plying animal waste:
See attached sheet for procedures and signatures of those applying animal waste to fields
4. Best Management Practices for stock trail:
The stock trail has been an ongoing issue and potential threat that we -have been in contact
with Wilkes soil and water and the NRCS both numerous times to assist. us with this
problem. There have been several occaslons.where the local soil and water has visited the
farm and we've proposed several solutions to the problem but each has been turned down
for approval by Raleigh due to funding or other reasons. We've asked about assistance
building a freestall barn at.the dairy to keep the cows on one side of the road, we've asked
about. the state building a dry culvert which they (state) have refused to fund. Also we
suggested building a corral on both sides of the road and letting the cows cross the road

Mrs. Knight
01/18/2018
Page 3
each and they rejected that offer as well because the state doesn't want the traffic flow
interrupted on.Traphill Rd since it is considered a major highway. We've also asked if they
could buy out our dairy permit and we would sell the cattle to eliminate the issue but of
course that was rejected also. We have asked soil and water for any suggestions to
eliminate the threat of the stock trail but nothing has transpired yet unfortunately. Any
suggestions or proposals we've offered we cannot seem to get any funding to assist or the
,approval to move forward. If your department can offer any suggestions or assistance on
this matter, we would really appreciate any insight. In the meantime, we will continue
utilizing our gates to. the best of our ability to keep the cattle flow away from the creek as
much as possible. We have 1 exiting the freestall portion of the barn to the trail to keep the
cattle from going down the stock trail during milking hours then we have another gate at
the bottom of stock trail to keep closed once cows have moved back to the field after
milking hours and prevent their re-entry into the stock trail when they aren't walking in for
milking hours. This minimizes the amount of litter in the stock trail and currently is the best
solution to this particular issue.
I hope these responses are satisfactory and address the issues that your department has brought
forth. We realize the impact to stream waters is serious and did not intentionally ever pose a threat
to state waters or cause any environmental risk. I sincerely hope this is enough explanation of how
the incident occurred and what we will do to prevent any future spills to prevent this issue from
being sent any further and the fine being imposed. If you have any suggestions or ideas, you would
like to discuss please feel free to give myself or my son a call anytime and we'll be glad to discuss
with you or someone from your department. I've included our contact numbers below.
Best Regards,
/Clrionutchison
Clifton: [phone]
Derek: [phone]

Procedures for Correctly applying animal waste:
1. Agitate the litter in the lagoon pond
2. Toke an Animal Waste Sample collected from lagoon pond and send off for results
3. Take soil samples from fields that the animal waste will be applied to and send off for results
4. Once results are back, Derek will determine the proper amount of litter needed to apply to
each field
5. Inspect spreader truck for possible issues prior to beginning the spreading
6. Pump litter and apply to fields as written down by Derek for proper amounts on each
7..Be aware and identify the proper footage away from any water source on each field
Persons applying animal waste to fields:.
Name:
Clifton G Hutchison
0-e ek�'Ha chison
Aubrey Billings
Date:
1--19 -I,.V.

Rosebrock, Melissa
From: dhbuckslayer2l <[e-mail]>
Sent: Wednesday, December 20, 2017 3:35 PM
To: Rosebrock, Melissa
Subject: RE: [External] Re: email address -
No, today was the 1 st rain we have received since you have been here and no litter has run anywhere. Even next to
the road where the water ditch is you clearly see where the litter stop and the grass is.
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message -------
From: "Rosebrock, Melissa" <melissa. roseb rock@ ncden r.gov>
Date: 12/20/17 '58 PM (GMT-05:00). .
To: dhbuckslayer2l <[e-mail]>
Cc: Lee Holcomb <[e-mail]>
Subject: RE: [External] Re: email address
Got both emails, thanks for photos. How's the straw holding up in the rain today? Noticing any waste coming out from under the
straw? Thanks for your efforts
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa. rosebrock0mcdenr.gov
Winston-Salem Regional Office

450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: dhbuckslayer2l [mailto:[e-mail]]
Sent: Wednesday, December 20, 2017 2:37 PM
To: Rosebrock, Melissa <[e-mail]>
Subject: [External] Re: email address
Sent from my Verizon, Samsung Galaxy smartphone
------- Original message ----- --
From: "Rosebrock, Melissa" <melissa.rosebrock ncdenr sov>
Date: 12/20/17 2:29 PM (GMT-05:00)
To: dhbuckslaver2lCa)aol.com
Subject: email address
1

Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
f
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock ncdenrgov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
3

Rosebrock, Melissa
From: dhbuckslayer2l <[e-mail]>
Sent: Friday, January 05, 2018 4:57 PM
To: Rosebrock, Melissa
Subject: [External] FW: Hutchison Dairy
Attachments: 515 SubpartJ.pdf
Here is the respond from soil and water
Sent from my verizon, Samsung Galaxy smartphone
------ Original message -------
From: "Holcomb, Lee - NRCS, Wilksboro, NC" <[e-mail]>
Date:1/5/18 4:28 PM (GMT-05:00)
To: [e-mail]
Cc: "Evans, Jeremy - NRCS, Wilkesboro, NC" <[e-mail]>
Subject: FW: Hutchison Dairy
Derek,
Attached is the response from our Area Office. It doesn't look like we'll be able to help with a free -stall barn or buying out the
milk permit. Would you and your Dad like us to proceed in seeing about the stream crossing behind the milk parlor and moving
the cows to that side of the farm? That would require us to have an Area Engineer come and survey the property and see the
feasibility and economics of the proposed stream .crossing.
Let us know how you'd like to proceed,
Lee
Supervisory Soil Conservationist — Team 4
Wilkes, Surry, Yadkin, Forsyth, & Stokes Counties
1

Headquarters
Wilkes SWCD Field Office
416 Executive Drive, Suite C
Wilkesboro, NC 28697
(Work) 336-838-3622 x 107
(Work Cell) 252-370-0318
From: Firster, Jason -NRCS, Waynesville, NC ��_.....�.._._..�..,,.�...�.._.M.�.......... ...�_,--� _..-��
Sent: Friday, December 29, 201712:33 PM
To: Evans, Jeremy - NRCS, Wilkesboro, NC <[e-mail]>
Cc: Holcomb, Lee - NRCS, Wilksboro, NC <[e-mail]>
Subject: RE: Hutchison Dairy
Good afternoon Jeremy —
I can appreciate where Mr. Hutchison is at with his operation but unfortunately it does not look like NRCS can help with cost
sharing either a Free -Stall Barn or buying out his Milking Permit.
According to the Conservation Programs Manual 440 Part 515.91 B(xi) "any part of a building used solely for livestock housing,
feeding or animal comfort" is ineligible for EQIP cost share. There is. one exception and that is "Buildings determined by the State
Conservationist to be a necessary component of an animal waste facility on an AFO are eligible if identified in a CNMP." If the
building was going to somehow be a component of an animal waste facility we could possibly pursue a waiver from the State
Office, I'll just caution that it would take a very specific situation for this waiver to be approved.
The permit is also an ineligible cost share item based on Conservation Programs Manual Part 515.91 B (ii) which specifies
"Permits, fees, certifications, and miscellaneous production or operation related expenses not directly related to
implementation of a practice" are ineligible.

Please let me know if you need any further information on these questions —more than happy to help if needed.
Thanks,
y�� Atoe_&
USDA-NRCS
Area Resource Conservationist
589 Raccoon Rd Suite 246
Waynesville, NC 28786
Office: 828-456-6341 Ext 3243
Cell: 828-989-9849
From: Evans, Jeremy - NRCS; Wilkesboro, NC
Sent: Tuesday, December 19, 20171:36 PM
To: Firster, Jason - NRCS, Waynesville, NC <[e-mail]>
Cc: Holcomb, Lee - NRCS, Wilksboro, NC <[e-mail]. ov>
Subject: Hutchison Dairy
Jason,
We recently visited Mr. Cliff Hutchison due to a NOV that he received from NCDWR. Mr. Hutchison is one of only three dairy
farmers in Wilkes County, and.is located in the Traphill area. Melissa Rosebrock recently visited with him to discuss possible
solutions. Per her visit; we were informed that she would prefer is the cows were excluded from the creek, and stayed on the
side with the milking parlor. The issue with that solution is that there is limited.grazing space available on the side with the dairy.
The cattle must cross the creek through a large culvert under the road that the stream also flows through. The issue there is
that the cattle are a point -source pollutant. Creating another crossing, or more intensive rotation, does not work well with the
milking schedule for the cows.
Mr. Hutchison would like to know if there is a possibility for NRCS to pay for a free -stall barn through NRCS programs to help
resolve his NOV. He is also curious if there is a way for NRCS to buy him out of his milking permit. We also discussed other
options that we were certain could be implemented through EQIP, but after discussion, these options did not compliment the
3

management of the dairy. The free -stall barn would please Melissa Rosebrock by keeping the cattle out of the stream. The other
option would end the operation of the dairy, eliminating the source of the resource concern, and helping the land repair itself
over time.
To clarify: 1) Can NRCS programs pay for a free -stall barn
& 2) Can NRCS assist with buying out his milking permit
We appreciate any guidance and assistance on this matter.
Thank you,
Jeremy K. Evans
Wilkes NRCS Soil Conservationist
Jeremy evans nc usdagov
336-838-3622 x108
This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized
interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator
to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email
immediately.

Title 440 — Conservation Programs Manual
Part 515 — Environmental Quality Incentives Program (EQIP)
Subpart J — Conservation Practice and Technical Assistance Payments
515.90 Payment Schedules
Policy guidance regarding payment schedules is located in Title 440, Conservation
Program Manual (CPM), Part 512, Subpart D. The process for developing payment
schedules is outlined in Title 300, Payment Schedule Handbook, Part 600.
515.91 Determining Eligible Payment Schedule Costs and Rates
A. Eligible Costs.—EQIP is authorized to make payments to implement conservation
practices based generally upon the estimated cost incurred for planning, design,
materials, equipment used for installation, installation and labor costs, management
and training costs as well as the estimated income foregone by the producer
associated with practice implementation. These payment costs are estimated and
incorporated into the payment schedules developed in accordance with 440-CPM,
Part 512, Subpart D.
(1) Payment rates are limited to the least -cost alternative to meet quality criteria
and the minimum practice standards and specifications needed to address the
resource concerns. The least -cost -alternative limitation is only applicable to
payment rates and, does not limit choice of treatment options. However,
treatment options must meet NRCS standards and specifications, address the
identified resource concern, and be approved by an individual with NRCS job
approval authority.
Example: If minimum standards and specifications require a three -wire fence
and the participant wants to install a woven wire fence that costs twice as
much as the minimum acceptable standard, EQIP will pay the minimum
payment rate, and any additional costs are borne by the participant.
(2) The participant is responsible for the expense of conservation practice
installation. The participant receiving the program benefit must also be
directly incurring the cost of the practice installation.
(3) Items eligible to establish levels and rates include the cost of any direct or
significant factors necessary to perform the practice, such as—
(i) New, donated, or used materials (in accordance with NRCS policy).
(ii) Services and labor from the participant or others.
(iii) Sales tax.
(4) When setting payment rates with regard to income foregone for EQIP, the
State Conservationist may accord greater significance to conservation
practices that promote soil health; water quality and quantity improvement;
nutrient management; pest management; air quality improvement; wildlife
habitat development, including pollinator habitat; invasive species
management; and other resource issues of regional or national significance as
(440-515-M, 1st Ed., Amend. 110, Jan. 2017)
515.1-1

Title 440 — Conservation Programs Manual
determined by MRCS. Greater significance may be established by either one
of two methods:
(i) By establishing a higher priority to these practices in the screening and
ranking process
(ii) By assigning a higher program payment percentage in the foregone
income cost category of a payment schedule (not to exceed 100 percent) to
priority practices and a reduced program payment percentage assigned to
low -priority practices.
(5) Any practice in which used materials are used may be eligible for payment in
accordance with criteria set forth in Title 210, National Engineering Manual,
Part 512, Subpart C.
(6) All estimated incurred costs and income foregone associated with an EQIP
payment must be documented in an approved payment schedule. Only costs
that are associated with components and items needed for implementation of a
conservation practice and the practice standard may be included in the
payment. See 440-CPK Part 512, Subpart D, for additional information.
(7) Renewable energy production that is related to a conservation benefit
(excluding energy conservation), such as—
(i) Managing feedstock or other biomass to address soil conservation.
(ii) Converting biogas to address air quality.
Hydropower
("'m ) to address water quantity.`
(iv) Renewable power source (such as solar panels or windmills) that address
multiple resource concerns in remote regions of rangeland.
The following are examples and categories of ineligible costs that may not be
included in program payment schedules. Such costs are usually ineligible, as they
may have no environmental or conservation benefit, are not allowed by the
practice standard, their primary purpose may be considered a production related
activity, or for which there may be no statutory authority to provide program
support:
(i) Production costs associated with the normal production activities are
prohibited. Examples of ineligible costs include, but are not limited to, the
following:
• Subsurface drainage installed solely to obtain better yields.
• Any pest control or treatment solely for crop production. Costs
associated with control, suppression, or management of invasive or
noninvasive plants, animals, pests, insects, rodents, feral hogs, deer,
birds,,or other wildlife on cropland. Costs associated with control,
suppression, or management of invasive or noninvasive animals,
insects, rodents, feral hogs, deer, birds, or other wildlife on
noncropland is prohibited. See Section 515.91B(1)(iii), "Pest
Management," following.
• Costs that are not directly related to implementing an NRCS-approved
conservation practice or not allowed according to the NRCS practice
standard.
(440-515-M, 1st Ed., Amend. 110, Jan, 2017)
515.J-2

Title 440 — Conservation Programs Manual
• Costs that are not incurred by the program participant, such as value of
donated materials or labor.
• Costs for education or training that -is not directly related to
implementation, operation, or maintenance of a conservation practice.
Costs for travel, lodging or hotel, transportation, fuel, food or per diem
are not allowed.
• Costs associated with risk of agricultural operations, such as the
potential loss of yield or production resulting from-
- Weather related conditions or events
- Cultural activities
- Wildfires
- Animal, pest, or other wildlife damages to crops
- Lack of operation and maintenance of practices or equipment
• Costs associated with agricultural enterprise changes where there is no
identified resource concern to be addressed (see section 515.811)(5)
for an exception).
Note: Risks and costs associated with the agricultural operation must be
borne by the producer.
• County earthmoving or NPDES permits
• Building permits
• Administrative costs or fees assessed by water, electricity, or other
utility companies or suppliers
• 404 permits or other regulatory permit costs
• Confined animal feeding operation (CAFO) permit
Organic certification fees
• Administrative and overhead costs associated with agricultural
operations, such as telephone, drinking water, fuel and lubricants for
farm vehicles, replacement parts, electricity, photocopy, and similar
activities
• Repair costs of equipment used to construct conservation practice
• Structures and components that are not part of the appropriate
conservation practice standard, such as installing a composting facility
under the heavy -use, protection -area standard or drilling a well as part
of the pipeline standard.
(iii) Pest Management
• A program payment for control or management of noxious or invasive
weeds, insects, diseases, rodent, nematodes, predators, including
native or nonnative species, or other pests is prohibited. (Pest as
defined in 190-GM, Part 414, "Invasive Species," and agency policy in
190-GM, Part 404, "Pest Management.")
Example Ineligible Cost. —Costs associated with a practice (e.g., CP 382
Fence) to exclude animals from cropland field is prohibited.
(440-515-M; 1st Ed., Amend. 110, Jan. 2017)
515.J-3

Title 440 - Conservation Programs Manual
Example Eligible Cost.=Costs associated with CP 382 Fence established
to protect a sensitive area containing threatened or endangered plant
species.
Exception. —Payments for suppression of noxious and invasive weeds on
noncropland is allowed as part of the incurred cost to facilitate
implementation of an NRCS -approved conservation practice. For
example, costs associated with management or control of invasive or
noxious plant species to support success of a range planting, critical area
planting, or tree and shrub planting on noncropland is allowed.
(iv) Equipment
As defined in 440-CPM, Part 502, "Terms and Abbreviations Common to
All Programs," equipmenf is the tools, machinery, or similar items
needed to implement the practice to design standards. As noted in 440-
CPM, Part 503, "Commodity Credit Corporation Procedures," CCC and
program authority provide financial assistance to implement conservation
,practices, but not for purchase of equipment to implement practices.
Examples of equipment that may not be purchased using EQIP financial
assistance include, but are not limited to the following:
- Equipment to haul or apply manure
- Spray or pesticide application equipment
- Tillage or cultivation equipment
- Global Positioning Systems (GPS)
Monitoring cameras or GPS systems attached to equipment used for
practice implementation or to animals (cameras attached to
permanently installed practices, such as pumps, to meet safety
requirements may be eligible).
- Costs associated with telephone, radio, or similar transmission or
communication services. (e.g., phone or data services are ineligible).
- Other equipment not specifically addressed as being eligible for
EQIP funding or as determined by the NRCS conservation practice
standard
Note: EQIP allows for use of financial assistance to purchase materials that
are typically required by the conservation practice standard to address a
resource concern. Materials are components used to make, develop, or
implement a practice; such as sand, gravel, grass seed, soil amendments,
plants, pipe, concrete, sensors and required water measurement devices, and
similar products and devices cited as needed in the practice standard or design
requirements.
(v) Portable Equipment
• Engines, motors, pumps, and pumping equipment not affixed to a
land -based practice
• Motorized vehicles, such as trucks, trailers, and tractors, whether on or
off agricultural land
• Spray equipment
(440-515-M, 1st Ed., Amend. 110, Jan. 2017)
515.J-4

Title'440 — Conservation Programs Manual
• Monitoring equipment or components that are not affixed to a land -
based practice.
Exception. —Engine and motor replacement or retrofit may be allowed for
an approved NRCS practice and identified resource concern (e.g.,
Pumping Plant (533) to replace an inefficient, polluting engine to meet
water conservation, air quality, or energy conservation).
Note: Portable equipment raises important accountability issues in terms
of providing program benefits to address an identified resource concern on
eligible land as well as statutory requirements. For documentation of
benefit through required ranking, NRCS must be able to associate the
conservation benefit with a specific land unit where the practice is
implemented. If the practice standard includes portable equipment, it may
only be relocated to land that meets land eligibility requirements and that
is included in the original contract.
(vi) Energy production, generation, or practices associated with residential
buildings.
(vii) Electric Power
• Running electrical lines from any power source to power equipment
unless specified in the practice standard
• Portable generators
• Payment for electricity generated or needed to run equipment
• Services needed to operate or maintain practices or equipment
• Fuel to run or operate generators or other energy equipment
(viii) Transportation costs associated with hauling or transporting manure,
animal waste, organic byproducts, or animal carcasses offsite.
(ix) Extents greater than technically needed to meet the minimum practice
standards.
Note: The least -cost standard must be applied to support payments for
practices to achieve the conservation objective. At the request of a participant,
NRCS may provide design and technical assistance for implementation of a
practice with extents greater than what is needed to address the resource
concern; however, expense and costs associated with the extra extent are the
responsibility of the producer and may not be reimbursed through program
financial assistance.
Examples:
• Fencing specifications call for two strands of wire, and the producer
installs a four -strand fence, in which case EQIP will only pay based on
two -strand fence.
• A concrete -walled manure storage structure where a less expensive
earthen structure would serve the resource need.
• Constructing a bridge instead of a stream crossing where a stream
crossing is more cost effective.
(x) Property Rights and Access
• Payments for obtaining an easement or right-of-way.
(440-515-M, 1st Ed., Amend. 110, Jan. 2017)
515.J-5

Title 440 _ Conservation Programs Manual
• Payments for river access.
-1 r - --
That is not related to a conservation benefit, such as-
- Managing feedstock or other biomass for biofuel for the purpose of
renewable energy production.
- Converting biogas for renewable energy production.
- Hydropower for renewable energy production unless such
component or material is an integral part of an irrigation system
practice.
For extents greater than what is required to address the identified
resource concern.
Renewable power sources when other sources of electricity are
available.
C. Reviewing and Revising Payment Rates
See 440-CPM, Part 512, Subpart D.
515.92 Payments and Payment Limitations
A. Eligibility for Payments
(1) Requests for payment must meet the requirements found in 440-CPM, Part
512, Subpart C.
(2) A comprehensive nutrient management plan (CLAMP) is required for an AFO
— see section 515.80C(4) for guidance.
(3) If an EQIP plan of operations includes practices that address forestland
related resource concerns, the participant must develop. and provide NRCS a
copy of a forest management plan prior to implementation of any forest
management conservation practice. See section 515.80C(5) for guidance.
B. Contract and Program Payment Limitations
(1) Contracts enrolled after February 7, 2014, are considered "2014 Farm Bill
Contracts," and each contract will be limited to no more than $450,000 in
financial assistance. There is no authority to waive the $450,000 payment
limitation.
(2) Contracts enrolled between October 1, 2008, and February 7, 2014, are
considered 112008 Farm Bill Contracts," and each contract will be limited to
no more than $300,000 in financial assistance. The Chief may waive the
$300,000 payment limitation up to a maximum of $450,000 for projects of
special environmental significance that include anaerobic digesters or other
(440-515-M, 1st Ed., Amend.110, Jan. 2017)
515.J-6

Title 440 — Conservation Programs Manual
innovative technology that will result in significant environmental
improvement. To qualify for this waiver, the application must meet all of the
following criteria:
(i) Site -specific evaluation documents have been completed, documenting
that the project will have substantial positive impacts on critical resources
on or near the project area.
(ii) The project clearly addresses a national priority as well as State, Tribal, or
local priorities, as applicable. .
(iii) The project assists the participant in complying with Federal, State, and
local regulatory requirements.
(3) Contracts enrolled between July 15, 2002, and October 1, 2008, are
considered "2002 Farm Bill Contracts," and the sum total of all contract
payments during this period will be limited to no more than $450,000 in
financial assistance.
(4) Regardless of year enrolled, program payments for contracts associated with
the Organic Initiative are limited to $20,000 per fiscal year or $80,000 during
any 6-year period for persons or legal entities. Producers receiving payment
under this provision must be pursuing organic certification or must be in
compliance with the Organic Foods Production Act. There is no authority to
waive the annual payment limitation of $20,000 or the total payment
limitation of $80,000.
(5) Technical assistance payments for technical service providers do not count
against the financial assistance aggregate payment limitation or the contract
financial assistance payment limitation.
(6) Total contract payment limits may not be established other than what is
authorized by statute as cited in this section. For example,. State
Conservationists may not establish a $25,000 maximumpayment cap for any
contract.
C. Aggregate Payment Limitation for Persons and Legal Entities
(1) Payment limitations will be monitored and tracked through ProTracts.
(2) For "2014 Farm Bill Contracts" the total amount of payments to a person or
legal entity under this part may not exceed an aggregate of $450,000, directly
or indirectly, for all contracts, enrolled in EQIP beginning February 7, 2014,
through fiscal year 2018. Payments received for technical assistance are
excluded from this limitation.
(i) Payments for conservation practices related to organic production to a
person, or legal entity, directly or indirectly, may not exceed in aggregate
$20,000 per fiscal year.or $80,000 during any 6-year period. Payments
received for technical assistance are excluded from this limitation.
(ii) All program payments must be attributed to persons or legal entities who
either received an EQIP payment directly or who are considered to have
receiveda payment indirectly by holding an interest in an entity that
received the EQIP payment. EQIP payments must be tracked by entity tax
identification numbers and Social Security numbers. In certain situations,
payments may be tracked using a unique identification number.
(440-515-M, 1st Ed., Amend. 110, Jan. 2017)
515.J-7

Title 440 — Conservation Programs Manual
(3) For "2008 Farm Bill Contracts," the total amount of payments to a person or
legal entity under this part may not exceed an aggregate of $300,000, directly
or indirectly, for all contracts, including prior -year contracts, entered into
during any 6-year period. Payments received for technical assistance are
excluded from this limitation. These payment limitation rules also apply to
contracts enrolled in EQIP during the beginning of fiscal year 2014, prior to
February 7, 2014.
(i) The Chief may waive the $300,000 payment limitation, allowing up to
$450,000 per person or legal entity. for projects of special environmental
significance.
(ii) Payments for conservation practices related to organic production to a .
person or legal entity, directly or indirectly, may not exceed in aggregate
$20,000 per fiscal year or $80,000 during any 6-year period. Payments
received for technical assistance are excluded from this limitation. The
Chief is not authorized to waive the payment limitation for the organic
initiative.
(iii) All program payments must be attributed to persons or legal entities who
either received an EQIP payment directly or who are considered to have
received a payment indirectly by holding an interest in an entity that
received the EQIP payment. EQIP payments must be tracked by entity tax
identification numbers and Social Security numbers. In certain situations,
payments may be tracked using a unique identification number.
(4) Persons or legal entities who are members of joint operations, partners in a
general partnership, or participants in a joint venture may be eligible for a
separate $450,000 payment limitation if all of the following apply:
(i) Each individual has a separate and distinct interest in the land or the
agricultural, forestry, or livestock production involved.
(ii) Each individual exercises separate responsibility for such interest.
(iii) Each individual maintains funds or accounts separate from that of any
individual or entity for such interest.
(5) Members of a Tribe (business type 20) or not -for -profit organization
(business type 10) do not receive any direct or indirect benefits from EQIP
and are not required to attribute EQIP payments received to individual
members. EQIP payments paid to the entity or organization will be tracked
only to the entity's tax identification number. Payments to an entity or
organization are limited to the payment limitations that were current as of the
time the contract was enrolled.
(6) Contracts with an Indian Tribe are not subject to contract or payment
limitations. However, payments made to individual Tribal members may not
exceed payment limitations. Such payments may only be made to the Tribal
member if a Bureau of Indian Affairs or Tribal official certifies in writing that
no one individual will receive more than the payment limitation. The Tribal
participant must also provide annually a listing of individuals who received
program payments, by tax identification number or other unique identification
number, during the previous year to verify that payment limitations to
individuals has not been exceeded. If verification indicates that excess
(440-515-M, 1st Ed., Amend. 110, Jan. 2017)
515.J-8

Title 440 — Conservation Programs Manual
payments were made to individuals above allowable payment limitations,
recovery of funds may be required.
(i) Federally recognized Native American Indian Tribes or Alaska Native
corporations (business type 20) are exempt from the adjusted gross income
payment limitations regardless of the number of contracts entered into by
the Indian Tribe or Alaska Native corporation.
(ii) Where a Tribal official is the only authorized representative to approve
contracts for Tribes, EQIP contract obligations and payments will be
attributed to the Tribal entity or individual to receive payment.
D. Inherited Land
With respect to inherited land under EQIP contracts, payment limitations will not ,
apply to the extent that the payments from any contract on the inherited land
cause an heir who is a parry to an EQIP contract on other lands prior to the
inheritance to exceed the applicable payment limitation. See 7 CFR Section
1400.100.
E. Advance Payments
(1) Contracts Approved Prior to the 2014 Act
Applications accepted from historically underserved groups are eligible to
receive an increased payment rate, advance payments, or be evaluated under
special subaccounts, as specified in individual program regulations and .
policies. Historically underserved EQIP participants may receive an advance
of up to 30 percent of the total EQIP practice payment to purchase materials
or services to implement a practice associated with a contracted practice
installation.
(2) Contracts Approved During FY 2014 and Later
Historically underserved EQIP participants may receive an advance of up to
50 percent of the total EQIP practice payment to purchase materials or
services to implement a practice associated with a contracted practice
installation. If funds provided in advance are not expended during the 90-day
period beginning on the date of receipt of the funds, the funds must be
returned to the agency in a reasonable time as determined by the State
Conservationist.
F. Waiver Authority
For EQIP contracts enrolled through the Regional Conservation Partnership
Program (RCPP), waiver policy for AGI may be found at 440-CPM, Part 515,
Subpart F, Section 515.53.
(440-515-M, 1st Ed., Amend. 110, Jan. 2017)
515.J-9

Melissa
From: dhbuckslayer2l <[e-mail]>
Sent: Tuesday, January 16, 20181:35 PM
To: Rosebrock, Melissa
Subject: RE: [External] Fwd: Re: FW: Hutchison Dairy
Good afternoon, dad just picked up letter from post office today. He taking it to someone that can help him understand
what it is saying. It seems to have alot of information regarding the stock trail and not the accidental litter spill. Not
understanding why that is. But he will have it back to your office within the10 day grace period. Thanks
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message -------
From: "Rosebrock, Melissa" <melissa. roseb rock@ ncde nr.gov>
Date: 1/8/18 10:27 AM (GMT-05:00)
To: dhbuckslayer2l <[e-mail]>
Cc: "Chandler, Rebecca D" <[e-mail]>
Subject: RE: [External] Fwd: Re: FW: Hutchison Dairy
Thanks. Derek, I received both emails. Please include what is to take place in your/your dad's NOV/NOl response letter to
Division of Water Resources (Sherri Knight).
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock .ncdenr gov

Winston-Salem Regional Office
. 450.W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: dhbuckslayer2l [mailto:[e-mail]]
Sent: Saturday, January 06, 201811:03 AM
To: Rosebrock, Melissa <[e-mail]>
Subject: [External] Fwd: Re: FW: Hutchison Dairy
Here is my response back to Lee.
Sent from my Verizon, Samsung Galaxy smartphone
Original message
From: dhbuckslayer2l <[e-mail]>
Date: 1/6/1811:02 AM (GMT-05:00)
To: "Holcomb, Lee - NRCS, Wilksboro, NC" <[e-mail]>
Subject: Re: FW: Hutchison Dairy
In his response he makes mention of a exception. Not understanding why containing the cows on top of hill at the
lagoon pond why that is not consider a waste management, instead of letting cows go thru creek. Need to get the

person he mentioned to approved the exception out here to discuss if they would help fund any portion of the facility,
grading, concrete,ect
Then I would see about get funding for roof, equipment my self.
Sent from my Verizon, Samsung Galaxy smartphone

Rosebrock, Melissa
From: dhbuckslayer2l <[e-mail]>
Sent: Thursday, January 18, 2018 3:04 PM
To: Rosebrock, Melissa
Subject: [External] Letter
Good day, I have the letter wrote,getting someone to proof read it to make sure i have touched on all your concerns.
Hope that your office takes in concentration that the elevated numbers in the creek is due to the stock trail and not the
minable litter spill
Milking 80 cows, so that means 1st milking back and forth is 160 cows traveling thru. Then you got 2nd milking which
is another 160 going thru, which means there is over 300 cows traveling thru the stream 365 days of the year. I know
this is a problem, for over 3 years I have been in contact with soil and water. They have been out at farm several times
with no solutions besides them telling me out of sight out of mind which I don't agree with. Hope that your office, DOT,
DOT bridge- crew and soil and water comes up with a solution to fix this on going problem instead of forcing the family
farm into bankruptcy.
Thanks for your time.
Sent from my Verizon, Samsung Galaxy smartphone

Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Friday, January 19, 2018 4:11 PM
To: 'dhbuckslayer2l'
Subject: RE: [External] Distance from creek
I will print and provide to my supervisor, Sherri Knight (she signed the letter you received). Thanks Derek.
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa. rosebrock(7 ncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: dhbuckslayer2l [mailto:[e-mail]]
Sent: Friday, January 19, 2018 3:24 PM
To: Rosebrock, Melissa <[e-mail]>
Subject: [External] Distance from creek
Enclosing 2 pictures of distance from the creek where the litter spill occurred. In letter it stated 20 ft, which I no was just a guess
due to no ruler. Please forward to whom ever needs to see, didn't enclose it in the letter that we sent
Thanks
Sent from my Verizon, Samsung Galaxy smartpho

Photographs
Attachment D

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Hutchison
12/06/2017
Page 2 of 11

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nperrnitted Discharge
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Hutchison
12/06/2017
Page 10 of 11

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Parcel Report
Wilkes County, NC
Parcel ID
1903529
Account #
13048
PIN
3994-30.9805
Property Address
TRAPHILL RD
Owner Name(s)
HUTCHISON, CLIFTON G ✓f< MARGIE
Owner Mailing Address
6501 TRAPHILL ROAD
TRAPHILL, NC 28686
Tax. Information
Deed Book and Page
Building Value
Total Value
Acres
0995/0149
$5,000.00
$79,210.00
15.700
Detailed Parcel Report
Deed Date
Land Value
Sale Price
21-Dec-05
$74,210.00
$80,000.00
Page 1 of 1
Thursday, December 7, 2017
County Seal Wilkes County
WARNING: THIS IS NOT A SURVEY
110 North
This map is prepared for the inventory of real property found within this jurisdiction, and is
Street
compiled from recorded deeds, plats, and other public records and data. Users of this map
Wilkesboro,
11
are hereby notified that the aforementioned public primary information sources should be
NC 28697
consulted for verification of the information contained on this map. The County and mapping
company assume no legal responsibility for the information contained on this map.
https://maps2.roktech.netlwilkesgomaps4lReportslUserDefinedldata.cfm?obj ectids=943489&visLayers=2... 12/7/2017

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Parcel Report
Page 1 of 1
Wilkes County, NC
Parcel JD
1903028
Account #
13046
PIN
3994-20.8293
Property Address
6501 TRAPHILL RD
Owner Name(s)
HUTCHISON, CLIFTON G & MARGIE
Owner Mailing Address
6501 TRAPHILL ROAD
TRAPHILL, NC 28685
Tax' Information
Deed Book and Page
Building Value
Total Value
Acres
$2,400.00
$166,250.00
37.700
Detailed Parcel Report
Deed Date
Land Value
Sale Price
01-May-96
$163,850.00
$0.00
Thursday, December 7, 2017
County Seal Wilkes County
WARNING: THIS IS NOT A SURVEY
110 North
This map is prepared for the inventory of real property found within this jurisdiction, and is
Street
compiled from recorded deeds, plats, and other public records and data. Users of this map
Wilkesboro,
are hereby notified that the aforementioned public primary information sources should be
NC 28697
consulted for verification of the information contained on this map. The County and mapping
company assume no legal responsibility for the information contained on this map.
https://maps2.roktech.net/wilkesgomaps4/Reports/UserDefined/data.efm?objectids=943487&visLayers=2... 12/7/2017

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Parcel Report
Page 1 of 1
Wilkes County, NC
Parcel ID
1902696
Account #
12431
PIN
399.3.39.7294
Property Address
TRAPHILL RD
Owner Name(s)
HUTCHISON, GUY VERNON
Owner Mailing Address
C/O CLIFTON HUTCHISON
6601 TRAPHILL RD
TRAPHILL, NC 28686
Tax Information
Deed Book and Page
Building Value
Total Value
Acres
Detailed Parcel Report
Deed Date
$1,500.00 Land Value $80,830.00
$82,330.00 Sale Price $0.00
15.60b
Thursday, December 7, 2017
County Seal Wilkes County
WARNING: THIS IS NOT A SURVEY
110 North
This map is prepared for the inventory of real property found within this jurisdiction, and is
Street
compiled from recorded deeds, plats, and other public records and data. Users of this map
Wilkesboro,
are hereby notified that the aforementioned public primary information sources should be
NC 28697
consulted for verification of the Information contained on this map. The County and mapping
company assume no legal responsibility for the information contained on this map.
https://maps2.rokte.ch.netlwilkesgomaps4lReports/UserDefinedldata.cfm?objectids=939391 &visLayers=2... 12/7/2017

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Parcel Report
Wilkes County, NC
Parcel', ID
1903637
Account:#
13046
PIN'
3993-49-5514
Property Address
TRAPHILL RD
Owner. Name(s)
HUTCHISON, CLIFTON G S MARGIE
Owner Mailing Address
6501 TRAPHILL ROAD
TRAPHILL, NC 28685
Tax Information
Deed Book and Page
Building Value
Total Value
Acres
Detailed Parcel Report Friday, December 29, 2017
1219/280 Deed Date
$0.00 Land Value
$95,180.00 Sale Price
25.170
18-Decr15
$95,180.00
$0.00
County Seal Wilkes County WARNING: THIS IS NOT A SURVEY
110 North This map is prepared for the inventory of real property found within this jurisdiction, and is
Street compiled from recorded deeds, plats, and other public records and data. Users of this map
Wilkesboro, are hereby notified that the aforementioned public primary information sources should be
NC 28697 consulted for verification of the information contained on this map. The. County and mapping
11 company assume no legal responsibility for the information contained on this map.
Page 1 of 1
https://maps2.roktech.nettwilkesgomaps4/Reports/UserDefined/data.cfin?objectids=939373&visLayers=2,3,6,8&bbox=9023695.5,4343475.... 12/29/2017

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Supporting Documents
Attachment F

Incident Report
401
f` Report Number: 201800067
Dlvlsion of Water Resources
Incident Type :
Complaint
On -Site Contact:
Category
APS - Animal
First/Mid/Last Name:
Incident Started :
12/06/2017
Company Name:
Country:
Wilkes
Phone
City'
Pager/Mobile Phone:
/
Farm # :
97008
Responsible Party
Owner:
Reported By:
Permit:
First/Mid/Last Name:
Justin Henderson
Facility:
Company Name:
First Name;
Clifton
Address :
Dwr-Wsro
Middle Name:
G
450 W Hanes Mill Rd Ste 300
Last Name:
Hutchison
City/StatefZip :
Winston-Salem NC 27105
Address:
6501 Traphill Rd
Phone:
Page/Mobile Phone:
/
City/State/Zip :
Traphill NC 28685
- Phone:
Material Category:
Estimated Qty: UOM:
Chemical Name
Reportable Qty.ibs. Reportable Qty.kgs.
DD:MM:SS Decimal
Position Method:
Unknown
Latitude :
36° 18' 53" 36.314700
Position Accuracy:
Nearest Second
Longtitude :
-81 ° 03' 26"-81.057200
Position Datum:
Unknown
Location of Incident:
Across road from Hutchison Dairy
Address:
6501 Traphill Rd
City/State/Zip :
Traphill
NC 28685
Report Created 1/12/18 2:39 pm Page: 1

Cause/Observation :
Complaint alleging runoff of animal waste from pasture along north
side of Traphill Road. Application field directly across from
below -threshold "Hutchison Dairy." Mr. Hutchison was applying cattle
waste onto parcel #1903529 when honey wagon reportedly
malfunctioned (valve remained open) while making sharp turn in
comer of field, within a few feet of UT E. Prong Roaring River. Site of
the discharge is approximately 0.5 miles upstream from the E. Prong
Roaring River.
Action Taken :
Waste was scraped back several feet from stream soiltwaste tilled -in
and covered with straw to reduce the chance of additional runoff.
Incident Questions:
Directions :
Comments :
Waste observed in UT on north side of road, in culvert under road,
and in UT on the south side of road. Stream is located approx. 20 ft
from site of malfunction. Liquid brown waste observed along stream
bank on both sides of the road. Strong odor detected in water below
culvert. No algae or fungal material present at the discharge site. No
sludge worms in tributary on date of investigation.
Did the Material reach the surface Water? Yes Conveyance : Other
Surface Water Name ? East Prong Roaring River
Did the Spill result in a Fish Kill? No
If the Spill was from a storage tank indicate type:
Estimated Number of fish?
(Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type
Incident closed
Requested Additional Information
Report Entered
Incident Start
Report Received
Referred to Regional Office - Primary Contact
Event Date
2018/01/12
1:58:16
2017/12/06
2:21:00
2017/12/06
2:21:00
2017/12/06
2:21:00
Due Date Comment
Report Created 1/12/18 2:39 pm Page : 2

DIVISION OF WATER QUALITY
November 1, 2000
MEMORANDUM:
To: Kerr T. Stevens
Through: Jeff Poupart
Through: Larry D. Coble
From: Melissa Rosebrock
Subject: Recommendation for Individual Permit
Hutchison Dairy #97-08
Wilkes County
Since 1997, the referenced facility has shown a history of non-compliance, unpermitted
discharge, and water quality concerns. The Winston-Salem Regional Office recommends that the
Director determine that this facility lose their "deemed permitted status" and be required to
obtain anindividual non -discharge permit for both farms in Wilkes County. This
recommendation is being made even -though the dairy operation was certified for only 80 dairy
cattle.
Our request is based on the following concerns documented by the Winston-Salem
Regional Office:
- DWQ compliance inspection performed 9/17/97 noted evidence of past discharge from waste
storage pond located on Traphill Road.
- NOV issued for 10/02/99 overflow of smaller waste storage pond located on Mountain View
Road. Inspection was a result of a complaint.
- NOV issued for 08/03/00 overflow of waste storage pond on located on Traphill Road. This
overflow was discovered as a result. of a DWQ compliance inspection. See attached photos.
- Only ten inches of freeboard was noted in the waste storage pond on Mountain View Road.
This inspection was performed 9/14/00 as a result of a complaint. See attached photos.
- No waste application, soil analysis, waste analysis, or Certified Animal Waste Management
Plan records have been available for any DWQ inspection or SWCD review.
Our files also contain documentation of several opportunities and efforts by this office to
encourage Mr. Hutchison to maintain adequate freeboard. We have also noted prior efforts of the
Wilkes County SWCD in providing their assistance to Mr. Hutchison in dealing with these
matters.

Hutchison Dairy
November 1, 2000
Page 2
. The Winston-Salem Regional Office considers this facility to be a continuing, immediate
threat to the environment. We request that you initiate appropriate action from your office
regarding the individual permitting of the Hutchison Dairy. Please contact me at [phone]
x265 for any additional information you may need.
Attachments
cc: DWQ - Non -Discharge Compliance and Enforcement Unit
Wilkes County Soil and Water Conservation District
Rocky Durham - Soil and Water Conservation District. MRO
Marlene Salyer - Soil and Water Conservation District WSRO
WSRO Facility Files
Central Files

AC45679 North Carolina Division of Water Resources Water Sciences Section Laboratory Results
Loc. Descr.:
ABOVE CULVERT
County:
WILKES
Collector:
R CHANDLER VisitlD
Region:
WSRO
Report To
WSRO Location ID:
WSRO NLC
River Basin
YADKIN
Collect Date:
12/06/2017 Priority
CDC
Emergency
Collect Time:
17_66 Sample Matrix:
SURFACEWATER
COC Yes/No
YES
Sample Depth
° Loc. Type:
River/Stream
Final Report
Sample ID:
AC45679
PO Number #
Date Received:
12/07/2017
Time Received:
OB_30
Lebworks LoginlD
MSWIFT
Delivery Method
NC Courler
Final Report Date:
12/20/17
Report Print Date:
12/20/2017
if this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes.
Result/ Units Method Analysis
CAS # Analyte Name P(�, L Qualifier Reference Date Validated by
LAB
Sample temperature at receipt by lab 2.2 °C 12r7/17 PGAUTHIER
MIC
BOD, 5-Day in liquid 2.0 2.0 U mg/L SM 5210 B-2001 12/7/17 ESTAFFORDI
Coliform, MF Fecal in liquid 1 2200 B4Q7 CFU/100ml SM 9222 D-1997 1217/17 ESTAFFORDI
Turbidity 1.0 6.8 NTU SM 2130 B-2001 1217117 ESTAFFORDI
NUT
NH3 as N in liquid
0.02
6.06
mg/L as N
EPA 350.1 REV 2
12/12/17
CGREEN
NO2+NO3 as N in liquid
.0.02
1.1
mg/L as N
EPA 353.2 REV 2
12/12/17
CGREEN
Phosphorus total as P in liquid
0.02
0.09
mg/L as P
EPA 365.1 REV 2
12/15/17
CGREEN
Total Kjeldahl N as N in liquid
0.2
0.35
mg/L as N
EPA 351.2 REV 2
12/13/17
CGREEN
WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
"Not Detected" or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL.
Page 1 of 1

AC45680 North Carolina Division of Water Resources Water Sciences Section Laboratory Results
Loc. Desca:
AT CULVERT
County:
WILKES.
Collector:
R CHANDLER
VisitlD
Region:
WSRO
Report To
WSRO
Location ID:
WSKO NLC
River Basin
YADKIN
Collect Date:
12/06/2017
Priority
COC
Emergency
Collect Time:
16_56
Sample Matrbc:
SURFACEWATER
CDC Yes/No
YES
Sample Depth
Loc. Type:
River/Stream
Final Report
Sample ID: -
AC45680
PO Number #
Date Received:
12/07/2017
Time Received:
08_30
Labworks LoginlD
MsVA
Delivery Method
NC Courier
Final Report Date:
12/20/17
Report Print Date:
12/20/2017
If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes.
Result/ Units Method Analysis
CAS # Analyte Name PQL Qualifier Reference Date Validated by
LAB
Sample temperature at receipt by lab 2.2 °c
1217/17 PGAUTHIER
MIC
BOD, 5-Day in liquid 2.0 4.3 mg/L SM 5210 B-2001 12/7/17 ESTAFFORDI
Coliform, MF Fecal in liquid 1 8600 B4Q1 CFU/100ml SM 9222 D-1997 12/7/17 ESTAFFORDI
Turbidity 1.0 13 NTU SM 2130 B-2001 1217/17 ESTAFFORDI
NUT
NH3 as N in liquid
0.02
0.13
mg/L as N
EPA 350.1 REV 2
12/12/17
CGREEN
NO2+NO3 as N in liquid
0.02
3.3
mg/L as N
EPA 353.2 REV 2
12/12/17
CGREEN
Phosphorus total as P in liquid
0.02
0.16
mg/L as P
EPA 365.1 REV 2
12/13/17
CGREEN
Total Kjeldahl N as N in liquid
0.2
0.86
mg/L as N
EPA 351.2 REV 2
12/13/17
CGREEN
WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 276994623 [phone]
"Not Detected" or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL.
Page 1 of 1

AC46681 North Carolina Division of Water Resources Water Sciences Section Laboratory Results
Loc..Descr.:
BELOW CULVERT
County:
WILKES
Region:
WSRO
River Basin
YADKIN
Emergency
CDC Yes/No
YES
Collector:
R CHANDLER
Report To
WSRO
Collect Date:
12/0612017
Collect Time:
17:16
Sample Depth
VisitlD
Location ID:
WSRO NLC
Priority
CDC
Sample Matrix:
SURFACEWATER
Loc. Type:
River/Stream
Final Report -
Sample ID:
A045681
PO Number #
Date Received:
12/07/2017
Time Received:
Am
Labworks LoginlD
MSWIFT
Delivery Method
NC Courier
Final Report Date:
12/20/17
Report Print Date:
12120/2017
If this report is labeled preliminary report, the results have not been validated. Do not use for -Regulatory purposes.
Result/ Method Analysis
CAS # Analyte Name P L Qualifier Units Reference Date Validated by
LAB
Sample temperature at receipt by lab ' 2,2 °C 1217/17 PGAUTHIER
MIC
BOD, 5-Day in liquid 2.0 8,2 mg/L SM 5210 B-2001 12/7/17 ESTAFFORDI
Collform, MF Fecal in liquid 1 40000 Q1 CFU/100ml SM 9222 D-1997 1217/17 ESTAFFORDI
Turbidity 1.0 16 NTU SM 2130 B-2001 1217/17 ESTAFFORDI
NUT
NH3 as N in liquid
0.02
0.28
mg/L as N
EPA 350.1 REV 2
12/12/17
CGREEN
NO2+NO3 as N in liquid
0.02
3.6
mg/L as N
EPA 353.2 REV 2
12/12/17
CGREEN
Phosphorus total as P in liquid
0.02
0.43
mg/L as P
EPA 365.1 REV 2
12/15/17
CGREEN
Total Kjeldahl N as N in liquid
0.2
1.4
mg/L as N
EPA 351.2 REV 2
12/13/17
CGREEN
MISS Chemistry Laboratory» 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
"Not Detected" or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL.
Page 1 of 1

ORTHOPHOSPHATE
$15.65
TOTAL KJELDAHL NITROGEN
$20.48
TOTAL PHOSPHORUS
$20.39
Wet Chemist
CHLOROPYLL a
$34.73
COD
$19.84
COLOR ADMI
$46.26
COLOR Platinum Cobalt
$13.52
CYANIDE
$32.61
DISSOLVED SOLIDS
$13.43'.
FORMALDEHYDE
$38.11
HEXAVALENT CHROMIUM
$27.66
Ion Chromoto raph Bromide, Chloride, Fluoride, and Sulfate
$41.87
MBAS
$29.23
OIL & GREASE
$37.80
$113.40
H
$6.58
PHENOL
$25.54
SILICA
$14.58
SULFIDE
$16.10
SUSPENDED RESIDUE
$12.85
residue -fixed
$9.16
'Suspended
Suspended residue -vol
$9.16
Tannin and Li nin
$10.34
TOTAL RESIDUE
$11.90
Volatile Or anics
GC/MS Volatile Organics
$115.33
$346.00
Gasoline Range Organ ics (TPH)
$57.94
$173.81
Semivolatile Or anics
GUMS SemiVolatile Or anics/$23.18 For extraction
$251.24
GUMS Semvolatile Or anics/$69.53 For extraction
$753.72
Diesel Range Organics (TPHDRO)/$23.18 for extraction
$84.33
Diesel Range Organics (TPHDRO)/$69.53 for extraction
$252.98
Pesticides
Or anochlorine .Pesticides/$23.13 for extraction
$130.56
Or anochlorine Pesticides/$69.53 for extraction
$391.82
Or anonitro en Pesticides
$138.33
Or anonitro en Pesticides
$414.99
Or ano hos horus Pesticides
$140.74
Or ano hos horus Pesticides
$422.22
Acid Herbicides/$23.18 for extraction
$164.56
Acid Herbicides/$69.53 for extraction
$493.66
PCB's /$23.18 for extraction
$124.15
PCB's /$69.53 for extraction
1 $372.44
* Solid includes sediments, soils and sludge(residuals)

Analytical Costs for NC DWR Chemistry Lab
Date 7/1 /15
The OFFICIAL COPY is the on-line version. All other copies are considered unofficial and
uncontrolled
http://dea. nc.aov/about/divisions/water-resources/water-resources-data/water-sciences-home-oaae/microbiology-inoraanics-
branch/suppl ies-technical-assistance#Cost-per-Analysis
Metals
Aluminum AI
$13.01
$39.03
$52.04
Antimony (Sb)
$13.01
$39.03
NA
Arsenic As
$14.55
$43.66
$58.22
Barium (Ba)
$13.01
$39.03
$52.04
Be Ilium Be
$13.01
$39.03
NA
Boron B
$13.01
$39.03
NA
Cadmium Cd
$13.01
$39.03
$52.04
Calcium (Ca)
$13.01
$39.03
NA
Chromium Cr
$13.01
$39.03
$52.04
Cobalt Co
$13.01
$39.03
$52.04
Copper Cu
$13.01
$39.03
$52.04
Hardness by Calculation
$0.00
NA
NA
Hardness by titration
$16.30
NA
NA
Iron (Fe)
$13.01
$39.03
$52.04
Lead Pb
$13.01
$39.03
$52.04
Lithium (Li)
$13.01
$39.03
NA
Magnesium M
$13.01
$39.03
$52.04
.Manganese Mn
$13.01
$39.03
$52.04
Mercury H
$24.02
$72.06
$96.08
.Mercury by EPA Method 1631 H)
$63.04
NA
NA
Molybdenum Mo
$13.01
$39.03
NA
Nickel Ni
$13.01
$39.03
$52.04
Potassium K
$13.01
$39.03
NA
Selenium Se
$14.55
$43.66
$58.22
Silver A
$13.01
-$39.03
$52.04
Sodium Na
$13.01
$39.03
NA
Strontium Sr
$13.01
$39.03
NA
Thallium (TI)
$13.01
$39.03
$52.04
Tin Sn
$13.01
$39.03
NA
Titanium (Ti)
$13.01
$39.03
NA
Vanadium M
$13.01
$39.03
NA
Zinc Zn
$13.01
$39.03
$52.04
Microbioloov
ALKALINITY
$11.64
BOD 5 DAY)
$25.65
FECAL MF
$22.69
TOTAL MF
$21.14
SPECIFIC CONDUCTANCE
$10.55
TOC/DOC
$27.04
$108.15
TURBIDITY
$9.99
Nutrients
AMMONIA
$15.12
NITRATE calculated
$16.05
NITRATE + NITRITE
$18.69
NITRITE
$14.64
X3 = �8.0�
x3 = aq.97
�C3 =��.3t