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Home My WebLink About970008_NOV and Intent to Assess_20180102v—ocvI I-i✓v-03=4 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1 Clifton G. and Margie Hutchisoyn 6501 Traphill Road Traphill, NC 28685 IIIIIIIII I'll I'III 1II IIIII IIIIIIII I II III III III 9590 9403 0921 5223 9935 67 70 5§xrftd Ky (Printe ame) I C. Date of Deliver, (a-1 Is del' ery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No \,'I'ti.\ 100 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MailTm ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict Antified Mail® Delivery Certified Mail Restricted Delivery ❑ ohandec Receipt for ❑ Collect on Delivery Me , Collect on Delivery Restricted Delivery iylap 1 1 i i 1 I'❑ ❑ Signature Confirmation' Signature Corifirmation _ �01 Restricted Delivery Restricted Delivery , nn r__— Q of i .:... . — c —. -- — nnn n- US IN First -Class Mail C D Postage & Fees Paid Environ a6 Received -My 9590 9403 0921 5223 9935 67 ANj 2 9 United States Postal Service • Sender: Please print your name, address, IP+40 in this box• wirfston-Salem Regional O{{;Ce Water Quality Regional Operations Section North Carolina Department of Environmental Quality 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105-7407 s, Water Resources Environmental Quality January 2, 2018 CERTIFIED MAIL No. 7013 1710 0002 1865 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 NHCHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director On December 6, 2017, 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 DWR. 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 143-215.1 which states in part that "No person shall do any of the following things or carry out any of the - ^Nothing +Co-mpares 7�;_..._ State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 Hutchison — NOV/NOl 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 2DO=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 1 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. 4 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 col/100 mL (maximum). While the upstream exceedance maybe attributed to surrounding cattle activity in the pasture, it is clear, that the 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: 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. 143-215.6A, 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/NOI 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: W'S Fi IM M" NCDEQ DWR-Animal Waste Feeding Operations Wilkes County NRCS and Soil and Water Conservation District (via email) t- Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 970008 Facility Status: Inactive Permit: AWD970008 ❑ Denied Access Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Complaint County: Wilkes Region: Winston-Salem Date of Visit: 12/06/2017 EntryTime: 04:10 pm Exit Time: 6:05 pm Farm Name: Hutchison Dairy Owner: Clifton G Hutchison Incident# 2.01$4DOO&I Owner Email: Phone: 336-957-2208 Mailing Address: 6501 Traphill Rd Traphill NC 28685 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: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Clifton Hutchison Phone On -site representative Clifton and Derek Hutchison Phone : 336-984-0030 Primary Inspector: Mew l'}Ro�ebroc_ ekn n �«�� Phone:..7��} Inspector Signature: JIC.yY/�u✓1 Date: 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 Inppection 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 Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pit UNCOVRD CONCRETE PI 48.00 page: 3 Permit: AWD970008 Owner - Facility : Clifton G Hutchison Facility Number: 970008 Inspection Date: 12/06/17 . Inpsection Type: Compliance Inspection Reason for Visit: ' Complaint Discharges $ Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? 0 ❑ ❑ ❑ Discharge originated at: Structure Application Field Other ❑ a. Was conveyance man-made? ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) 0 ❑ ❑ ❑ 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) ❑ 01111 2. Is there evidence of a past discharge from any part of the operation? ❑ M ❑ ❑ 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 ❑ ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require M ❑ ❑ ❑ 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? 0 ❑ Cl ❑ 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 Ne 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? ❑ 0 ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ 110 ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ E 18. Is there a lack of properly operating waste application equipment? ❑ 0 ❑ ❑ page: 5