970008_CORRESPONDENCE_20171231

Postal
RECEIPTCERTIFIEP MAIL
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, 7TMICIAL USE
:13 Postage $
Certified Fee
Postmark
Return Receipt Fee Hare
(Endorsement Required)
73
:3 Restricted Delivery Fee
:3 {Endorsement Required)
:3 Total I
Sent Ta. Mr Clifton Hutchinson
9 s �; 6501 Traphill Road .........
:3 or Pt]8
Clty Sfe Traphill NC 28685 .......
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Certified ber
Provides:
■ A ma lingt
■ A unique for your ma0lzxece
r A signature upon delivery
■ A record of detivery kept by the Postal Service for two years
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a duplicate return receipt,a USPS postmark on your Certified Mail receipt is
regwred.
■ For an additional fee, delivery may be restricted to the addressee or
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cie at the post office for postmarking. If a postmark on the Certified Mail
receipt i3 not needed,detach and affix label with postage and mail,
IMPORTAIM.Save this receipt and present it when making an Inquiry,
"S Form 3800,January 2D01(Reverse) 102595-01-M-1049

� ENDER: 1 also wish to receive the follow-
-FA O Complete items 1 and/or 2 for additional services. ing services(for an extra fee):
m Complete items 3,4a,and 4b. 10
O Print your name and address on the reverse of this form so that we Can return this ai
card to you. 1, ❑ Addressee's Address V
lb p Attach this form to the front of the mailpiece,or on the back it space does not
permit. 2. ❑ Restricted Delivery
Q Write'Retum Receipt Requested'on the mailpiece below the article number.
6 The Return Receipt will show to whom the article was delivered and the date O
p delivered. u
3.Article Addressed to: T 4a,Article Number 76 O
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5 ' 4b.Service Type
8 Mr Clif�'Hutchison ❑ Registered _ji�rCertified �
650I T aphill Road ❑ Express Mail ❑Insured N
W
c Traphill NC 28685
Return Receipt for Merchandise El COD
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7.Date o Delivery
5�Received By:(Print Name 8.Addressee's Address(Only if requested and C
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PS F rill ,December 1994 102595-99-B-0223 Domestic Return Receipt

,Firs
-Class
UNITED STATES POSTAL SERVICE Postage ge& Mail
Pos & Fees Paid
I L LISPS
Permit No.G-10
U Print your name, address, and ZIP Code in this box 0
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IYATER QUALITY SECTION V\ RECEIVED
-7585 WAUGHTOWN STREET C. De t. of NR
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iNSTON SALEM NC 27107-2241 p
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Regional Office',

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Rosebrock, Melissa
From: Holcomb, Lee - NRCS,Wilksboro, NC <[e-mail]>
Sent: Thursday, December 07, 2017 2:34 PM
To: Rosebrock, Melissa
Subject: [External] Cliff Hutchison Address
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Melissa,
Cliff said 6501 Traphill Rd,Traphill, NC is his mailing address. He stated that 5624 Traphill Rd is the dairy headquarters address.
Just talked to him and he said he plans to call you back.
Hope this helps,
Lee
Z" P,
Supervisory Soil Conservationist—Team 4
Wilkes,Surry,Yadkin, Forsyth, &Stokes Counties
TEA►m 4
Headquarters
Wilkes SWCD Field Office
416 Executive Drive,Suite C
Wilkesboro, NC 28697
(Work)336-838-3622 x 107
(Work Cell) 252-370-0318
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1

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Property Details:
lSTART 159 UNIQUEID 119593
1 MPARCEL ID1903529. ACCOUNT 13046
J
IFUMV E R IMAIL-ADDRI 6501'HLJTCH1SM,,CUFT0N:&MARGLE.-
OWNER2
TRAPHILLROAD DR2
"
:1 CITY I RAPHILL [STATE !NC
il![MP�_CODE 128685 [CLASS JR1
FIRE DIET 'FOB FIRE NAME 1TRAPHILL
,TOWNSHIP PROP_ADDR JRAPHILLRD
ORTHQ_NUM (1,3994 PI-N 13694-30-9805
TOTAL ACRE 15.7 LAND-VAL !75270
_UAN�-VAC-_ 0� SLOG VAL 0
1 [c6iifir
�f6��_V�c75270 o _YA -175270
BK_PQ :995/149 IHOOK `995
AGE 1149 JDEED�_DATE 1212 MOD.5

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I _ — Site 650I TRAPHILL RD
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Property Details:
START 314 UNIQUEID
- - �19164
PARCEL ID A903028 [ACCOUNT ---�,13046
,[OWNER? — HUTCHISON,CLIFTON G$ MARGIE [OWNER2
[MAIL ADDR1 �f6501 TRAPHILLROAD -- �iN`AIL_ADDR2�
f—� '��
CIS TY rTRAPHILL Y —STATE i•NC- _---
!f ZIP_CODE 128685 ��-- - -— _--- --CLASS JjR1
1(FlRE_DIST _T= ,1 F06 --—� — FlRE_NAME TRAPHILL
. - ---' -�. ._... E .,
TOWNSHIP ,I�TRAP HILL-- — PROP_ADDR - —- - ---
— `6501 TRAPHILL RD
i_---- --- - —
�ORTHO_NUM 3994 [PIN 399420 8293
(TOTAL ACRE 37.7 - — - ---- - LAND VAL - �l 166640 — —
(AGLAND VAL 128510 SLDG VAL ,E2290
TOTAL_VAL i30800 COSTTOT VA 158930
BK PG JF K r759/6g2 �OO IE759
C _ _ _
.PAGE - ,'602 �^ DEED_DATE

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Your search found the following database information.Map will display in a few moments.
PMPEFMCARD PRINTFOMAY
SEARCH RESULTS:
;PARCEL-ID r1903529
,ACCOUNT 13046
I�W jHUTCHISON, j
,OWNERI ICLIFTON& I,
�� _ JMARGIE —�
�OWN ER2
�- j6501
(MAIL ADDR1 TRAPHILL
IROAD
MAIL ADDR2
rCITY - FRAPHILL
STATE NC
2 -
_..
27P CODE 28685 _
,CLASS _ - R1
_1
FIR F06� j
FIRE NAME TRAPHILL
)TOWNSHIP _
rPROP ADDR TRAPHILL RD
ORTHO_NUM 3994
IPIN 3994-30-9805
DOTAL_ RCA E 151 —
jLAND-VAL 75270 -
A GLAND VAL o
'rBLDG VAL
TOTAL VAL 75270
tCOSTTOT VA 75270
IBK_PG 995/149
rBOOK----995 ---
PAGE 149 v`
DEED DATE 12/21/2005
OLD NEIGH -4 08
iNEIGH_BORHD'40800
i SAALLE-DAT£�12/21/2005
SALE PRICE 80000

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Site:TR-4PMLL RD
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roperty Detaib:
;[START 533 �UNIQUEID 19333
JPARCELJD I1902695 COUNT 2431
F6WNERl 1HUTCHISON,GUY VERNON f0WVWER2
MAIL iib�l _ jLC/O CLIFTON HUTCHISON [IW7 �6501 TRAPHILL RD� j
ICITY {TRAPHILL iT TE7
—CODE k28685 LAIii Rl
107p� _,[ — _
FIRE DIST- FOB fIRENAME '' PHlLL- — � [
SHIP �TRAPHILL PROP ADDR tITRAPHILL RD
�ORTHO NUM 3993 TPIN 2 3993-39-7294
TOTAL%_ACRE 15.7 V [L!ANQ_VAL Z[il 77i
F,kGLANDYAL 11390 [iML!76JAL .2000
[T&AL VAL i 13390 Co TTOT VA .183770
[BOOK
_
PAGE — f _16 biiQ AfE

.. .... :1,�����'4.f'I'�;xy f''Ir it .:r• !ji : i :'trt_i'
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the Day of,.,.
2002, and together with the Notice of Violation was served as follows:
on the s-l-day of
2002, at the following place: 6 S o 1
(Fill in address where copy delivered) r
By:
(Serving Officer)
Check one of the following:
Personally delivering copies to the named individual;
Left with o _ , who is a person of suitable age discretion and
who esides in the named individual's dwelling house or place of business.
If not served on the named individual, state reason:
Wilkes County Sheriff,
(Sheriff Signature) (Date)
Fee $: Waived State Agency) _ Paid by: Nl A
Please return this form to:
NC Dept, Of Environment and Natural Resources
Water Quality Section
,� �VE�
585 Waughtown Street
Winston-Salem,NC 27I07-2241 ? s ' 7 � �
O C T ' 2002
e f
;:. � 7 ce

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

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

' MATE Michael F.Easley,Governor
OWilliamR G.Ross Jr.,Secretary
N orth Carolina ent of Environment and Natural Resources
Alan W.Klimek,P.E.Director
> Division of Water Quality
O "C
August 5, 2002
CERTIFIED MAIL 7001 2510 0001 4778 5826
RETURN RECEIPT RE UESTED
Mr. Clifton Hutchinson
6501 Traphill Road
Traphill,NC 28685
SUBJECT: Notice of Violation
Compliance Inspection
Hutchinson Dairy,#97-08
Wilkes County
Dear Mr. Hutchinson:
This letter is to summarize the water quality concerns and violations observed during a June 24, 2002 .
compliance inspection performed by Division of Water Quality (DWQ) staff from the Winston-Salem Regional
Office. A copy of the final inspection report is enclosed for your review.
As we discussed during the inspection, there are four main issues that could/are affecting the water
quality in an unnamed tributary to East Prong Roaring River. The items described below are to be addressed
immediately and a written response to these items is expected within two weeks of receipt of this letter.
Your response is to include statements and specific descriptions as to how the following water quality concerns
have been/are to be addressed:
1. Six inches of animal waste was observed in an unnamed tributary to East Prong
Roaring River on the date of the inspection. ,Cattle were observed congregating at
both ends of the culvert that passes under Traphill Road, causing manure and
sediment to accumulate in these areas. It appears that the surface water passing
through the culvert is picking up much of the manure and sediment and depositing it
downstream. Approximately 1300- feet of stream has been impacted by your
operation. This is a violation of North Carolina General Statute (NCGS) 143-
215.10C, your Certified Animal Waste Management Plan (CAWMP), and deemed
permit_ As suggested, the cattle should be excluded from the stock trail except to
travel from the pasture to the milking parlor. The stock trail and culvert area needs to
be scraped and repaired immediately in order to avoid enforcement action.
2. On June 24. 2002, only 12 inches of freeboard was observed in the waste storage
structure located at-the dairy on Traphill Road. This situation poses a serious threat to
the environment due to the potential for an unpermitted discharge to waters of the
State. This is especially concerning since the waste storage structure is only 80 feet
uphill from an unnamed tributary to East Prong Roaring River (Class C). Our records
also indicate that you were previously cited for an overflow violation that occurred in
August 2000. The waste level should be pumped to at least 18 inches below the top of
the concrete structure and the waste land-applied to an actively growing ,crop
specified in your CAWMP. �wia
NCDENit
N.C.Division of Water Quality/Water Quality Sect on 585 Waughtown Street Winston-Salem,NC 27107 [phone] Customer Service
1 800 623-7748
v� -

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

`„J �s G, �Ir:r�.i .+- r „•' _ +.5-.0 2e Ott.
Wisk bf.Y aterQuality
w 1S10n Df SOII and Water Conservation r ,a t � r
- _ i ty' r .ram S
.Other Acy
O gen
E
Visit tJ Compliance Inspection O Operation Review Q Lagoon Evaluation
for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility-Number 97 g Date of Visit: 6/24/2002 Time: 1255
O Not Operational O Below Threshold
©Permitted ®Certified [3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: . _._. ...._.._..
Farm Name: ....................................'----........ ....... County: Wiftm........................ .... MRQ........
........ .......................... ..................
Owner Name: CZiftq1k.................................... HiatcWsom.................................................. Phone No: -95.7-2.z01�................................ ___
Mailing Address: 5h��.Tx aphill.liu� ............................................................................ Traphxll,.K..........................................................
Facility Contact: Cliiff:.Hu dAUSQU...........................................Title: .......................................... ........"I........ Phone No: ......................._ ----_----
Onsite Representative: CIAff.Hutc ximspin....................................................................... Integrator:............................
Certified Operator:................................................... ............................................................. Operator Certification Number:................. .. ... .�..
Location of Farm:
rwy.21 north of Elkin to Traphill Rd.9 miles on Traphill Rd.,SR1002 and farm is on the left. Second,smaller pond is A,
ocated on Mountain N'iew Rd.
♦�
❑Swine ❑Poultry ®Cattle ❑ Horse Latitude 36 • 18 53 Longitude 81 • 03 26
Design, Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑Wean to Feeder JE3 Layer ®ID:Dairy 80 71
10 Feeder to Finish JEJ Non-Layer JE1 Non-Dairy
❑Farrow to Wean
❑Farrow to Feeder ❑Other
❑Farrow to Finish Total Design Capacity 80
❑Gilts
❑Boars A Total SSLW 112,000
Number of Lagoons © ❑Subsurface Drains Present ❑Lagoon Area IEI Spray Feld Area
Holding Ponds/SoIid Traps 0 ❑No Liquid`'Paste Management System
Discharges S Stream impacts
1. Is anv discharge observed from any part of the operation? ❑Yes ®No
Discharge originated at: ❑Lagoon ❑Spray Field ❑Other
a. If discharge is observed, was the conveyance man-made? ❑Yes ❑No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑Yes ❑NO
c. If discharge is observed,what is the estimated flov,-in gal/min?
d. Does discharge bypass a lagoon sysrem?(lf yes, notifi DWQ) ❑Yes ❑No
2. IS there evidence of past discharge from any part of the operation?
❑Yes No
3. NVere there an%•adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Yes ❑No
NVacte Collection S Treatment
4. is storage capacity(freeboard plus storm storage)less than adequate? ❑Spillway ❑Ycs ®No
5truetur: 1 Structure 2 Structure Structure 4 Structure 5 Srrucvur: 6
lden:itier: ......U'.aste.uonG..... ........... ................................... ..................................
Freeboard (incites!: 12
0_/03/01 Continued

Facility Number: 97-8 Djof Inspection 6/24/2002
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑Yes ❑No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑Yes ®No
28. Is there any evidence of wind drift during land application? (i.e.residue on neighboring vegetation, asphalt, ❑Yes ®No
roads,building structure,and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑Yes ❑No
30. Were any major maintenance problems with the ventilation fan(s)noted? (i.e.broken fan belts, missing or
or broken fan blade(s), inoperable shutters,etc.) ❑Yes ®No
31. Do the animals feed storage bins fail to have appropriate'cover? _❑Yes ❑No
32. Do the flush tanks lack a submerged'fill pipe or a permanent/temporary cover? Cl Yes ❑No
-Additional- omments'and/or Drawings.
TL
16.Per operator,he has not pumped storage structure due to flat tire on the on the honey Wagon.
18. No maps were with the CAWMP.
19.No records were available.'Waste plan is written for 80 cattle w/90 day storage in ss-aste storage structure. Operator says he
hasn't applied cattle waste since December 2001 and these records were not available.
24.and 25.Need to take stream samples fpor possible enforcement case.
Milk hauler is picking-up about 7100 to 76001bs.'of milk every-other-day.
Visited second farm on Mountain Valley(?)Road off of Traphill Road.
Need to keep cattle out of fenced buffer area. Otherwise the operation looks much better this year. A bout 3100 to 3700 lbs. milk is
icked-up every-other-day.
D
05103101

K
EXHIBIT E—k
FORM SLI,-2 Slurry and Sludge Application Field Record -
One Fotm for Each Field per Crop Cycle
Tract# Feld# - _..��_ Facility Number — -
Feld Sae(acres)=(A) 17 __�._.... .
Farm Owner a k Iof a Zr, iJ iu _- Spreader Operator �¢
Owners Address 6 '� 7—A4 I�/ t '(� Spreader Operators Address PA u �y�
/1�! .5 - <_
Owner's Phone# -f-;7 Operator's Phone# T J or`` O
From Waste Utilization Plan '
Crop Type Recommended PAN
Loading obslacre)_(B)
(1} (2) (4) {5} (6) (7) (8)
Total Volume
Date #of Loads per Feld Volume of Loads' (gallons) Volume(gallacre) Waste Analysis PAN: (lbslacrre) N��a� 3
mmlddlyr (3)x(2) ) (1bs/1ODG gal) _(61 x (55) (B)-7)
Lai low
343oo ZQ3, 50Q qa5a
fl _te9 'k - --- - --- - -
u
Crop Cycle Totals 't-
Owner's Signature Operator's Signature
Certified Operator(Print __ Operators Cerifiication No.
,CRECEIVED
' be found in operators manual for the spreader. Contact a local dealer if you do not have your owners manual
z NCDA Waste Anaylysis or Equivalent or MRCS Esdrnate,Technical Guide Section 633.
Enter the value received by subtracting colurnn M from(B). Continue subtracting column(T)from cohunn(8)following each appfica e1'rl .R-Salem -
- - - - _
_ eglona! p

Re:Hutchison Farm#97-08 _
Subject: Re: Hutchison Farm#97-08
Date: Thu, 16 Aug 2001 11:52:39 -0400
From: Jeff Poupart <[e-mail]>
To: Melissa Rosebrock <Melissa.Rosebrock @ncmail.net>
As long as you or Soil and Water don' t sign off on the removal he will
stay on the list
Melissa Rosebrock wrote:
> Hey Jeff,
> I knew that he had requested to be removed Iast year. I don 't feel
> comfortable signing off on this one yet (signing the confirmation)
> since everytime I've seen him in the last three years his waste ponds
> have been full or overflowing. The only exception was the most recent
> inspection performed in July 200I. SWCD feel that he should be looked
> at for at least another 2 years prior to them signing off as well.
> You may want to ask Ron Howard, but I don 't think their thoughts have
> changed on this one.
> Melissa
> Jeff Poupart wrote:
>> Hutchinson requested to be removed. The computer shows that it has
>> not
>> been confirmed yet but Soil and Water or the District can confirm it
>> also. I asked Sonya tro keep it on the list but the system is not
>> perfect.
>> Melissa Rosebrock wrote:
»
>> > Jeff, a few weeks ago you ask whether we wanted to persue an
>> > injunction to get this facility to apply for. an individual
>> permit. I
>> > just completed a 'compliance inspection there two weeks ago and
>> they
>> > actually looked better than I had seen them in last couple of
>> years.
>> > My thought is to inspect them for 2-3 more years and then allow
>> them
>> > to come off the "list" officially if they still look ok. They
>> have
>> > never been above 100 cows and are only certified for around 80.
>> The
>> > only reason they got certified in the first place was to be able
>> to
>> > get cost share money. I have several facilities like this.
>> > My concern is that this facility was not on Sonya 's Iist of
>> > inspections to be performed this year. What happened? I never
>> signed
>> > any form to confirm that they are below threshold or that they
>> should
>> > not be inspected. I would never have known to even look at them
>> > except that I was familiar with the past problems at this farm.
>> Can
>> > we keep looking at them for at least a couple more years, and if
>> there
>> > are problems again, then persue an injunction if needed?
of 2 8/16/2001 11:55 AM

Re:Hutchison Farm#97-08
» > Thanks. Melissa
>> > Melissa Rosebrock
>> > NC DENR Winston-Salem Regional Office
>> > Division of Water Quality, Water Quality Section
>> > 585 Waughtown Street
>> > Winston-Salem, NC 27107
>> > Voice: (336) 771-4608 ext 265
>> > FAX: (336) 771-4630
> Melissa Rosebrock
> NC DENR Winston-Salem Regional Office
> Division of Water Quality, Water Quality Section
> 585 Waughtown Street
> Winston-Salem, NC 27107
> Voice: (336) 771-4608 ext 265
> FAX: (336) 771-4630
>
2 of 2 8/16/2001 1 1:55 AM

Cochrane and Hutchinson Dairies
Subject: Cochrane and Hutchinson Dairies
Date: Fri, 09 Mar 2001 09:56:37 -0500
From: Jeff Poupart<[e-mail]>
To: Melissa Rosebrock <[e-mail]>,
Keith Haynes <[e-mail]>, Forrest Westall <[e-mail]>,
Larry Coble <[e-mail]>
CC: Dennis Ramsey <[e-mail]>
I tried again to get the farms desiginated for permits. Based on some
other cases It now looks like we will need to proceed with some judicial
proceeding ; OAH or court. we have numerous different types of
facilities in this type of situation and I am awaiting word from the
AG's office on how we will proceed and internal meetings on
implementation. Rest assusred that I will not let the issue die. If
there is an improvement in the compliance of these facilities and you no
longer wish to pursue a individual permit: please let me know. Thanks
1 of 1 3/9/2001 10:55 AM

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 an individual 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.
"V Y"

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

NORTH AROL[NA DEPARTMENT OF
4 ENVIRONMENT AND NATURAL RESOURCES
NCDENRDIVISION OF WATF-R QUALITY
September 22, 2000 �y } � �`
S 6 'Hi1NT.,IR „.. �+P - O7 E p�
CroOVERNOR b 4 R ,�
3 ;, Clifton Hutchinson S
6501 Traphill Road Ep ��
t TraphilI NC 28685
HOLMAN" 11
SECRETARY Subject: Operator in Charge Designation flat
1 Facility ID: 97-08
e County: Wilkes
cat ty tlys LLINS Dear Mr. Hutchinson:
Y,wrY.dYl.�l
'CHAIRMAN'
rt ' A review of the Water Pollution Control System Operators Certification Commission files
indicates that you may not be compliant with the requirements of 15A NCAC 8F .0201. This
rule requires owners of animal waste management systems to designate a properly certified
M
Operator in Charge (01C).
Our review indicates that the following information is missing from your file:
No operator designation form has been r6ceived.
No OIC was designated.
"- X The designated OIC is not properly certified. Jimmy Moody is not
S:
IN n currently certified as an animal waste management system operator.
The designated back-up OIC is not properly certified.
The operator designation form was not signed by either the OIC, the
back-up OIC, or the system owner.
T7 iPlease return a properly completed form to the WPCSOCC, 1618 Mail Service Center,
p P Y p .
Raleigh, NC 27699-1618, within 30 days from the date of this letter. If you have any
.--��- questions, please call me at 919-733-0026, extension 3I3.
Sincerely,
Beth Buffingt n
' Technical Ass to e and Certification Unit
d'. enclosures
cc:Central Files
Non-Discharge Enforcement/Compliance Unit
Winston Salem Regional Office
" WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COM®
1618 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 2769 9-1 6 1 8
PHONE [phone] FAX [phone]
.w AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509,' RECYCLEO/10% POST-CONSUMER PAPER

NORTH CAROLINA DEPARTMENT OF
+ ENVIRONMENT AND NATURAL RESOURCES
DErNR DIVISION OF WATER QUALITY
`.', WINSTON-SALEM REGIONAL OFFICE
August 14, 2000
GOVBRN.01:`'• °,;,4 CERTIFIED MAIL 7099 3220 0006 8505 8392
RETURN RECEIPT REQUESTED
E3I•'L,HOLMAN" Mr. Clifton Hutchison
IW SECRETARY
„g 6501 Traphill Road
Traphill, NC 28685
t KERRe5T1;VEN9, SUBJECT: Notice of Violation
DIRECTOR Compliance Inspection
Hutchison Dairy #97-08
t �� i Wilkes County
a
Dear Mr. Hutchison:
On August 3, 2000 Melissa Rosebrock of the Division of Water Quality from the
.' Winston-Salem Regional Office performed a compliance inspection on your farm. Staff
'` , ; `< • t noted several items that warrant your immediate attention.
On the date of the inspection it was discovered that waste had and was
continuing to overflow from the waste storage pond located on Traphill Road. On the
-F ' y
date of the inspection, waste had overflowed from two sides of-the waste storage pond,
' extending downhill 20 feet. Our concern is that the discharge of waste was only 60 feet
from an unnamed tributary to East Prong Roaring River, which is Class C water within
{ s ' the Yadkin River Basin. This poses an immediate threat to the environment due to the
potential for discharge to surface waters of the State.
/f h
.9 You should also be aware that the non permitted discharge of any type of wastewater
_ to the waters of the State is illegal and is a violation of North Carolina General Statute
(NCGS) 143-215.1(a), which states:
No person shall do any of the following things or carry out any of the
following activities until such person shall have applied for and received from
the Commission a permit therefore and shall have complied with such
conditions,if any are prescribed by such permit...Make any outlets into waters
of the State.
This means that you could be subject to this penalty even if the farm is below
certifiable threshold numbers. Our files also indicate that a previous Notice of Violation
was issued to you on December 10, 1999 for inadequate freeboard of your other waste
storage pond located on Mountain Valley Road in Wilkes County. Please note that, in
this region of the state, you must have a minimum of 18 inches of extra storage in your
p.. waste pond at all times.
S88 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLE13/10% POST-CONSUMER PAPER •,n/,'
Vl•

Hutchison Dairy
August 14, 2000
Page 2
Please note that each certified animal facility in the State is also required to have an
Emergency Action Plan. The Plan States that in the event of an emergency, such as a discharge, the
owner/operator of the facility is required to notify the Division of Water Quality within 24 hours of
the discovery of the emergency situation. We received no such notification from you prior to the
date of the compliance inspection. The failure to notify the Division is considered a Violation of
your Certified Animal Waste Management Plan and the illegal discharge is subject to civil
penalties of up to$25,000 per day, per violation.
Additionally, It was also noted that the dam of the waste storage pond was heavily vegetated.
In fact, vegetation was so overgrown around the waste storage structure that we were unable to
conduct a thorough inspection. Excessive vegetation is a concern since it can. provide sheltered
areas for insects and burrowing animals; interfere with establishment and maintenance of desirable
vegetative cover; hinder visual inspection of the dam; and impair its structural integrity. The heavy
vegetation needs to be removed and a grass cover crop maintained.
Please respond, in writing, to this Notice within 14 days of receipt of this letter. Your
response should indicate your intentions to correct the referenced violations. The Winston-Salem
Regional Office appreciates your cooperation 'in this matter. If you have questions concerning this
Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
/7Zk Larry D. Cable
Water Quality Supervisor
cc: Wilkes County NRCS/SWCD
DWQ-Nondischarge Compliance and Enforcement Unit
Rocky Durham-MRO
WSRO Facility Files
Central Files

COMPLAIN REPORT
Division of Water Quality
WINSTON-SALEM-REGIONAL OFFICE
DATE: qJ1110 d•
TIME:--A1n
PM
DID CALLER ASK TO REMAIN ANONYMOUS? Yes No J�
(If yes, skip to DIRECTIONS)
NAME OF CALLER: Le r O Q Y an n y M i I IL .gym pccC o r-
0
ADDRESS : 519
TELEPHONE NUMBER: 3� �35. 3 S�o2 7
DIRECTIONS :
®
SOURCE OF POLLUTION:
COUNTY: (/CJ - -
NATURE OF CALL:
REPORT REFERRED TO:
IMMEDIATE ACTION TAKEN: -All
COMPLAINT RECEIVED BY: Ae

1611
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Type of Visit O• Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑Denied Access
Facility Number 97 U8 Date of Visit: 9/14/2000 'rime:. t440 Printed on: 911512000
Q Not Operational Q Below Threshold
E,Permitted ®Certified 0 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: .........................
County: !'!'ilk�s........................................... V...S�if?........
Farm Name: RtLtgbjsgn.Qairy.....................................................................................
OwnerName: Cli toll.................................... HIuXtwh sQm.................................................. Phone No: 33A-957-220...........................................................
Facility Contact: C11K.Utd9hiJS IX.............................................Title: ................................................................ Phone No: ...................................................
Mailing Address: 65.01.1j:aRlhlUROAd............................................................................ x'>:APULAC..........................................................
OnsiteRepresentative: ......... ............................................ Integrator:......................................................................................
Certified Operator:................................................... ............................................................. Operator Certification Number:..........................................
Location of Farm:
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. "W
❑Swine ❑Poultry ®Cattle ❑Horse Latitude 36 " 187 53 « Longitude 81 • 03 1 26 46
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
❑Wean to Feeder I JE]Layer I I Dairy 1 80
❑Feeder to Finish ❑Non-Layer ❑Nop-Dairy
❑Farrow to Wean
❑
❑Farrow to Feeder Other
❑Farrow to Finish Total Design Capacity 80
❑Gilts
❑Boars Total SSLW 112,000
Number of Lagoons :�' ❑Subsurface Drains Present ❑Lagoon Area ❑Spray Field Area
Holding Ponds 1 Solid Traps 1** ❑No Liquid Waste Management System
Dischar"e &Stream Impacts
1. Is any discharge observed from any part of the operation? ❑Yes ®No
Discharge originated at: ❑Lagoon ❑Spray Field ❑Other
a. If discharge is observed,was the conveyance man-made? ❑Yes [:]No
b. If discharge is observed,did it reach Water of the State?(If yes,notify DWQ) ❑Yes ❑No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system'?(If yes, notify DWQ) ❑Yes ❑No
2. Is there evidence of past discharge from any part of the operation? ❑Yes ®No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑Yes ®No
Waste Collection &Treatment
4. Is storage capacity(freeboard plus storm storage)less than adequate? ❑Spillway ®Yes ❑No
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: Samllex.Paud.... .................................... ................................... .................................... .................................... ....................................
Freeboard(inches): 10
5100 Continued on back

Facility Number: 97-08 Date of Inspection 9/14/20Q0 Printed on: 9/15/2000 '
5. Are there any immediate threats to the irlty of any of the structures observed?(ie/tre*ere erosion, ®Yes ❑No"
seepage,etc.) `
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan? ❑Yes ®No 7'
(If any of questions 4-6 was answered yes,and the situation poses an
immediate public health or environmental threat,notify DWQ)
7. Do any of the structures need maintenance/improvement? ®Yes ❑No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑Yes ®No
9. Do any stuctures lack adequate,gauged markers with required maximum and minimum liquid level
elevation markings? ®Yes ❑No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑Yes ❑No
11. Is there evidence of over application? ❑Excessive Ponding ❑PAN ❑Hydraulic Overload ❑Yes ❑No
12. Crop type
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan(CAWMP)? ❑Yes ❑No
14. a)Does the facility lack adequate acreage for land application? ❑Yes ❑No
b)Does the facility need a wettable acre determination? ❑Yes ❑No
c)This facility is pended for a wettable acre determination? ❑Yes ❑No
15. Does the receiving crop need improvement? ❑Yes ❑No
16. Is there a lack of adequate waste application equipment? ❑Yes ❑No
Required Records&Documents
17. Fail to have Certificate of Coverage&General Permit readily available? ❑Yes ❑No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/WUP,checklists, design,maps,etc.) ` ❑Yes ❑No
19. Does record keeping need improvement?(ie/irrigation, freeboard,waste analysis&soil sample reports) ❑Yes ❑No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 0 Yes ❑No
21. Did the facility fail to have a actively certified operator in charge? ❑Yes ❑No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/discharge,freeboard problems,over application) ❑Yes ❑No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑Yes ❑No
24. Does facility require a follow-up visit by same agency? ❑Yes ❑No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑Yes ❑No
No yibla p,fis. r de ficiencies�were;noted dutiiig�this;visit.•;You'will i-Oceive.n6•furthei-•-•;
'corres" ondence about this,visit:
Comments'(refer to question#): Explain any YES answers and/or any recommendations or,any other comments.
Use drawings,of facility to better explain situations.(use additional pages as necessary):
Only questions 1-9 were addressed.
**#4. This visit was as a result of a complaint called in regarding an overflow from the smaller of two waste ponds used by Mr.
Hutchison. The pond in question is located on Mountain View Road off Traphill Rd.
#5. and#7. Pond was found to be VERY overgrown with trees, weeds,briars, etc. Freeboard was estimated at approx. 10 inches. No
overflow was noted.
#9. Could not locate a marker due to vegetation on and around dam.
Reviewer/Inspector Name Melissa Rosebrock `
Reviewer/Inspector Signatu Date: Sapp

State of North Cara
Department of Env nment
and Natural Resources •
Division of Water Quality — OWL
James B. Hunt,Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND N lT`URA RESOURCES
December30, 1999 N.C. D00 ' EHNA
JAN i
Clifton Hutchison
2�40
Hutchison Dairy Salem
6501 Traphill Road Winston-Salem
Traphill NC 28685-9022 Regional Office
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 97-8
Wilkes County
Dear Clifton Hutchison:
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded,you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals,and commercial fertilizers.
Beginning January 1, 2000,all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. 1RR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2,
SLD1,and SLD2)and maintained in the facility records for review. The Division of Water Quality(DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter,please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at(919) 733-5083 ext. 571.
Sincerely,
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Wilkes County Soil and Water Conservation District
Facility File
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%a recycled/10%a post-consumer paper

VA
c . NOR IOLINA DEPARTMENT OF
' ENVIRONMEN'1'AND NATURAL RESOURCES
I
WINSTON—SALEM REGIONAL OFFICE
DIVISION OF WATER QUALITY
..r December 10, 1999
A' JAMES B:HUNTJR.
4hGOVERNOR
CERTIFIED MAIL NUMBER Z-333 044 937
RETURN RECEIPT REQUESTED
Mr. Clifton Hutchison
6501 Traphill Road
Traphill, NC 28685
SUBJECT: Notice of Violation
Animal Feedlot Operation Inspection
Hutchison Dairy
Wilkes County
w
Dear Mr. Hutchison:
'0' The purpose of this letter is to summarize the inspection of your smaller dairy located on
Mountain Valley Road on December 2, 1999. Melissa Rosebrock and Jenny Rankin with
the Winston-Salem Regional Office were present for the inspection.
The inspection of your facility was in further response to a complaint that this office
received alleging that your storage pond was overflowing. Upon investigation of this
• _- complaint it was found that the storage pond did not appear to over-top, but the storage
i pond had inadequate freeboard. This poses an immediate threat to the environment due
to the potential for discharge.
The waste from the storage pond was being land applied on the day of complaint
-__ investigation. It appeared that an effort was being made to get the waste level down to
1 an appropriate level. In this region of the state, you should have a minimum of 18 inches
of extra storage in your storage pond at all times.
=_ Please be aware that although you are under the threshold number of 100 cows, which
y
requires you to have a Certified Animal Waste Management Plan (CAWMP), if your
facility poses a threat to public health or the environment, you could be required to create
and implement a CAWMP. Please also be advised that the non-permitted discharge of
DAany type of wastewater to the waters of the State is illegal as per North Carolina General
Statute 143-215.1 and could subject you to civil penalties of up to $25,000 per day per
violation. This means that you would be subject to this penalty even ifyou were under
the certifiable threshold number of 100 cows.
f-
h
^ a
585 WAUGHTOWN STREET,WINSTON-SALEM,NORTH CAROLINA 27107
' ,-
- -+ PHONE 336-771•4600 FA%338-771-4831
AN EQUAL OPPORTUNITY!AFFIRMATIvE ACTION EMPLOYER-809E RECYCLEO/10%POST-CONSUMER PAPER
V 1

Mr. Clifton Hutchison
December 10, 1999
Page#2
On the day of the inspection it was also noted that the dam of the storage pond was heavily vegetated
which compromises the structural integrity of the dam. The heavy vegetation needs to be removed
and a grass cover crop should be maintained. Due to the heavy vegetation we were unable to
adequately inspect the entire dam.
In addition, there was a corrugated black pipe protruding from freshly turned soil on the back side
of the dam. We were told that this was an old overflow pipe that was no longer used. We request
that this pipe be completely removed from the dam.
A follow-up inspection will be performed in several weeks to assure there is adequate freeboard in
the storage pond. Your cooperation in this matter is greatly appreciated. Should you have any
questions or concerns,please do not hesitate to contact Jenny Rankin or myself at the Winston-Salem
Regional Office.
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: Wilkes County SWCD
Central Files
WSRO

GO.-MPLAI T REFUH1 .
DIVISION OF LQ'VIRONMENTAL MNAGENENT
WINSTON-SALEH REGIONAL OFFICE nATE: - ?il; 19 `11�
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NAME OF CALLER. !
ADDRESS: :lJ rwv : //1 c��cJ
S ee_ F.O.Box
City Zip
TELEPHONE NUMBER:
POINT OF POLLUTION:
DIRECTIONS:
SOURCE OF POLLUTION:
NATURE OF CALL' /IR•
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State of North Carol*
Department of Environment •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
A. Preston Howard,Jr.,P.E., Director NORTH CARouNA DiumARTMeNT of
ENVIRONMENT AND NAruRAL RESOURCES
July 17, 1998
CERTIFIED MAIL RECEIVED
RETURN RECEIPT REQUESTED Dept. of E H N R
Vernon Hutchison S E P - 3 1398
6501 Traphill Road
Tra hill NC 28685i�SO�t- �
p Regional Of#ica
E .
Subject: Special Agreement
Certified Animal Waste Management Plan
Hutchison Dairy
Facility Number: 97-8
Wilkes County
Dear Vernon Hutchison:
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 2, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Vernon Hutchison in order to
allow additional time for Vernon Hutchison to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of"Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement,please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. Ail dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
P.O.Box 29535,Raleigh,North Carolina 27626.0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%.recycle&10% post-consumer paper

y • •
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at [phone] ext. 571or Ms. Sonya Avant at [phone] ext. 571.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File—Non-Discharge Compliance/Enforcement Unit
1DW Q_Regional_Office
Dewey Botts—Division of Soil and Water
Shannon Langley
Central Files

NORTH CAROLINA •
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF WILKES
IN THE MATTER OF )
SPECIAL AGREEMENT
FACILITY NUMBER: 97-8
VERNON HUTCHISON
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Vernon Hutchison, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as
the Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations-and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non-Discharge system.
(d) "OWNER"has secured assistance from a certified technical to develop animal
waste management system which, once certified, will meet or exceed all
applicable guidelines and standards and will be able to comply with all aspects of
the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER"from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by November 15, 1998.

• Farm Number: 97-8 •
• Special Agreement
Page 2
(b) "OWNER"shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER'S" control; or
e. Any combination of the above causes.
Failure within thirty(30) days of receipt of written,demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty(30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).

Farm Number: 97-8
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Hutchison Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

- i
State of North Carea
Department of Environment,
and Natural Resources
Division of Water Quality An
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT ANo NATURAL RESOURCES
MEMORANDUMArCel�td NR
N.C. Dept
TO: Regional Water Quality Supervisor MAR 0 5 1998
5 'f
FROM: Shannon Langley 1MinstOn-SA10M
Regional"officeSUBJECT: Application for special agreement
PIease find attached a copy of application fo(special:agre:emen)tfr facility number q7- .
Any comments that the regional office can provide on the issuance of a special agreement to this
facility by the EMC would be greatly appreciated. Please provide any comments in writing (e-
mail messages are acceptable) to me as soon as possible.
Thank you for your timely assistance in this matter. If you have any questions, please call me at
733-5083, ext. 581.
ATTACHMENT
4V
ASSIGNED TODUE
wV:
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT)
I. GENERAL INFORMATION:
1. Applicant (Owner of the Facility): __ :�h,J-p
2. Facility No.: 2.—
3. Facility Name: ,/7�/ C 6s /A a N 421'7/,e�z
/
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
legally responsible for the facility and its compliance):
5. Mailing Address- �w� �R'o
City: dne State: /VC Zip:.
Telephone No.: �33 d) _ _ 5 _� d $r _
6. County where facility is located:
7. Operation Type (Swine, Poultry, Cattle):
8. Application Date:
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate'Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into-a special agreement with an operator who registered by
September 1, 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
-e 4 r tftg,,.4+
FORM SPAG 1/98 Page l of 4

�. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts signed
D. Funds expended
E. Improvements made to the system
F. Animals removed and not retoacked at the facility
G. Other actions taken ff [
P. A t Ck+tLPnI4
FORM 5PAG 1/98 Page 2 of 4

t
11. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION :
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of not.restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
eYdOSivt Ve6;ETA-T` L)f) )i
Applicant's Certification:
I, , attest this application for a Special Agreement
with e E C XhassKeeWrev,fewed by me and is accurate and complete to the best of my
knowledge. I understand if all required parts of this application are not cot-hpletedand_if all
required supporting information and attachments are not included this application package will
be returned as incomplete. Furthermore. I attest by mY�ignature that I fully understand that if
this facility is found to be ineligible to enter i to a special agreement with the EMC noth' n
this document removes my responsibility and liability for complying with all North Carona
General Statutes and Regulations. I understand that the failure to meet any dates that are agreed
upon by myself and the EMC will resin in_ap_pWriate enforcement actions being taken by the
EMC.
ef
Print Name of Owner
Date 2 -,,2
Signatu of Owner
FORM SPAG 1/98 Page 3 of 4

Required Items:
One I original and N-o 2 co ies o the cony leted and a.ppropriatel.1 executed
application jorin, along with any attachments.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS,SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON-DISCHARGE COMPLIANCEIENFORCEMENT UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
FORM SPAG 1198 Page 4 of 4

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i NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
.'. F DIVISION OF WATER QUALITY
A.'� April 17, 1998 RECEIVED
� Clifton Hutchison N.C. Dept' of EHNR
.WDENR- . Hutchison Dairy 6501 Traphil! Road APR 2 2998
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Traphill NC28685-9022 Winston-Salem
Y.JAMES 6.HUNTJR Subject: Classisfication of Animal Waste ManapA tiwteis office
g.�GOVERNOR -
.L .- ` Facility: Hutchison Dairy
Facility ID#: 97-8
Wy;=.Y•; County: Wilkes
a 'a Dear Mr. Hutchison:
�WAYNE MCCEVITT,�•
SECRETARY �,y
=I.A ' ""' t -e Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
.R
Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on
June 21, 1996. This bill requires that a certified operator be designated.as the Operator in
Charge by January 1, 1997, for each animal waste management system that serves 250 or
S�EVE,WiTEDO6R' i. more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000
u -
CHAIRMAN,y �}
„z.,-.• � , �� - .• or more confined poultry with a liquid animal waste management system. Our records indicate •
:� � that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is available for animal waste management system
operators. For information on the training programs please contact your local Cooperative
Extension Agent. Operator certifications are issued by the Water Pollution Control Systems
Operators Certification Commission (WPCSOCC). For information on the certification
process, please contact the Technical Assistance and Certification Group at 919 733-0026.
The type of training and certification required for the operator of each system is based on the
• ' nature of the wastes to be treated and the treatment process(es) primarily used to treat the
`''�` animal waste. There are two types of animal waste management systems, Type A and Type
B. Type A animal waste management systems are generally used to treat waste generated by
monogastric animals which produce a low-fiber waste, Type B animal waste management
t ; systems are generally used to treat waste generated by ruminants and other animals which
produce a high-fiber waste. The type of training and certification an operator receives should
correspond with the type of system(s) they intend to operate. For more information on the
classification of your system please contact the Technical Assistance and Certification Group.
As the owner of a registered animal operation with an animal waste management system, you
-`�- — must designate an Operator in Charge and must submit the enclosed designation form to the
WPCSOCC. If you do not intend to operate your animal waste management system yourself,
you must designate an employee or engage a contract operator to be the Operator in Charge.
The person designated as the Operator in Charge, whether ourself or another person, must
s�a�'�:��, .,•� P g P g :
possess a currently valid certificate of the appropriate type.
— �" .... —z
Sincerely,
Joseph B. McMinn, Supervisor
llu
.. , r Technical Assistance and Certification Unit
MOTS 5
cd/AW O1C Designation
Enclosure
cc: Winston-Salem Regional Office
- ^n Water Qualtiy Files
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
`r,,,c?,;, �,.i ju r1'�*T. W_!Y. P.O.SOx 29 53 5,RALE10H,NORTH CAROLINA 27 62 6-053 5
PMoNE 919-733-0026 FAX [phone]B
• ` °� •� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50°y RECYCLED/1 Oq POST-CONSUMER PAPER

State of North Carolina
Department of Environment ` •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
CERTIFIED MAIL February 11, 1998 U.CEI ED
RETURN RECEIPT REQUESTED N.0, Depi3Of EHNfl
Vernon Hutchison FEB 2 5 1998
Hutchison Dairy Winston-Salem
6501 Traphill Road Regiohal Office
Traphill NC 28685
Subject:Request for Status Update
Certified Animal Waste Management Plan
Hutchison Dairy
Facility Number: 97-8
Wilkes County
Dear Vernon Hutchison:
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore,if the certification was not
submitted as required and the facility is still in operation,this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
Asper Senate Bill 1217,which was ratified on June 21, 1996,the Environmental Management
Commission(EMC)may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement,if issued,would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O.Box 29535,Raleigh,North Carolina 27626-0535 'Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10% post-consumer paper

Also attached is a form(Form RR 2/98)that must be filled out if the facility is no longer in operation or is
below the threshold established in15A NCAC 2H.0217(a)(1)(A). Facilities which maintain the number of animals
below cenain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File—Non-Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 501Ic recycled/10% post-consumer paper

State of North Caroa
Department of Environment,
Health and Natural Resources { •
Division of Water Quality
-Jaynes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E _ .
A. Preston Howard, Jr., P.E., Director
April 3, 1997 N.C. Dept. l f!`':' .� H
Clifton Hutchison APR 0 7 1997
Hutchison Dairy
Rt. 1 box 213D Winston-Salem
Traphill NC 28685
Regional Office
SUBJECT: Notice of Violation
Designation of Operator in Charge
Hutchison Dairy
Facility Number 974
Wilkes County
Dear Mr.Hutchison:
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience,we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997, This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S.90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you.h_ave questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
4AW_
for
Steve W.Tedder,Chief
Water Quality Section.
cc: Winston-Salem Regional Office
Facility File
Enclosures
A.O. Box 29535,. � � FAX [phone]
Ralelgh,North Carolina 27626-0535 NiwfcAn Equal Opportunity/Affirmative Action Employer
Telephone [phone] W RM 50%recycies/10%post-consumer paper