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970031_ENFORCEMENT_20171231
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY April 10, 2006 MEMORANDUM: To: Paul Sherman From: Sherri Knight `sJ Melissa Rosebrock �✓ Subject: Recommendation for Civil Penalty Case # DV 2006-0023 Hutchison Dairy Farm, AWD970031 Wilkes County On February 8, 2006 staff of the Winston-Salem Regional Office investigated a complaint alleging the discharge of waste from a dairy/cheese operation located on property owned by Mr. Barry Hutchison. Please find attached, documents supporting the Winston-Salem Regional Office's request for a civil penalty assessment against Mr. Hutchison for the unpermitted discharge of animal waste into Big Sandy Creek (Class C, trout, HQW waters). On the date of the complaint investigation, staff observed the flow of liquid animal, milk parlor, and cheese production waste from a broken PVC pipe near the cattle/milk barn area downhill and into waters of the State. The freshwater stream was also observed to contain excessive fungal growth downstream of the discharge. Several instream field parameters were recorded and stream samples obtained for laboratory analysis. The instream BOD, fecal coliform, DO, pH, and turbidity were all found to impacted by the discharge, with violations of NC Water Quality Standards documented for DO,pH, and turbidity. We request that you initiate appropriate action from your office and forward the attached package to the Aquifer Protection Section Chief. The following items are being transmitted for your review: 0 A) A completed "Findings and Decisions and Assessment of Civil Penalties." B) A completed "Water Quality Enforcement Case Assessment Factors." C) Most recent correspondence between violator and DWQ, including a copy of the "NOWNOI 10-day letter." D) Photographs of the discharge violation observed on February 8, 2006. E) Topographic maps depicting the location of the property and discharge site. F) Field parameters, sample results, and COCs. Also, a summary page outlining the laboratory results. Hutchison Recommendation for Civil Penalty April 10, 2006 Page 2 Please contact Melissa Rosebrock in our office at (336) 771-5289 for any additional information you may need. Attachments cc: Winston-Salem Regional Office Facility Files Central Files Findings and Decisions Attachment A STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF WILKES FILE NO, DV 2006-0023 IN THE MATTER OF ) BARRY HUTCHISON } } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF NORTH } CIVIL PENALTIES CAROLINA WITHOUT A PERMIT IN } VIOLATION OF 15A NCAC 2H .0217 AND ) N.C.G.S. 143-215.1 } Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Barry Hutchison owns and operates Hutchison Dairy Farm, a dairy and cheese production operation located on Traphill-Brown Road in Wilkes County. B. Hutchison Dairy Farm was deemed permitted as a non-discharge facility on February 1, 1993 in accordance with Title 15A North Carolina Administrative Code Subchapter 2H Section .0217 (15A NCAC 2H .0217). C. On February 8, 2006, in response to a complaint, DWQ staff inspected the Hutchison Dairy Farm. Staff observed a discharge of animal waste from the cattle lot, and then into Big Sandy Creek. Big Sandy Creek is a Class C Trout HQW water of the State within the Yadkin Pee-Dee River Basin. D. Barry Hutchison had no valid permit for the above-described activity. E. The cost to the State for the enforcement procedures in this matter totaled $761.65. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Barry Huchison is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Big Sandy Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). C. The above-cited discharge constitutes making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by'G.S. 143- 215.1. D. Barry Hutchison may be assessed civil penalties in these matters pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation 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. E. The State's enforcement costs in this matter may be assessed against Barry Hutchison and pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I(b)(8). F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water 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, Barry Hutchison is hereby assessed a civil penalty of: $ for discharging waste to.the waters of the State in violation of 15A NCAC 2H .0217 and G.S. 143-215.1. $ TOTAL CIVIL PENALTY $ 761.65 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in 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; (8) The cost to the State of the enforcement procedures. (Date) Theodore L. Bush, Jr., Chief Aquifer Protection Section' Division of Water Quality Assessment Factors Attachment B DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: DV Violator: Barry Hutchison Address: 1095 Traphill/Brown Road TraphA NC 28685 Wilkes County Responsible Party: Barry Hutchison Regional Office: Winston-Salem 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 violations: The discharge and ensuing violations harmed the State's natural resources.This discharge is especially egregious since the receiving water body is classified as HQW trout waters. Big Sandy Creek flows through and from land in Stone Mountain State Park. The park's boundary (and the upstream sampling site) is only 50 yards upstream from the discharge. The resulting turbidity levels were well outside the conditions required for aquatic life (see #3, below). Complete sampling results are included as "Attachment F." To date, this office has not received any reports regarding harm to the public's health attributable to violations at Hutchison Dairy. 2. The duration and gravity of the violations: It is estimated that the discharge had been occurring for several weeks or months. The presence of such a large amount of waste adjacent to the creek and extensive fungal growth in the creek is indicative of long-term nutrient source. The source of the waste was approximately 600-750 feet uphill from the creek. 3. The effect on ground or surface water quality or quantity or on air quality: Animal waste has the potential to deplete dissolved oxygen in the affected water body to a point which is harmful to aquatic life. Milk parlor waste (which also contains manure) and cheese production waste also contains tremendous amounts of nutrients which have the potential to spawn fungal growth to the point which is harmful to aquatic life. Our investigation documented large amounts of fungal growth in the creek below the discharge area. The presence of such a large amount of fungal growth would not be typical without a constant source of nutrients, especially given that the water temperature was only 6.1°C (approximately 43°F) and that our investigation occurred during the first week of February in Wilkes County. Samples were collected upstream from the discharge site, at the discharge, and approximately 30 feet downstream from the discharge. Complete results are included in the attached "DWQ Sampling Results Summary" (attachment F).At the point of discharge, the BOD was determined to be 300mg/L. Water quality standard violations were documented at the discharge for DO,pH, and turbidity. The fecal coliform was only 14col/100m1 upstream of the discharge while increasing to 28,0006ol/100mL at the discharge. 4. The cost of rectifying the damage: Immediate costs would include labor and equipment charges for removing the liquid waste'-from the 6,500-gallon in-ground storage tank and applying it to a receiving crop. Other costs would include: 1) guttering on the cattle barn to prevent precipitation from washing additional waste into the creek and 2) removal and land application of uncovered solid waste from the rear of the cattle barn to prevent future run-off of waste into the creek during precipitation events. There is no feasible way to repair the stream at this point. 5. The amount of money saved by noncompliance: At a cost of$0,02 per gallon to pump, haul, and apply the waste to a receiving crop, this would amount to about$130 every two weeks or$3,380 annually. 6. Whether the violations were committed willfully or intentionally: We do not believe these violations to be committed willfully or intentionally. Our investigation concludes that the violations were a result of Mr. Hutchison's negligence and poor management of liquid animal waste on his farm. 7. The prior record of the violator in failing to comply with programs over which the Environmental Management Commission has regulatory authority: The WSRO is not aware of any previous violations. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = $ 100.00 17 hours by investigator for investigating and drafting report(s) @ $22.94/hr. = $ 389.98 Mileage @ 0.31 per mile for 145 miles. _ $ 44.95 Laboratory costs = $ 182.22 1.0 hour by Water Quality Regional Supervisor for review @ $ 29.50/hr. = $ 29.50 1.0 hour fox clerical support.@ $15,00/hr. = S. 15.00 Total = $ 761.65 9. Type of violator and general nature of business (i.e. individual vs. large corporation): �Tiolator is an individual owner of the property and operates a dairy cattle and cheese production operation on this site. 10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance: Once DWQ staff made the farm owner aware of the discharge, Mr. Hutchison immediately contacted the Wilkes County NRCS/SWCD office and requested their technical assistance. Mr. Hutchison's response letter states that, at their suggestion, he also contacted Gra-Mak Distributing Company and requested an irrigation design with which to install an in-ground waste application system. Within 18 days of our investigation,Mr. Hutchison had purchased all the needed equipment and installed over 2000 feet of waste irrigation pipe. Mr. Hutchison has also removed and land-applied all the uncovered waste from the rear of the cattle barn and installed guttering to divert surface water'from the barn. Mr. Hutchison has receipts documenting that he spent$6000 to $7000 to address all of the animal waste concerns at his farm. 11. Mitigating circumstances: None. .12. Owner of property where the discharge occurred: Barry Hutchison 13. Pictures of discharge (optional): Digital photos depicting the discharge violation are attached. 14. Assessment Factors: a) IWC: unknown. b) Receiving stream: Big Sandy Creek, Class C Trout HQW waters of the State. c) Damage: The financial amount cannot be determined. CERTIFICATION PAGE I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST OF MY KNOWLEDGE. M. Melissa Rosebrock Environmental Specialist II -WSRO Correspondence Attachment C Complaint/Wilkes Co Subject: Complaint/Wilkes Co From: Steve Tedder<Steve.Tedder@ncmail.net> Date: Mon, 06 Feb 2006 13:04:54 -0500 To: Melissa.Rosebrock@ncmail.net, george.smith@ncmail.net This morning I received a complaint from a gentleman that did not want to give his last name.-He said he was walking the boundary of Stone Mountain State Park and came across an area(stream) that was loaded with black muck. Evidently the stream is a ut to Big Sandy. 'He indicated that there was a dairy that abutted the state park(Dairy owned by Barry Hutchinson) He said they were pushig waste from the barns out the back, into a ravine that then tranversed the back of the farm, through the wookds some 300 yards and then into the UT. Said to go 177 to Elkin and head past the main entrance to the Park. The next on right is Long Bottom Rd...go about 3 miles to Traphill/Brown Rd and at the end is the dairy. When you drive up to the fron of the dairy, the area in quaestion is on the west side of the facility: Thats all I have. No name or phone #. Guess its a neighbor so you never know how factual the complaint is if they will not id themselves. Melissa, you want to check it out or if you want George to join you...I'll leave it to you guys . . Tedder Steve Tedder<Steve.Tedder NCmail.net> WSRo NC DENR I of 1 2/6/2006 1:42 PM ,K AECE'VED N.C.DVPL Ott t:t MAR 0 13,00 VV'Dear Ms. Knight or Ms. Rosebroc k, �tegi Reoi"an°".$3i£�-e al,Office I am writing in response to your letter about your visit to my farm on Feb. 8. As I stated the day you were here that I had absolutely no idea that the pipe had broken. It must have happened just after I checked the connections and I usually check the connections about the 2"d or P time I run the pump. It is so very hard to look at everything, every time you do them, all the way through to see that it is all in perfect working order. I honestly had no idea that something could have gone wrong to cause a problem with wash water reaching all the way to the branch so far away. You stated in your letter that it was around 750 fL to the branch, The last time I was down there as I told you was years ago but I thought it was much farther than that, far enough that I didn't ever think it could be a possibility for it to reach it. I had fixed the fallen tree and the dirt bank against it,to force all the rain water out over the area I had grassed behind the bam. As you saw the day you were here,the waterway had broken under in one area and that added to the problem which I have now repaired to make all rain water run where is supposed to go to be absorbed in. The only time that you would notice the problem would be when you were walking the entire line to check it or you happened to be there where the break occurred when you crank the pump. The people I have working for me do a good job looking out for the dairy and taking care of the cows, but because the break had only just happened,they or I had not yet seen it, I will watch everything much closer now to ensure that something like this never happens again. I am Truly Sorry that this happened but it was not intentional and was a complete accident. Something like this could happen to anyone at anytime and I hope that you will see this and not think it is necessary for a fine. I talked with Soil and Water from N. Wilkesboro that very day and they said they would send someone to find a way'to fix the problem. Barry Greer came out and looked at the situation, he said that David (I'm sorry I don't remember his last name.)new more about the correct way to disperse wash water and he would bring him back out. They both came back and looked around and said that my best way to solve everything was to get the wash water to the fields I told you about. They told me to contact an irrigation company called Gra-Mac in Mocksville, they new how to make the correct calculations and to follow their recommendations. I called and talked to them and they took my pump size(gallons per minute, inlet, outlet size etc.) and calculated the pipe size, size of the water gun needed . I told them the size of the tank and they calculated it to be a 6500 gallon tank. They said to use a SR75 water gun and that would disperse the wash water over a 250 ft. circle, they said that this was equal to 1 acre of land, and that this would be equivalent to less than '/ inch of rain to empty the entire tank. They said this should solve the entire situation and hopefully never be a problem again. I have already purchased all the pipe and connections, spray gun, and everything need for connection. We have already buried the pipe which was 2040 feet,made all the connections to the pump and connected the spray gun. The wash water problem I hope is now fixed. You said that you wanted me to get the rainwater away from above the barn so I had a 2x6 inch board added to the eve of the building so the gutter could be attached and have talked with a company that is supposed to put a 6 inch commercial gutter on the barn to make'sure to carry all heavy rains and pipe it out away from the barn. The manure on the hill is almost dry enough to drive the bobcat in to load and if the weather holds a few more days I hope to have all the manure on the hillside removed this week. I also purchased some railroad ties to fix the area you said you would like me to fix in the curve at the bottom of the hull. Building a wall out of the railroad ties should last for many years and fix this as well. So everything you wanted me to do is done or will be done hopefully this week. Again I am Very Sorry this incident happened and I don't want anything being done, going on in any way, or happening on my farm in a way that it is not supposed to be done. I want it done the way it should be done always. I do hope you will take all this into consideration and will find it not necessary to fine me for this accident,it truly was an accident. If you came out to a farm and told someone to fix a problem and they did nothing to try and fix it then you could clearly.see where there was justification for a fine,but as this was something I did not know about, and was truly an accident with the pipe breaking that I could not have foreseen. I have so many things all at the same time I have to keep going. I have the cows to look after to see if everything is going well there and in the dairy. The cheese plant to run, from the pasteurizing,to the actual cheese making,to the packaging,to the distribution. I have to take loads to Winston-Salem usually twice a week and take it to stores I put it in from Elkin to Yadkinville, Statesville, Conover,Newton, Taylorsville, North Wilkesboro, Wilkesboro and Hickory. There have been many days in the last 2 years that I have worked 16 to 21 hours a day. Taking all this into consideration and the fact that it was not intentional in any way and that I have already fixed or soon will all of the problem, I hope you will forgive this accident and not see a need for any fine. If you have any questions please call me. My telephone at home is 336-957-8588. Thank You, Barry Hutchison �0F WA TF9Q Michael F.Easley,Governor �O G William G.Ross Jr.,Secretary r ;,forth Carolina Department of Environment and Natural Resources >_ Alan W.Klimek,P.E.Dk=tns Division of Water Quality February 17,2006 CERTII:IED MAIL 7004 2510 002 2066 9620 RETURN RECE117 REQUESTED - Mr.Barry Hutchinson 1095 Traphill/Brown Road Traphill,NC 28685 SUBJECT: Notice of Violation/Notice of Intent to Enforce ComplaintMischarge Investigation Hutchinson Dairy Farm Wilkes County Dear Mr.Hutchinson: This letter is to summarize the findings of a February 8,2006 investigation resulting from a complaint received by the Division of Water Quality's Winston-Salem Regional Office(DWQ-WSRO). The caller alleged the discharge of animal waste from a farm located at the end of Traphill/Brown Road into a stream in Stone Mountain State Park. " During our investigation, WSRO staff observed the flow of liquid cattle waste from the end of a PVC irrigation pipe located on the northwest corner of the cattle/milk barn. The waste was observed flowing from the PVC pipe;downhill, and into Big Sandy Creek (Class C Trout HQW waters of the State), approximately 600- 750 feet from the cattle/nin- barn. Failure to acquire a permit prior to making an outlet to waters of the State or to cause or permit any waste to be discharged into waters of the State is a violation of NC General Statute (NCGS) 143-215.1. Upstream, downstream, and discharge samples were collected to document biochemical oxygen demand (BOD), fecal coliform, turbidity, temperature, pH, dissolved oxygen (DO), and specific conductance. We are currently awaiting laboratory results for these analyses. Photographs depicting the unpermitted discharge and receiving stream were also obtained. On the date of our investigation, you were instructed to immediately cease irrigation of animal waste from the inground tank and to pump and haul the liquid waste as needed. Liquid waste, when hauled, should be land-applied onto a receiving crop at an agronomic rate. It is our expectation that this task has been completed and that waste is no loner discharging into Big Sandy Creek. Due to the amount of uncovered cattle waste solids that have accumulated onsite, there is the potential for waste to be washed into the stream during precipiration events. You must also, therefore, begin immediately to remove solids from the down-slope area of the lot and land-apply the waste to a receiving crop at an agronomic rate. Please notify our office when this work has been.completed. No thCarolina ,Naturally Division of Water Quality/Aquifer Protection Section Customer Service 585 Waughtown Street,Winston-Salem NC 27107 1-577-623-6749 Phone: (336)771.4600 Fax: (336)7714632 Internet: http:/irt«-eiinr.stale,nc.us B. Hutchinson-NOI .February 17,2006 Page 2 The Wilkes County SWCD/NRCS office has notified us that you have requested their technical assistance. We urge your continued cooperation with the Wilkes County SWCD/NRCS staff in implementing a permanent solution to the management of cattle waste at your facility. Please respond, in writing,-detailing how you propose to eliminate the potential for any type of unpermitted discharge in the future. Include a proposed timeline and documentation showing your intention to resolve apparent and anticipated water quality issues at the dairy. The WSRO is proposing an enforcement action against you for the above referenced violations. If you have justification that this violation was caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. The WSRO will review your response and forward it to the Aquifer Protection Section Chief with the enforcement package. In the absence of any justification, the Regional Office will recommend that an enforcement action be taken immediately. Be advised that North Carolina General'Statutes now provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. Please address your response to my attention at the address shown on the letterhead. If you have any questions concerning these matters,please contact Melissa Rosebrock or me at(336) 771-4600. Sincerely, Sherri V. Knight Aquifer Protection Supervisor cc:APS-Animal Feeding Operations Permitting and Compliance Unit Wilkes County Natural Resources Conservation Service/Soil and Water Conservation District Wilkes County Health Depar ment Superintendent-Stone Mountain State Park WSRO AP Facility Files Central Files Q JUOLULIOUJIV sqdu.i toloql _ 1 'p;)poom spmmolops2uoju Buimog solsum 1 1 1 ;)sooqo puu jolmd 1 AIRS l�w.�M�µ . • . •. 9 o.o�z��YtTrlw�s o�4� �� �� • r.r�;;•db•,,t,3 � .. 4 _ ..�ram" . may,•.,•.`a��4'�h��s:����tTA�.�ti�r.,r .x+'•��• �� � ^ /��_+ i ��.� '1�`t.��u•� of - ���~it 4- ... `* ' r r, '• ' ti lit ,ti �1��' ��w�y.`r,t'• - �sip. ���ghr'��"�S` �.,�,.,.�,;.;�.rd'1'» � yr,`' � {w • .. .,.� "44 1 11ti 'jy' 4�fJ!%w "Ilt,l �f ��A'f, ` J�"�,^. .,.�ay. 'M1 lkr+ct-• -f ',,. .,�' �oyi 4 '. 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'd ,`!.-yS r . ?. 7 _z.� � �,� a_ J• }r'� (y,�,�;rr fi't1tlF..�'y�.'/-. �� 3- `3 �r K'fik;j,� .1 't yr• `.-✓l f r w 7 'K r �'f� �11� .�,^.r� /. �Y!�7 � �l �„r,J � fltl]1 Unpennitted dischargedownhill • o•!'! area towardsBig Sandy fir I n;4 4f Pt Ar 7-1 �� �� — — � ��.�,`•�•n��?:'.�' r _ w �, .. .�1, �,�:a+ice .. ;W,v f F �� "�{: ��r• �' :' - :�,'�,• •r�r,s /'f._ S!: �'"...• % l.. ��+-'cam', 1� 'r:� :'�4__�,�r� �'F.4' � � �t L'� � 4,' .• I. .5:�'' �' ' s A��tL f'� :S+",S'1 L� �'^���I _ � � +� fi�!� �� - �F•J- � " ':��'il!7+.i'1 '•`�1•- '+� �'^;,.I��r1�•'� '�� 1 ;J�.''� t,'z ��'-'// � �� -- � �,Srl ,,, . ;C�'�_:^�i"r•ir X'.•_ �--•,;:;i,'R4j'; i�r_ � I;_, •.. �� � `••:,rC- r, � � .._ - ;�1 ,l` fs f� �=�',�i'� r'..l'� .. I i., `;' f � r�� -•.'�7�7.5-,•,riLs ,'��``V'F�1 0`:. r �.,� _' � � �.ry _ .E-•��.:C�•�, •-•ti"1'vti•:i^.',= •-:" ':'"� - '�t',,e-%'��+•-'-_ '�"��ti: ;� 'r =`:'�..-��=�--„ice: _.iY.���yr�;f: --• '- ca•_'y., •`.r7,•,. ��'tin fir'_��,C•=r__:�r,�'��cc.•at} '7'...�3i-•r,. 'i: -. '�..-.-•� " .• •~t {•� _,"j"�r.,�ity�'6�.. yt��:-�.i^� +-,�_:i!A_ i?t.�.• - � +��� „r-� �:1.._, 1 „'s_�""''~ � ��jry�••-7`- -J �- � zi �':a�:- ► _ +-yew- - ��.'�' y> > "/-� f 1r A/,.T_-1��r•./-�-5 .�y)✓-= __ .` •� Z - •' �.. - � �~- y'v �t7,'' ...�� 1 v.,r _ •-� +.•.t? � -r ^-. - r1 _ .' - .�ti _ .a •k- -•. '?y.,e.�• - der• ....� ..:.-` - t � _ '" ,..'r. �'r: _ - !' -}.b _.� •.���i�+�n_-.. �4nw .","�'R. / �:• _ '�'_- V' •� tip z• ,���� � '�� ��•^�'-L•_• •:`� 4- " +--�,� � - 1 •yam �"i, ��:s:•f_ u� iy J1w. 'r '+ ?a � - � it r. -. --.`. _, hj-•'�- •r•.'i �" t a•_;"_'- P�..:1/V ��.r, ''�K_..Y• —w�; i •a• ! r �X �a + a•-�"�.��_ � •~ �-,r. / ..=r� �j �f ►jam ���y '( •� 1 � GSM• y � � sy•'..r`,°rfy�J. � :mod*` }W.� ���".^+ r., 4 •i 1 e r % f�• - " mow. .r ,d-�.'rr y s t, ,�,r -q 1 .V Unpennitted discharge of milk parlor 1 cheese production into Big Sandy Creek, Class C Troutof the State. ",_�..�,r,.. :.�,rr � ,.� 1� 'rrr �' •r: r\•.r . 'Y.�?, ._. C'ra., :•Cs+' ,i S`'7 hL ��� - t »=t� , !r .!'//,J, Y•y��v e~�� `'aa:.+'• •r"- �•�_. ,, a �, t •al,�rJ � '�T�+Yr 1�,• �//,-s_ s � '+ f.a�'`��-'-,. • .e-�riti y r�S• K�'h.!� � .J-Y'•, I� / y� !/f � -F.` va r - iLx� r..--�'�x�.r a..,l,F� �a• '/�Yt r � .r.�v`. �/f ,�i � _ a�: ti. jr YL a r - �' * sr yA°�� -x°�'!�•s p•.';:-!'.r*'.•.• _,+•h 4S ra '� '7,j of� �M. 7r: ` 's� •a �-• /�/•�'• �•�'—lr,,�., pgif l�-`� ��'ya� 3 x Fx ,�rri�.7.�� �`��7..�'��.+J+� Y.rr S1 ` •L.' �. t• •' �. �•. •44aa �t '.+YF '!'r F -LI-L �r..A s. 1.�- }'Y r - L ,y-'� _:� • r `�� .r��}-C^• �rq.•. - a t. : a �S• rv�'i �F4d ws.�4 �C `., x�`�9'�•,.yti # are .:-• •.-- IJ -FT -'sue•// -l�r h f4 4'- f 4 -a }• t4yu "!r'$ J _ - e - +sue? lam �tifi r; "k�rf _,, C y'•,ti .,�.> rS._:x• .. sad.-yr r- r]' I.X" J` J'a .. •_ _ .s +^I' 11,z -- 8 =�..y s,s„ fr.�.SG•— .- •"•✓eti .a,. T !r �"ti,...��>:--�1.�r' :�.�. • ,✓„�P�?�" ra, �t+ -� �q i!v �,��}�t��.r'',r ��� ;`t .� � ti r�i _•• 'r: 'fit ~ t:a•.�F' t•�,'�{ 4 it k.r'jl z �+' "+'t'ltp k"•' y k. Excessive fungal growth located �.-�- r I�-Zy' , Y`.1 t<•^ �!�,'fx;.' � t'.� �??i�' e€r+'+� � �s.�.. "E•:.�,•' � �of��k '., , •''y, �,`" K M1'�vr: •,I t�`YY"'Yr,Y'F.ri�1 .r'.-:�• •' •7•S�:-1 i � -a! .��•y�d E" �r���.R-�3R r [-,. +y� �,:r-'�' ~��;Y ' u R iLy,>�`� " �, 1�,i �f� Y+�t ,tC fi,}��� ?�¢�r ' 'a•w+:.;a�'`s y t: _ � � ti ee"„ „"t,� J iT ri!' �^,.ti r�. '•,J' „q /s- ,AP ,f •6':4•r'[.r- /�.i-• ti ..,r t.-d r4r L:'fJ''i ��� �•r,•r� '.�' —'�' i •�t` '+t�/`> I�� a��'t/pr jrti u..ti�� •� y�¢t 1"SOr�r����?,x��J.a `+�i�'.t��� ,A - ,t 1'T q•]�.1 a � rF k �•�' '�;-w.:�J 1lf �-.*'��yli-1:.+'!��e?�t 4A a�d:. e.,,,•���K.'i, downstream rp u productiondischarge of rn-U parlor and cheese ;r:."� - � _,;;{;.�' , �_•, .. ;. ,,'ems; .:�•': -��'__,._-...,•�� � J! ya �q�;'''r+ �k_. •. Y I 1{ "'s} y T ti �i.. �': a, �,r ,j�:__J�`� L}=y rr � �t�y - •.F L r `�' :� r. -'t J�•r.,ri �-� � L ` �;s►ry '` �,h, XI- ��-^.-, tip. _�.n+.r.;�t,;;l ! •� � f� ',�;� rd i _i,i� J'� •�� 1'�r.\---�i i .y� '�Y„t .�, -;lti+y ter�._' * - ..a a +j �l;i, •� y i �` r T ; �,r,` �/JJ ��y`=.w� -..^� -.�3 1 _`;', .`- �" y .i- ..-:. r ,�fd-.. `.ty.i�.-,.'. .9,�'r 3' �•�J'�y.. �~ ,�z•F� �w � �ti"U7r; w -<• _ �i1b: .:.`-I r :..rr.� i J_�ri• f• % �,; '`_'.'e'-��'�'� _+.s ` 3►� -��.�, -►• :, _•:2� - _ !i `� "' f .� ley ��.T !jt .i `• �yr? ..' -�=,: r► .. _rr- ,9., -,•. _ � a- �a, ,•�:%�-% ��!f• �t=,.ti-�'�' -.^�. C'�; !;`•`� . .- •'�j'� -f' yJr' '� 'y� ''�* ��rII`-J'F"'r�� - rfi s^ 1. ,LCL-►`. .try X i ,'� .•G. ; a '��'.�r �, `-- -�' �:� - ,,.Rr���``` flu AL �.r �' - -.4 n is + �u '-�, � ¢.•.s♦ ��Y rrn'.,- + •W -._-ice ..� �,1\'� 1. r -"�•- --w 't.r - .r < $r-'! �i-^ :}� �.1�, �. - �1 •_.. +Y ``r � f�$ 1�.��LU v1 eti "lfi- r !'- i- !'✓.. ..'r'^ its' �- �!"� ~"w�� ,+4' ;'-�;•,ii� t� i' •�r•�+,y�*� '�Y`4M,� •• '4.•+�..•w.: {. �7.7�� _ •=• � -� c� _' -�w �yR( ,.a • ' C+.�1.'. 4 }+ r f= c ' 7 .,��jw_n=y.,,:j��!`,�S_.' 'yy- ��"• "'. f'!'A 4.}Gti4'. ��•�":'4�i'�' j� ; , t �'�•� ij���. y�, -+j.'�,� „ r4• 't„"� fir`. '-'!�-��l f_ +t .r��'^"f�.-._-Y .��'� .�'�- i' ;��ib? �5 �+ ,��1��. .� y"y r.�•�. .ay ..-}ff�"•��.1�.:•.' %t'.�v�'i1w .1• �.y} ` � r �. �'�'+"�il.i7...�'i„��... �y�t,. ,:i<7QII-� r. � '�� 1f fit ."t't. a: �_„��'[+• _ .� _.. ZU ,� sue_ :t -%'� "•�`� '�`' '..j,�.'..,'�:��� � r rIk Upstreamof discharge into Big SandyNo fungal growthobserved. Stone • Park property is l• r approximately 50 yards upstreamof discharge. 'Oul'qooldevq'966L I Lib uAdoo -'j9061 't A I Ile, I OX je r J Ile Geocode.com http://www.geocode_com/modules.php?Accept=Show+the+Results... 51.1 MAN y Ili f � Mf W ; Tele Atlas Welcome To Geocode.com February 13,2006 Main Menu Test Drive Eagle • Home •Contact Us Test drive Tele Atlas' Eagle geocoding technology • FAQ • News Archive • News By Topic These results are presented as a demonstration of Tele Atlas'geocoding technology. 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EZ-Locate Use of this Information is subject to license • EZ-Locate Interactive - 1095 Taaphill brown Road,traphill, NC 28685 •About EZ-Locate EZ-Locate returned a Near Match from the Tele Atlas map database. • Using EZ-Locate Matched Address Location (WGS-84) 2000 Census • Getting Started FIPS Count NC193 1095TRAPHILL-BROWN Decimal Degrees Deg:Min:Sec Y• •Trial Account Tract........: NC193960200 • Download Area 7RAPHILRD Lat., 36.370017 36:22:12.061N SlockGroup...:NC1939602002 L,NC28685 Lon: —081.046516 81:02:47.458W PIPS Place...: •Subscription — -- FIPS MCD.....: NC93756 • Lost Password Standard Address Postal _ _ MSA..........: 1095 TRAPHILL BROWN Site Search RD Carrier................ R001 TRAPHILL,NC DPBC................... 95 28685-9152 � Inset j, The red X represents the �~ J matched address. r a19fl T@kA.=NAM. Overview 3 1 of2 2/15/2006 5:40 PM Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index# Cook Branch From soruce to Bell C;Tr,ORW 12/01/92 Yadkin 12-46-2-2-4-1 Branch Lovelace Creek From source to Middle C;Tr 07/01/73 Yadkin 12-46-2-3 Prong Roaring River Camp Creek From soruce to Lovelace C;Tr 07/01/73 Yadkin 12-46-2-3-1 Creek Big Branch Prom source to Middle C;Tr 07/01/73 Yadkin 12-46-2-4 Prong Roaring River Double Creek From source to Middle C;Tr 07/01/73 Yadkin 12-46-2-5 Prong Roaring River Harris Creek Prom source to Double C;Tr,HQW 08/01/90 Yadkin 12-46-2-5-1 Creek Middle Prong From Wilkes County SR C 04/06/55 Yadkin 12-46-2-(6) Roaring River 1736 to Roaring River Camp Branch From source to B 04/06/55 Yadkin 12-46-3 Roaring River Wolf Branch Prom source to Camp B 04/06/55 Yadkin 12-46-3-1 Branch East Prong From source to Garden C;Tr 07/01/73 Yadkin 12-46-4-{1) Roaring River Creek Bullhead Creek Prom source to East C;Tr,ORW 12/01/92 Yadkin 12-46-4-2 Prong Roaring River Rich Mountain From source to Bullhead C;Tr,ORW 12/01/92 Yadkin 12-46-4-2-2 Creek Creek Stone Mountain From source to East C;Tr 07/01/73 Yadkin 12-46-4-3 Creek Prong Roaring River Widows Creek From source to East C;Tr,ORW 12/01/92 Yadkin 12-46-4-4 Prong Roaring River East Prong Prom Garden Creek to B;Tr 07/01/73 Yadkin 12-46-4-(5) Roaring River Wilkes County SR 1737 Garden Creek From source to East C;Tr,HQW 00/01/90 Yadkin 12-46-4-6 Prong Roaring River East Prong From Wilkes County SR C;Tr 07/01/73 Yadkin 12-46-4-(7) Roaring River 1737 to Wilkes County SR 1943 Big Sandy Creek Prom source to a C;Tr 07/01/73 Yadkin 12-46-4-8-(1) point 0.75 miles below Alleghany/Wilkes County Line Big Sandy Creek From a point 0.75 miles C;Tr,HQW 08/01/90 Yadkin 12-46-4-8-(2) below Alleghany/ Wilkes County Line to East Prong Roaring River East Prong From Wilkes County SR C 04/06/55 Yadkin 12-46-4-(9) Roaring River 1943 to Roaring River Little Sandy From source to East C 04/06/55 Yadkin 12-46-4-10 Creek Prong Roaring River Page 8 of 11 Laboratory Results Attachment F DWQ Sampling Results Summary Hutchison Dairy Farm Big Sandy Creek,Wilkes County February 8,2006 Upstream of Discharge In Stream at Discharge: Downstream of Discharge: Biochemical oxygen demand=2 mg/L !Biochemical oxygen demand=300 mg/L 'Biochemical oxygen demand=5.8 mg/L Fecal coliform= 14 col/100 mL 'Fecal coliform=28,000 col/100 mL Fecal coliform=330 col/100 mL Dissolved oxygen= 10.8 mg/L ; Dissolved oxygen=5.3 mg/L Dissolved oxygen= 10.7 mg/L pH= 6.0 4pH =5.3 pH= 6.1 Water temperature(°C) = 6.1 Water temperature (°C) =4.4 Water temperature (°C) =6.2 Turbidity= 1.2 NTU 5Turbidity=330 NTU Turbidity=2.5 NTU Conductance=29.5 µs Conductance=290 µs Conductance=42 µs New NPDES wastewater dischargers to Class C trout streams have effluent limits of BOD.5 S mg/L (maximum). '` The human health standard for fecal coliform is 200 colonies/100 ml(maximum). The NC water quality standard for dissolved oxygen in this stream is 6.0 mg/L (minimum) E The NC water quality standard for pH in this stream is 6.0—9.0. The NC water quality standard for turbidity in this stream is 10 NTU(maximum). TRiTEST CERTIFICATE OF ANALYSIS February 13, 2006 CLIENT NAME DENR 1 DWQ CLIENT NUMBER 800132 SAMPLE NUMBER 264128 264129 264130 COLLECTED DATE 2/8/06 2/8106 2/8/06 RECEIVED DATE 2/8/06 2/8/06 2/8106 DESCRIPTION US DISCHRG DS TEST UNITS RESULTS RESULTS RESULTS DATE FECAL COLIFORM #1100ML 14 28000 330 02/08/06 CERTIFICATION # NC 103 NC 37733 r CERTIFIED BY: TEL: 336-766-7846 FAX: 336-766-2314 WEB: www.fritestinc.com 6300 Ramada Drive, Suite C2, Ciemmons, North Carolina 27012 .NC Division of Water Quality Laboratory Section Results Loc.Descr.: NO LOCATION CODE , Location ID: WSROSPNLC . Wilkes Sample ID: At301126 County River Basin PO Number# 6WO909 Report To WSROSP VisttlD Region: WSRO r Date Received: 0210912006 Collector. M ROSEBROCK Time Reeehred: 08:40 Sample Matrix: SURFACEWATER Labworks LoginlD JWA Loc.Type: RIVERISTREAM Date Reported: 02J1612006 Sample Depth Collect Date: 0210812006 Collect Time:: 11:50 5 naiyte Name POL Result Qualifier Units Approved BY 7� LAB Sample temperature at receipt by lab 0.3 C JGOODWIN mic BOD,5-Day in liquid 2,0 2 U mg/L CGREEN Turbidity 1 1.2 NTU CGREEN NUT NH3 as N in liquid 0.02 0 X2 mg/L as N CGREEN NO2+NO3 as N in liquid 0.02 0 X2 mg/L as N CGREEN Phosphorus total as P in liquid 0.02 0 X2 mg1L as'P CGREEN Total Kjeldahl N as N in liquid 0.2 0 X2 mg1L as N CGREEN I 4lftins[an.Salem RQ�ional pffiee Laboratory Section>> 1623 Mail Service Center,Raleigh,NC 27899-1623 (919)733-3908 Page 131 of 135 cWed �yQg, DIVISION[OF WATER QUALITY J st ChemistryLabomforyReportlWawQualiry Lab Numb« : A130i126 Y£av El SAMPLE TYPE Date Received: 21911006 COUNTY WILKES PRIORITY Time Received: 6:30 AM RIVER BASIN: AMBIENT QA X❑ STREAM EFFLUENT RtseivedBy lIDS REPORTTO WSRO RegionalOHi" COMPLIANCE %� CHAINOFCUSTODY LAKE INFLUENT Olher EMERGENCY VISIT IP ESTUARY Data ReleasedJSW COL COLL£CTOR(5): M ROSEBROCK 0 I Dale Reposed: 2202006 Estimated BOB Rangt: Station Location:UPSTREAM PARK BOUNDARY Seed: ChLerinaled: Remarin:WSROSPNLC Stariom a Dale Begin(yylmmldd) Date End(yylmmldd) Time&,Sin Twe End Depth-DM.D B.DBM Value Type-A,It,L. Composil-T.S. Sample Type 20060208 I150 X BOD 310 2U MBIL Chloride 940 myl. X N113 as N 610 X2 m - Li-Lithium 1132 u COI)Hi 340 CM a:Tri 32217 u X TKN an N 625 X2 mg/1- Mg-Msgwsium 927 m COD LOW 315 m Ch1 s:Corr 32209 u X NO2 plus NO)as N 63D X2 m Mn-Mangancsc 1055 u - Coliform:MF Feral)1616 1I00rnl Pheophylin a 12213 U211, % P.Total as P 665 X2 mVL Na-Sodium 929 mpfL Cohlnrus:MF Total 11504 1100m1 Color.True 90 c.u. PO4 as P 70507 m Arsenic:Total 1002 ueVL Colilorm:cube Fecal 31615 1100m1 Color.( 1)93 c.u- P:Dissolved as P 666 m Sc-Selenium 1147 u . Coliform:Fecal S 31673 1100" Color:PH T6 82 c.0 K-Pafassium m&tL 11 -Mercury 71900 u Residue:Total 500 mg1L Cyanide 720 m Cd-Cadmium 1027 u Ba-Basirmr u Voluile SOS mWL fluoride 95t m Cr-Chrmmium:Total 1034 u Or anochlorine Pesticides Feed 510 F.r.Wdd 71880 .&IL Cu-Co 1042 u Orpnophosphorus Pesticides Residue:S 530 mgfL Grease and Oils 556 m8k Ni-Mickel 1067 u Volatile 53S Hardness ToW 9D0 mg1L Pb-Lead 1051 U04. Acid herbicides Fixed 340 m Specific Cond:95 umhoslem Zn-Zinc 1092 u H 403 units MBAS 38260 M&IL V-Vanadium uw Base/NeutraMAcid Extractable Orrwics Acidity to EH 4.5 436 m Phenols 32730 u A -Silver 1077 aA TPH Diesel Range Acidiiy to PH 8.3 435 Sulfate 94S mg1L Al-Aluminum 1105 u Alkelmily to pH 8.3 415 mgfL Sulfide 745 ME& Be- Ilium 1012 u Ptn mblc Organics(VOA bottle rc'dl Alkalinity m PH 4.5 410 mWL Baran Ca-Calcium 916 rngfL TPH Gasoline Range TOC 680 Tannin&Li 'n u Co-CObah 1037 u TPI1/BT131(Gasoline Range X Turbidity 76 1.2 NTU Hexa"Icru Chromium u PC-Iron 1045 u V L Ph o lanlmn Coliform Tout Tube '1100 MIS Ricarbonate MwMol bdenum u I. Carbonate m S b-Aruirnony u•L Total Dissolved Solids m Sn-Tin u T1-Thallium upIL Ti-Titanium u H -1631 nWL COMMENTS. r i DIVISION OF WATER QUALITY f�) Chemistry I-sbarslory Report 1 Water Ouslity Lab Nurnbcr SAMPLE TYPE bale Received 2 COUNTY V v�1� MIOR 3[ Time Received RIVER BASFN: V/.1 Z KI K\ AMBFENT QA �TREAM El EFFLUENT Received Dy REPORT TO �Regional Office COSfPL1ANCE CHAIN OF CUSTODY LAKE ❑ INFLUENT Other + EMERGENCY VISIT ID ESTUARY bates Releaxd COLLIiCTORIS): fi rO L lL Date Reported: Estimated HOD Ran t Station Location: 1 a.S u LC, Seed: Chlorinated: Remarks: Station Mll.acatios Code Dale Begin Wassoldd) Date End(yylmmldd) Time Begin Time End Depth•DM,DB,DBh'i' Vakue Type-A,H,L Cowpodto-T,S, Sample Type O&PO?-04 oW a 2-C)'3 11 :SC BOD Ile ULLChloride 940 NH3 as N 610 s 9fL Li-Lilbium 1 132 ugfL. COb High 348 MWL Chl a:Tri 12217 um/L. TKN an N 625 mg/L Mg-MaEcsium 927 _9fL. COD Law 335 111811. Chi a:Corr 32209 ug?L 2 plus NO3 m N 630 nwL Mn-Manganese 1055 ug/L. - Coliform MF Fecal 31616 !l Wml Phwphytin a 32213 uon._ P:Total as P 665 awl- Na-Sodium 929 sngrL Colifma¢MF Total 11 SO4 /I00mI Colw..True 90 c.u. PO4 as P 70507 mWL Armnic:Toisl 1002 ug/L Colifirrw Tube Fecal 31615 II00ml Collor(PH) 83 P11. c.u. P:Dissolved as P 666 _WL Se-Selenium 1147 ug/L Coliform:Fecal Strcp3167) /loom! Color:pH76 03 eu, K-Potamum -GfL Hg-Mercury71900 uiT/1. Residue:Total 500 rrtg/L Cyanide 720 mg/L. Cd-Cadmium 1027 ug/L Ba-Barium ug/L Volatile 505 OWL Fluoride 951 aVL. Cr-Chramiam:Total 1034 ug/L Oryanochlorine Pesticides Fixed S10 Formaldehyde 71980 M64L CU-Copper 1042 UWL Orgamphos horns Pesticides Residue:Suspended 530 Grease and Oils 556 0191, Ni-Nickel 1067 ug1L Volatile 535 UWL I Ifardnen Total 90D ss1a7. Pb-Lead HIS ug/L Acid Herbicides Fixed S40 rng/L Specific Cond.95 umhoslcos Zn-Zinc 1092 ug/L H 403 unils MBAS 311260 -A V-Vanadium ug/L BaselN.uIral&Acid Extractable Crannies Acidity to pH 4.5 436 mg/L Phenols 32730 ug/L Ag-Silver 1077 ug/L TPH Diesel Range Acidity to pH11.3435 TESulfate945 mg/L At-Aluminum 1105 ug/L Alkalinity to PH g.3 415 Sulfide 745 nvX Be-Berythum I D12 ug/L Purgeable Organics(VOA battle rcq d) Alkalinity to EH 4.5 410 mgfL Baron Ca-Calcium 916 mglL ITPH Gasoline Range TOC620 m91L Tamin&Lignin ug/L- Co-Coball 103 7 ug/L TPHlB7EXGasolinellange Tusbiday 76 NTU llexavalenl Chromium uglL Fe-Iron I D45 uWL Phytopla ban Coliform Total Tube '110D ads Bicarbonate nyyL Ma-Molybdcm:m UWL Carbonate mg/1- Sb-Anlimany USA. Total Dissolved Solids n*%- Sn-Tin 11 TI-Thallium UgIL Tt-Titanium ug/L Ifg-1631 ng/L Temperature on arrival(DC): COMMENTS: r• NC DENRMWQ Laboratory kc port to:_WSRO Sample Anomaly Report(SAR) Lab Number: ABO1126 Sample ID: 1 Station Location: Upstream Park County: Wilkes Region: WSRO Boundary unple Type: Stream Priority- COC Collector: M.Rosebrock Date collected: 2/08/2006 Date received: 2/09/2006 Date analyzed: 2/2006 Affected Parameter(s): NH3,TKN,NO3 02,TP Analytical Area(check one): ❑WCH ❑METALS ❑VOA ❑S VOA ®NUT ❑MICRO [--]PEST The following anomalies occurred(check all that apply): ®Samples ❑Quality Control ❑Improper container used ❑Instrument failure—no reportable results ❑VOA vials with headspace ❑Analyst error—no reportable results ❑Sulfide samples with headspace ❑Surrogates ❑Samples not received,but listed on fieldsheet ❑None added ❑Samples received,but not listed on fieldsheet ❑Recovery outside acceptance limits ❑Mislabeled as to tests,preservatives,etc. ❑Spike recovery ❑Holding time expired ❑None added ❑Prior to receipt in lab . ❑Recovery outside acceptance limits ❑After receipt in lab ❑Failed to meet criteria for precision ❑Insufficient quantity for analysis ❑Internal standards ❑Sample exhibits gross non-homogeneity ❑Blank contamination ®Sample not chemically preserved properly ❑QC data reported outside of controls(e.g.,QCS,LCS) ❑pH out of range(record pH): ❑Incorrect procedure used ®Improper chemical []SOP intentionally modified with QA and Branch Head ❑Residual chlorine present in sample approval ❑Color interference . ❑Invalid instrument calibration ❑Heavy emulsion formed during extraction ❑Elevated detection limits due to: []Sample bottle broken in lab-no reportable results ❑Insufficient sample volume ®Other(specify):On 2/09/2006,the sample was checked with a pH indicator strip and sample pH was<2. On 2/14/2006,it was discovered that the sample had actually been preserved with nitric acid.This was confirmed using sulfate test strips(which indicated that sulfuric acid had not been added to the sample)and nitrate test strips(which indicated that nitric acid had been added to the sample). Comments: Since the wrong acid preservative was used to preserve the sample for Nutrients analysis,the sample will not be analyzed for the affected parameters listed above. Samples for Nutrients analysis must be preserved with sulfuric acid to adjust sample pH to <2 Corrective Action: ®Samples.were rejected by DWQ Lab. Authorized bate: &/1�JDG ❑Accepted and analyzed after notifying the collector o contact person and determining that another sample could not be secured. ❑Sample(s)on hold until: ❑Sample reported with qualification.Data qualification code used: ❑Other(explain): Notification Required? ❑ Yes ❑No Person Contacted: Date: Form completed by: Max Ove &,t "�~ Date:2/15/2006 Lead Chemist v ew(initial): []PEST E to PEST ❑SVpA ]METALS ❑VOA Branch Head Review(initial • C QA/QC Review (initia Logged into database by(initial): QA1FormU\ aboratoryLSAR - la23101dbs NC Division of Water Quality Laboratory Section Results Loc. Descr.: (D IRY WASTE @ DISCHARGE Location ID: WSROSPNLC County: Wilkes Sample[D: ASOii27 - PO Number# 6W0910 River Basin MODReport To WSROSP Region: WSRO Date Received: OPJ09/2006 Collector. M ROSEBROCK Time Received: 08:40 Sample Matrix: SURPACEWATER Loc.Type: RNERISTREAM Labworks LoginlD JWA Dale Reported; 0211612006 Sample Depth Collect Date: 02/0812006 Collect Time:. 12:10 OZ,I(Z�2)(� nalyte Name PQL Result Qualifier Units Approved By LAB Sample temperature at receipt by tab 0.3 °C JGOODWIN mic BOD, 5-Day in liquid 2.0 300 G7 mg/L CGREEN Turbidity 1 330 NTU CGREEN NUT NH3 as N in liquid 0.02 0 X2 mg1L as N CGREEN NO2+NO3 as N in liquid 0.02 0 X2 mg1L as N CGREEN Phosphorus—total as P In liquid 0.02 0 X2 mg/L as P CGREEN Total Kjeldahl N as N in liquid 0.2 0 X2 mg1L as N CGREEN t•;.�. � .�; .nit -� GPH Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699.1623 (919)733.3908 Page 132 of 135 led JQ� DIVISION OF WATER QUALITY f CJ Cbemirtry Labaralary Repon I Water Quality Lab Number ABO)127 E) $AMPLE TYPE Date Received: 219/2006 COUNTY WILKES PRIORITY Time Received: 9:30 AM RIVER BASIN: ❑ AMBIENT QA Q STREAM El EFFLUENT Received By DS REPORT TO WSRO Regional Office Q COMPLIANCF a CHAIN OF CUSTODY Q LAKE INFLUENT D Olber EMERGENCY VISIT ID ❑ ESTUARY Data Released : 35 COLLECTORS) : M ROSEBROCK Date Rcpuned: 2202OO6 Estimated BOD Range: Station Location.-AT DISCHARGE DAIRY WASTE Seed: Cblorlmated: Remarks: Station 0 Dale Begin(yylmmldd) Dale End(yylmmtldd) - Time Begin I Time End Deplh-DM,DO,DOM Value Type-A,H,L Composite-T,S, Sample Type 2006OUN L1210 X BOD 310_ 300 G7 mjVL Cbladdc 940 myt X NH3 as N 610 X2 m Iidithlum 1132 u - COD High 340 mSIL Chi a:Tri 32217 u X TKN an N 625 X2 m Mg-Ma rtesium 927 m COD low 335 m Chi a:Corr 32209 X NO2 plus NO3 as N 630 X2 mrL Mo-Manpncst 1055 ugfL Coliform:MF Feral 31616 1100ml P im a 32713 5i X P:Total&s P 665 X2 mglL Na-Sodium 929 m Colifarm:MF Total 31504 - 1100ml Color.True 90 c.u. PO4 as P 70507 m Ars ic:Tolal 1002 u - Colifarm:tube Fecal 31615 nO&W Color.( H)83 H- c.m- P:Dismlved as P 666 m Sc-Selenium 1147 upJL Cafiforrn:Feel Strvp 31673 1100ml Coker:PH T6 92 c.u. K-Potassium m 1{ -Mercu 71900 u Residue:Total 500 C snick 720 m Cd-Cadmium 1027 u Be-Barium ugX Volatile 505 m Fluoride 951 m Cr-Chmmium:Totai 1034 n 1L. Organochbfi=Pesticides Fired 510 MA Formal 71$90 m Cu.CoEM 1042 41 Orgaamphosphoeus Pesticides Residue:SLapendcd 530 m Grew and Oils 556 m Ni-Nickel 1067 Volatile 535 m Hardness Total 900 M&I Pb-Lead 1051 ugfL Acid Herbicides Fixed 540 m Specific Cana.95 umhos/m 2h Zinc 1092 H 403 units MBAS 39260 V-Vanaditan UWL I BasefNeutM&Aeid Extractable Or anus Acidity to pH 4.5 436 mStL Phenols 32730 u A-Silver 1077 ug1L ITPI I Diesel Ran c Acidiry ro pH 9.3 435 m Sulfate 945 Al-Aluminum 1105 u Alkalinity to H 9.3 415 m Sulfide 745 m Be-Be Ilium 1012 u Purgcablc Organics(VOA battle re'd) Alkalinity to pH 4.5 410 m Bomn Ca-Calcium 916 m TPH Gasaline Ran TOC 690 mg1L Tannin&Li h uWL Co-Cobalt 1037 uafl, TPI IIBTEX Gasoline Range X Turbidity 76 330 NTU Hexavalem Chrmnium ug& Fe-Iron 1045 u . Ph o lankton Colifarm Total Tube '1100 mh 113warbonate m Mo-Mol num u Carbonate m Sb-Arflimony uWIL Total Dissolved Solids m Sn-Tin UPIL _ TI-Thallium v Ti-T7taniton -vi- Hg-1631 n COMMENTS: DIVISION OF WATER 11 z co Chemistry Laboratory Report Wager Quality lab Number W +� SAMI'].ETY Da1CRCC IYC :a f� COUNTY ; W ( I LC M- PRTORFIY Time Received �i : s RIVER BASIN: t A AMBIENT QA STREAMEFFLUENT Received REPORT TO W 5 Relgonal office COMPLIANCE CHAIN OF CUSTODY I-AI:E INFLUENT Other ` EMERGENCY VISIT ID ESTUARY Data Released . COLLECTOR(S) ; P-4)�'7 bro t. L Date Reported: Erliaaaled DOD Range: 1�t L) t 7 Station Loenliaa: ` SL-r'YkY-!�4;L. Lk;-Se O,�PAIL-C Secd: Chlorimaled: Remarlu: �a1 r �j w a -3 \ e I e Slrlion N/Locolioo Cade Dale Begin(yylmm/dd Date Ea (yylmtuldd) Time Begin Time End Depth-Dhl,DB,DBM Value Type-A.11,1, Composilc-T,S, Somplc Typc U 2- U D C% V 8 Z Beta 1 I2-1C) .� BOD 114 L Chloride 940 It411L _ MID as N 610 mgll_ Li-Lithium 1 133 ugrL COD H' 340 L Chi a:Tri 32217 ugrL 7l:AI as N 62S nst/L Mg-Magnesium 927 mglL COD l ow 375 mglL CAI a:Con 32209 uWl 1402 plus NO3 as N 630 -91L Mn-Manganese 1055 ug(L Colif wm:MF Fecal 31616 !100ad Phcophytin a 32213 uytL 'P;Total as P 665 mr)L Na-Sodium 929 nWL Colifomc MF Total 31504 1100m1 Color:True BO c u. PO4 as P 70507 m91L- Arsenic:Tolal 1002 ugll- Coliform rube Fecal 31615 ll0kml Color.(pll) 83 PIT- cu. P:Diuol%zd as P 666 m6fL. Sc-Selenium 1147 ug/L. Coliform:Fecal Skep 31671 1100w Colas.pit 7 6 82 c U. K-Potassium mg1L Hg-Mercury 71900 ug/L Residue:Total 500 mglL Cyanide 710 -A I Cd-CaJnvum 1037 ug1L Ba-Darium owl.. VaWila 505 111wL Fluoride 951 mwL. Cr-ChranvunLTotal 1034 ug/L Organocldorinc Pcslicidcs Fixed S10 MIA Formaldehyde 71130 nWL Cu-Capper 11341 UgA, Orgtna has horus Pesticides Residue:Su noted 510 174& Grease and Oils 556 nty4L. Ni-Nickel 1067 ugll. _ Volatile 535 m81L Hardness Total 900 F110L Pb-Lead 1051 uA Acid HerbiciJes Fixed 540 aLL Specific Cand.95 umhos/cm Zn-Zinc 1093 UgA. pit 401 units MBAS 3B260 nvJL. V-VanaJium ugll. BaseNeulraMAcid Extractable Organics Acidity to pli 4.5 436 mg/L Phenols 32730 owl. Ag-Silver 1077 ugll. THI Diesel Rana Acidity to 11B.3435 nrB/L. Sulfale945 m®rL Al-AlurninvmIIOS ug1L. Alkalinity to pH 3.3 415 mg/L. Sulfide 745 n*fL Be-Beryllium 1012 ugll. Purgcable Ora nics(VOA bottle rcq d) Alkalinity to pli4.5410 mg/L Began Ca-Calcium 9M nvx TPHGasolineRange TOC 690 mall, Tanning I.ignin ug(L Co-Cobalt 1037 ug/L 7PHIBTEX Gasoline Range Turbidity 76 NTU Hexavalcm Chromium ug(L. Fc-Iron 1045 ug/L Phyloplanklon Colifann Tmal Tube '1100 mis Bicubonale -wL lrlo-MolybJcmlm U• - Carbonate mg/L. Sb-Anlimony USA- Total Drssalmd Solids MWL Sn-Tin UO. TI-Thallium uglL Ti-Titmliam - Ugll. I1g-1631 ng1L Temperature a arrival(°C): COMMENTS: > - c�,5�, 1 . - a 9 G r �) / oil- oC :r c3 0 �� NC DENR/DWQ Laboratory Report to:WSRO Sample Anomaly Report(SAR) Lab Number: ABO1127 Sample ID: WSROSPNLC Station Location: AT DISCHARGE County: WILKFS Region: WINSTON-SALEM .,ample Type: STREAM Priority: CHAIN OF Collector: M ROSEBROCK CUSTODY Date collected: 2/08/06 Date received: 2/09/06 Date analyzed: 2/09106 Affected Parameter(s): BOD Analytical Area(check one). ❑WCH ❑METALS ❑VOA ❑SVOA ❑NUT ®MICRO ❑PEST The following anomalies occurred(check all that apply): ❑Samples ❑Quality Control ❑Improper container used ❑lnstrument failure—no reportable results ❑VOA vials with headspace ❑Analyst error—no reportable results ❑Sulfide samples with headspace ❑Surrogates []Samples not received,but listed on fieldsheet ❑None added El Samples received,but not listed on fieldsheet ❑Recovery outside acceptance limits ❑Mislabeled as to tests,preservatives,etc. ❑Spike recovery ❑Holding time expired ❑None added []Prior to receipt in lab ❑Recovery outside acceptance limits ❑After receipt in lab ❑Failed to meet criteria for precision ❑Insufcient quantity for analysis ❑Intemal standards ❑Sample exhibits gross non-homogeneity ❑Blank contamination ❑Sample not chemically preserved properly ❑QC data reported outside of controls(e.g.,QCS,LCS) ❑pH out of range(record pH): ❑Incorrect procedure used ❑improper chemical ❑SOP intentionally modified with QA and Branch Head ❑Residual chlorine present in sample approval ❑Color interference ❑invalid instrument calibration ❑Heavy emulsion formed during extraction ❑Elevated detection limits due to: ❑Sample bottle broken in lab-no reportable results ❑Insufficient sample volume ®Other(specify): All dilutions completely depleted. Comments: 5 dilutions were set up to cover an approximate BOD range of 4 to 260 mg/L. The reported result is an estimated greater than value and is calculated for the dilution using the least amount of sample. In this case,the dilution containing 2.5 %sample was reported. Corrective Action: If this site is collected from again,higher dilutions will be prepared. ❑Samples were rejected by DWQ Lab. Authorized by: Date: ❑Accepted and analyzed after notifying the collector or contact person and determining that another sample could not be secured. ❑Sample(s)on hold until: ®Sample reported with qualification. Data qualification code used:G7 ❑Other(explain): Notification Required? ❑ Yes ❑No Person Contacted: Date: Form completed by: Oeth Mitchel &Ak mztwi Date:2/14/06 lead Chemist Rrtvj nitial): BIOCHEM ❑PEST ❑SVOA ]METALS ❑VOA Branch Head Review(initial): IN C-7 QAIQC Review (initial . Logged into database by(initial): WFomus Laboruor,ASAR 19/23101dbs NC DENR/DWQ Laboratory Report to:_WSRO_ _ Sample Anomaly Report(SAR) . Lab Number. ABO1127 Sample ID: 2 • Station Location: At Discharge County: Wilkes Region: WSRO Dairy Waste ample Type: Stream Priority: COC Collector: M.Rosebrock Date collected: 2/08/2006 Date received: 2/09/2006 Date analyzed: 2/2006 Affected Parameter(s): NH3,TKN,NO3+NO2,TP Analytical Area(check one): ❑WCH []METALS ❑VOA ❑SVGA ®NUT ❑MICRO ❑PEST The following anomalies occurred(check all that apply): ®Samples ❑Quality Control El Improper container used ❑Instrument failure—no reportable results ❑VOA vials with headspace ❑Analyst error—no reportable results ❑Sulfide samples with headspace ❑Surrogates ❑Samples not received,but listed on fieldsheet ❑None added El Samples received,but not listed on freldsheet ❑Recovery outside acceptance limits ❑Mislabeled as to tests,preservatives,etc. ❑Spike recovery ❑Holding time expired ❑None added ❑Prior to receipt in lab []Recovery outside acceptance limits []After receipt in lab El Failed to meet criteria for precision ❑Insufficient quantity for analysis []Internal standards ❑Sample exhibits gross non-homogeneity ❑Blank contamination ®Sample not chemically preserved properly ❑QC data reported outside of controls(e.g.,QCS,LCS) ❑pH out of range(record pH): ❑Incorrect procedure used ®linproper chemical El SOP intentionally modified with QA and Branch Head ❑Residual chlorine present in sample approval ❑Color interference ❑Invalid instrument calibration []Heavy emulsion formed during extraction ❑Elevated detection limits due to: ❑Sample bottle broken in lab-no reportable results ❑Insufficient sample volume ®Other(specify):On 2/09/2006,the sample was checked with a pH indicator strip and sample pH was<2. On 2/14/2006, it was discovered that the sample had actually been preserved with nitric acid,This was confirmed using sulfate test strips(which indicated that sulfuric acid had not been added to the sample)and nitrate test strips(which indicated that nitric acid had been added to the sample). Comments: Since the wrong acid preservative was used to preserve the sample.for Nutrients analysis,the sample will not be analyzed for the affected parameters listed above. Samples for Nutrients analysis must be preserved with sulfuric acid to adjust sample pH to CZ. Corrective Action: ®Samples were rejected by DWQ Lab. Authorized Date: ddd �., � l ❑Accepted and analyzed after notifying the collector r contact person and determining that another sample could not be secured. ❑Sample(s)on hold until: ❑Sample reported with qualification.Data qualification code used: ❑Other(explain): Notification Required? ❑Yes ❑No Person Contacted: Date: Form completed by: Max Overma Mr,(` Ovf-� J Date:2/15/2006 Lead Chemist R�vi initial): 'IBIOCHEM ❑PEST ❑SVOA )METALS []VOA Branch Head Review(initial): C, QA/QC Review (initia Logged into database by(initial): QA\Porms'S.abomoryLSAR 10/23101 dbs NC Division of Water Quality Laboratory Section Results OPT Loc.Descr.: �DDOWNST�REAMLocation ID: R PNLC County: Wilkes Sample ID: AB01128 PO Number# GW0911 River Basin VisitlD Report To WSROSP Region: WSRO Date Received: 0210912006 Collector. M ROSEBROCK Time.Received: 08:40 Sample Matrix: SURFACEWATER Loc.Type: RIVER/STREAM Labv✓orks LoginlD JWA Date Reported: 0211612006 Sample Depth Collect Date: 02l0812006 Collect Time:: 12:02 �S nalyte Name PQL esult Qualifier' Units Approved y LAB Sample temperature at receipt by lab 0.3 °C JGOODWIN M1C BOD,5-Day in liquid 2.0 5.8 mg1L CGREEN Turbidity 1 2.5 NTU CGREEN NUT NH3 as N in liquid 0.02 0 X2 mglL as N CGREEN NO2+NO3 as N in liquid 0.02 0 X2 mg/L as N C�Gr,P�,,-,y�E, Phosphorus_total as P in liquid 0.02 0 X2 mglL as P t 1 G ��,F�N,1 E,dR Total Kjeldahl N as N in liquid 0.2 0 X2 mg/L as N CGREEN r c! 2 �dirl5ton-S"t.�!n Regiotia1O1fice Laboratory Section>> 1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 Page 133 of 135 DIVISION OF WATER QUALITY Chemistry Laboratory Report!Water Quality Lab Number AB01 128 W] 5AMPLE TYPE Date Received: 2MI2006 COUNTY WILKES PRIORITY TimcRcceived: 8:30AM RIVER BASIN: AMBIENT QA ® STREAM EFFLUENT Received By DS REPORTTO WSRO Regional Office COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT �4�C Other _ EMERGENCY ^Vi5rr1D ESTUARY Data leased COLLECTORS): M ROSEBROCK ❑ ❑ Date Reported: 2U2WO06 Estimated BOD Range: Station Lacsfiow DOWNSTREAM Seed: Chlorinated: Remarks: Station a Date Begin(yyfmta/dd) Date End&ylmmldd) Time Begin Time End Deptb-DM,DR,DBM Valac Type-A.If,L CompositrT,S, Sampk Type 20060M 1202 % ROD 310 5A m&IL Chloride 940 m X NH3 as N 610 X2 m&IL Li-Lithium 1132 u COD Hi 340 m Chi a:Tri 32217 X TKN an N 625 X2 m Mg-Ma slum 977 m COD Low 335 m al s:Con 32209 u9fLX NO2 plus NO3 as N 630 X2 m Mn-Manganese 1055 u Coliform:MF Fecal 31616 1100m1 Phcooyfin a 32213 u X P:Total as P 665 X2 m&IL Na-Sodium 929 m Coliform:MF Total 31504 - 1100ml Color:True 80 e.u. PO4 as P 70507 m Arsenic:Tatat 1002 Catifom:tube Foul MIS /100mI Color..(pH)83 il- c.u. P:Dissolved as P 666 Mon. Sc-Selenium 1147 Coliform:Fecal SLr2 31673 - f 100ml Color:pH, 7.6 82 <.u- K-Potassium m H-Mercury 71900 ug(L Residue:Total SW -de 720 Cd-Cadmium 1027 [a.-Barium ug/L YOwe 505 Fluoride 9SI m Cr-Clvomium.Tatal 1034 v/1. Organochlarim Pesticides Fixed 510 TA I Forntaldeh de 71880 m Cu-Copper 1042 v ano ho Pesticides Residue:Suqxndod 530 m Grease and Oils 556 m Ni-Nickel 1067 u Vawk 535 m Hardness Total Sop m Pb-Lead 1051 u Acid Herbicide Fixed 540 m Spccific Cond.95 amhoslem Zn-Zinc 1092 u H 403 units MBAS 39260 mgfL V-Vanadium u BasdNcuual&Acid Cxtractablc Organics Acidi to PH 4,5 436 m Phenols 32730 u All-SiNer 1077 u TPH Diesel Range Acidity to PH 2.3 435 m Sulfate 945 m AI-Aluminum 1105 u A Mating to PH 8.3 415 mpIL Stdfuk 74S m 6e-Bcgllium 1012 u P eablc Organics{VOA bunle 'dl Alkalinity ut pli 4.5 410 mwt I Boron Ca-Calcium 916 m TPH Gasoline Range TOC 690 m Tannin&Li in Co-Cobalt 1037 u&fL TPHlBTEX Gasoline Ran e X Turbidi 76 2-5 NTfU 11exavalem Chromium Fe-Iron 1045 u Phytoptanklon Colifortn Taut Tube 'Uloo mis 9icarborwe MO: Mo-Molybdenum Carbonate m Sb-Antimonyu Total Dissolved Solids Mal Sn-Tin u , Ti-Thallitun Ts-Titanium u L H-1631 ngq COMMENTS: ti DIVISION OF 1VATER QUALITY /� Q Chemistry Laboratory Report I Water Quality Lab Number{dr w Dare Received: COUNTY e— PRIORITY },�, /' Time Received. RIVER BASIN: (n AMBIENT QA 13tS' AM EFFLUENT Received By REPORT TO W�} Regional Office COMPLIANCE CIIAIN OF CUSTODY - J I_LAKE INFLUENT Other : n � _�, ,^ —0(-)� EMERGENCY VISIT ESTUARY Data Released : - COLLECTOR(S) t�se 3 l 11 Dale Reported Estimated BOB Raajc: ' Station Location: Seed: Chlorinated: Remarks: Station N1Location Code Bate Baia(yylmmldd) Bal[End(yylmmldd) Time 8e8ip Time End Bcptb-BAL,DB,bBM Value Type-A.II,L Coorposile-T,S, Sample�ype 12. BOD 110 MWL ChlafWc 940 mg1L (3 as N 610 t%& Li-Lithium 1 132 udl- COD High 340 cnWL Chi a:Tri 32217 u TKN an N 625 rt wL Mg-Magnesium 927 orYL COD Low 335 nwfL Chi a:Corr 32209 uWL NO2 plus NO3 as N 630 mBfL Mn-Mangancst I OSS uDkL Colifarrs IvtP Fecal 31616 11001r1 Phco hytin a 32217 uWL < P:Total as P 665 mglL Na-Sodium 929 m97- Colifamr MF Total 31504 11001o1 Color.True 80 cu. PO4 as P 70507 nv/L. Arscnrc.Tulal 1002 ug1L Coliforrrs:tube Fecal 31615 1100ml wow:(PI l) 83 PH. c,u, P:Dirsoind as P 666 rrlg/L Se-Selenium 1 147 uglL Coliform:Fecal Strep 31673 1100nd Color:pH 7 6 82 e.U. K-Potassium mg/L i lg-Mercury 71900 ugIL- Residue:Total SOIL nWL Cyanide 720 rssg/L Cd-Cadmium 1027 ug/L Ba-Batium ugIL Volatile$05 rrdi. Fluoride 951 mg/L Cr-Chromium.Totai 1034 uglL Orpnochlorine Pesticides Fixed 510 -911- Fonneldeh de 71880 mWL Cu-Copper ID42 u91L Orpnophospharus Ptstrcides Residue:Suqxruled 530 mg(L Grease and Oils 556 mg/L Ni-Nickc)1067 ug/L Volatile535 9111'L Hardness Tota4900 mglL Pb-Lead 1051 ug1L Acid Herbicides Fined 540 -WL Specific Cord.95 urnhosJcm Zn-Zinc 1092 ug1L H 403 unit$ MBAS 38260 nvq- V-Vanadium uSIL. BascfNcu1W&Acid Extractable Organics Acidity to ER 4.5 436 awl- Phenols 32730 uWL AS-Silver 1077 UA TPH Dicscl Range Acidiiiy to pH 8.3 433 Wert- Sulfale 945 nWL Al-Aluminum i 105 uglL. Alkalinity to pH 8.3 41 S -WL Sulfide 745 mgfL Be-Beryllium 1012 ug(L Pufgeable Organics(VOA battle req d) Alkalinity to pH 4.5 410 mglL Baron Co-Celamn;916 rndL TPH Gamlmc Rangc TOC 650 ffWL Tannin&Lignin ug1L Co-Cobalt 1037 ugfL TPWBTEX Gasoline Range rabidity 76 NTU Llexavaleni Chramium uWL Fc-bon 1045 ugfL Phytoplankton Coliforns Total Tube "1100 mis Bicarbonate mgfL Mo-Molybdenum uWL Carbonate fit- Sb-Aniimony ugfL. Total Dissolved Solids mgrl- Sn-rm ug/L TI-Thallium .. Ti Titanium ugfL 1{g-1631 ngfL Tempetature on arrival(°C): ` /r / .� NC DENR/DWQ Laboratory Report to._WSRO Sample Anomaly Report(SAR) Lab Number: ABO1128 Sample ID: 3 Station Location: Downstream County: Wilkes Region: WSRO ample Type: Stream Priority: COC Collector: M.Rosebrock Date collected: 2/08/2006 Date received: 2/09/2006 Date analyzed: 2/2006 Affected Parameter(s): NH3,TKN,NO3}NO2,TP Analytical Area(check one): ❑WCH ❑METALS ❑VOA ❑SVGA ®NUT ❑NUCRO []PEST The following anomalies occurred(check all that apply): ®Samples ❑Quality Control ❑Improper container used ❑Instrument failure—no reportable results ❑VOA vials with headspace ❑Analyst error:—no reportable results ❑Sulfide samples with headspace []Surrogates ❑Samples not received,but listed on fieldsheet []None added ❑Samples received,but not listed on fieldsheet ❑Recovery outside acceptance limits ❑Mislabeled as to tests,preservatives,etc. ❑Spike recovery ❑Holding time expired []None added ❑Prior to receipt in lab ❑Recovery outside acceptance limits ❑After receipt in lab ❑Failed to meet criteria for precision ❑Insufficient quantity for analysis ❑Internal standards ❑Sarnple exhibits gross non-homogeneity ❑Blank contamination ®Sample not chemically preserved properly ❑QC data reported outside of controls(e.g.,QCS,LCS) ❑pH out of range(record pH):. ❑Incorrect procedure used ®Improper chemical ❑SOP intentionally modified with QA and Branch Head []Residual chlorine present in sample approval ❑Color interference ❑Invalid instrument calibration []Heavy emulsion formed during extraction ❑Elevated detection limits due to: ❑Sample bottle broken in lab-no reportable results ❑Insufficient sample volume ®Other(specify):On 2/09/2006,the sample was checked with a pH indicator strip and sample pH was<2. On 2/14/2006,it was discovered that the sample had actually been preserved with nitric acid.This was confirmed using sulfate test strips(which indicated that sulfuric acid had not been added to the sample)and nitrate test strips(which indicated that nitric acid had been added to the sample). Comments: Since the wrong acid preservative was used to preserve the sample for Nutrients analysis,the sample will not be analyzed for the affected parameters listed above. Samples for Nutrients analysis must be preserved with sulfuric acid to adjust sample pH to <2. Corrective Action: ®Samples were rejected by DWQ Lab. Authorized bp�bsate: o-)l m ❑Accepted and analyzed after notifying the collector or contact person and detc ing that another sample could not be secured. ❑Sample(s)on hold until: ❑Sample reported with qualification.Data qualification code used: ❑Other(explain): Notification Required? ❑Yes ❑No Person Contacted: Date: Form completed by: —Max.Ovejjj� Date: 2/15/2006 Lead Chemist Review(initial): ]BOCIIEM I []PEST ❑SVGA )METALS ❑VOA Branch Head Review(initial) QAIQC Review (initia Logged into database by(initial): QA%Formsuaborwory%SAe I an3/0 J dhs Report to:^ w j 1z-0 WATER QUALITY SECTION gErEt —L of—L CHAIN OF CUSTODY(COC)RECORD N•C•Dept,of ENR NC DENRIDWQ LABORATORY(check one): ,(CENTRAL I]ARO I] WaRO FFR 1 3 7Rra� For Investigation of: 4' �11 u } �l 1 C n Q ` �, + Winston-Salem Sample collector (print name) rt� D l I VI+ i f and DM-1 forms completed by: M_ 5 C- a C'u CL- ;- -... Sample collector+s signaturrl, 1 rL Field storage conditions and location(when applicable): t✓C�G �� ire [ 1� C� f ti �"� ? C_ Lab Use Only NUMBER DATE TIME OF LAB NO. STATION NO. STATION LOCATION SAMPLED SAMPLED CONTAINERS DjIZ& I U�S}reuVn - i t>r i ca�� d,�r 0Lc0zb 11 : So 1 �L in shed by(si ture : Date Time d by(si ure): lac im Rdlinquished'6y sigma ure):" Date Time Rtceivcd by(signature): Datc Time Relinquished by(signature): Date Time Received by(signature): Date Time Method of Shipment(circle one): �4tate Courier }Land-delivered Federal Express UPS Other: Sealcd by: I '1 Br en Security Type and Conditions: A(. ,��� r_� 1 /4 0 L.2'= I 112 TNTRALABORATORY CHAIN OF CUSTODY - Lab Use Only LAB NUMBERS NUMBER ANALYSES RELINQUISHED RECEIVED DATE TIME FROM THROUGH BOTTLES REQUESTED BY: BY: r & 16 obi 3 u rba 9 �5 1 r 1 QAVorms`5asnple Receiving\COC form WQ 4/10/Oldbs TRITEST 6300 Ramada Drive,Suite C2 Cha of C stody Clemmons,NC 27012 Tritest W.O.# - Ph:(336)766-7846 Fax:(336)76&2314 Report Results To: Bill To: Company:_ ��• O W �Q,� QaA�� �\L��,�� Project Reference: Address: _.CIxC.> Vy �t q 0 � � _ ��? �,; �j Project Number: "�• ��. 1\�� �1�+��LQ _ Purchase Order #: Attn: _ N�t ��.,c; ,�ot��-- - �\Q,>. ❑.Standard Report Delivery Phone: 0 Fax: �1 A - a— ❑ Rush Report Delivery (wr surcharge) "VO M so WNW b Pft eOP+aa1 br to u mebn Sampled by (signature): Requested Due Date: Sample Description t',� .� Start Date End Date Matrix Analyses Requested Trnasl �G.a Start Time End Time w'"".:is At � 04, ;M (A '� �C.�►r �. • � ,, vow \ ('A, t CoA�� ���.� 00 V t4,,\ AWQ ".1shedye) Racehred by(signature) fete Tkm Receipt Conditions (Lab Use Only) Temp: °Ci) Rew1w by(signature) oats Time Res.Chlorine ❑Absent ❑Present❑Na Relinquished by(signature) Receked by(signature) pale Thee ACId preserv.a2? ❑Yes ❑No X-n1a Base preserv.>12? ,0 Yes ❑No %Iva Analytical Costs for NCDWQ Laboratory Page 2 of 2 6/5/01 EDIUM M PARAtMM1ETE aWatar Solldp �TI1nuet ALUMINUM $11.67 V $29.18 $17.51 CADMIUM $11.67 $29.18 $17.51 CHROMIUM $11.67 $29.18 $17.51 COPPER $12.14 $30.35 $18.21 NICKEL $11.67 $29.18 $17.51 LEAD $12.61 $31.53 $18.92 ZINC $11.67 $29.18 $17.51 ARSENIC $12.61 $31.53 $18.92 SELENIUM $12.61 $31.53 $18.92 MERCURY $20.46 $51.15 $30.69 SILVER $11.67 $29.18 $17.51 BARIUM $11.67 $29.18 $17.51 BERYLLIUM $11.67 $29.18 $17.51 CALCIUM $11.73 $29.33 $17.60 COBALT $11.67 $29.18 $17.51 IRON $12.05 $30.13 $18.08 POTASSIUM $11.67 $29.18 $17.51 LITHIUM $11.67 $29.18 $17.51 MAGNESIUM $11.67 $29.18 $17.51 MANGANESE $11.67 $29.18 $17.51 MOLYBDENUM $11.67 $29.18 $17.51 ANTIMONY $12.61 $31.53 $18,92 THALLIUM $12.27 $30.68 $18.41 SODIUM $11.73 $29.33 $17.60 oRGANICIPARAMETERS rWater �Sgfld'.. Tissue' Volatile Organics PID/ELCD(57 compounds) $185.60 $208.80 PIDIFID,BTEX+Gasoline Range Organics $116.00 $127.60 GCIMS Volatile Organics (identification and quantitation of unknowns) $208.80 $243.60 Method Development $696.00 $696,00 Semivolatile_Ornantcs GC/FID Screen+GC/MS Base/Neutral and Add Organics (66 compounds+identification and quantitation of unknowns) $522.00 $638:00 Direct Injection $203.00 Other(Pure product,solid waste,plant tissue,etc.) $313.20 GC/FID,TPH diesel range organics $174.00 $220.40 Method Development $870.00 $870.00 Pesticides `"Organochlorine(43 pesticides+screen 8 PCB's) $290.00 $348.00 Select Organochlorine Pesticides and PCBs in tissue $1,438A0 "Organonitrogen(32) $232.00 $278.40 "Organophosphorus(25) $203.00 $249.40 "PCBrs(8) $232.00 $266.80 Herbicides(16) $348.00 $464.00 GC/MS(identificatlon and quantitation of unknowns) $377.00 $417.60 Tributyl Tin Oxide $313.20 Method Development $870.00 $870.00 `Solid includes sediments,soils and sludge(residuals) "Pesticides/PCBs tests are for single analyses.For combined analyses of 4 or more,assume highest value and add 50%of each value for the other requested parameters.Example:If all 4 parameters are analyzed from one sample Cost=$290+$116+$101.50+$116=$623.50 vs,Cost of individual"parameters=$957 1� Analytical Costs for NCDWQ Laboratory Page 1 of 2 615/01 - E ' JNOR(iiANIC,pETMr5olld" r; PH 3 ACIDITY $12.25 ALKALINITY $12.25 _ BOD(5 DAY) 3 $36.21 S t'� • 33 BOD(LONG TERM) $gg 28 COD $15.43 $30.85 TOTAL RESIDUE $9.60 SUSPENDED RESIDUE $9,86 FECAL MF $17.75 r TOTAL MF $21.00 FECAL TUBE $25.25 TOTAL TUBE $26.25 TOC $26.25 TURBIDITY 3 QxM= BICARBONATE $12.25 BORON $18.13 $24.17 BROMIDE $16.25 $20.77 CARBONATE $12.25 CARBON DIOXIDE $12.25 CHLORIDE $11.25 $28,13 CHLOROPYLL $48.75 HEXAVALENT CHROMIUM $23.75 COLOR P-C $13.13 COLOR ADMI $56.25 COLOR SPEC $135.00 CYANIDE $23.89 DISSOLVED SOLIDS $9.90 $29.90 FLUORIDE(DIRECT) $12.86 FLUORIDE(DISTILLED) $31.50 $42.00 FORMALDEHYDE $112.50 HARDNESS $11.00 HARDNESS(NON-GARB) $10.97 WAS $26.25 OIL&GREASE $34.29 $38.40 PHENOL $21.00 SILICA $1613 SPECIFIC CONDUCTANCE 3 a� SULFATE $13.82 $27.65 SULFIDE $14.66 AMMONIA $14.00 $28.00 NITRATE+NITRITE $18.37 $36.74 NITRATE $16.07 $32.14 NITRITE $14.14 $28.28 TOTAL KJELDAHL $16.39 $59.00 TOTAL.PHOSPHORUS $16.29 $48.85 ORTHOPHOSPHATE $14.66 $44.00 Solid includes sediments,soils and sludge(residuals) Y- OOF W A 9QG Michael F.Easley,Governor �r William G.Ross Jr.,Secretary North Carolina'Department of Environment and Natural Resources Q' ^� Coleen H.Sullins Director Division of Water Quality October 29, 2007 RECEIVED N.C.Dept,of ENR OCT 3 12007 Mr, Barry Hutchison WinStOn•Salem f 1045 TraphilllBrown Road Regional Office ( Traphill,NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm #97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 5332 in the amount of$188.50 on October 26, 2007. This payment satisfies in full the civil assessment in the amount of$2,261.65 levied against Barry Hutchison and the case has been closed. If you have any questions, please call me at(919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit cc: APS=Winston=Salem-Regional Office File#DV-2006-0006 APS Central Files No Caro �I�atura� Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet http://h2o.cnr.smtc.nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper i W A rEyQ Michael F.Easley,Governor 'CA William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources © Coleen H.Sullins Director Division of Water Quality September 20, 2007 N.C�p ptf o ENq sEP 2 6 2007 Mr. Barr Hutchison Winston-Salem y Regional Office 1095 Traphill/Brown Road Traphill,NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm # 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 5293 in the amount of$188.50 on September 19, 2007. The balance of the penalty is $188.15. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions,please call me at (919) 715-6185. Sincerely, Dennis 2. d Animal Feeding Operations Unit cc:c'APS-Winstoin-Salem Regional Office File # DV-2006-0006 APS Central Files �ne hCat Natur, Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service internet:http://h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper �OF 1N A TF,gQ • Michael F.Easley,Governor William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Q Coleen H,Sullins Director Division of Water Quality August 20, 2007 RECEIVED iI�I N C•paot.of�NR Mr. Barry Hutchison Auk 2 1 � • 1095 Traphill/Brown Road Traphill,NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm # 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 5258 in the amount of$188.50 on August 16, 2007. The balance of the penalty is $376.65. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at(919) 715-6185. Sincerely, - Dennis G. Lund Animal Feeding Operations Unit cc: APS-Winston-Salem Regional Office File # DV-2006-0006 APS Central Files Noon Cat vVatun Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:http:1/h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper �0F W A DE • • Michael F.Easley,Governor `0 G William G.Ross Jr.,Secretary v`J - North Carolina Department of Environment and Natural Resources 7 p Coleen H.Sullins,Director Division of Water Quality July 18, 2007 REGtr'v�c J 19 2007 Mr. Barry Hutchison w;�gtG,•�.. 1095 Traphill/Brown Road Regional Q{�rGE Traphill, NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm # 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 5218 in the amount of$188.50 on July 16, 2007. The balance of the penalty is $565.15. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715•-6185. Sincerely, Dennis G. L Animal Feeding Operations Unit cc: rAPS=Winston-Salem Regional Office File # DV-2006-0006 APS Central Filcs ,Onc h Cal ahin Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:httpT//h2o,cnr,state.nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax .(919)715.0588 1-877-623-6748 Fax (919)715.6048 An Equal Opporturi tylAffirmative Action Employer—50%Recycledl10%Post Consumer Paper o OF W A TFq • Michael F.Easley,Governor William G.Ross Jr.,Secretary 7- North Carolina Department of Environment and Natural Resources 0 Alan W.Klimek,RE,Director Division of Water Quality June 19, 2007 Fig Mr. Barry Hutchison 07 1095 Traphill/Brown Road Traphill,NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm # 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 5039 in the amount of$188.50 on June 13, 2007. The balance of the penalty is $753.65. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, GL+ Dennis G. Lund Animal Feeding Operations Unit cc::APS,Winston-Salem Regional Office File # DV-2006-0006 APS Central Files N''`hCaI ,�ahrn Aquifer Protection section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet;http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Pax (919)715-6048 An Equal OpportunitylAffirmative Action Employer—50%Recycled110%Post Consumer Paper ���C W'q rFR p Michael F.Easley,Governor �o G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 4 Alan W.Klimek,P.E.Director Division of Water Quality May 29, 2007 Mr, Barry Hutchison 1095 TraphillBrown Road Traphill,NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm # 97-31 Wilkes County RECEJVED f NL5003) Deaf,of ENR f Dear Mr.-Hutchison: 3 f 1007 ;This letter is to acknowledge receipt of your chec _m the�amount of$188.50 on May 25, 2007. The balance of the penalty is $942.15. — Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any Questions, please call me at (919) 715-6185. Sincerely, Dennis G. L Animal Feeding Operations Unit cc:SAP-S=Winstori=Salem Regi6da]- ffice File# DV-2006-0006 APS Central Files NOne h Cai Natl1r, Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:http://h2o.Cnr,state,nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal OpportunitylAffirmative Action Employer—50%Recycled110%Post Consumer Paper \N A TF9. Michael F.Easiey,Governor William G.Ross Jr.,Secretary `J North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality April 25, 2007 Mr. Barry Hutchison L1.1 1095 Traphill/Brown Road N.CaTraphill,NC 28685 ��R �WmRE: Acknowledgment of Receipt of PaymentR ° Case No. DV-2006-0006 Farm# 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 4955 in the amount of$188.50 on April 23, 2007. The balance of the penalty is $1,130.65. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185.' Sincerely, Dennis G. L Animal Feeding Operations Unit cc:zAPS-Winston=Salem-Regiorial;©ffice File # DV-2006-0006 APS Central Files W 58-r cat �tirrr Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:hupa/h2o.ennstatemc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal OpportunitylAfnrmative Action Employer—50%Recycled110%Post Consumer Paper �pF W A TF9p . • Michael F.Easley,Governor William G.Ross Jr.,Secretary �- North Carolina Department of Environment and Natural Resources (� Alan W.Klimek,P.E.Director Division of Water Quality March 30, 2007 Mr. Barry Hutchison 1095 TraphillBrown Road Traphill, NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm 4 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 4894 in the amount of$188.50 on March 23, 2007. The balance of the penalty is $1,319.15. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at(919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit cc:APS-Winston=SalemJRegional-Office File #DV-2006-0006 APS Central Files • ftaj rj Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:http:/1h2o.enr,state.nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1.877-623-6748 Fax (919)715-6048 An Equal OpportunitylAffirmative Action Employer—50%Racycled110%Post Consumer Paper �0F W'�T�9p • Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 0 Alan W,Klimek,P.E.Director Division of Water Quality February 23, 2007 '��� t t r..�•.l� Mr. Barry Hutchison 1095 TraphillBrown Road Traphill,NC 28685 RE: Acknowledgment of Receipt of Payment Case No, DV-2006-0006 Farm# 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 4833 in the amount of$188.50 on February 20, 2007. The balance of the penalty is $1,507.65. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions,please call me at (919) 715-6185. Sincere] , Dennis G. Lund Animal Feeding Operations Unit cc: AP&NTinston-Salem_Regional-Oflice-- File # DV-2006-0006 APS Central Files N ne Cat JVatur, Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Intemet:http://h2o.enr.statc.nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal OppottunitylAffirmative Action Employer—50%Recycledl10%Post Consumer Paper ��� W A rEj9� • Michael F.Easley,Governor ��A William G.Ross Jr.,Secretary UJ North Carolina Department of Environment and Natural Resources � � s Alan W.Klimek,RE.Director Division of Water Quality nECDVED N.C. [. t,t.nt i-MR JA 2 r, Z007 January 22, 2007 R^c:;;nal dillce Mr. Barry Hutchison 1095 Traphill/Brown Road Traphill, NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm # 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 4781 in the amount of$188.50 on January 18, 2007. The balance of the penalty is $1,696.15. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit cc:-AP&= Winston--SalemR7egionaF0fMi File # DV-2006-0006 APS Central Files N��"�0hCar )V1 tkn Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:httpalh2o.enr.state.nc.us 2728 Capital Boulevard-. Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal OpportunityfAffirmative Action Employer—50%Recycled110%Post Consumer Paper �0F W A rF9p . Michael F.Easley,Governor G William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Q `C Alan W.Klimek,P.E.Director Division of Water Quality December 22, 2006 Mr. Barry Hutchison 1095 Traphill/Brown Road Traphill, NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm# 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 4732 in the amount of$188.50 on December 21, 2006. The balance of the penalty is $1,884.65 Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit cc:APS=Winston-Salem-Regional Office File# DV-2006-0006 APS Central Files l r., Caro llvatrrrai Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:http://h2o.enr.state,nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper ��F WA�fiRQ . . Michael F.Easley,Governor `J Ci William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality RECEIVED N.C.Dent Of FNR December 7, 2006 DEC 0 8 2006 Winston-Salem Regional Office Mr. Barry Hutchison 1095 Traphill/Brown Road Traphill,NC 28685 RE: Acknowledgment of Receipt of Payment Case No. DV-2006-0006 Farm # 97-31 Wilkes County Dear Mr. Hutchison: This letter is to acknowledge receipt of your check No. 4724 in the amount of$188.50 on December 6, 2006. The balance of the penalty is $2,073.15. Payment of this penalty does not preclude further action by this Division for violations of the State's environmental laws. If you have any questions, please call me at(919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit M cc: AES.Winston-Salem-Reg orial-Office File #DV-2006-0006 APS Central Files Ooe Cal NNature Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:http://h2o.enr.state.iic.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycled/l0%Post Consumer Paper ��W A rEgp • Michael F.Easley,Governor �ot G William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources 0 .0 Alan W.Klimek,P.E,Director Division of Water Quality RECEIVED Dot.of i NF1 November 10, 2006 Not' 132006 VYln�r�•.g�;csrrt 14eg:ortai OfTICe CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT# 7002 2410 0003 0274 2350 Mr. Barry Hutchison 1095 TraphillBrown Road Traphill, NC 28685 RE: Payment Schedule for Civil Penalty Case DV-2006-0006 Farm # 97-31 Wilkes County , Dear Mr. Hutchison: You have requested a schedule for making partial payments toward the $2,261.65 civil penalty that was assessed by the Division of Water Quality on August 1, 2006. The Division is agreeable to a twelve (12) month payment schedule beginning on December 1, 2006 and continuing to November 1, 2007. There are eleven (11) payments of One Hundred Eighty-Eight Dollars and Fifty Cents ($188.50) and one final payment of One Hundred Eighty-Eight Dollars and Fifteen Cents ($188.15). Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. None hCarolina Vaturally Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Telephone: (919)733-3221 Internet:www_ncwatcrqualitY cra Location: 2728 Capital Boulevard Raleigh,NC 27604 Fax L (919)715-0598 Fax 2: (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Customer Service: (877)623-6748 Mr. Barry Hutchison • . � November 10,2006 Page 2 Mail your payments to the address shown below to make sure that they are properly recorded. Mr. Dennis G. Lund DWQ 1636 Mail Service Center Raleigh,North Carolina 27699-1636 If you have any questions,please call Dennis G. Lund at (919) 715-6185. Sincerel A an W. Klimek, P.E. lr,�,7— Director, Division of Water Quality AWK/dg] Attachments cc: Sherri V. Knight, Winston-Salem APS Regional Supervisor w/ attachments M@issa_RosebroW,—MSRO w!-attachments File #DV-2006-0006 w/ attachments APS Central Files w/ attachments CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE BARRY HUTCHISON CASE 4 DV-2006-0006 FARM # 97-31 On August 1, 2006 the Division of Water Quality (DWQ) issued a civil penalty assessment in the amount of$2,261.65, including $761.65 in investigative costs, against Barry Hutchison for making an outlet to waters of the state. In order to resolve this matter, DWQ and Mr. Barry Hutchison have agreed to enter into a payment schedule. Mr. Barry Hutchison agrees to pay the civil assessment of $2,261.65 according to the schedule below as full settlement of Case No. DV-2006-0006. Mr. Barry Hutchison understands that any default in payment or failure to submit payment by the day of the month in which payment is due will result in the immediate referral of this case to the Attorney General's Office for collection through the courts, Mr. Barry Hutchison also acknowledges that DWQ reserves the right to take enforcement action for future violations within its authority should they occur. PAYMENT AMOUNT DATE DUE DATE PAID $ 188.50 12/l/2006 $ 188.50 l/1/2007 $ 188.50 2/l/2007 $ 188.50 3/l/2007 $ 188.50 4/1/2007 $ 188.50 5/1/2007 $ 188.50 6/1/2007 $ 188.50 7/1/2007 $ 188.50 8/l/2007 $ 188.50 9/l/2007 $ 188.50 10/1/2007 $ 188.15 ll/1/2007 $ 2,261.65 0 +� Payments should be by check payable to "NCDENR" and should be mailed to: Mr. Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 NAME Date Alan W. Klimek, P.E. Date Director, Division of Water Quality W A 7"$ Q0 . Michael F.Easley,Governor William G.Ross Jr.,Secretary ?, r North Carolina Department of Environment and Natural Resources �f -� Alan W.Klimek,P.E.Director Division of Water Quality September 19,2006 Mr. Barry Hutchison 1095 Traphill/Brown Road Traphill,NC 28685 RE: Payment Schedule for Civil Penalty Case DV-2006-0006 Farm#97-31 Wilkes County Dear Mr. Hutchison: We received your letter on September 13,2006 requesting monthly payments of the$2,261.65 civil penalty that was assessed by the Division of Water Quality on August 1,2006. We prefer a shorter payment schedule rather than the 18 months you proposed. The following table presents approximate monthly payments for four different payment periods; 12 to 18 months. NUMBER OF MONTHLY PAYMENTS PER PAYMENT 1 12 $188 permonth 2 15 $151 per month 3 16 $141 per month 4 18 $126 per month Please consider the payment options presented in the above table. You may contact me at(919)715- 6185. Sincerely, Dennis G. Lund Environmental Engineer cc: Sherri V. Knight,Winston-Salem APS Regional Supervisor cMelissa-Rosebrock,WSRQ_-_—====> File#DV-2006-0006 APS Central Files NTI Carolina evaturally Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Telephone: (919)733-3221 Internet:www.newaterqualitv,ora location: 2728 Capital Boulevard Raleigh,NC 27604 Fax l: (919)715-0588 Fax 2: (919)715-6048 An Equal OpportunitylAffln nadve Action Employer—50%Recycled110%Post Consumer Paper Customer Service: (877)623-6748 "= State of Noah Carolina V4AT Department of Environment �O`�C �pG and Natural Resources ' Division of Water Quality > Michael F. Easley, Govdmor William G. Ross Jr,,'Secretary Alan W. Klimek P.E., .Director Division of Water Quality Aquifer Protection Section RECEIVED Location: 2728 Capital Blvd.' N.C.Dept.of ENR Raleigh, NC 27604 SEA' 1 4 2006 Mailing Address: 1636 Mail Service Center lrvinscan a_m Raleigh, N.C. 27699.1636 Regional Office FAX: (9 i 9) 715-0588 {919) 7 i 5-6048 ' Date: �� FAX TO: 4 FAX NUMBER: ?' FROM: ALaAw G. ,i17A'1I ` n - PHONE: (9,119) 7,15418 NO. OF PAGES INCLUDING THIS i SHEET: wow if you receive this fax by mistake call: Aquifer Protection Section @ 919-733-3221 TO 30Vd Itlnq 831t1M/dN?3Q0N 8850-9TL-6T6 5Z :9T 900Z/6T/60 Dear Mr.Lund: I am writing you in regard to our telephone conversation Thursday of last week. I would like to request to be allowed to make the civil penalty.amount that I owe in monthly payments. I have many bills and payments that I have to keep going on a monthly basis and if I could do this'it would help a great deal. It will be very hard to pay this all at one time. I waited a couple of weeks after I received the last letter from you to we if I could gather enough to pay it all at one time but I see that it is going to be very hard to do. I don't know if there is a set amo ti -- or something like this but if I could have a time period of equal payments Is mo it would help me greatly. If you would write me and let me know if this ok and the dates each month it would be due, also if there would be a tnon statement telling the amount still owed or not. I also wanted to thank you for the penalty. Being it really was an accident the reduction was greatly with all the cost already incurred in the construction of the new irrigation s Sincerely, Barry Hutchison G1 G+1,'Y l Z0 3Jdd -ivn7 N31VM/NN?3aON 5Z :9T 900z/Sj/60 o�oF w A rF,gQG . Michael F.Easley,Governor William G.Ross Jr.,Secretary �- North Carolina Department of Environment and Natural Resources 0 -C Alan W.Klimek,P.E.Director Division of Water Quality August 1, 2006 CERTIFIED MAIL RETURN RECEIPT REOUESTED RECEIPT #7002 2410 0003 0274 1124 Mr. Barry Hutchison 1095 TraphillBrown Road Traphill, NC 28685 SUBJECT: Request for Remission of Civil Penalty Wilkes County File No. DV-2006-0006 Permit No. AWD970031 Dear Mr. Hutchison: In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of Environment and Natural Resources, I considered the information submitted in support of your request for remission and hereby remit $1,000.00 of the civil penalty assessment. The revised civil penalty is therefore $2,261.65 ($1,500.00 civil penalty plus $761.65 investigative costs). There are two options available to you. You may choose to pay the reduced civil penalty assessment or you may let the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources, reference the case number on the check, and send it within thirty(30) days of your receipt of this letter to the attention of: Mr. Dennis G. Lund DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 or` N hCarolina Naturall North Carolina Division of Water Quility 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Intemet: h2o.enr.statemcus 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 An Equal DpportunitylAffirmattve Action Employer-50%Recycledll0%Post Consumer Paper Barry Hutchison Rrcr..... August 1, 2006 . . N.C.oej-.. I Page 2 AUG 0 3 Wlnr•... If payment is not received within 30 days from your receipt of this letter, your request for-- remission with supporting documents and the Division of Water Quality's recommendation for the full amount of the original twnalty will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached form within 1hirty•(30) days of receipt of this letter. Send the completed form to: Mr. Dennis G. Lund DWQ 1636 Mail Service Center Raleigh,North Carolina 27699-1636 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions,please contact Dennis G. Lund at (919) 715-6185. Sincerely, Alan W. Klimek, P.E. AWK/dgl Attachments cc: Sherri V. Knight, Winston-Salem APS Regional Supervisor w/ attachments 'Melissa Rosebrock,_WSR4_w/attachments_j File #DV-2006-0006 w/attachments APS Central Files w/attachments t STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF WILKES CASE NUMBER DV-2006-0006 IN THE MATTER OF ASSESSMENT ) REQUEST FOR-ORAL PRESENTATION OF CIVIL PENALTIES AGAINST: ) BARRY HUTCHISON ) I hereby request the opportunity to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh,North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute,my presentation will be limited to five minutes in length. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE HUTCHISON DV-2006-0006 Subject: HUTCHISON DV-2006-0006 From: Dennis Lund<dennis.lund@ncmail.net> Date: Thu, 03 Aug 2006 10:31:26 -0400 To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> MELISSA, for your info. . . . . . . .We met with Alan Klimek yesterday to review enforcement cases and Barry Hutchison is receiving a remission of $1000. I of 1 8/3/2006 12:27 PM �OF V A TFRQ • Michael F.Easley,Governor William G.Ross Jr.,Secretary �? North Carolina Department of Environment and Natural Resources > {� ^� Alan W.Klimek,P.E.Director Division of Water Quality July 20, 2006 Mr. Barry Hutchison 1095 Traphill/Brown Road, Traphill,NC 28685 SUBJECT: Remission Request Wilkes County File No. DV 2006-0006 Permit No. AWD970031 Dear Mr. Hutchison: This letter is to acknowledge receipt of your request, on July 19, 2006, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. If you have any questions, please call meat (919) 715-6185. Sincerely, Dennis G, Lund Animal Feeding Operations Unit cc: Sherri V. Knight, Winston-Salem APS Regional Supervisor Melissa Rosebrock, WSRO File# DV 2006-0006 APS Central Files N am` Carolina t tura!!y Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:http://h2o,enr.state.ne.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715.0588 1-877-623-6748 Fax (919)715.6048 An Equal OpporiunitylAffirmative Action Employer—50%Recycled/10%Post Consumer Paper V y_ (� O n u o a a State of North Carolina ° .7 OF WaT�,� Department of Environment n 4G o o r�, and Natural, Resources n ° Division of Water Quality ° o a 'C 4 Michael F. Easley, Governor,,, n William G. Ross Jr., Secretary a Alan W. Klimek P.E., Dlrector Q° O - Division of Water Quality 0 Aquifer lProtection Section Location: 2728 Capital Blvd. ° o Raleigh, NC 27604 a Mailing Address: 163.6 Mail Service Center f, a r Raleigh, N.C. 27699-1,636 ° p FAX: (919) 71'5-0588 ° (919) 7 S-b448 Date: 6 ° O c� p fi FAX TO: GI o FAX NUMBER:' ' 1— I 0 FROM: OF,1Y,NISG LUA PHONE: OI9) 71 i ll1.5 C) G u 0 p r, oQ NO'. OF PAGES i CLUDING THIS SHEET: �16 p�'f li d , c � ° o 0 o if you receive this fax by mistake call: Aquifer Protection SeCtloh @:919-733-3221) TO 39Vd v O `1yno 83ivm/aN'83Q0N a c 8850-9TL-6.T6 tr£-:60 900Z/6 ILO VU TUSn=A:aO_N FOR MMSSION REQUEST DWQ Case Number:• DV 2006-0006 County: Wilkes Assessed Party: Barry Hutchison Permit No. (if applicable): AWD970031 ,Amount Assessed: S3,261.65 Please use this form when requesting remission of this civil penalty. You must,also complete the "Leese st For Remtrsion. ffaiver j2f Right r�cxri�dminis�ative Fearing- and Stroulat:'on of cts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the hive factors listed below as,they may relate to the reasonableness of the amount of the civil penalty assessed.. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the 03g_ malty assuarnent Factors-in N.C,QSj43B-292.1{bl were WMng filly applied to the detriment of the petitioner (the assessment factors-are listed in the civil penalty assessment document); (b) the violator RLgMtly abated continuing envirppmen,tal damage resulting from the viola ' (i.e., explain the steps that you took to correct the violation and prevent future occurrences); ✓ (c) ' the violatiost. was inadygttent gr a result of an accidot (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the_ iolMr had W bem msessedclyil penalties for env previous violations; ✓ (e) payment of the civil,_t)Mgk will prevent taymm for the remaining necessary =ediA actions (t a, explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION additiona1mgm as Mcess ZO 39Vd ivno 831VM/HNW3GON 8850-51L-6Z6 06:60 900Z/0Z/L0 Dear Mr. Lund, I am writhing to reply to the letter that I received the last week of June 2006 about the accident at my dairy in Traphill.Sandy Creek Farm. I wanted to explain what bappened and respond to your factors (a e)in your JUSTIFICATION FOR REMISSION REQUEST. I hope that I can explain all of the different factors well enough that you will be able to greatly reduce the penalty assessed. Justification for Remission Request Factors: (a) According to the factors listed in G.S. 143B-282.1(b) 1-8; (1) I do not have the instrtunents to check the water like you have but as far as looking at the area up and down the stream you can see nothing different fioyn any other stream anywhere. The pipe that broke was from wash water from the sinks and from washing the inside floor. My employees always scrape the manure out of the dairy bam to be put in the dry stack and then wash the floor,so the amount of manure in the water is very low, it is probably 95 to 98%water. It also had a great distance to travel from the damaged pipe,probably close to%of a mile or more. Because of this I hope that there was very little harm done to any part of the environment, My sister and my cousin and his wire took a video of the path down the hill and stream about 3 days after Ms.Rosebrock was here,He loves to walk oftea in and around the Stone Mt. State Park and he said it looked just like any other stream that he had ever walked before,he couldn't see any visible damage at all. (2) I did not know.that the pipe had broken,it must have been within the last 1 or 2 times of pumping out the wash water.and as soon as we found the damage to the pipe we stopped pumping through this line and found a way to haul the wash water to the field until Barry Career from N.Wilkesboro C Soil and Water Service could come and determine a way to solve the situation. (6) As I stated earlier,it was a complete accident. In no way would I have intentionally let this happen. (7) This is the first time I have ever had any soil and water problem on my farm ever before in the last 21 year,that I have run a dairy . (b) I stopped pumping the wash water immediately upon finding the broken pipe. I called Barry Greer at the N.Wilkesboro Soil and Water Conservation Dept. at the request of Ms.Rosebrock. I told him about the situation,he said he would , come out to see what needed to be corrected. It took him a few days to get another man to come with hirn to have two opinions,and they both said that the EB 39Vd ivno 83iVM/dNW3aON 8880-911--6i6 06:60 900L/0L/L0 �U best thing to do was to call Gra-Mac Distributing Co.to work out a irrigation plan to get rid of the wash water in a way that should rover be a problem again. The plan that they designed was to use a 3"pvc pressure pipe to carry the water, a 3"inlet and outlet trash pump, (and this is the only ticket I was not able to find, I don't]mow what happened to it but I sent a copy of the page from the company that I ordered it from and you can see the price in it,Berry Greet of Ms. Rosebrock can verify that I have the pump. If they don't remember one day that they are here they can look at the pump and the picture to verify it.)clean out connections in the event they were ever needed,and a water gun that would cover approximately a 250 ft.circle. The amount of water coverage that this water gun and the sine storage tank I have would be a little less than 1/4 of an inch per acre. The people at Gra-Mac said that if I would do this that there would be no reason for a fiance problem with the wash water ever again. •I got the materials needed and constructed it exactly as they instructed so as not to have this happen ever again. The day that Barry Cheer and David came to the farm and told me to call Gra- Mac was on a Wednesday,and I called and talked to them that afternoon. I went the next day to get the pipe and supplies. We laid out the materials that day and did not have enough pipe so I returned to Gra-Mac early the next day to get more pipe. After I returned with the pipe I went to Elkin to rent a ditch di;ger to install the 2040fk of pipe and started to work. We finished the system the next day which was Saturday,so the entire time from when they told me what to do until completion was 3 days and the new system was up and running. 0 The incident was truly a complete accident. I had even put a gate that had been bent in a u shape over the pipe where it came out from under the cement to keep the cows or any thing else like someone walking or driving with a 4 wheeler to close from breaking it. Some time in the past the gate had been hit and turned slightly sideways allowing enough room for a cow to get close enough to damage the pipe,but in no way would I have done this intentionally. I don't want to do anything that could hurt the enviromnent in any way. (d) The first day of operation on my dairy fam was May 29, 1985 and this was the first time I have ever had a problem on my farm like this or any other problem with soil and water or DWQ so this definitely was the first penalty against me or my farm in 21 years of operation. (e) The dairy business as you probably know is a very difficult business to be in for several years now. The bills are almost never met and most have went out of business because it was such,a struggle all the time. I had saved back a few dollars back each year for a long time. Money I should have put on bills but 00 39Vd 7vno 831VM/HN?3aON 8850-9U-616 VE:60 900Z/0S/Le I knew I needed to try to put something back. This was the money I used to fix the irrigation system and it took almost everything I had saved..'If it was not for this money I would have had no way to have fixed this system. The actual cost to fiat the system£turn the tickets enclosed was$6798:89,and I did not count any pay for my time and it was late the day we finished on Saturday evening. I paid the people that helped me in cash that I had on me at the time but if you count starting at 1 pm on Friday and all of Saturday for me and 5 other people at$8.00 per hour it would be$640.00 added to the other would be $7438.89 total cost to finish the project. I also installed a commercial grade gutter on.the dairy to carry rainwater away from the barn before it could be mined with any manure so there would be much less runoff from the dairy. I constructed a wall from railroad crossties around a feed lot area to divert any rainwater. These were some suggestions that Ms. Rosebrock made the day she visited my farm,she said that it was not a absolute have to but it would make things better in the future. I immediately fixed these 2 things also like she wanted to nmke everything overall work together to be better. The receipts for all these improvements as we11 as the new irrigation system receipts are included in this letter. I do like the way the new sygt=works,it is far better than anything that I have had in the past T z Soil and Water Conservation in N. Wilkesboro said.that with this new system they did not think that I would ever have another problem with getter rid of the wash water ever again. So there should never be a problem like this ever again and for all these reasons I hope that you will be able to take iota consideration all of the expenses that I have had already in fixing the problem amd be able to reduce the penalty or erase if completely. I do appreciate your taking time to read tluv all of the different aspects of this situation and I hope you can get some understanding out of my sentences;it has been some time since I have bad to write nay letters. Sincerely, Bury Hutchison Sandy Creep Farm 90 39tld -ivnm 831VM/NNT3aON 8890-9IL-616 OE:60 900Z/0Z/L0 �OF W A T�RQ • - . Michael F.Easley,Governor •• `01 William G.Ross Jr.,Secretary Vj r. North Carolina Department of Environment and Natural Resources 0 Alan W.Klimek,P.E,f'¢�q,' eKr Division of�U�te�l�t�aljVf C-NFJ 06 or-Sa Ma 26 2006 ealoRal 0 "Orn ffic©CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT# 7002 2410 0003 0272 7159 Mr. Barry Hutchison 1095 TraphillBrown Road Traphill,NC 28685 SUBJECT: Assessment of Civil Penalties for Violation(s),of N.C. General Statute(s) 143-215.1 Farm#97-31 Wilkes County File No. DV 2006-0006 Permit No. AWD970031 Dear Mr. Hutchison: This letter transmits notice of a civil penalty assessed against Barry Hutchison in the amount of $3,261.65,which includes$761.65 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s)may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh,North Carolina 27699-1636 ND"` Carolina �twa!!y Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet,http://h2o.enr,state,ne,u$ 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Barry Hutchison Page 2 May 26,2006 2. Submit a written.request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether•the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Dennis G. Lund Division of Water Quality 1636 Mail Service Center Raleigh,NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. Barry Hutchison . • Page 3 May 26,2006 and 5:00 p.m., except for official state holidays. The original and one (1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Telephone(919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson,Registered Agent DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Please mail or hand deliver a copy to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh,NC 27699-1636 Please indicate the case number(as found on page one of this letter) on the petition. . Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Dennis G. Lund at(919) 715-6185. Sincerely, Theodore L. Bush,Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Sherri V.Knight,Winston-Salem APS Regional Supervisor w/attachments Melissa Rosebrock,WSRO w/attachments File#DV 2006-0006 w/attachments APS Central Files w/attachments Susan Massengale w/attachments STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF WILKES FILE NO. DV 2006-0006 IN THE MATTER OF ) BARRY HUTCHISON ) FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF NORTH ) CIVIL PENALTIES CAROLINA WITHOUT A PERMIT IN ) VIOLATION OF 15A NCAC 2H .0217 AND ) N.C.G.S. 143-215.1. ) Acting pursuant to delegation provided by the Secretary of the . Department of Environment and Natural Resources and the Director of the Division of,Water Quality, 1, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Barry Hutchison owns and operates Hutchison Dairy Farm, a dairy and cheese production operation located on Traphill-Brown Road in Wilkes County. B. Hutchison Dairy Farm was deemed permitted as a non-discharge facility on February 1, 1993 in accordance with Title 15A North Carolina Administrative Code Subchapter 2H Section .0217 (15A NCAC 2H .0217). C. On February 8, 2006, in response to a complaint, DWQ staff inspected the Hutchison Dairy Farm. Staff observed a discharge of animal waste from the cattle lot, and then into Big Sandy Creek. Big Sandy Creek is a Class C Trout HQW water of the State within the Yadkin Pee-Dee River Basin. D. Barry Hutchison had no valid permit for the above-described activity. E. The cost to the State for the enforcement procedures .in .this matter totaled $76I.65. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Barry Huchison is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Big Sandy Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). C. The above-cited discharge constitutes making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Barry Hutchison may be assessed civil penalties in these matters pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation 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. E. The State's enforcement costs in this matter may be assessed against Barry Hutchison and pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8): F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the'Department of Environment and Natural Resources and the Director of the Division of Water 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, Barry Hutchison is hereby assessed a civil penalty of: $ .5p va for discharging waste to the waters of the State in violation of 15A NCAC 2H .0217 and G.S. 143-215.1. TOTAL CIVIL PENALTY $ 761.65 Enforcement costs $ 3.� 6 6 S TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.I 43B-282.I(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; (8) The cost to the State of the enforcement procedures. //'?/Z�6 (Date) The ore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF WILKES IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND BARRY HUTCHISON } STIPULATION OF FACTS FILE NO. DV 2006-0006 Having been assessed civil penalties totaling $3,261.65 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated May 26, 2006 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty(30) days from the receipt of the civil penalty assessment. This the day of . 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION_REQUEST DWQ Case Number:- DV 2006-0006 County: Wilkes Assessed Party: Barry Hutchison Permit No. (if applicable): AWD970031 Amount Assessed: $3,261.65 Please use this form when requesting remission of this civil penalty. You must,also complete the "Request For Remission, Waiver of Right to an Administrative Hearing' and Stimulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in_N.C.G.S. 143B-282:1(2) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuingenvironmental nvironmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare far); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the, remaining„necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing -the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): �CF w A rF9Q • • Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality N.C.Dapt,cf ENR May 26, 2006 JUN ' CERTIFIED MAIL Regicrriai C3Piit;e RETURN RECEIPT REQUESTED RECEIPT#7002 2410 0003 0272 7159 Mr. Barry Hutchison 1095 TraphillBrown Road Traphill,NC 28685 SUBJECT: Assessment of Civil Penalties for Violation(s)of N.C. General Statute(s) 143-215.1 Farm#97-31 Wilkes County File No.DV 2006-0006 Permit No.AWD97O031 Dear Mr. Hutchison: This letter transmits notice of a civil penalty assessed against Barry Hutchison in the amount of $3,261.65,which includes$761.65 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s)may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice,you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh,North Carolina 27699-1636 4oe Carolina atAtrally Aquifer Protection Section 1636 Mail Service Center Raleigh,NC 27699-1636 Phone(919)733-3221 Customer Service Internet:http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh,NC 27604 Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Barry Hutchison . • Page 2, May 26,2006 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty(30)days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Dennis G. Lund Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may'obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a,m. Barry Hutchison Page 3 May 26,2006 and 5:00 p.m., except for official state holidays. The original and one (1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone(919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Please mail or hand deliver a copy to: Dennis G. Lund DWQ 1636 Mail Service Center Raleigh,NC 27699-1636 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Dennis G. Lund at(919) 715-6185. Sincerely, Theodore L. Bush,Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Sherri V. Knight, Winston-Salem APS Regional Supervisor w/attachments Melissa Rosebrock,WSRO w/attachments File#DV 2006-0006 w/attachments APS Central Files w/attachments Susan Massengale w/attachments STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF WILKES FILE NO. DV 2006-0006 IN THE MATTER OF ) BARRY HUTCHISON ) FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF NORTH ) CIVIL PENALTIES CAROLINA WITHOUT A PERMIT IN ) VIOLATION OF 15A NCAC 2H .0217 AND ) N.C.G.S. 143-215.1 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Barry Hutchison owns and operates Hutchison Dairy Farm, a dairy and cheese production operation located on Traphill-Brown Road in Wilkes County. B. Hutchison Dairy Farm was deemed permitted as a non-discharge facility on February 1, 1993 in accordance with Title 15A North Carolina Administrative Code Subchapter 2H Section .0217 (15A NCAC 2H .0217). C. On February 8, 2006, in response to a complaint, DWQ staff inspected the Hutchison Dairy Farm. Staff observed a discharge of animal waste from the cattle lot, and then into Big Sandy Creek. Big Sandy Creek is a Class C Trout HQW water of the State within the Yadkin Pee-Dee River Basin. D. Barry Hutchison had no valid permit for the above-described activity. E. The cost to the State for the enforcement procedures in this matter totaled $761.65. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Barry Huchison is a "person" within the meaning of G.S. 143-215.6A'pursuant to G.S. 143-212(4). B. Big Sandy Creek constitutes waters of the State within the meaning of G.S. 143- 215.1 pursuant to G.S. 143-212(6). C. The above-cited discharge constitutes making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Barry Hutchison may be assessed civil penalties in these matters pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation 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. E. The State's enforcement costs in this matter may be assessed against Barry Hutchison and pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water 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, Barry Hutchison is hereby assessed a civil penalty of: $ Q c7. for discharging waste to the waters of the State in violation 00 of 15A NCAC 2H .0217 and G.S. 143-215.1. $ ep off. S®O TOTAL CIVIL PENALTY $ 761.65 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.14313-282.1(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; (8) The cost to the State of the enforcement procedures. &6V 6 (Date) The ore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF WILKES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO-AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND BARRY HUTCHISON ) STIPULATION OF FACTS FILE NO. DV 2006-0006 Having been assessed civil penalties totaling $3,261.65 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated T May 26, 2006 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty(30) days from the receipt of the civil penalty assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number:- DV 2006-0006 County: Wilkes Assessed Party: Barry Hutchison Permit No. (if applicable): AWD970031 Amount Assessed: $3,261.65 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to 'an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual "statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting_from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties,for any previous violations; T (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): . _-. --nt o ENR RECEWED ` RBC 11I.C.r-ePt.of EN€t ......�.. N.C.ge i FEB 2 3 2006 W'�nstonSa�em Winston-Sa;em Regional office Regionai Office INV(3'eF .. Name DIVISION OF WATER QUALITY Account No. 800132 Address 585 WAUGHTOWN STREET Date 02/13/06 City WINSTON SALEM State NC Zip 27107 Invoice No. 3314 Attn: Quantity Descri tion Unit Price Total 3 FECAL COLIFORM $17.00 $ 51.00 RE SAMPLE#: 264128-264130 Sub Total $ 51.00 Less Discount TOTAL $ 51.00 PAYMENT TERMS TERMS: NET 30 DAYS I) CASH REMIT TO: TRITEST,INC 2)CHECKS PO BOX 33190 RALEIGH,NC 27636 3) MONEY ORDERS 4) MASTERCARD OR VISA Hv�& TEL: 336-766-7846 FAX: 336-766-2314 WEB: www.trifesfinc.com 6300 Ramada Drive, Suite C2, Ciemmons, North Carolina 27012 NC Division of Water ality Laboratory Section Resu Loc.Descr.: DOWNSTREAM Location ID: WSROSPNLC Sample ID: AB01126 j County: Wilkes PO Number# 6WO911 River Basin Report To WSROSP VIsItID RECEIVED Region: WSRO Date Received: 0210912006 N.C.Dept.of ENR Collector: M ROSEBROCK Time Received: 08:40 FEB7�f1C t1V Sample Matrix: SURFACEWATER Labworks LoginlD JWA DD L Loc.Type: RIVERISTREAM Winston-Salem Sample Depth Date Repoeted: 02/16/2006 Regional Office Collect Date: 02/0812006 Collect Time:: 12:02 nalyte Name PQL Result Quali er Units Approved LAB Sample temperature at receipt by lab 0.3 or JGOODWIN MIC BOD,5-Day in liquid 2.0 5.8 mg1L CGREEN Turbidity 1 2.5 NTU CGREEN NUT NH3 as N in liquid 0.02 0 X2 mg1L as N CGREEN NO2+NO3 as N in liquid 0.02 0 X2 mglL as N CGREEN Phosphorus total as P In liquid 0.02 0 X2 mglL as P CGREEN Total KJeldahl N as N In liquid 0.2 0 X2 mglL as N CGREEN Laboratory Section» 1623 Mall Service Center,Raleigh,NC 27699.1623 (919)733-3908 Page 133 of 135 I -EAVED �.. f4Z� Dept.of IENR DMSION OF WATER QUALITY FEB 2 1 2006 Chemistry Labaratary Report/Water Quality• lab Number : ABOI 128 El SAMPLE TYPE Date Received: 21912006 Winston-Salem COUNTY WILKES PRIORITY wml� Time Received: 8:30AM RIVER BASIN: AMBIENT QA 01 STREAM,`+.at'n EFFLUENT Received By : DS Regional Office REPORTTO WSRO RegionalOtFice COMPLIANCE X❑ CHAIN OF CUSTODY El LAKE "'f INFLUENT Other : EMERGENCY VISIT ID FS71.1ARY Data Released: JSW COLLECTOR(S) : MROSEBROCK 0 Date Reported: 2/16/2006 Estimated BOD Range: Station Loeatiao:DOWNSTREAM Seed: Chlorinated: Reatarks: 'I` f ation M Date Begin(yylmmldd) Date End("/mm/dd) T1me Begin Time End Depth-DM,DB,DBM Value Type-A,H,L Composite-T,-S, Sampie Type 4:::: 1 2OW208 1 1202 X 1BOD310 5.6 niVL Chloride 940 inglL X N113 as N 610 X2 m L l.i-Lithium 1132 ugfL COD High 340 MvL Chi a:Tri 32217 u X TKN an N 625 X2 mg/L Mg-Magnesium 927 m COD Low 335 m91L Chi a:Corr 32209 u&fL NO2 plus NO3 as N 630 X2 m Mn-Man 1055 u Colifomt:MF Feral 316M /100m1 Pheo to a 32213 U9rLX P:Total as P 665 X2 Mr& Na-Sodium 929 m Colifarm:MF Total 31504 /100411 Color,True 80 c.u. PO4 as P 70507 mg/L Arsenic:Total 1002 u Coliform:tube Fecal 31615 /100m1 Coker:( H) 83 pH= C.U. P:Dissolved as P 666 mgfL. Sc,Selenium 1147 uSIL Coliform:Focal Se 31673 /100m1 Color:pH 7A 82 C.U. K-Potassium mg/L Hg-Mercury 71900 u Residue:Total 500 mg1L Cyanide 720 m Cd-Cadmium 1027 u Ba-Barium ugfL Volatile 505 m Fluoride 951 mg1L Cr-Chromium:Total 1034 ugtL Orgariachlorine Pesticides Fixed 510 m Formaldehyde 71 680 m Cu-Copper i042 Orgamphosphorus Pesticides Residue:Suspended 530 MvL Grease and Oils 556 inSIL Ni-Nickel 1067 ug1L Volatile 535 m Hardness Total 900 In Pb-Lead 1051 u Acid Herbicides Fixed 540 m Spc6ficCond.95 umboslcm 2n-Zinc 1092 H 403 units MBAS 39260 m V-Vanadium ug/L BasclNcutraL&Acid Extrac[ab' O ica Acidi to H 4.5436 mg/L. Phenols 32730 A -Silver 1077 WL TPH Diesel RarW Acidityto H 8.3 435 m Sulfate 945 m Al.Aluminum 1105 ug/L Alkaline to H 9.3 415 mg/L. Sulfide 745 m Re-Beryllium 1012 u !e Organics(VOA bohle 'd) Alkalinity to pH 4.5 410 m&fL 113.. Ca-Calcium 916 -g/L TPH Gasoline Kaup TOC 680 mg/L Tannin do Lignin ugIL Co-Cobalt 1037 TPHIBTEX Gasoline Range X 'di 76 2.5 NTU Hexavalem Chromium UE Fe-Iron 1045 u911- Phyto lanktan orm Total Tube "1100MIS Bicarbonate Mwt Mo-Moi um ualL Carbonate mgtL Sb-Antimon ug/L Total Di Ived Solids m Sn-Tin TI-Thallium Ti-Titanium ug/L H a63t COMMENTS: Cz o ( ( �S` DIVISION OF WATER QUALITY Chemistry Laboratory Report f Water Qualily Lab Number SAMPLE TYPE Date Received: COUNTY , Y--)e—S PRIO$Z[]( , /� Time Received_ RIVER BASIN: L r) ❑ AMBIENT QA I� I AM EFFLUENT Received Br REPORT TO �J Regional Office COMPLIANCE .��CHAIN OF CUSTODY ��'`LAKE INFLUENT Other : _ ,� _ , rU �L EMERGENCY ViSfI'1R ESTUARY Data Released COL COLLECT-OR(S) : 1y� ti l l 0�JE-- L�'.—�(���-� � Dale Reported Estimated HOB Range: 7 Station Location: -��[?iL.'�5 Ct {''�c I v�1 Serd: Chlorinated: Remarks: SKO�.7? LC Slatio cation Code Date Benin{yylmm7dd) Dale Rod(yylmmfdd) Time Benin Time End Depth-DIU,DB,UBM Value Typc-A,H,L Composite-T,S. Sample�ype O O� b'3 C D7. eq %Z;C)z [� -HOD 310 nwL Chloride 940 mWL 143 as N 610 rrgfl, IJ-Lilhium 1 132 ug(L COD High 340 mg1L Chl a:T6 32217 ugfl.. TEN an N 625 ogA_ Mg Magrscsium927 MWL COD Low 335 n*rL Chl a:Corr 32209 ug/L NO2 plus NO3 as N 630 mWL Mn-Manganese 1055 ug1L Coliform MF Fecal 31616 1100w1 Pheophytin a 32213 ugLC. �$P-T.Jal.P66S M@fL Na-Sodium 929 n*L Coliferm MF Total 31504 1100m1 Color:True 80 c.u. PO4 as P 70507 nfgti.. Ammc:Total 1002 ugrL. Colifurm:tube Fecal 31615 f I ODffd Color:(pH) 83 pH. c.u, P:Din l ed as P 666 rrrglL Se-Selenium 1 147 uSIL. Coliform:Fecal Strep 31673 1100m] Color:pH 7,6 82 C.U. K-Potassium rop/L Hg.Mercury 71900 ug/L Residue:Total 500 n1B/L Cyanide 720 mWL I Cd-Cadmium 1027 nglL Ba Barium ugfL Volatile 505 rrsgft, Fluatide 951 mgt'L Cr-Chrorrvum:Total 1034 ug/L Orpnochlorme Pesticides Fixed 510 rsrp/L Formaldehyde 71880 mgrL Cu-Copper 1042 ugll. %anophosphorm Pesticides Residue:5 530 mg/L. Grease and Oils 556 rt WL N-Nxkel 1067 upfL. Volatile 335 rrg(L Hardness Total 900 ml.#L Ph-Lead 1051 uy/L Acid Herbicides Fixed 540 n38/L. Specific Cond.95 amhoslcm Zh Zinc 1092 111A PH 403 units MBAS 38260 mgrL V-Vanadium ug(L BawlNeutnd&Acid Extractable Organics Acidity to PH 45 436 n1ldL Phenols 32730 ugtL AS-Silver 1077 uWL TPH Diesel Range Acidity to H 83 435 mg1L Sulfate 945 ragfL Al-Aluminum 1105 ugll• inity,to pH 8.3 415 rrgfL. Sulfide 745 rng(L Be-Beryllium 1012 u®'L Purgeable Organics(VOA battle req'd) inity to pH 45 410 mWL Baron Ca-Calcium 916 fforL TPH Gasolne Range TOC 680 trsg/L Tannin&Lignin ugfL Co-Cobalt 1037 ugtL TPHIRTEX Gasoline Range urbidity 76 NTU Hexavalcm Chromium uWL Fe-Iron 1045 ugrl. Phytoplankton Colifurm Total Tube "1100 nds Bicarbonate mEfL Mo-Molybdenum ug/L Carbonate _WI_ Sb,-Anlimony ugrl, Total Dissolved Solids "IeL S-Tur ugfL T1-Thallium ug4, Ti-Tilanium u*L. /� I Hg-1631 ng'L Temperature on arrival(°C): -�f- COMMENTS: V Ot , f a NC Division of Water ality Laboratory Section Res" Loc. Descr.: DAIRY WASTE @ DISCHARGE Location ID: WSROSPNLC Sample ID: ABO1127 County: Wilkes RECEIVED PO Number# 6W0910 KC.Dept.of ENR River Basin VisitlD Report To WSROSP r +qfinnUOt1 c Region: WSRO Date Received: 0210912006 tB C Collector: M ROSEBROCK Time Received: 08:40 Winston-salem Sample Matrix: SURFACEWATER Regional Office Loc.Type: RIVER/STREAM Labworks LoginlD JWA Dale Reported: 02I1612006 Sample Depth Collect Date: 02/0812006 Collect Time:: 12.10 �f7� nalyte Name POL Result Cluali er Units Approved By LAB Sample temperature at receipt by lab 0.3 °C J600DWIN MIc BOD, 5-Day in liquid 2.0 300 G7 mg/L CGREEN Turbidity 1 330 NTU CGREEN NUT NH3 as N in liquid 0.02 0 X2 mglL as N CGREEN NO2+NO3 as N In liquid 0.02 0 X2 mglL as N CGREEN Phosphorus total as P In liquid 0.02 0 X2 mglL as P CGREEN Total Kjeldahl N as N in liquid 0.2 0 X2 mg1L as N CGREEN Laboratory Section»1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 Page 132 of 135 • DIVISION OF WATER QUALITY �ECEk 01 F-NR N.C.qep Chemistry Laboratory Report I Water Quality Lab Number AB01 127 (�p W❑ SAMPLE TYPE Date Received: 2/9f2O06 ��. COUNTY WILKES PRIORITY Time Received: 8:30 AM RIVER BASIN: AMBIENT QA Xl STREAM EFFLUENT Received By DS Wkn nook ptikce REPORT TO WSRO Regional Office ❑ COMPLIANCE X❑ CHAIN OFCUSTODY ❑ LAKE ❑ INFLUENT Reg . Other : ❑ EMERGENCY - VISIT ID ' ESTUARY Data Released : JSw COLLECTORS) : M ROSEBROCK r.� - 2 Date Reported: 2/1612006 ee Estimated ROD Range. Station Location:AT DISCHARGE DAIRY WASTE V Seed: Chlorinated: Remarks: Station k Date Begin(yylmmldd) Date End(yy/mm/dd) Time Begio Time End Depth-DM,DB,DBM Value Type-A,H,L CampositrT,S, Sample Type ii 20W208 1210 X BOD 310 300 G7 mph[. Chloride 940 m X NH3 as N 610 X2 mglL Li-Lithium 1132 COD High 340 mgiL Chi a-Tri 32217 ug/L X TKN an N 625 X2 mg/L Mg-Magnesium 927 m COD Low 335 MWL Chl w Corr 32209 ug/L X NO2 plus NO3 as N 630 X2 mg/L Mn-Manganese 1055 uglL Cohfonu_MF Fecal 31616 /100ml Pheophyiin a 32213 u X P:Total as P 665 X2 m Na-Sodium 929 m Colifoim:MF Total 31504 1100ml Color:True 80 C.U. PO4 as P 70507 mg/L Atsenic:Toud 1002 uwL Coliform:tube Fecal 31615 /100m] Color:(H)83 pll= c.u. P:Dissolved m P 666 m Se-Selenium 1147 UPJL Colifonn:Fecal Strap 31673 /loom[ Color,pH 7.6 82 c.u_ K-Potassium mg/L -Mercury 71900 Residue:Total 500 -FJL Cymi4e 720 mg/L Cd-Cadmium 1027 ug/L Ba-Barium uWL Volatile 505 mpfL 1 Fluoride 951 m Cr-Chromium:Total 1034 v Orgarwchlorine Pesticides Fixed 510 mgR. Formaldehyde 71$90 m9fL Cu-Copper 1042 ugtL Organs rus Pesticides Residue:Suspended 530 m Grease and Oils 556 mg/L Ni-Nickel 1067 ug/L Volatile 535 mg1L Hardness Total 900 mg/L Pb-Load]OS I u Acid Herbicides Fixed 540 mg/L Sp=fic Cold.95 umhos/cm Zn-Zinc 1092 H 403 units MBAS 38260 mg/LIV-Vanadium ug/L Base Ncutnd&Acid Extractable O snits Acidity to pH 4.5 436 mwt Phenols 32730 A-Silver 1077 ugli, TPH Diesel Range Acidity to pH 8.3 435 mg/L Sulfate 945 mg/L Al-Aluminum 1105 ug/1. Alkalinity to pH 8.3 415 m Sulfide 745 mg/L He-Beryllium I IM2 ugtL Pun eable Organics(VOA bottle 'd) Alkalinity to PH 4.5 410 mg/L Boron Ca-Calcium 916 m TPH Gasoline Range TOC 680 mgtL Tannin&Lignin awl, Co-Cobalt 1037 ug/L TPH/BTEX Gasoline Range X Ajjh&djjy 76 330 NTU Hexavalent Chromium u9fL Fe-loon 1045 Phyto lankton :arm Total Tubc "1100 MIS Bicarbonate mg/L Mo-Molybdenum ug/L Carbonate m Sb-Antimon u Total Dissolved Solids m Sn-Tin ugtL TI-Thallium ug/L Ti-Titanium ug/L Hg-1631 n COMMENTS DIVISION OP WATER IJA Chemistry Laboratory Report!Water Quality Lab Numberw w SAMPLE TYPE Date Receivr 2 COUNTY l ,PRIOR Time Received. RIVER BASIN: �lL r l)v AMBIENT QA STREAM ElEFFLUENT Received By REPORT TO �i� Regional Office COMPLIANCE CHAIN OF CUSTODY ❑ LAKE INFLUENT Olber L (� t_ ` EMERGENCY VaSCf ID - ESTLARY ❑ Data Released COLLECTORS) � rtiG_`7� ESL C,C,l � 'T1 Z Date Reporsed Estimattd ROD Range: 1 f C) t Station Localion: Lti'S2,0�PAJI C Seed: Chlari—trd: Remarks: l L' oboes Mll.ocafian Code /Date Begin(Wmmldddj Date End(7y1mm1ddl Time Begin Time End Depth-D11L,DB,DBh1 Value Type-A,H,L CompasitrT,S,I Sample Type C) U HOD 3l0 -91L Chloride 940 m6/L > NH3 as N 610 mg11- Li-Lithium 1 132 u6wL COD Hight 340 m9fl. Chi a:Tri 32217 uE/L 1 k:N an N 625 MbfL M Magnesium 927 -6fL COD Law 335 nv/L Chi a:Carr 32209 ugfL TJ02 plus NO3 as N 630 mg/L Mn-Manganese 1055 ugfL Coliform:MF Fecal 31616 I I00m1 Pheophytin a 32213 UA fi:Total as P 665 mglL Na-Sodium 929 -9(L Coliform:MF Toro!31504 /100m1 Color:True 80 c.u. PO4 as P 70507 mglL Ameotc:Total 1002 Og(L Colifornc tube Feral 31615 1100rn1 C010L.(pH) 83 pH= C.U. P:Dissohed as P 666 mg/L Se-Seleniam 1147 ugJL Colifotm:Fecal Strep 31673 /106ml Color:pH 7 6 8? eu. K-Potassium my/L Hg-Memory 719M uWL Residue:Total 500 nvq- Cyanide 720 nt11✓L- Cd-Cadmium 1027 ug/L Ba-Barium ug1L Volatile 505 rrryrL Fluoride 951 m61L Cr-Chronvum:Total 1034 ug/L Orgpnochlorine Pesticides Fixed 510 my�L Formaldchyde71880 -WL Cu-Copper 1042 UO. Orgpnophosphonus Pesticides Residue:Suspended 530 mylL Grease and Oils 556 my4L Ni-Nickel 1067 u•L Volatile 535 rowl- Hardness Total 900 m lyl-. Pb-Lwl 1051 ug/L Acid Herbicides Fixed 540 nw/L Specific Cand_95 umhos/cm Zn-Zinc 1097 ug/L p)1 403 units MBAS 38260 mp/L V-Vanadium uw% Basc/Nculral&Acid Extractable Organics Acidity to pH 4.5 436 m&/L Phenols 32730 uWL A6 Silver 1077 ug11. TPH Diesel Range Acidity to pH 8 3 435 ng1L Sulfate 945 atg/L AI-Aluminum 1105 ug(L Alkalinity ea pF;8.3 415 rrygfL Sulfide 745 mgJL Be-Beryllium 1012 ug1L Pu[geabk Organics(VOA bottle req'd) Alkalinity to pH 4.5 410 mg/L Boron Ca-Calcium 916 rry;/L TPH Gasoline Range TOC 680 rgg/L, Tannin&Lignin uWL Co-Cobalt 1037 ug/L TPIVBTEX Gasoline Range Turbidity 76 NTU Hexavalent Chronuum ug/L Fe-Iran I045 owl, Phytoplankton ' Coliform Total Tube '/1 DO mis jBicaFbonate mglL Mo-Molybdenum ug/L Carbartale rng/L St,-Antimuny uo- Total Dissolved Solids -wL Sn-Tin ug/L 77-Thallium ugl1. Ti-Titanium ug/1. Ilg-1631 nglL Tempuahat on arrival(°C): COMMENTS: 7 C I t Ca.lsln 1 — P[, Ettwi _ it MWER. CALIBRATION SHEE18 UNIT DATE o2 001 ME d NAME M 0 METEK:':... .'.METER tW - A 5he A P Meter Number Meter Number Meter Mfg. by R Membrane Last Replaced 110a664P Probe Last Replaced Meter Number -5 N Z,2, --T P Batteries Last Replaced a a oo Batteries Last Replaced Probe Last Replaced 00 Red tigiv Batteries Last Replaced ;2 06(a 7 Buffer Sol. Last Replaced Zero---E3-- libfitli&h g 4-M: ail:4 6 A -4 n ti .... ......Initial Air Standard 01 (147 urnhos.) Buffer #1 (0.86 a 77001 ) Temperature S Temperature Temperature 0,0.from Table Std.after Temp. Correctio:n Buffer after Temp. Correction Barometric Pressure or Alt. Factor Meter Reading Ito Meter Reading (�p Factor X D.O.from Table = Calib.D.O. K alue Std after Temp,Correction Meter Corrected to 70 a,ue q <d Meter Reading Meter Readings3 K Valu Buffer #2�arg-18) 4.0 Meter Corrected to K Valu a Temperature ter Buffer after Temp. Correction andard 02 (718 umh6s.) Motor Reading Winkler 1 Value Meter Corrected to (Do Winkle' lue r#2 Temperature N?., R a Std. after Temp.Correction Meter Reading I Corr edto ter Reading 00 Meter Corr Me nat CalibrAt ra1. a� at oh Final Calibration Air Standard Value Buffer Value e, rTperature Temperature Temperature 0 Tii 0 Acc D.O.from Table -lip, Std. after Temp. Correction Buffer after Temp. Correction Barometric Pressure or Alt. Factor q-7 Meter Reading 100 Meier Reading Factor X D.O.from Table = Calib.D.0 Meter Corrected to o t� Meter Reading 0/b Meter Corrected to COMMENTS: Winkler Winkler#1,Winkler �u Winkler#2 Valu Meter Readi Meter Cc ected to DIVISION OF WATER QUALITY Cbcanistry Laboratory Report 1 Water Quality Lab Number = ' ❑ SAMPLE TYPE Date Received COUNTY �e PRIORITY Tins Received: RIVER RAS,: K(r) AMBIENT QA EFFLUENT Received By REPORT TO yy RegiomJ Ofr a COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT Other : OSe}-,r.0C �L EMERGENCY V1SIFlD ❑ ESTUARY Data Released COLLECTOR(S) : J (K�1 Date Reported Estimated DOD Range: - aS StaNae Location: _)�bWn!s Q1 r I Seed: Chlorinated: Remarks: Station NlLocatioo Code Date Begin(yylmmldd) Date End(yylmmldd) Time Begin Time End Depth-DNt DK DBM Value Type-A,H,L Composite-T,S, Samplelypc O O'Z b8 6 OZ 01 1 %z;off 1 W-0 BOD 310 nwL Chloride 940 MwL as N 610 mwL 1:1 hmrn 1132 ug'L. COD High 340 mgf L Chi a:Tri 32217 uSIL 7KN an N 625 n1VL W Magnesium 927 marl. COD Law 335 m1A Chi a:Can 32209 ug 1, NO2 plus NO3 as N 630 mwL Mn-Manganese 1055 uWL Coliform MF Fecal 31616 1100m1 Pheophytin a 32213 ug L P:Total as P 665 M91L Na-Sodium 929 mg/L Coliform MF Total 31504 /100ml Color.True 80 c.tx. PO4 as P 70507 mwL Arscnic.Total 1002 ug(L Colifom:tube Fecal 31615 1100ml Color.(pH) 63 pH= U. P:Dissolved as P 666 mglL Se•Selenium 1 147 ug(L. Coliform.Fecal Strep 31673 1100011 Color.pH 7.6 82 Cu. K-Potassium mgfL Hg-Mercury 71900 oglL. Residue:Total 500 rr3Jr L Cyanide 720 MWL Cd-Cadmium 1027 ug/L BrRarium u8(L Volatile$05 mg/L Fluoride951 mg(L Cr-ChmrniumTntal 1034 ug/L Organachlorine Pesticides Fixed 510 mwL Formaldehyde 71890 _wL Cu-Copper 1042 ugn. OrganophosphorusPesticides Residue:Suspended 530 r*L Grease and Oils 556 mg1L Ni-Nickel 1067 118/1. Volatile 535 F*L Hardness Total 900 MWL Pb-Lead 1051 U91L Acid Herbicide Fixed 540 T1*L Specific Cond.95 umhoslcm Zrr-Zinc 1092 uglL. PH 403 units MBAS 321260 mg(L V-Vaaadiran ug/L Hasd9eutraldcAcld Extractable Organics Acidity to pH 4.5 436 r>;Z Phenols 32730 u#L Ag-Silver 1077 ug1L TPH Diesel Range Acidity to pH 8.3 435 m8(L Sulfate 945 mg(L Al-Alnminwn 1105 ug1L Alkalinity to pH 8.3 415 rr*i. Sulfide 745 nQ/I. Bc-Beryllium 1012 ug/L Purgeable Orgy ics(VOA bottle mq'd) • Alkalinity to pH 4.5 410 mg(L Boron Cs Caldron 916 n WL TPH Gasoline Range TOC 680 rr>gJL Tannin&Ligam 4L Co-Cobalt I037 uWL TPHBTEX Gasoline RanSe urbidity 76 NTU Hexavalent Chromium uEVL Fe-Iran 1045 u91L Phytoplanktan Coliform Total Tube '1I00 mis Bicarbonate mgrL Mo-Molybdenum ug/L Carbonate mWL Sk~Antm*ny UA Total Dissolved Solids mwL. Sn-Tin USX TI-Thallium u91L Ti-Titanium 1191L Ilg-1631 ngrL I TenVeratuxe on arrival("C): CONMENTS: O` ( 42 j DIVISION OF WATER QUALITY Chemistry Laboratory Report!Water Quality lab Number : /� { ❑ SAMPLE TYPE Date Received: COUNTY WWi-111 ]e- J PRIORITY Time Received: RIVER BASIN: ll/I!�I ��I K\ AMBIENT QA �TREAM EFFLUENT Received By : REPORT TO -- -�'+�'Regional Office COMPLIANCE CI LAIN OF CUSTODY LAKE INFLUENT COLLECTOR(S) : �QS P�brO c,�L ❑ F-MERC�NCY 'VLS� ESTUARY DataeRReleased port : Dale Reported: Estimated BODRaagr. e t� s Slaliao l.acatioo:UQ Y �" yar 3ouv,,r Or fff �- Seed: Chlorinated: Retmarks: Station kllacation Code Dale Begin(yylmmldd) Date End(yylmmldd) Time Begia Time End Depth-DM,DB,DBM Value Type-A.N,L Composite-T,S, Sample Type • 0002-o� 00ozo8 11: so I I G BOD 310 7719L Chloride 940 MWL FNMasN6]0 �• Li-Lithium 1132 u91.COD High 340 ,n1wL Chl a:Tri 32217 u6'L anN625 *L M8-Magnesium 927 -101- CODLaw335 mgll. Chl a:Corr 32209 uEfL, plus NO3 as N 630 MWL Mn-Manganese 1055 u81LColifotm MF Fecal3E616 !i 10en1 Pheophytio a 32213 uWC tal as P 665 nil Na Sodinmt 929 rrp/L Colifonm MP Total 31504 1100m1 Color True 80 c.0 as P 70507 mil. Arsenic:Total 1002 ugrLColiforrm tube Feral 31615 11OOm1 Color(pH) 83 pH= c.u. ssolved as P 666 n*(L. Se-Selenium 1147 ugrL Coliform Feral Strap 31673 1100" Color.pH 7.6 82 c.u, K-Potassium nVL I%-Mercury 719M u8'L Residue-Tota1500 -wL Cyanide 720 MWL Cd-Cadmum 1027 ug/L Ba-Barium ug(L. Volatile 505 nvL Fluoride 951 n1- CrChromiumTotol 1034 UWL Organochlarine Pesticides Fixed 510 mg/l. Formaldehyde 71880 mgJL Cu-Ca per 1042 ug/L. Orgitriophospbom Pesticides Residue:Suspended 530 n*L Grease and Oils 556 11*11- Ni-Nickel 1067 uy/L. Volatile 535 nw/L Hardness Total 900 mF/L Pb-Lead 1051 U91L. Acid Herbicides Fixed 540 -9/1- Specific Cond.95 umhoslcm Zn-Zinc 1092 41- pH 403 unit: MBAS 38260 nVL V-Vanadium uEVL. Ba=Neutral&Acid Extractable Organics Acidity to pH 4.5 436 rrffi7. Phmols 32730 ugfL, AS-Silver 1077 uF/L TPH Diesel Range Acidity to pH 8.3 435 -wL Sulfate 945 m9fl. AI-Aluminum 1105 up/l. Alkalinity to pH 8.3 415 FWL Sulfide 745 MIA Be-Beryllium I012 41- Purpeable Organics(VOA battle rcq d) • Alkalinity to pH 4.5 410 nglL Baron Ca-Calcium 916 rgglL TPH Gasoline Range TOC 690 MFIL Tannin g Lignin ug/L. Co-Cobalt 1037 uwL TPWBTEX Gasoline Range Turbidity 76 NTU Wxavalem Chromium ug'L. Fe-Iran 1045 uwL Phytoplanklon Coliform Total Tube 7100 ails Bicarbonate MWL Mo-Moiybdcnum uwL. Carbonate tnEVL Sb-Antimony u8fL Total Dissolved Solids MOIL Sn Tr, ugfL TI-Thalliton -StL Ti Tdi nium uRlL I-g-1631 rign. iTeroperature on a veal M: COMMENTS: NC Division of Water ality Laboratory Section Resub Loc.Descr.: NO LOCATION CODE Location ID: WSROSPNLC County: Wilkes �� }} p _ �Q M Sample ID: A1301126 N�C?pt of L;VR River Basin V f-✓�'s l' 1 4 PO Number# 8W0909 Report To WSROSP VsItID L �] 1 Region: WSRO Date Received: 02/0912006 FEB`GP 1+{lin aon-5aleo: Collector: M ROSEBROCK Time Received: 08:40 Reg onal Office Sample Matrix: SURPACEWATER Labworks LoginlD JWA Loc.Type: RNERISTREAM Date Reported: 0 2/1 612 0 0 6 Sample Depth Collect Date: 02/0812006 Collect Time:: 11:505 na yte Name PQL Result Qualifier Units Approved By LAB Sample temperature at receipt by lab 0.3 "C JGOODWIN MIC BOD,5-Day in liquid 2.0 2 U mg/L CGREEN Turbidity 1 1.2 NTU CGREEN NUT NH3 as N In liquid 0.02 0 X2 mg/L as N CGREEN NO2+NO3 as N in liquid 0.62 0 X2 mg/L as N CGREEN Phosphorus total as P In liquid 0.02 0 X2 mg/L as P CGREEN Total Kjeldahi N as N In liquid 0.2 0 X2 mg1L as N CGREEN Laboratory Section>> 1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 Page 131 of 135 K•�• cQ DIVISION OF WATER QUALITY Chemistry Laboratory Reporl/Water Quality Lab N.ba : AB01 126 • �� 0 SAMPLE TYPE Date Received: 219f2006 ton.galem COUNTY WILKES PRIORITY Time Received; 350 AM R�9Sana!pities RIVER BASIN: ❑ AMBIENT QA X❑ STREAM EFFLUENT Received By DS REPORT TO WSRO Regional Office COMPLIANCE %� CHAIN OF CUSTODY LAKE INFLUENT _ Other : EMERGENCY VISIT ID ESTUARY Data Rcicascd : 35W COLLECTOR(S): M ROSEBROCK I Date Reported: 2/18/2006 Estimated BOD Ranee: Station Location;UPSTREAM PARK BOUNDARY WS Seed: Chlorinated: Remarks:WSROSPNLC Tt fj0 =_T;; Begio(yy/mmtdd) Diet End(yy/mmldd) me Begin Time Fad Depth-DM,DO,DBM Value Type-A,li,I, CompasirrT.$, Sample Type 20060208 I150 X BOD 310 20 Chloride 940 mgfI, X NH3 m N 610 X2 mg/L U-Lithiton 1132 COD High 340 m Chl a:Tri 32217 u gf,L X TKN an N 625 X2 TEMg-Magnesium 927 COD Low 335 m Chia:Cone 32209 u % NO2 plus NO3 to N 630 X2 mgfL MnrM 1055 Coliform:MF Feed 31616 /100mk PheophyLin a 32213 u X P:Total as P 665 X2 mg/L Na-Sodium 929 mg/L Coliform:MF Total 31 SO4 1100mi Color:True 80 C.U. PO4 as P 70507 m Arsenic:Total 1002 ug/L Cotiform:tube Fecal 31615 /100ml Color:( H 1 83 pH= e.u. P-Dissolved as P 666 mgfL So-Selenium 1147 u Cotifo :Fecal Strep 31673 1100m1 Color:pH 7.6 82 C.U. K-Potassium m H -Mecuy 71900 ug/L Residue:Total500 rngfL C ide 720 m Cd-Cadmium 1027 u Ba-Barium Volatile 505 m Fkuoride 951 m CrLhromitun:Tolal 1034 ug/L OFgarwchlorinc Pesticides Fixed 510 m Formaldehyde 71880 m Cu-Copper t042 ug/L 0FgnJ10Ph0SPh0rUS PesOcldcS Residue:$ 530 ma Grease and Oils 556 ME& Ni-Nickel 1067 Volatile 535 mgfL Hatdr.=Total 900 ma Pblead 1051 uFJL Arid Herbicides Fixed 540 m Specific Card.95 umbos/cm Zn Zme 1097 ug/L H 403 units MBAS 39260 m V-Vanadium Base/Neutral&Acid Extractable Organics Acidity to PH 4.5 436 Phenols 32730 A Silva 1077 ug/L TPH Diesel Range Acidity to pH 9.3 435 mgAL Sulfate 945 Al-Aluminum 1105 AlWituty to 9H 8.3 415 m Sulfide 745 m Be-2MIlium 1012 ug/l. Purgeable,Ckgxriice(VOA bottle 'd) Alkalinity to pH 4.5 410 m Boron Ca-Calcium 916 mg1L TPH Gasoline EMe TOC 690 m Tannin&Li in ugtL Co-Cobalt 1037 ugll. TPHA3TEX Cawwline Range X ids 76 1.2 NTU Hexavalent Chromium ugIL Fe-ltvrt 1045 ugA. Phyloplankton tform Total Tube "1100 MISBicarbonate Mo-Melybdenum ugIL Carbonate m&IL Sb-Antimonyug/L Total Dissolved Solids mWL Sn-Tin TI-Thallium ug/L Ti-Titanium Hg-1631 rtgJL COMMENTS: � 3� iit�(v DIVISION OF WATER QUALITY Chemistry l.aboratury Report 1 Water Quality Lab Number COUNTY ` �' El ��` Date Received . �� �1 PRf R Time Received x . RIVER BASIN: LI/]rf t�I jI, AMBIENT QA �TREAM EFFLUENT Received By ^ REPORT TO — -`��•Regional Office COMPLIANCE CHAIN OF CUSTODY 0 LAKE ❑ INFLUENT Other EMERGENCY V1$f1'iD ESTUARY Da Released COLLECTOR(S) }�t O5 rO C.�L }� Datee Reported Estimated ROD Range; < 1 t�.s Station Location:V eck �O.Y l� L�7Ct Lir-1�C. {f' S��LC Seed: ffff Chlorinated: Remarks: lion#lLoealien Code Dale Begin{yylmmldd) Date End(yylmmldd) Time Begin Time End Depth-DM,DR,DBSI Value Type-A.H.L Composite-T,S. Sample Type -1 oIQOZ G� oW o 2-o�3 I l : so i t 5o G ROD 310 mall- Chloride 940 MOIL NH3 as N 610 rrlpfL Li-Lithium 1 132 ug/L COD High 340 n*FL Chi a:Tri 32217 ug/f- TKN an N 625 mg1L ME:Magnesium 927 -wl- COD Low 335 mg/[- Chi a:Corr 32209 ug/l- 02 plus NO3 as N 610 ms LL Mn-Manganese 1055 uWL. CoUbtm:MF Fecal 31616 1100nil Phe aphytin a 32213 ua?L P:Total as P 665 nVX No-Sodium 929 nWL. Coliform MF Total 31504 llOOml Color:True BO c.u. PO4 as P 70507 nVIL Af=ic-.TGtaJ 1002 ugtl. Colifarm tubs Feral 31615 1100m1 Color:(pH)83 pH= C.U. P:Dissolved as P 666 -wL Se-Selenium 1147 ug/L Coliforrrr Fecal Slrep 31673 111 OQma Color.pH 7.6 82 c.u. K-Potassium -V(L Hg-Mercury 71900 ug1L Residue:Total 500 rrrg/F- Cyanide 720 mglL Cd-Cadmium 1027 ug/L Ha-Barium ug/L. Votatile 505 niwL Fluoride 951 -wL Cr-Chronitum:Tolal 1034 ug1L Organochlorine Pesticides Fixed 510 -Hrl- Formaldehyde71$80 m64L Cu-Copper 1042 ugIL. OrganophosphorusPesticides Residue:Suspended 530 mglL Gcase and Oils 556 rr4yL M-Nickel 1067 ug(L Volatile535 n*L- Hardness Toial9W mglL Pb-Lead 1051 uglL Acid Herbicides Fixed 540 mg/L Specific Cond,95 umhosfcm Zn-Zinc 1092 uglL pH 403 units MBAS 39260 mglL V-Vanadium ugll. BasdNmhal&Acid Extractable Organics Acidity to pH 4,5 436 nv(L Phenals 32730 ug1L Ag-Silver 1077 uglL TPH Diesel Range Acidity to pH 83 435 tng/L. Sulfate 945 mglL Al-Aluminum 1105 up1L Alkalinity to pH 8.3 415 nYJ1. Sulfide 745 nwL. Be-Berylliurn 1012 ulifl- Purgmblc Organics(VOA boric req d) AlkaiinitytoPH4.5410 mglL, I lRown. Ca-Calcium916 -wL TPH Gasoline,Range TUC 690 mglL Tannin&Lignin uafL Co-Cobalt 1017 ugtL TPRlBTEX CvsoliaR Range Turbidity 76 N U liexavalenf Chromium uWL Fe-Iran 1045 ag1L PhyloplsnHon ColiformTotal Tube 'I100 rids Bicarbonate Me-Molybdenum ug/L Carbonate nV(L Sb-Antimony ug/L Total Dissolved Solids nrEfL Sn Tm ug/L - TI-Tball ium ug1L Ti-Titanium uglL. Hg-1631 ng1L Temperature on arrival(eC): t COMMENTS -..- � �. l -��. .�-�- - .-.-.. .-- .-....., -.-..._,.-.. �� ��� -. ,. t-..+.9s.r.'.."Yr.'� ..e ..Gr'r r.'�-:-i- y-...-._.. �ice•.a.....-..�-�-�..-:�w _ _ _ r ._ � .,�ti,-.�•r..- .r - r i TRITEST, 6300 Ramada•Drive,Suite C2 Chain of Custody Tritest W.O.# Clemmons,NC 27012 c Ph:(336)766-7846 44ax:(336)766-2314 ' Report Results To: `r Bill To: c \ - Company: ��1• � A � �ca `�\ ' L� -- - Project Reference: Y����. �*�1�3S�NcCl Address: Z V- %s .a�� �� V Q .�- �J Project Number: Purchase Order M Attn: _� � 1��Q� - �Q,�._ _ ❑ Standard Report Delivery Phone: .��fl Fax: �� � ❑ Rush Report Delivery (w/surettarge) -Rdt p r Ktpd W prior Wpmrr t v On W-alm Sampled by (signature): i�F'l4 { _ _ Requested Due Date: Sample Description C-o .. Start Date End Date Matrix Analyses Requested TritW ww-pw.aw _ G. Start Time End Time �e-t-uN Lr.A ksl [ th � v � _ S \\ ff ti roc _� ti '•D�niR► Qt R\ L.1� �C �3. �ac�� l� Rei' 'shed by - atureJ Received by(signature) �..r Date / Time Receipt Conditions(Lab Use Only) f..' t E /�t i -� qg! O ' �� ❑ 4±2°C El Temp: ' "Cr� R linquished by(slgnnature) Received by(soiawra) Date rune Res. Chlorine ❑Absent ❑Present❑n/a `- Rabrq,ashed by(signature) Received by(soma-e) Data Tune Acid preserv.<29 [I Yes ❑No ❑n/a Base preserv.a12? ❑Yes ❑No E]Na DIVISION OF WATER QUALITY Chemistry Laboratory Report/water Quality Lab Number W ` 1 L 1C%S SAMPLE TYPE Date Received: COUNTY PRIORITY Time Received: RIPER BASIN; �}` AMBIENT QA �STREAM EFFLUENT Received By REPORT TO W S Regional Office ❑ COMPLIANCE XCHAIN OF CUSTODY LAKE ❑ 1NFLUENT Other : EMERGENCY VISITm ESTUARY Data DateR port COLLECTOR(S) : Y1 RoS� rO�.� � l Date Reported Estimated HOD Rangy: 1 C O'� ( Station Location: A T Seed: Chlorinated: Remarks: �)(��r a 5 l Q, @ .Station#!Location Code Date 13eyio(yylmmldd Date En (yy/mmfdd) Time Begin Time End Depth-PIH,D$bBM Value Type-A.]i,L Composilt-T,S, Sample Type L o� o� o�oao8 lztio kzko BOD 310 MWL Chloride 941) mwL. as N 610 r*L Li-Lithium 1132 U91L COD High 340 mwL Chia Fri 32217 USIL TKN an N 625 Mg-Magnesium 927 n:(L COD Lour 335 -8fL Chl a:Carr 32209 ugm1. 'NO2 plus NO3 as N 630 ngfL Mn-Manganese 1055 119'l. Colifons MF Fecal 31616 /100m1 Ph ophytin a 32213 ugni.. :Total as P 665 nw(L Na-Sodirun 929 -01L Colifomw MF Total 31504 1100m1 Color.True 80 cu. PO4 as P 70507 ng/L Armie:Total 1002 11811. Colifo=tube Fecal 31615 /100m1 Color.(pH) 83 pH= C.M. P:biswlved as P 666 ffwfL Se-Selenium 1147 4L Coliform:Feral Strep 31673 /100ad Color.pH 7.6 82 c,u. K-Pa-m um MwL IRS-Mercury 71900 U91L Residue:Total 500 MwL Cyanide 720 ntgli, Cd-Cadmium 1027 ug/L Ba Baruun u#L. Volatile 5D5 r*L Fluonde 951 mmYL. Cr-ChromQumTotal 1034 uWL Organochlorinc Pesticides Fixed 5 1 o n:/1.. Formaldehyde 71890 mgrl. Cu-Copper 1042 up/L Organophosphones Pesticides Residue:Suspended 530 mil. Grease and Oils 556 ^8fL N-NMwkcl 1067 ugfL Volatile535 mpfL Hardness Total900 MWL. Pb-Lead 1051 ug/L Acid Herbicides Fixed 540 mp/L Specific Cond.95 umlms/em 7n-Zinc 1092 up/L pH 403 units MBAS 38260 MWL V-Vanadium ug/L Base/Neutral&Acid Extractable Organics Acidity to pH 4.5 436 mgfL Phenols 32730 41, Ag-Silver 1077 ug/L TPH Diesel Range Acidity to pH 8.3 435 mgfL Sulfate 945 MOIL AI-Aluminum 1105 u91L Alkalinity to pH 3.3 415 -9tt Sulfide 745 n*(L. Be-Beryllium 1012 ng/L Purgeable Organics(VOA bottle tccfd) • Alkalinity to pH 4.5 4I0 nT(L Boron Ca-Calcium 916 MWL TPH Gasoline Range, TOC 68D n1[d[, Tannin&Lignin ug/L Co-Cobalt 1037 U91L TPHBTEA Gasoline Range urbidity76 IV7lF Hexavalent Chromium ugL Fe-Iron 1045 ug1L. Phytapllmkton Coliforat Total Tube Vtoll mIs Bicarbonate mg7. Mo Mnlybdenum ug/I. Carbonate mmfL Sb-Antianny ng/L Total Dissolved Solids 1119% Sn-Tin ug/L TI-Thallium ug/L. Tm-Titanium ug.4.. Hg-1631 ng1L Temperature on arrival(°C): COMMENTS: _I O r ' a� n 0 AnyWho: Internet Directory Assistance;Yellow Pages,White Pages... http://urigen.rmservers.com/cgi-bWamap.cgi?url=hup%3A%2F%2... AnyyVh6 online directory back (DARF WALTER&WANDA HUTCHINSON 1210 Traphill Brown Rd Traphill, NC w ISO 0 -rd �TPUNI Lofts (A Cr C6 [SZN5 Rand.ktHaSy 8 Contpmy OM5 TANA IN.Rel.01IM5 Powered by Rand McNally. Learn more about our privacy_policy and terms of use. @2005 Rand McNally &Company. All rights reserved. -T7 norii---, maj,4- q 3 -4 ly P V 5 - .21 tV C04nve, Le,4 on ,R v,t, on+-o Lb 3 0*0 M .on 1 of 1 2/7/2006 4:10 PM i • B. Hutchinson-NOI February 17, 2006 Page 2 The Wilkes County SWCD/NRCS office has notified us that you have requested their technical assistance. We urge your continued cooperation with the Wilkes County SWCDINRCS staff in implementing a permanent solution to the management of cattle waste at your facility. Please respond, in writing, detailing how you propose to eliminate the potential for any type of unpermitted discharge in the future. Include a proposed timeline and documentation showing your intention to resolve apparent and anticipated water quality issues at the dairy. The WSRO is proposing an enforcement action against you for the above referenced violations. If you have justification that this violation was caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. The WSRO will review your response and forward it to the Aquifer Protection Section Chief with the enforcement package. In the absence of any justification, the Regional Office will recommend that an enforcement action be taken immediately. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. Please address your response to my attention at the address shown on the letterhead. If you have any questions concerning these matters, please contact Melissa Rosebrock or me at(336) 771-4600. Sincerely, Sherri V. Knight Aquifer Protection Supervisor cc: APS-Animal Feeding Operations Permitting and Compliance Unit Wilkes County Natural Resources Conservation Service/Soil and Water Conservation District Wilkes County Health Department Superintendent, Stone Mountain State Park WSRO AP Facility Files Central Files a�� Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 2Z0031 _ Facility Status: Active Permit: AWD970031 ❑ Denied Access Inspection Type: Qgml2liance Inspection Inactive or Closed Data: Reason for Visit: Complaint County: Wilkes Region: Winston-Salem Date of Visit: 02/08/2006 Entry Time:10730 AM Exit Time:01:00 PM Incident#: 200600632 Farm Name: Hutchison Owner Email: Owner: BIrcy Hutchison Phone: 336-957-8525 Mailing Address: 1095 Traohill-Brown Rd Traohill NC 28685 Physical Address: 1095 Traohill-Brown Rd Traohill NO 28685 Facility Status: ❑ Compliant E Not Compliant Integrator: Location of Farm: Latitude: 36*22'12" Longitude: 81°02'4Z- US 421 north from WSRO to 1-77 north. US 21 north. Laft onto Traphill Road. Right onto Longbottom Road. Right onto Traphill-Brown Road. Question Areas: Discharges&Stream Impacts Waste Collection&Treatment Waste Application Other Issues Certified Operator: Operator Certification Number: Secondary OIC(s): On-Site Representative(s): Name Title Phone 24 hour contact name Barry Hutchison Phone: 336-957-8588 On-site representative Barry Hutchison Phone: 336-957-8588 Primary Inspector: Melissa Rosebrock Phone: Inspector Signature: Date: Secondary Inspector(sll: Inspection Summary: 1.,2.,&3. DWQ investigated a complaint alleging the discharge of waste into surface waters. Upon investigation, a liquid discharge of milk parlor, cheese production,and animal waste was found to have been entering Big Sandy Creek for several weeks or months. Solids were not observed in the creek, however,excessive fungal growth,as a result of excessive nutrients,was observed at the discharge and for several yards downstream. 7.&9. It is believed that the cause of the discharge was a result of waste from an inground tank(16'X 8")improperly discharging from the end of a broken PVC irrigation pipe between the cattle/milk bam and application field.When the pumped was turned on,the waste channeled downhill approx.600-750 ft, prior to entering waters of the State. 11., 15., & 18. Irrigation gun on moveable stand was set up to discharge onto a denuded sacrifice lot where the 83 milk cows were confined. Mr. Hutchison was instructed to cease application to this lot and to pump and haul the waste from the in-ground tank as necessary and to apply the waste onto a vegetated field. 33. DWQ to follow-up since discharge reached waters of the State. Permit may be required(including CAWMP,OIC,etc.) Page: 1 F Permit:AWD970031 Owner-Facility: Barry Hutchison Facility Number:970031 Inspection Date: 02/08/2006 Inspection Type:Complianoe Inspection Reason for Visit:Complaint Regulated Operations Design Capacity Current Population Cattle O Cattle-Milk Cow 83 83 Total Design Capacity: 83 Total SSLW: 116,200 Waste Structures Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard Dry Stack ROOFED DRY STACK Storage IN GROUND TANK Page: 2 Permit:AWD970031 Owner-Facility: Barry Hutchison Facility Number:970031 Inspection Date, 02/08/2006 Inspection Type:Compliance Inspection Reason for Vlslt:Complaint Discharges&Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ■ ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ■ a.Was conveyance man-made? ❑ ■ ❑ ❑ b. Did discharge reach Waters of the State?(if yes, notify DWQ) ■ ❑ ❑ ❑ c. Estimated volume reaching surface waters? unknown d. Does discharge bypass the waste management system?(if yes, notify DWQ) ■ Cl ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? 0111111 3.Were there any 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? ❑ 01111 If yes, is waste level into structural freeboard? ❑ 5.Are there any immediate threats to the integrity of any of the structures observed(I.e./large trees,severe ❑ ■ ❑ ❑ erosion, seepage,etc.)? 6.Are there structures on-site that are not properly addressed and/or managed through a 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, ❑ Cl ■ ❑ 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? Cl Hydraulic Overload? ■ Frozen Ground? ❑ Heavy metals(Cu,Zn,etc)? ❑ Page: 3 1 Permit:AWD970031 Owner-Facility: Barry Hutchison Facility Number:970031 Inspection Date. 02/08/2006 Inspection Type:Compliance Inspection Reason for Via It:Complaint Waste Application Yes No NA NE PAN? ❑ Is PAN> 10%110 lbs.? ❑ Total P205? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Crop Type 1 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 Management ❑ ❑ ■ ❑ Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ■ Cl ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ Cl ■ ❑ 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ ■ 18. Is there a lack of properly operating waste application equipment? ■ ❑ Cl ❑ Other Issues Yes No NA NE 28.Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ❑ ■ ❑ 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ■ ❑ ❑ mortality rates that exceed normal rates? 30.At the time of the inspection did the facility pose an air quality concern? If yes,contact a regional Air ❑ ■ ❑ ❑ Quality representative immediately. Page: 4 Permit:AVVD970031 Owner-Facility: Barry Hutchison Facility Number:970031 Inspection Date: 02/08/2006 Inspection Type:Compliance Inspection Reason for Visit:Complaint Otherlssues Yes No NA N£ 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit2 ❑ ❑ ■ ❑ 32. Did Reviewer/Inspector fail to discuss reviewlinspection with on-site representative? 1101111 33. Does facility require a follow-up visit by same agency? ■ ❑ ❑ ❑ Page: 5 F WAr Incident Report Aw r^c Report Number: 200600632 Incident Type: Complaint On-Site Contact: Category: Animal First/Mid/Last Name: Barry Hutchinson Incident Started: 02IM2006 Company Name: County: Wilkes Phone: (336)957-8525 City: Traphill PagerlMobile Phone: I Farm#: 97-0031 Responsible Party: Reported By: Owner: First/Mid/Last Name: Permit: AWD970031 Company Name: Facility: Hutchison Dairy Address: First Name: Barry Middle Name: City/State/Zip: Last Name: Hutchison Phone: Address 1095 Traphill-Brown Rd PagerlMobile Phone: 1 City/State/Zip: Traphill NC 28685 Phone: Material Category: Estimated Ulty: UOM Chemical Name Reportable City.lbs. Reportable tZty.kgs. DD:MM:SS Decimal Position Method: Address matching Latitude: +3602Z12'* 36.370000 Position Accuracy: Nearest loth OfA Second Longitude: —81°-2'47" -81.046300 Position Datum: Unknown Location of Incident: Hutchinson Dairy Faun on Traphill Brown Road Address: 1095 Traphill Brown Rd CltylStatelZlp Traphill NC 28685 Report Created 04/05/06 01:55 PM Page I Cause/Observation: Directions: Sands manure from dairy/Cheese operation is stored in covered 1-77 north to US Hwy 21 north.Left onto Traphitl Road.Right onto dry stack and land-applied with spreader.Whey from cheese Longbottom Road.Right onto Traphiil-Brown Road. processing is stored in 1,200 gat above ground tank and picked up by local famer and fed to cattle.Liquid parlor waste is stored in 16'xVinground tank(B000-12000gal.7).Waste is pumped from this inground tank and irrigated onto a denuded cattle loafinglsacrifice lot.irrigation pipe from inground tank was broken and allowing the liquid parlor waste to wash downhill Into waters of the state.83 milk cows currently on site. Action Taken: Comments: Mr.Hutchinson was Instructed to cease Irrigation Immediately Various up/down stream samples were obtained for analysis.Photos and begin pump and haul to vegetated land.He was also were also taken.Large amount of fungus was observed in creek.Little instructed to remove solid waste from downslope side of bam solids or sediment were observed,however. and land apply to a crop.NOVIN01 was issued. Incident Questions: Did the Material reach the Surface Water? Yes Conveyance: Other Surface Water Name? Big Sandy Creek Did the Spill result in a fish Kill? Unknown Estimated Number of fish? If the Spill was from a storage tank indicate type. (Above Ground or Under Ground) Containment? Unknown Cleanup Complete? No Water Supply Wells within 1500ft: Unknown Groundwater Impacted: Unknown Event Type Event Date Due Date Comment Incident closed Requested Additional Information Report Entered 2006-03-01 03.56:00 Inspection or Site Visit Conducted 2006-02-08 10:30:00 Report Created 04/05106 01:55 PM Page 2 Incident Start 2006-02-06 10:00:00 Referred to Regional Office-Primary Contact 0200-02-06 01:00:00 Report Received 0200-02-06 10:00:00 Standard Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date Other Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information: Report Taken By: Report Entered By: Regional Contact: Steve W Tedder Melissa Rosebrock Melissa Rosebrock Phone: Daterrime: 0200-02-06 10:00:00 AM 2006-03-01 03:56:00 PM 0200-02-06 01:00:00 PM Referred Via: Phone email Did DWQ request an additional written report? If yes,What additional information Is needed? Report Created 04/05/06 01:55 PM Page 3