970008_Request for remission of civil penalty_20190306

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality_
March 6, 2019
CERTIFIED MAIL - #701 S 1520 0000 7838 4894
RETURNRECEIPT REQUESTED
Clifton Hutchison
Margie Hutchison
Hutchison Dairy
6501 Traphill Road
Traphill, NC 28685
NC Department of
Environmental Quality
Received
,R 0 8 2019
Winston-Salem
Regional Office
Subject: Request for Remission of Civil Penalty
Case No. DV-2018-0010
Farm # 97-0008
Permit Number AWD970008
Wilkes County
Dear Mr. Hutchinson:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of your
request for remission and did not find grounds to modify the civil penalty assessment of $4,306.27.
A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your
receipt of this letter to the attention of.
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Ope ations Unit
1636 Mail Service Cter
Raleigh, North Carolina 27699-1636
OR
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9000

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2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources 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 Request for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
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 me
at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Attachments
cc: nat -Salem ejWR
File # D-2018-0010
WQROS Central Files (AWD970008)

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2018-0010 Region: Winston-Salem County: Wilkes
Assessed Entity: Clifton G. and Margie Hutchison Permit: AWD970008
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
While the WSRO would agree that milk prices are currently very low, Mr. Hutchison has had several years in
which he has not invested financially into the management of animal waste at the dairy. Only after the discharge
were there efforts towards improving the pasture fields.
Additionally, a June 2004 compliance inspection documents that "there is still 4-6 in. of sediment/waste in the
creek near the upper end of the culvert at the dairy. " This is the same location as the current discharge. The 2004
inspection also notes that Mr. Hutchison wants to rebuild or build a new freestall barn so that the cattle can stay
confined and won't have to cross through a culvert under the road. (through the stream) "and can therefore stay
out of the stream. " Mr. Hutchison has already had 14 years to build the new barn he mentions in his May 28,
2018 remission request.
Per NRCS email received 06-20-2018: "Mr. Hutchison has applied for NRCS funding to assist with the
potential to move to a 100% confined animal dairy to eliminate milking cows crossing the creek to come to the
milking parlor. The main reason being to eliminate the potential point source pollution from cattle trakc.
NRCS engineer and NRCS Team 4 personnel have begun trying to come up with a design to house all the
milking cows and handle/modify the waste storage facilities to accommodate 100% confinement. NRCS does not
normally "cost -share " on animal housing, but per our EQIP program policy an applicant can request a waiver
from the State Conservationist to obtain cost share funds to assist in animal housing as a component of a waste
storage facility. NRCS Team 4 staff is working with Cliff and the dairy on a proposal to submit to the State
Conservationist to consider a waiver. "
DECISION (Check One)
Request Denied E
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No❑
Partial Remission ❑ $ (Enter Amount Remitted)
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STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF WILKES
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
CLIFTON G. and MARGIE HUTCHISON
DWR Case Number: DV-2018-0010
REQUEST FOR ORAL PRESENTATION
I hereby request 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 and/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 (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
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