970008_Remission Request_20180604 (3)

.��,�� �
»?w.:���t
\� r� <
� 3�2

.A

DIVISION OF WATER RESOURCES
CIVIL PENALTY RENIISSION 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 NRCSfunding 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 traffic.
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 100916 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 ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ Non
Partial Remission ❑ $ (Enter Amount Remitted)
Linda Culpepper Date
rev 1.0 - 8.31.09