970008_Assessment of Civil Penalties_20180228

y
Water Resources
Environmental Quality
NC Department of
Environmental Quality
Received
MAR 0 2 2018
February 28, 2018
CERTIFIED MAIL-.#70162140 0000 0562 3922
RETURN RECEIPT REQ UESTED
Clifton Hutchison
Margie Hutchison
Hutchison Dairy
6501 Traphill Road
Traphill, NC 28685
Dear Mr. Hutchison:
Winston-Salem
Regional Office
ROY COOPER
Governor
MICHAEL S. REGAIN
Secretary
LINDA CULPEPPER
Interim Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 97-0008
Wilkes County
Enforcement File No. DV-2018-0010
This letter transmits notice of a civil penalty assessed against Clifton G. and Margie Hutchison in the
amount of $3,000.00, and $1,306.27 in investigative costs, for a total of $4,306.27. 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 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of.
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
-5.� Nothing Compares._
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919=707-9129

w
y
Assessment of civil penalty
Clifton G. and Margie Hutchison `
Enforcement # DV-2018-0010
Page 2 of 3
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 Resources 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 Resources will review your evidence and inform you
of their 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 Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 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.

Assessment of civil penalty
Clifton G. and Margie Hutchison
Enforcement # DV-2018-0010
Page 3 of 3
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. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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.
Included in this enforcement package is the requirement to apply for coverage under an NPDES
permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal
Regulations §122.23, 15A NCAC 02T.1303(b) and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency once a facility has a discharge to waters of
the State, the permittee must apply for an NPDES permit (see the attached letter for instructions).
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 Miressa D. Garoma at [phone].
Sincerely,
on aard, Chief
Wat r Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Wmmrz
File # PC-2018-0010 w/ attachments
WQROS Central Files w/ attachments
Wilkes County Health Department

el a
STATE OF NORTH CAROLINA
COUNTY OF WILKES
IN THE MATTER OF
CLIFTON G. HUTCHISON
MARGIE HUTCHISON
FOR VIOLATIONS OF )
NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT QUALITY
DV-2018-0010
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Clifton G. and Margie Hutchison owns and operates Hutchison Dairy, a dairy cattle
operation located along Traphill Road in Wilkes County.
B. Per Wilkes County tax records, Clifton G. and Margie Hutchison own parcels 1903028,
1903529 and 1903637 located along Traphill Road in Wilkes County. Tax records
document that Hutchison Dairy, including the animal waste structure, is located on
property owned by Guy Vernon Hutchison (Parcel ID 1902695). The dairy is managed by
Derek Hutchison (January 18, 2018 letter to DWR).
C. Hutchinson Dairy is deemed permitted as a non -discharge facility in accordance with
Title 15A North Carolina Administrative Code (NCAC) Subchapter 2T Section .1303
(15A NCAC 2T .1303).
D. North Carolina G.S. 143-215.1(a)(1) states that "No person shall do any of the following
things or carry out any of the following activities unless that person has received a permit
from the Commission and has complied with all conditions set forth in the permit: Make
any outlets into waters of the State."
E. On December 6, 2017 DWR staff conducted a site investigation of the above referenced
parcels in response to a complaint alleging the run-off of animal waste from an
application field into surface waters. During the investigation, DWR staff documented
that animal waste from Hutchison Dairy had, and was continuing to discharge, from
parcel 1903529, into an unnamed tributary to East Prong Roaring River. This section of
water is classified as a Class C water within the Yadkin -Pee Dee River Basin.
F. Per onsite discussions with Derek and Clifton Hutchison, and Clifton Hutchison's
January 18, 2018 letter to DWR, there "was rainfall the night of the spill which turned out
to be more than anticipated..." The application of waste, malfunction of the application
equipment and rain, therefore, occurred the day before DWR was made aware of the
unpermitted discharge. The discharge of waste into waters of the State was occurring
when DWR arrived the next day (4:OOpm on December 6, 2017). No efforts to contain,

m Cr
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Clifton G. and Margie Hutchison is hereby assessed a civil penalty of:
$ 3000
$ 300o u
$ 1306.27
$ `{3y6. a-4-
for violation of G.S. 143-215.1(a)(1). by causing the unpermitted
discharge of animal waste into waters of the State.
TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S.§143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to N.C.G.S.§143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Clifton G. and
Margie Hutchison in accordance with N.C.G.S.§143-215.6(A)(d).
-I&b (S
(Date)
Ris , Chief
Wate ality Regional Operations Section
Di sion of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Clifton G. and Mamie Hutchison
County: Wilkes
Case Number: DV-2018-0010
Permit Number: AWD970008
ASSESSMENT FACTORS
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;
High levels offecal coliform (see #3, below) is a public concern and can put anyone in contact with the
water at risk for contamination. The unpermitted discharge of waste into the unnamed tributary to East
Prong Roaring River impacted private land downstream since the tributaryflows through land not owned
by Clifton and Margie Hutchison.
2) The duration and gravity of the violation;
Excessive ponding of cattle waste, hydraulic overloading, steep topography and lack of vegetation along
the.stream contributed to the illegal discharge of waste from the application field. Our investigation
concludes that waste from Hutchison Dairy was spread on December S, 2017. During application, the
tank valve became "stuck" when Clifton Hutchison made a turn in the lower part of the application field
(which was also the area closest to the stream) which caused excessive waste to accumulate within 50feet
of the stream.
Our office also concludes that the field received rain that night (12/5 and/or 12106), causing waste to run-
off and discharge into East Fork Roaring River. Since the discharge was still actively occurring on
December 6, 2017, it is possible that the unpermitted discharge had been occurring for about 12-17
hours. Prior to DWR's arrival, no efforts had been made to control, abate, or lessen the discharge.
3) The effect on ground or surface water quantity or quality or on air quality;
Stream samples taken by WSRO staff indicate high levels of fecal coliform bacteria in the water. The
upstream result was 2,200 col1100mL. This could be attributed to surrounding cattle activity. The
discharge location measured 8,600 co11100mL whereas the downstream was 40, 000 co11100mL. While the
upstream result was higher than the water quality standard of 200 col/mL, it's clear that the discharge,
and possibly the stock trail run off, had/is having an impact on surface water.
WSRO staff also documented at least four inches of sediment and waste in the stream below the
discharge. Additionally, there was a strong animal waste odor downstream of the discharge. There is no
expected impact on water quantity due to the unpermitted discharge.
4) The cost of rectifying the damage;
At DWR's request, the manure was incorporated into the soil by the Hutchison's on the date of our
investigation and then.a heavy layer of wheat straw placed over the disturbed soil/waste. If wheat straw
would have been purchased it would have cost about $113. The scraping and
incorporation of soil and waste was performed by the farm owner/staff so only the cost offuel should be
considered. Clifton Hutchison states in his response letter that the valve "stuck" and "was a minor fix, "
so there was probably little to no cost involved in repair.
5) The amount of money saved by noncompliance;
There does not appear to be any actual money saved by applying waste too close to the stream, or when
rain is forecast. No money was saved by not abating the discharge since the owner had access to
equipment, soil, straw, etc. to help mitigate the unpermitted discharge.
6) Whether the violation was committed willfully or intentionally;
rev 1.0 - 8.31.09

The regional office does not believe the valve malfunction, and subsequent spill and accumulation of
waste, to be intentional. However, failing to prevent or lessen the discharge using an earthen berm, soil
incorporation, scraper blade, straw, etc. is willful and negligent. Prior to our investigation and requests,
the violator made no attempt to abate the discharge.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
1997 — Evidence of past discharge (DWR Complaint. Inspection).
1997 — Notice of Violation (NOV) for Failure to designate Operator in Charge (OIC).
1999 — NOV for inadequate waste pond storage and excessive vegetation on dam.
2000 — NOV for overflow of animal waste from the waste pond.
2000 — Memo to Kerr T. Stevens from Winston-Salem Regional Office recommending an
individual permit for Hutchison Dairy. A follow-up by WSRO in March and August 2000 failed
to result in the issuance of the requested permit.
2002 — NOV for animal waste in stream due to excessive cattle activity in and around surface
waters, high waste level in storage pond, application fields reporting copper indices of 3, 000 or
greater, and no waste application records. NOV had to be served by the sheriff's office.
2004 — Per DWR Routine Inspection, there was evidence of 4-6 inches of sediment and waste in
UT to East Prong Roaring River at upstream end of culvert (site of current 2017 discharge
enforcement). rccordetl Since 200`( - q.'� v1a'ik-1 &4 LeT��e0 l.. yt.w�'�'y
�/p viva onS ( i /
'�,,♦ <��-1 �aau� ova GOy�(aJ. h Sd ei�i�/ �i ndf 2ce2,.�-s� fcv i(wr 1^src�1
8) The cost to the State of thf enforcement procedures. J 5
$1,306.27
Z 11�n
Date Poisgaard
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF WILKES
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CLIFTON HUTCHISON
MARGIE HUTCHISON
PERMIT NO. AWD970008
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2018-0010
Having been assessed civil penalties totaling $4,306.27 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, February 28, 2018, the
undersigned, desiring to seek remission of the civil penalty, 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
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2018

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: DV-2018-0010 County: Wilkes
Assessed Party: Clifton G. and Margie Hutchison
Permit No.: AWD970008 Amount assessed: $4,306.27
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver ofRight 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 determining 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted 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 NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or 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;
(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:
\Rem. req.

Water Resources
Environmental Quality
February 28, 2018
Clifton Hutchison
Margie Hutchison
Hutchison Dairy
6501 Traphill Road
Traphill, NC 28685
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: National Pollutant Discharge Elimination
System (NPDES) Permit Requirement
Facility Number: AWD970008
Dear Mr. Hutchison:
According to our records, your facility was assessed for a discharge of wastewater to the waters
of the state that occurred on December 6, 2017. As a result, according to the 40 Code of Federal
Regulations §122.23, North Carolina General Statutes §143-215.1, 15A NCAC 02T.1303(b), and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency, you are required to apply for coverage under an NPDES permit.
Within 90 days of receipt of this letter, complete and return the attached form, "NPDES
General Permit Application- Existing Animal Waste Operations." Please carefully follow
the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a
General Permit, please contact us and we will forward you that application. Two copies of your
complete Certified Animal Waste Management Plan are required with the permit
application. Please refer to the checklist on page two of the application to be sure that all
necessary documents are submitted with the application.
A copy of the NPDES General Permit may be downloaded at our website:
http://dgg.nc.Rov/about/divisions/water-resources/water-quality-re 'onal-operations/afo
If it is your opinion that your facility should not be required coverage under an NPDES permit,
please provide written justification (such as change in ownership and management) so that the
Division can make appropriate determination to your situation.
Continued...
< -"Nothing Compares: -
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Failure to submit the documentation as required may subject your facility to a civil penalty and
other enforcement actions for each day the facility is operated following the due date.
If you have any questions about the NPDES permit or the enclosed application, please feel free
to contact the Animal Feeding Operations Program staff at [phone].
Sincerely,
XJonis ed, Chief
Water Quality Regional Operations Section
Division of Water Resources
CC: Winston-Salem Regional Office, Water Quality Regional Operations Section
Wilkes County Soil and Water Conservation District
Facility File (AWD970008)

Water Resources
Environmental Quality
February 28, 2018
CERTIFIED MAIL - #7016 2140 0000 0562 3922
RETURNRECEIPT REQUESTED
Clifton Hutchison
Margie Hutchison
Hutchison Dairy
6501 Traphill Road
Traphill, NC 28685
Dear Mr. Hutchison:
ROY COOPER
Goveivor
MICHAEL S. REGAN
5ecivart
L1NDA CULPEPPER
Interim Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 97-0008
Wilkes County
Enforcement File No. DV-2018-0010
This letter transmits notice of a civil penalty assessed against Clifton G. and Margie Hutchison in the
amount of $3,000.00, and $1,306.27 in investigative costs, for a total of $4,306.27. 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 r
Department of Environment 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:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of: ,
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
''Nothing Compares`"
State of North Carolina I Environmental Quality j Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Assessment of civil penalty
Clifton G. and Margie Hutchison
Enforcement # DV-2018-0010
Page 3 of 3
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. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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.
Included in this enforcement package is the requirement to apply for coverage under an NPDES
permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal
Regulations §122.23, 15A NCAC 02T.1303(b) and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency once a facility has a discharge to waters of
the State, the permittee must apply for an NPDES permit (see the attached letter for instructions).
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 Miressa D. Garoma at [phone].
Sincerely,
6onR*oaard, Chief
uality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Winston-Salem WQROS Regional Supervisor w/ attachments
File # PC-2018-0010 w/ attachments
WQROS Central Files w/ attachments
Wilkes County Health Department

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:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount Remitted)
Linda Culpepper Date
rev 1.0 — 8.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: DV-2018-0010 County: Wilkes
Assessed Party: Clifton G. and Margie Hutchison
Permit No.: AWD970008 Amount assessed: $4,306.27
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of ftht 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 determining 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted 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 NCGS 143 B282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment./actors are
included in the attached penalty matrix andlor 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 foi);
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 yotc
from performing the activities necessary to achieve compliance).
EXPLANATION•
\Rem. req.

Water Resources
Environmental Quality
February 28, 2018
Clifton Hutchison
Margie Hutchison
Hutchison Dairy
6501 TraphiIl Road
Traphill, NC 28685
ROY COOPER
Governor
MICHAEL S. REGAN
Secrerarl.,
LINDA CULPEPPER
Interior Director
Subject: National Pollutant Discharge Elimination
System (NPDES) Permit Requirement
Facility Number: AWD970008
Dear Mr. Hutchison:
According to our records, your facility was assessed for a discharge of wastewater to the waters
of the state that occurred on December 6, 2017. As a result, according to the 40 Code of Federal
Regulations §122.23, North Carolina General Statutes §143-215.1, 15A NCAC 02T.I303(b), and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency, you are required to apply for coverage under an NPDES permit.
Within 90 days of receipt of this letter, complete and return the attached form, "NPDES
General Permit Application— Existing Animal Waste Operations." Please carefully follow
'the instructions on the form. If you wish to apply for an Individual NPDES Permit instead of a
General Permit, please contact us and we will forward you that application. Two copies of your
complete Certified Animal Waste Management Plan are required with the permit
application. Please refer to the checklist on page two of the application to be sure that all
necessary documents are submitted with the application.
A copy of the NPDES General Permit may be downloaded at our website:
littp.//deq.nc.aov/about/divisions/water-resourceshvatei--quality-regional-ot)eratioiis/afo
If it is your opinion that your facility should not be required coverage under an NPDES permit,
please provide written justification (such as change in ownership and management) so that the
Division can make appropriate determination to your situation.
Continued...
Nothing Compares' -
State of North Carolina I Environmental Quality I Division or water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699.1636
919-707-9129