820423_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quai

q - V-1
A
�
A'_ _l Saar
NCDENK
North Carolina Department of Environment and Natural Resources /
Division of Water Quality + /
Beverly Eaves Perdue Co€een H. Sullins Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
July 22, 2010
CERTIFIED MAIL
RETURN RECELPT REQUESTED
Zack McCullen
1058 Wynn Rd.
Clinton NC 28328
Subject: NOTICE OF_DEFICIENCV / NOD -2010 -PC -0868
McCullen Farms 5&6
AWS820423
Sampson County
Incident No. 201000779
Dear Mr. McCullan:
On February 8. 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Zack McCullan of a high freeboard level in the lagoon 1. We wish to thank Mr-
McCullan for notifying DWQ of this incident.
As a result of this incident, you are hereby notified that. having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified
Animal Waste Management Plan in accordance.with Condition V_ 2. of Swine Waste System General
Permit No. AWG 100000.
On February 8, 2010 a lagoon/storage pond level was documented at 18.00 inches in lagoon 1. A level
of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
225 Green St., Ste, 714 Phone: [phone]
Fayetteville, NC 28301 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% RecycledIM Post Consumer Paper
NorthCarohna
Naturally

Mr. McCullan
July 22, 2010
Page 2
Required Corrective Action for Deficiency l:
DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence.
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
A compliance inspection was done 07/19/2010 and all records were reviewed and the date and time
lagoon was returned to compliance on 03/28/2010.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick, CAFO Unit
Sampson Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Prestage Farms

Ln
C�
ru
CU P-Sugs $
Cenifled Fee Postmark
Here
P
'--tm
Hefr
7- 22_10
�7
Postage
C3 Return
, Fee
Rec�ejpl Fee
C3 (EnAG=rSaff—Wnt Required}
'v
d� �r
C3 e 7-22-10
Fee
G3 Ft&5victed DeWeFY 7
W�
(Enoorsdhnent Requirem
C3 a. '
r-1 Tout PO~ & Fe" $
Ln
ru Sent To 4 ------
Mt"------------------------------ ----
ED or PO SOK NOW- -'xr Jeym—'O ------------------------- ------------
C) - -
ff Complete items 1, 2, and 3. Also complete
item 4 if Restzicted Delivery is desired -
10 Print your name and address an the reverse
so that we can return the card to you.
M Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
ZACK MCCULLEN
1058 NVYNN RR
CLINTON, NC 28328
0 / Agent
e, K
B, Received by (Printed Aim*) =Dateo'lDelivery
D. Is delivery address different
Yes
If YES, enter deliveryadd W: :
-JLM
r
Z -54.
3. service Type
0 Certified Mall 13 &press Mail
0 Registered 0 Return Receipt for Merchandise
El ftured Mail 0 C.O.D.
4- Restricted Delivery/{ (Extra Fee) 0 yes
2.
?001 2510 0000 6682 7805
PS Form 3811, February 2004 Domestic Return Recaipt 102595-02-M-1540

Michael F. Easley, Governor
`O (� William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Q Division of Water Quality
August 22, 2003
Zack McCullen
1007 Lloyd Street
Clinton, NC 28328
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
McCullen Farms S & 6
82-423
Sampson County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Off -ice
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range,
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
M
&C7EN
Customer Service: Mailing Address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury 5t.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled 110% post -consumer paper
http:lfi2o.enr.state,nc,us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
S' er I
i
aul E. Ra vls
Water Quality Regional Supervisor
cc: FRO File: 82-423
Non -Discharge Compliance and Enforcement Unit
Central Files

�0> WArFR� Michael F. Easley, Governor
William G. Ross Jr., Secretary
c q North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
p Y Division of Water Quality
August 22, 2003
Zack McCullen
1007 Lloyd Street
Clinton, NC 28328
Subject: Rescission. of Notice of Violation /
Issuance of Notice of Deficiency
McCullen Farms 5 & 6
82-423
Sampson County
Dear Sir or Madam:
Thank you for your recent submittal of the information requested in our letter dated April 16,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 16, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
NCDENR
Customer Service: Mailing address: Telephone: [phone] Location:
1 800 623-7748 1617 Mail Service Center Fax: [phone] N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled 110% post -consumer paper
http:llh2o.enr. state. nc.us

Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-485-1541.
S' er 1
aul E. Ra is
Water Quality Regional Supervisor
cc: FRO File: 82-423
Non -Discharge Compliance and Enforcement Unit
Central Files

April 29, 2003
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
'N; I
MAY - 5 2003 1'
E
RE: Response to Notice of Violation for Facility # 82-423: Zack McCullen, Jr.
(McCullen Farms 5 & 6)
Dear Sir or Madam:
As per your request in a letter dated 4-16-03, I am forwarding the following information:
1. Current Freeboard level(s)
2. Freeboard level records in the lagoon(s) for 2002 and the first four months of 2003
3. Spraying records for the 12 months of 2002 and the first four months of 2003
4. Rainfall records for the 12 months of 2002 and the first four months of 2003 supplied
by the local Horticlture Crop Research Station
5. Cropping system and PAN specified in the CAWMP
The current lagoon level is at 20 inches as of 4-18-03.
I have purchased an additional pump and reel which will be used at this site as well as an
additional site. I was able to lower my lagoon level whenever the fields dried so that 1
could adequately apply without causing runoff or damage to the environment.
Please feel free to contact me at 910-592-3321 should you need additional information.
ASincerely �e�j//
Zac McCullen, Jr.

0
�0F WA
aut"I
Michael F. Easley
Governor
William G_ Ross Jr., Secretary
Department of Environment and Natural Resources
'C Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Zack McCullen
1007 Lloyd St
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
McCullen Farms 5&6
#82-423
Sampson County
Dear Sir or Madam:
2003
On March 21, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on March 16, 2000. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit- The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Ailirmative Action Employer
50% recycled/ t 05o post -consumer paper
h ttpY1Wo. en r, sta te. nc. us
4Mh.
K DENR-
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received, by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
Sincerely,
00,
/Director
W. Klimek, P .E.
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files

t
it �r
4AMI"9,8 HUNT JR ­. .K
_6 OvizwjoR
IPILL HOLMAN
;:SECRETARY
•.KERR T.�STEVE?iS»
LIIRECTOii. "r ei�yv
'py r L
�R
1
t ;
-s 'wts p
.x' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsoURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DFVISION OF WATER QUALITY
Zack McCullen, Jr.
1007 Lloyd Street
Clinton, NC 28328
SUBJECT:
Dear Mr. McCullen:
May 5, 2000
Request for NOV Rescission
Permit No. AWS 820423
Zack McCullen Farms 5&6
Facility N. 82 - 423
Sampson County
A site visit was made to the subject facility on April 12, 2000 to discuss
the incident from March 9th in detail with an on-site representative. On April 17,
2000, staff from the Division of Water Quality at the Fayetteville Regional Office
received a response from you in regards to the Notice of Violation that was issued
to your facility. The information you submitted was reviewed to determine if a
rescission of the Notice of Violation was in order.
First of all, wastewater was identified in two different culverts outside of
the waste application fields. This is clearly a violation of the General Permit and
the Certified Animal Waste Management Plan, regardless of whether it came from
the irrigation gun or the aboveground aluminum irrigation pipe. For future
reference, if you plan to continue to use the aluminum pipe for irrigation, it is
recommended that the pipe be located or arranged in a manner to prevent runoff
of wastewater from the application fields. Although some of the standing water
within the spray field did not appear to be wastewater, certain areas contained
ponded waste as indicated by samples taken at the facility. It was also determined
that the spray field did not contain an adequate crop. As indicated in your letter
and the observations made on April 12 by staff from our office, it appears that the
work performed within the field should allow for the establishment of a suitable
crop for waste application. However, the field conditions were not adequate at the
time the inspection was conducted.
225 GREEN STREET, SUITE 714 1 SYSTEL EILO. FAYETTEVILLE, NORTH CAROLINA 29301-5043
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY ! AFFIRMATIVE ACTION EMPLOYER - 5O% RECYCLE0110% POST -CONSUMER PAPER

Page 2
Zack McCullen Farms 5&6
May 3, 2000
After a review of the information submitted, this office has determined that the Notice of
Violation was appropriate for the observations made by staff from our office on March 9, 2000. If
you have any questions regarding this letter, please do not hesitate to contact Mr. Jeffery Brown,
Environmental Engineer or myself at (910) 486-I541.
Si 7ERawls aul
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Trent Allen- DSWC Fayetteville Office
Central Files - Raleigh
Wilson Spencer - Sampson Co. NRCS
Glenn Clifton - Prestage Farms

M.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 22, 2000
i21 s
:a !Wimp
Zack McCullen
1007 Lloyd Street
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820423
Zack McCullen Farms 5&6
Facility No. 82 - 423
Sampson County
Dear Mr. McCullen:
You are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H.0217 Permit.
On March 8, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality performed a routine fly -over of your swine facility located in
Sampson County. During this fly -over, it was observed that wastewater appeared
to be ponded in portions of the back spray field. After the fly -over, a site visit was
made to the facility and wastewater was observed ponded in portions of the spray
field. Mr. McCullen, facility owner, arrived and was informed of the observations
made_ Another site visit was made on March 9, 2000 to perform a more detailed
inspection of the spray fields. Wastewater was observed in two culverts underneath
the farm path, and there was evidence to indicate that wastewater had left the
culvert and Bowed toward the stream (less than 50 feet from farm path). General
Permit condition 1I.4 states that "Land application rates shall be in accordance with
the CAWMP. In no case shall land application rates exceed the Plant Available
Nitrogen rate for the receiving crop or result in runoff during any given
application.". It was also determined that portions of the back spray field did not
contain an adequate crop for waste application.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / SYSTEL BLn. FAYETTEVILLE• NORTH CAROLINA 2 830 1-504 3
PHONE [phone] FAX 910 -4a6 -C)707
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEW109e` POST-CONSVMER PAPER
..
i •
4•
:i':�`."ate.. _
♦��..+i .:s.�
M.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
March 22, 2000
i21 s
:a !Wimp
Zack McCullen
1007 Lloyd Street
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820423
Zack McCullen Farms 5&6
Facility No. 82 - 423
Sampson County
Dear Mr. McCullen:
You are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H.0217 Permit.
On March 8, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality performed a routine fly -over of your swine facility located in
Sampson County. During this fly -over, it was observed that wastewater appeared
to be ponded in portions of the back spray field. After the fly -over, a site visit was
made to the facility and wastewater was observed ponded in portions of the spray
field. Mr. McCullen, facility owner, arrived and was informed of the observations
made_ Another site visit was made on March 9, 2000 to perform a more detailed
inspection of the spray fields. Wastewater was observed in two culverts underneath
the farm path, and there was evidence to indicate that wastewater had left the
culvert and Bowed toward the stream (less than 50 feet from farm path). General
Permit condition 1I.4 states that "Land application rates shall be in accordance with
the CAWMP. In no case shall land application rates exceed the Plant Available
Nitrogen rate for the receiving crop or result in runoff during any given
application.". It was also determined that portions of the back spray field did not
contain an adequate crop for waste application.
The Division of Water Quality requests that the following items be addressed:
1. Provide a detailed explanation as to why the runoff from the application field
occurred.
225 GREEN STREET, SUITE 714 / SYSTEL BLn. FAYETTEVILLE• NORTH CAROLINA 2 830 1-504 3
PHONE [phone] FAX 910 -4a6 -C)707
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEW109e` POST-CONSVMER PAPER

Page 2
McCullen Farms 5&6
March 22, 2000
2. Perform a more detailed and thorough inspection of the irrigation system along with spray field
conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff
of wastewater.
3. Contact a technical specialist in order to address the low areas in the back spray field and
establish a suitable crop in these areas so that they can be utilized for waste application on a more
routine basis.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
Please notify this office in writing on or before April 14, 2000 at the letterhead as to the
actions taken or proposed to be taken to resolve these violations.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Jeffery Brown, Environmental Engineer or myself at [phone].
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Glenn Clifton - Prestage Farms

Zack McCullen, Jr.
1007 Lloyd Street
Clinton, NC 28328
April 14, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Paul E. Rawls
Regional Water Quality Supervisor
NC Department of Environment
And Natural Resources
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Systel Building
Fayetteville, NC 28301-5043
Dear Mr. Rawls:
RECEIVED
aaq ,,?000
REG��FE_
As you requested, I am submitting a written response to the issues you directed me to address in
your letter to me dated March 22, 2000.
There are a number of facts, which 1 believe should be clearly stated before I specifically address
the items you outlined in your letter.
• First, -effluent was last applied on the spray field in question (the "back spray field') in
early September of 1999.
• Second, at no time have we exceeded the receiving crop application rate for plant
available nitrogen. My farm records verify this and the previous fact.
• Third, run-off has not occurredfrom this spray field (or any other spray field on this
farm).
• Fourth, cattle have grazed on this particular field, both prior to and following the last
irrigation event.
In addition, I wish to address the condition of this particular spray field. There are a number of
low areas in this back spray field where water has ponded from the extreme weather events that
we have experienced since September of 1999. The excessive rains from the three fall storms,
other rains through the winter, two snowfall events, and the extremely cold conditions in January
of 2000 have not allowed this field to dry out adequately. As a result of these ongoing weather
extremes, water has accumulated on certain portions of the field and crop damage has occurred.
Please understand that I agree that portions of this back spray field do not currently contain
adequate crop coverage and until corrected, I have not and will not utilize this field in my
irrigation events.

With regard to the charge that run-off occurred from application on this spray field, I strongly
disagree with that assumption. As to why wastewater was observed in two culverts, my only
logical explanation is the use of the aboveground aluminum pipe for irrigation on this farm. As
you know, an3qime aboveground aluminum pipe is used for irrigation, there will be slight drain -
back through the pipes when pumping is stopped. But, I do not believe this would result in any
environmental damage.
You also requested that I "perform a more detailed and thorough inspection of the irrigation
system along with spray field conditions on a regular basis, before and during an irrigation event,
to prevent ponding and runoff of wastewater." I can assure you that I have been very cautious
and careful in the past to prevent both ponding and runoff. My intent has always been to operate
my farms in a manner so there would be no damage to the environment. Receiving a citation
such as this NOV has caused me a great deal of concern that I may be viewed differently. I can
assure you, I will continue to monitor field, weather, and system conditions so that my farm
practices will be in compliance with best management practices and -other rules and regulations.
Lastly, you directed me to address the low areas and the crops in the back spray field. I have
already been in contact with a technical specialist and worked to correct this situation (I would
note that weather conditions did not allow me to do this earlier). After consultation with a
technical specialist, I cut three drain ditches through the hack and front field to remove any
standing water problem in the future. I have also filled in low spots in the spray field and
completely cut up the fescue. I should have a land plain in to level the entire field within the
next week. A technical specialist will adjust/rewrite my CAWMP to incorporate a millet/rye
rotation, and the field will be recultivated at least two times per year. Again, had weather
permitted, some of these actions would have already occurred.
In your letter, you suggested that I contact your environmental engineer, Jeffery Brown (or you),
if I had any questions. Because I did not agree that runoff had occurred on this farm and because
I did not believe that any conditions on my farm warranted a "notice of violation", I did ask my
son to contact your office and request a visit to the site by Mr. Brown. He was very cooperative
and agreed to visit the farm with my son on April 12 to discuss this situation and see some of the
work that has taken place to date. In his conversation during the visit, Mr. Brown acknowledged
that he did not believe that runoff had occurred from this spray field and that we had responded
positively to correct any concerns there may have been about the condition of this spray field or
the operation of this farm. I believe there were some deficiencies on this farm, but I do not
believe any environmental violations occurred. As a result, I respectfully request that you review
the information in this letter and the observations from Mr. Brown's subsequent farm visit, and
reconsider your issuance of a "notice of violation" for this farm.
Please do not hesitate to contact me if you need more information, wish to visit the farm,
examine my farm records, or review the technical specialist's recommendations. Thank you for
your consideration, and I look forward to hearing from you.
Sincerely,
Zack McCullen, Jr.

iAt

`Tim-i.hcti � .. ,
�;e— .. w
ti�
�_ . _+Y r
�� _}.. �
'!-•
ry.. ��t�

� 4
j,
carr

�
r._
-_� +.,;�. _ilk, s� _
k_
_
�-
. _.i. gyp_
][/�/\ _
/ � - ���

!-rr„r f. X - � -. �y� x
_ yX,' ';r � s;
.: r.+s
� � � y#�" � . �� - . �..� � �,+Y!++t'w . mar

4 r -.:-
i
-k:-

05k � r
Y
�:-
r"�'
OW

•-A. I
+r I
4IL-1
OPP"
v
k
•-A. I
+r I

ix �
�� � i
..�a. �_