840018_Regional Office Historical File Pre 2018

Site Require. Immediate Attention:
Facility No.: 84-18
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE:October 3, 1995
Time].2:20 PM
Farm Name/Owner: James T. Mabry
Mailing Address: 48.189 NC Hwy 731, Norwood, North Carolina 28128-0943
County: Stanly Integrator: Phone:
On Site Representative: Jimmy Mabry
Phone: [phone]
Physical Address/Location:. Located at the junction of NC 731 and Fork Road
Type of Operation: Swine_ Poultry_ Cattle X Design Capacity: Unknown
Number of Animals on Site: 125
Latitude: 35° 12' 20" Longitude: 80° 05''45"
Elevation:. N/A Feet
Circle Yes or No,
Does the Animal Waste Lagoon have sufficient ,freeboard of 1 Foot + 25 year 24 hour storm
event? (approximately 1 Foot + 7.inches)'
---••- Yes•-ar N Actual Freeboard: 0 Ft 0 Inches
Was any seepage observed- from the lagoon(s)? Yes ore
Was any erosion observed? Yes or No
Is adequate land available for spray?
or No . Is the cover'crop adequate?
or No
Crop(s) being utilized: .Soybeans, corn, and barley
Does the facility meet SCS minimum setback criteria? .200 Feet from Dwellings? .Yes or No
100 Feet from Wells? es or No
Is the animal waste stockpiled within 100 Feet of:_USGS Blue Line Stream? Yes or
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line?
Yes or No
Is animal waste discharged into waters of thestate by,man-made ditch, flushing system, or:
other similar man-made devices? Yes or(N) If .Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land
applied, spray irrigated on specific acreage with cover crop)? Yes or No*
Additional. Comments: *Waste Management Records will be developed by the Stanly County Soil
and Water Conservation Service. Mr. Mabry was -verbally advised that the waste lagoon, be
pumped immediately to avoid any overflow.
Inspector Name: Gong-Tseh.Chen
cc: Facility Assessment Unit
Signature:

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman
December 5, 1996
Jimmy Mabry
Jimmy Mabry Farm
48189 NC 731 Hwy.
Norwood NC 28001
Dear Mr. Mabry:
LDEEI-INJF
Subject: Operator In Charge Designation
Facility: Jimmy Mabry Farm
Facility ID #: 84-18
Stanly County
N.C. DEpT.
NAT N�' ENT, Hr.\L'PT,
NATURAL, ,2rSC;uZCt;g
DEc
DIVISION OF On/Wan-NW IJA11AGE1`,3EIIT
I9DiiRESWI1LE REGIONAL OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more' horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 919/733-0026.
Enclosures
cc: Mooresville Regional Office
Water Quality Files
Water,PollutionControl. System
Operators Certification Commission
P.O. Box 29535 Raleigh, NC 27626-0535
Sincerely,
Z/N .71-.Ef-
FOR Steve W. Tedder
Kediice.ge+ 5e)ge sole „
Voice 919-733-0026, FAX [phone]
An Equal Opportunity/Affirmative Action Employer
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State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jimmy Mabry
Rt. 3 Box "116
Norwood, NC 28128
Dear Mr. Mabry:
SPA:
DEEHNJR
DIVISION OF WATER QUALITY
August 19, 1997
Subject: Removal from State Registry
Mabry Farm, Facility #: 84-18
Stanly County, NC
Your facility is currently on the state register for animal facilities. Those facilities on the
register are required to have a designated certified operator as of January 1, 1997 and a certified farm
plan by December 31, 1997. The facilities are also subject to two operational reviews/ inspections per
year.
The Division of Water Quality has confirmed that your dairy is no longer in operation and
should be removed from the state register. However, to remove the facility from the register we must
have a request from you. With that in mind, enclosed is a form foryou to complete -and forward to
Raleigh. The address is on the form. Please send it to the attention, of Sue Homewood at your earliest
convenience.
Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per
day per violation as well as criminal penalties for violations of state environmental laws and
regulations. If you have any questions concerning this matter, please do not hesitate to contact Mr.
Alan Johnson or me at [phone].
Enclosure
cc: Stanly SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
Reduce RP,.,.• Recycle -
FAX [phone]
An Equal Opportunity/Affirrnative Action Employer
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OPERATIONS BRANCH - WQ Fax:[phone] Apr 21 '97 14:13 P.02/02
REQUEST FOR REMOVAL OF REGISTRATION
The following farm does not meet the 2H .0200 registration requirements. Please inactivate this
facility on the registration database.
Facility Number.
T
Farm rid ~t cfiame:
Owner:
County:
This Operation is:
pasture only (no confinement)
dry litter poultry operation
out of businessino nimals on site
closed out per NRCS standards
e (Ite-the--fartsaold-.Ei:.ss—chair0nnne,,_75-horses,_1000-i'reeo or
•
Comments:
30,000-poultry with a liquid animal waste management srtcai)
7 arr.: f ii1y iWare that should the number of 'ir.!tnais in•`ese beyond the threshold limit or the
operation mee S tlic 2E..0200 re gistratio requirements for c:iy reason, I will be required to
nosy and re -register with the Division of Water Quality.
Signature:
Please return completed form to: DEHVR DWQ
Watc Quality Sec:ioa
Compliance Group
P.O. Box 29535
Raleigh, NC 27626-0535
Date:
RR-4/97

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jimmy Mabry
Rt. #, Box 116
Norwood, NC 28128
Dear Mr. Mabry:
l
ATI7TA
DEE HNF
DIVISION OF WATER QUALITY
August 25, 1997
Subject: Notice of Violation
Designation of Operator in Charge
Mabry Farm, Facility #: 84-18
Stanly County, NC
This Notice of Violation (NOV) is being issued for your failure to designate a certified
Operator in Charge for your facility. This is the third notification and second NOV. You were
notified on December 5, 1996 that you were required to designate a certified animal waste
management system operator as Operator in Charge for your facility by January 1, 1997. Because an
operator had not been designated for: your facility, on April 3, 1997 an NOV was issued and you
were again asked to designate an Operator in Charge.
For your convenience, enclosed is a form for you to complete and return designating an
Operator in Charge. Please send it to the address located at the bottom of the form.
The failure to designate an.Operator in Charge is a violation of NCGS 90A-47.2. and you
can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free
to contact Mr. Alan Johnson or me at [phone].
enc.
cc: Stanly SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street,.
Mooresville, North Carolina 28115
Voice 704-663-1699
Sincerely,
Barbara Christian
Acting Regional Supervisor
FAX. [phone]
An Equal Opportunity/Affirmative Action Employer
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Reduce Reuse Recycle

State of North Carolina
Department of Environment,
Aids,
Mooresville Regional Office
Health and Natural Resources
James B. Hunt, Jr., Governor p E H N R
• Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
September 15, 1997
Jimmy Mabry
Rt. #, Box 116
Norwood, NC 28128
Subject: Certification/Notice of Violations
Mabry Farm; Facility #: 84-18
Stanly County, NC
Dear Mr. Mabry:
The deadline for the certified waste management plan to be implemented is December 31, 1997,
and there will be no extension of the deadline. With this in mind, this letter will touch on some of the
general components and issues that are of concern during an inspection.
As a certified, or soon to be certified, farm your files at a minimum must contain the following
information, and need to be available for review during the inspection:
Certification forms
Site diagram - showing fencing, streams, buffer zones
Waste application records/forms
Maps of acreage and irrigated fields
Waste utilization plan
Waste and soil analysis records
Emergency action plan and mortality & odor control checklist
Regarding waste application records, all information should be recorded. This includes (but is
not limited to) the field used, total minutes waste was applied (if required), the amount of waste irrigated/
hauled, the amount of nitrogen applied and the crop nitrogen balance. The crops and fields that are being
utilized for waste application must be specified in the certified waste management plan. For those
facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does
not allow you the flexibility you need, contact a technical specialist to have the farm plan modified.
For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9
inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the
storage pond/lagoon. If there is an emergency spillway/pipe, then the level must be maintained to
compensate for a 25 yr/24 hr storm. A pumping marker must also be installed. This may be a pipe or
other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified.
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
N*C
FAX [phone]
An Equal Opportunity/Affirmative Action Employer
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Page 2
The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may
be issued for the following instances, among others:
a) inadequate freeboard,
b) inadequate land for waste application,
c) application on an unapproved crop/acreage,
d) discharge of waste from lagoon/facility,
e) excessive vegetation on the sideslopes of a lagoon/pond, or
f) other minor deficiencies.
Examples of a deficiency would be the waste or soil analysis forms not being up to date or the
application records not being filled out properly.
Please note, failure to submit the certification form by December 31, 1997, does not exclude you
from the responsibility of maintaining your storage pond/lagoon levels and waste application records.
Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per
day per violation as well as criminal penalties for violations of state environmental laws and regulations.
If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me
at [phone].
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc: Stanly SWCD
Facility Assessment Unit
Regional Coordinator
AJ

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., .P.E., Director
Jimmy Mabry
Jimmy Mabry Farm
4013 Shankle Rd
Norwood NC 28128
October.24, 1997
ENVIRONMENT. ld£
FP NATURAL RESOURCES
OCT 29 1997
01VIS1O11 OF ERV1RU?i tll?Till & EUT
lyi1LE liEE:S`AL OFFICE
Subject: Removal of Registration
Facility Number 84-18
Stanly County
Dear Jimmy Mabry:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1.000
Poultry with a liquid waste system 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
Sincerely,
A. Preston Howard, Jr., P.E.
cc:. Mooresville Water Quality Regional Office
Stanly Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary •
Jimmy Mabry
Rt. #, Box 116
Norwood, NC 28128
Dear Mr. Mabry:
- d �
D EE NJ F
DIVISION OF WATER QUALITY
January 5, 1998
Subject: Operator -in -Charge Certification
NCGS 90A-47.2
Mabry Farm, Facility #: 84-18
Stanly County, NC
As of January 1, 1998 all facilities must have ,a certified Operator -In -Charge. A review of
the database does not .show this to be the case for your facility. Failure to have a Certified Operator -
in -Charge is a. violation of NCGS 90A-47.2.
If you or the designated operator for the facility have not taken and passed the required exam,
an interim certified operator should be obtained. If you have already taken the exam, you may want
to contact Ms. Cindy Dudley of the Water Pollution Control System Operators Certification
Commision (WPCSOCC) at 919-733-0026.
If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan
Johnson or me at [phone].
Sincerely,
D. Rex Gleason, P. E. -
Water Quality Regional Supervisor
cc: Stanly SWCD
Regional Coordinator
919 North Main Street,
Mooresville, Norh Carolina 28115
Voice 704-663-1699
v7te4 C FAX [phone]
An Equal Opportunity/Affirmative Action Employer
-- PPrztutrri 50% recycled/10% post -consumer paper