450024_DV-2022-0018 CPA F&D_20220223

DocuSign Envelope ID: DFCD5232-7039-41 F9-A0E9-0A48BE128EB8
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HENDERSON
IN THE MATTER OF:
B & B BEEF FARMS, LLC
FOR VIOLATIONS OF:
NORTH CAROLINA
15A NCAC 02B .0211
FILE NO. DV-2022-0018
FINDINGS AND DECISIONS
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, I, Jeff Poupart, Chief of the Water Quality Permitting
Section of the Division of Water Resources (DWR), make the following:
I. FINDINGS OF FACT:
A. B & B Beef Farms, LLC owns and operates B & B Beef Farm, and a Parcel Identification Number
(PIN) 9621-75-1804, located on South Mills River Road in Henderson County, North Carolina.
B. B & B Beef Farm was deemed permitted as a non -discharge facility in accordance with Title 15A
North Carolina Administrative Code (hereby known as NCAC) Subchapter 2H Section .0217 (15A
NCAC 2H .0217).
C. North Carolina G.S. 143-215.1(a) 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: (1) Make any outlets into waters of the State.
(6) cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed
with the waters of the State in violation of the water quality standards applicable to the assigned
classifications or in violation of any effluent standards or limitations established for any point source,
unless allowed as a condition of any permit, special order or other appropriate instrument issued or
entered into by the Commission under the provisions of this Article."
D. On November 9, 2021, DWR staff received a complaint alleging a sewage smell and the presence of
waste in an unnamed tributary of the South Fork Mills River (Classified WS-II Trout Tr), High
Quality Water (HQW) of the State within the French Broad River Basin. On November 15, 2021,
staff of the DWR investigated the un-named tributary to South Fork Mills River, (6-54-3 (17.5), a
classified WS-II, Tr, HQW) water of the State including property PIN #9621-75-1804. A discharge
of animal waste was observed from the referenced property to the un-named tributary to the South
Fork Mills River (Classified WS-II, Tr, HQW).
E. On November 30, 2021, The Division issued a Notice of Continuing Violation and Recommendation
for Enforcement to B & B Beef Farms, LLC.
F. The NOV and Notice of Intent to Enforce (NOI) was sent by certified mail, return receipt requested
and received on December 2, 2021. B & B Beef Farms, LLC provided a written response to the
NOV/NOI dated December 22, 2021.
G. North Carolina 15A NCAC 02B .0211 (7) state that "Fecal coliform in Class C Waters shall not
exceed a geometric mean of 200/100m1(NIF count) based upon at least five samples taken over a 30-
day period, nor exceed 400/100m1 in more than 20 percent of the samples examined during such
period. Violations of this Item are expected during rainfall events and may be caused by

DocuSign Envelope ID: DFCD5232-7039-41 F9-A0E9-0A48BE128EB8
uncontrollable nonpoint source pollution. All coliform concentrations shall be analyzed using the
membrane filter technique. If high turbidity or other conditions would cause the membrane filter
technique to produce inaccurate data, the most probable number (MPN) 5-tube multiple dilution
method shall be used."
H. On December 6, 7, 9, 14 and 16, 2021, DWR staff returned and collected water samples to be
analyzed for fecal coliform bacteria levels. As a result of these investigations a stream standard
violation was documented for fecal coliform bacteria levels in the subject UT to South Fork Mills
River. Results from location 2 and downstream of the discharge at location 3 violated state water
quality standards. See table below:
Sample Date
Results Location 1
Upstream of the
farm operation
CFU/100m1*
Results Location 2
Downstream of farm pond,
upstream of Sample #3
CFU/100m1*
Results Location 3
Downstream of waste stream
confluence or discharge area.
CFU/100m1*
12/06/2021
33
900
5200
12/07/2021
48
1000
4800
12/09/2021
52
410
2000
12/14/2021
52
490
3100
12/16/2021
160
680
2300
Geometric
Mean
59
658
3238
*CFU — Colony Forming Unit
I. On January 10, 2022, The Division issued a Notice of Violation and Recommendation for
Enforcement to B & B Beef Farms, LLC identifying stream standard violations 15A NCAC
2B.0211(7).
J. The NOV/NOI was sent by certified mail, return receipt requested and received on January 12, 2022.
A written response to the NOV/NOI was received dated January 24, 2022.
K. The costs to the State of the enforcement procedures in these matters totaled $508.42.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. B & B Beef Farms, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. Unnamed tributary of the South Fork Mills River constitutes waters of the State pursuant to G.S.
143-212(6).
C. The above cited activity described in Findings of Fact I.H. violated 15A.NCAC 02B.0211(7) for
stream standard violation in the un-named tributary to the South Fork Mills River.
D. B & B Beef Farms, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty five thousand dollars
($25,000.00) per violation may be assessed against a person who violates any classification,
standard, limitation, or management practice pursuant to G.S. 143-214.1, 143-214.2, or 143-215.

DocuSign Envelope ID: DFCD5232-7039-41 F9-A0E9-0A48BE128EB8
E. The State's enforcement costs in this matter may be assessed against B & B Beef Farms, LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director of Division of Water Resources, pursuant to delegation provided by the Secretary of the
Depailnient of Environmental Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, B & B Beef Farms, LLC, owner of B & B Beef Farm at the time of non-compliance, is hereby
assessed a civil penalty of:
$3000.00 For violation of 15A.NCAC 02B.0211(7) for stream standard violation in the
un-named tributary to the South Fork Mills River.
$ 508.42
Enforcement costs
$ 3,508.42 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; and
(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 B & B Beef Farms,
LLC, in accordance with N.C.G.S. 143-215.6(A)(d).
DocuSigned by:
3/3/2022 1
&rD19D649DD2478...
(Date)
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources