450024_Civil Penalty Assessment_20230712

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF HENDERSON

IN THE MATTER OF: ) FILE NO. SS-2023-0002
B & B BEEF FARMS, LLC )
)
FOR VIOLATIONS OF: )
NORTH CAROLINA ) FINDINGS AND DECISIONS
15A NCAC 02B .0211 ) 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, Michael Pjetraj, Deputy Director, 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 15A NCAC 02B .0211 (7) state that “Fecal coliform in Class C Waters shall not
exceed a geometric mean of 200/100ml (MF count) based upon at least five samples taken over a 30-
day period, nor exceed 400/100ml 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
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.”

D. On December 6, 7, 9, 14 and 16, 2021, staff of the DWR investigated an un-named tributary (UT) to
South Fork Mills River including property (PIN # 9621-75-1804) located near Mills River NC. The
investigations included analyzing water samples from the UT for fecal coliform bacteria. Sampling
was conducted in response to the notification of stream condition concerns downstream of the subject
property occurring in an UT to South Fork Mills River, (6-54-3 (17.5), a classified WS-II Trout Tr,
High Quality Water (HQW) of the state. 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. See table below:

Sample Date Results Location 1
Upstream of the
farm operation
CFU/100ml*
Results Location 2
Downstream of farm pond,
upstream of Sample #3
CFU/100ml*
Results Location 3
Downstream of waste stream
confluence or discharge area.
CFU/100ml*
12/06/2021 33 900 5200

12/07/2021 48

1000 4800

DocuSign Envelope ID: 028AF504-CB67-40D3-A500-A8CF68D4CD33
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

E. 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).

F. 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.

G. The costs to the State of the enforcement procedures in these matters totaled $278.79.

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.D. 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.

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
Department 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:

$3500.00____ For violation of 15A.NCAC 02B.0211(7) for stream standard violation in the
un-named tributary to the South Fork Mills River.

$ 278.79____ Enforcement costs

DocuSign Envelope ID: 028AF504-CB67-40D3-A500-A8CF68D4CD33
$3,778.79 ___ 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).

_________________ ________________________________
(Date) Michael Pjetraj, P.E.
Deputy Director
Division of Water Resources
DocuSign Envelope ID: 028AF504-CB67-40D3-A500-A8CF68D4CD33
7/17/2023