450024_Enforcement (Payment)_20230731

F M,SPATE�,
ROY COOPER cd
5 _
Governor d C
ELIZABETH S.BISERr=�* a2
Secretary ` auNv "`
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
July 31,2023
Phillip Brittain
B &B Beef Farm
421 South Mills Road
Mills River,NC 28759
SUBJECT: Request for Payment of Civil Penalty
Enforcement File No. DV-2022-0018
Henderson County
Dear Phillip Brittain:
On February 23,2022,the Director of Division of Water Resources(DWR)assessed a civil penalty against
you in the amount of $3,508.42, including $508.42 in investigative costs, for various permit condition
violations.
If any civil penalty has not been paid within 30 days after the final agency decision has been served on the
violator, North Carolina General Statue 143-215.6A (g) allows the Secretary of the Department of
Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any
county in which the violator resides or has his or its principal place of business to recover the amount of
the assessment. The Division has a notice of service received via email from Mr. Brittains Attorney that
Phillip Brittain received the assessment letter certified on May 26,2022.
This letter serves as final notice that the Division will proceed to refer your case to the North Carolina
Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of your
receipt of this notice,the North Carolina Attorney General's Office will seek collection through the courts.
Should you have any questions,please contact Miressa D. Garoma at(919) 707-3665.
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Division of Water Resources,NCDEQ
cc: Asheville WQROS Regional Office
File#DV-2022-0018
Laserfiche File No: 450024
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11636 Mail Service Center I Raleigh,North Carolina 27699-1636
NORT9CARO�LINA 'P 919.707.9129