450024_NOV and Intent to Assess_20220110

January 10, 2022

CERTIFIED MAIL #7020 1290 0001 1766 8880
RETURN RECEIPT REQUESTED

B & B Beef Farms, LLC
Attn: Richard Phillip Brittain, President
421 South Mills River
Mills River, NC 28759

SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2022-SS-0001
Administrative Code 15A NCAC 2T .1303
B & B Farms, LLC Facility No. 450024 Permit No. AWD450024
Stream Standard Violation – 15A NCAC 2B.0211(7)
Henderson County, N.C.
Response deadline: 10 days from receipt

0
Dear Mr. Brittain:
Chapter 143, North Carolina General Statutes (NCGS), directs and authorizes the Environmental
Management Commission (EMC) of the Department of Environmental Quality (DEQ) to protect
and preserve the water and air resources of the State. The Division of Water Resources (DWR)
has the delegated authority to enforce water pollution control laws and regulations.
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 your property (PIN # 9621-75-1804) located near Mills River
NC. The investigations included analyzing water samples from the UT for fecal coliform bacteria,
an indicator of animal waste. Sampling was conducted in response to the notification of stream
condition concerns downstream of your 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.

You are currently operating under a “Deemed Permitted” status according to 15A NCAC
02T .0113 (Permitting by Regulation) and .1303 (Animal Waste Management Systems) which
states in part: “it shall not be necessary for the Division to issue individual permits or coverage
under a general permit for construction or operation of the disposal system provided the system
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B & B Farms 2

does not result in any violations of surface water or groundwater standards, there is no direct
discharge to surface waters, and all criteria required for the specific system is met”.

Violation 1:

Failure to prevent a stream standard violation for fecal coliform bacteria in accordance with 15A
NCAC 02T .0113 (Permitting by Regulation) and .1303 (Animal Wast e Management Systems).
A 5-in-30 fecal coliform study was conducted between December 6th and December 16th, 2021.

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

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

Analytical results of samples from location 1 (Upstream) were compliant with the standard 15A
NCAC 2B.0211(7): fecal coliform shall not exceed a geometric mean of 200/100 ml based upon
at least five consecutive samples examined during any 30-day period, nor exceed 400/100 ml in
more than 20 percent of the samples examined during such period. Results from location 2 and
downstream of the discharge at location 3 violated state water quality standards.

REQUIRED RESPONSE

As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration. Your response should be sent to this
office at the footer address or via email to [e-mail] and include the following:

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B & B Farms 3

1. If you have not already done so, take all action necessary to abate any damages and to
prevent recurrence of surface water violations. Contact the Henderson County Soil &
Water Conservation District for assistance in implementing Best Management Plans
(BMPs) for your farm.

Your response to this Notice including the above-referenced items, shall be received by this
office no later than 10 days after your receipt of this Notice.

This office requires that the violations, as detailed above, be abated immediately and
properly resolved. Environmental damage and/or failure to secure proper authorizations have
been documented on the subject tract as stated above. Your efforts to undertake actions to bring
the subject site back into compliance is not an admission, rather it is an action that must be taken
in order to begin to resolve ongoing environmental issues.

A Notice of Violation and Intent to Issue Civil Penalty is being issued for the above-
referenced violations of North Carolina Statutes. Pursuant to G.S. 143-215.6A, these
violations and any future violations are subject to a civil penalty assessment of up to a
maximum $25,000.00 per day for each violation. Your above-mentioned response to this
correspondence, the degree and extent of harm to the environment, and the duration and gravity
of the violation(s) will be considered in any civil penalty assessment process that may occur.

Should you have any questions regarding these matters, please contact Tim Fox at (828) 296-
4664 or [e-mail].

Sincerely,

G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

cc: ARO File Copy

ec: Byron Hamstead USFWS
Andrea Leslie NCWRC
Jonathan Wallin Henderson County SWCD
Betsy Gerwig Henderson County SWCD

G:\WR\WQ\Henderson\Complaints\Phillip Brittain Farm South Mills River Site\New as of 11-15-
21\NOV\20220107_AWD450024_NOV_2022-SS-0001.docx
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