NC0000078_Comments_20210708

McGuireWoods LLP
201 North Tryon Street
Suite 3000
Charlotte,NC 2 82 02-2 1 46
Phone:[phone]
Fax:[phone]
www.mcguirewoods.com
David A.Franchina MCGUIREWOODS
Direct 704.343.2297 [e-mail]
July 8,2021
Via Certified Mail
Ms. Julia Byrd
NPDES Permitting Branch
Division of Water Resources
Department of Environmental Quality
1617 Mail Service Center RECEIVED
Raleigh,NC 27699-1617
Is ZOZ1
RE: Draft NPDES Permit Renewal
Permit NC0000078 NCDEUDWRINPDES
Davidson River Village WWTP
Transylvania County
Dear Ms. Byrd:
Davidson River Village, LLC("DRV"),the permittee under NPDES Permit NC0000078
for the former Ecusta Mill in Brevard,North Carolina, is in receipt of your letter dated June 8,
2021. The letter which enclosed a draft renewal NPDES permit(the"Draft Permit")was first
able to be accessed by DRV on June 13,2021. We are writing to offer two comments on behalf
of DRV regarding the Draft Permit.
First, Section I(A)(6)(a) of the Draft Permit discusses groundwater monitoring and
references a Sampling Plan attached as Exhibit A. This language is unchanged from the previous
permit,but the Draft Permit did not include the referenced Sampling Plan as Exhibit A. First,
DRV asks that any final permit include the referenced Exhibit A to ensure there is no future
confusion regarding its absence. Second, DRV would like to point out one possible change to the
Sampling Plan that was included with the prior permit. That earlier Exhibit A identified three
wells for sampling,two of which(designated Q88V3 and Q88V4)have since been replaced by
two new wells with different designations(ASB-02 and ASB-01). We have enclosed a new
version of Exhibit A which identifies the new well designations that correspond to the prior
designations. DRV has corresponded with the Groundwater Protection Branch to confirm that
this version of the Sampling Plan identifying the correct well designations remains approved. A
copy of that correspondence is enclosed. Based on that approval, DRV asks that a revised
version of Exhibit A with the new well designations be included with the final permit.
Atlanta I Austin I Baltimore I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles-Century City
Los Angeles-Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington,D.C.

July 8,2021
Page 2
Second, Section I(A)(1)of the Draft Permit continues to require monitoring for Chronic
Toxicity, and Section I(A)(2)of the Draft Permit sets a Chronic Toxicity Permit Limit. In over
10 years of sampling DRV's monitoring has never shown a failure of the Chronic Toxicity limit.
As a result,no risk of Chronic Toxicity from DRV's effluent has been demonstrated by the
available data, and DRV believes there is no reasonable basis for it to be required to continue
quarterly Chronic Toxicity testing as part of the renewed permit. Accordingly,DRV asks that the
Chronic Toxicity monitoring requirement and permit limit be removed from the Draft Permit.
Although these are DRV's only comments on the Draft Permit, DRV reserves the right to
provide additional comments on issues not included or addressed in the current Draft Permit,
such as an Exhibit A that is dramatically different than the Exhibit A that was attached to DRV's
current NPDES Permit. DRV looks forward to completing the renewal of its NPDES permit, and
stands ready to answer any questions you may have regarding these comments.
Sincerely,
AF.17124.1
David A. Franchina
Enclosures
cc: Mr. Bernard Kelly, Site Manager

APPENDIX A: GROUNDWATER MONITORING REQUIREMENTS - NC0000078
Groundwater Well Location Groundwater Characteristics Monitoring Requirements
Site County PCS
Monitoring Wells Parameters Frequency Sample
Latitude Longitude Code q y Type Footnotes
00610 Nitrogen,Ammonia Total
(as NH3-N) March,July,November Grab
01002 Arsenic(as As) March,July,November Grab
ce Q88V2 35.257206 -82.689097 01034 Chromium(as Cr) March,July,November Grab
01037 Cobalt(as Co) March,July,November Grab
c
ct
01045 Iron(as Fe) March,July,November Grab
NI
01051 Lead(as Pb) March,July,November Grab
CZ
ti 01055 Manganese(as Mn) March,July.November Grab
n e 71900 Mercury(as Hg) March,July,November Grab
y Q L Q88V3 35.255023 -82.693674 00400 pH
March.July,November Grab I
cu 00929 Sodium,Total(as Na) March,July,November Grab
u 00095 Specific Conductance March,July,November Grab
i.
00945 Sulfate, Total(as SO4) March.July,November Grab
I
0 A'3—0 ( 70300 Solids,Total Dissolved- 180 Deg.0 March.July,November I Grab !
Q88V4 35.256464 -82.698524 00680 I Carbon,Total Organic(as TOC) March.July,November Grab
78732 1 Volatile Compounds,(GC/MS) Annually Grab 3
85820 Water Level From Surface March,July,November Calculated I 1,2
1. The measurement of water levels shall be made prior to purging the wells.The depth to water in each well shall be measured from the surveyed point on the top of the casing.
The measurement of pH shall be made after purging and prior to sampling for the remaining parameters.
2. The measuring points(top of well casing)of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The
measuring points(top of casing)of all monitoring wells shall be surveyed relative to a common datum.
3. Annual sampling for volatile organic compounds shall be conducted in the month of November exclusively.
NOTE: If there are any question in regards to the Groundwater Requirements contact the Asheville Regional Office/Groundwater
Protection Branch (828)296—4500.

From: $ernie Kelly
To: Michael Singer;Franchina.David A;Lumokin.Samuel O,
Subject: Fwd:[External]Wells
Date: Wednesday,July 7,2021 4:35:25 PM
Sent from my iPhone
Begin forwarded message:
From: Bernie Kelly<[e-mail]>
Date: July 7, 2021 at 2:39:25 PM EDT
To: "Laverty, Brett" <[e-mail]>
Subject: Re: [External] Wells
Thanks Brett
Sent from my iPhone
On Jul 7, 2021, at 2:16 PM, Laverty, Brett
<[e-mail]>wrote:
Bernie,
The monitoring wells, frequency, and analytes will stay the same in the
new permit. I will make sure the permit writer updates the well names in
the appendix. Let me know if you have any additional question. I can also
be reached at(984) 232-1140.
Brett Laverty
Brett Laverty
Hydrogeologist—Asheville Regional Office
Water Quality Regional Operations Section
Division of Water Resources
North Carolina Department of Environmental Quality
828 296 4500 office
email:[e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the

North Carolina Public Records Law and may be disclosed to third parties.
From: Bernie Kelly [mailto:[e-mail]]
Sent: Friday,July 2, 2021 3:15 PM
To: Laverty, Brett<[e-mail]>
Subject: [External] Wells
CAUTION:External email.Do not click links or open attachments unless you verify.
Send all suspicious email as an attachment to Report Soam.
Hi Brett:
Its Bernie over at Davidson River Village, hope you are
well. Brett, we are in the middle of renewing our NPDES
permit, and I have a draft copy that was provided to me by
Raleigh.
I am assuming that the sampling parameters are the same
as our current permit since parameters where not spelled
out in the new draft permit.
If so, then our plan is to continue sampling in March, July,
and November using Pace Analytical to collect and analyze
the samples.
I have attached a copy of our existing parameters that we
are currently acting under.
This form still shows wells Q88V3 and Q88V4. As you
know, these wells were replaced by two new wells ASB01
and ASB02.
Brett, I am reaching out to you since you are the only one
that I know that ever talks to me about groundwater.
Brett, if you would kindly email me back to make sure that
this plan is "OK."

Thanks Brett