NC0000078_Permit (Modification)_20060130

NPDES DOCUMENT !CANNING; COVER SHEET
NC0000078
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File
- Historical
Plan of Action
Speculative Limits
Instream Assessment (67b)
Environmental Assessment (EA)
Permit
History
Document Date:
January 30, 2006
This document is printed on reuse paper - ignore any
content on the reYerse Bide

NCDENR
Mr. Clifford Bell, Manager
Ecusta Business Development Center, LLC
P.O. Box 1119
Pisgah Forest, NC 28768
Dear Mr. Bell:
Michael F. Easley
Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
January 30, 2006
Subject: NPDES Permit Modification - Ownership
Change
Permit NC0000078
Mill in Pisgah Forest, North Carolina
Formerly: RFS Ecusta, Inc.
Transylvania County
The Division of Water Quality (Division) received Ecusta Business Development, LLC (EBDC)
request for change of name/ownership for the former RFS Ecusta facility on October 27, 2003. After
consultation with NCDENR's General Counsel, the Division is forwarding the subject permit modification
to you. This modification documents the change in ownership at the subject facility. All other terms and
conditions in the original permit remain unc-hinged and in full effect.
Please note that this permit expired on August 31, 2000. However, the previous permit
holder applied for renewal of the permit in a timely manner, so the permit has been administratively
continued. In order to update the permit to reflect current conditions, EBDC must submit a new
renewal application. A renewal form and checklist for preparation of the renewal package is enclosed
with this permit.
To reiterate, this permit modification reflects only the change in name/ownership. All other
terms and conditions in the original permit remain unchanged and in full effect
This permit modification is issued under the requirements of North Carolina General Statute 143-
215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental
Protection Agency dated December 6,1983. If any parts, measurement frequencies or sampling
requirements contained in this permit modification are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This
request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes,
filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-
7447. Unless such demand is made, this decision shall be final and binding.
N. C. Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Internet h2o.enr.state.nc.us
Phone: [phone]
fax: [phone]
DENR Customer Service Center..1800 623-7748 .

Letter to Mr. Bell, page 2 of 2
This permit does not affect the legal requirement to obtain other permits that may be
required by the Division of Water Quality, the Division of Land Resources, Coastal Area
Management Act, or any other Federal or Local government permit that may be required. If you
have any questions concerning this permit, please contact Sergei Chernikov at 919-733-5083 (ext.
594), or at e-mail address [e-mail].
Sincerely,
cc: Central Files
Asheville Regional Office, Surface Water Protection
NPDES Files x
Aquatic Toxicology Unit

Permit NC0000078
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act, as amended,
Ecusta Business Development Center, LLC
is hereby authorized to discharge wastewater from a facility located at
Mill in Pisgah Forest, North Carolina
Ecusta Road
Brevard
Transylvania County
to receiving waters designated as the French Broad River (outfall 001) and the Davidson River (outfalls 002
and 003) in the French Broad River Basin, a class C in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective October 27, 2003.
This permit and authorization to discharge shall expire at midnight on August 31, 2000.
Signed this day January 30, 2006.
W. Klimek, P.E., Director
vision of Water Quality
By Authority of the Environmental Management Commission

}
Permit NC0000078
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this
permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive
authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and
provisions included herein.
Ecusta Business Development Center, LLC, is hereby authorized to:
1. Continue the operation of an existing 27.5 MGD wastewater treatment facility (outfall 001) consisting
of a
• grit chamber,
• bar screens,
• influent pumps,
• primary clarifiers,
• aerated stabilization basin
• sludge dewatering
The facility is located off Ecusta Road south of US Highway 64/276 in Pisgah Forest, Transylvania
County (see part III of this Permit), and
2. Discharge from said treatment works (outfall 001) at the location specified on the attached map into
the French Broad River which is classified "C" waters in the French Broad River Basin, and
3. Discharge non -contact cooling waters (outfall 002 and 003) into the Davidson River which is classified
Class "C" waters in the French Broad River Basin.

Latitude:
Longitude:
uad #:
Stream Class:
Receiving Stream:
Permitted Flow:
Facility Information
35° 15' 03" Sub -Basin:
82° 41' 34"
F 8 SW (Pisgah Forest)
French Broad River/ Davidson River
27.5 MGD
Ecusta Business Development Center, LLC
NC0000078
TransylvaniaCounty

Permit No. NC0000078
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to
discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Locationl
Flow (MGD)
27.5
Continuous
Recording
I or E
BOD, 5-day, 20°C (Apr. 1
— Oct. 30)
4587 lb/day
9174 lb/day
3/Week
Composite
E
BOD, 5-day, 20°C (Nov. 1
— Mar. 31)
9174 lb/day
18348 lb/day
3/Week
Composite
E
Total Suspended Solids
11585 lb/day
22448 lb/day
Daily2
Composite
E
NH3-N
Monthly
Composite
E
Total Phosphorus (mg/L)
Quarterly
Composite
E
Total Nitrogen (mg/L)
Quarterly
Composite
E
Settleable Solids (mL/L)
Monthly
Grab
E
Dioxin3 (µg/L)
Chronic Toxicity4
Quarterly
Grab
E
Conductivity5
Monthly
Grab
E, U, D
Dissolved Oxygens'b
Daily2
Grab
E, U, D
Temperatures (°C)
Daily2
Grab
E, U, D
pH$
Daily2
Grab
E
Notes:
1. Sample Locations: E — Effluent, I — influent, U — upstream of the outfall near river mile 192 at Barnett Bridge, D- downstream of the
outfall approximately 10.8 miles at river mile 180.8 at Etowah Bridge.
2. Daily shall mean every day on which a wastewater discharge occurs except Saturdays, Sundays, and legal holidays.
3. See condition A. (6).
4. Chronic Toxicity (Ceriodaphnia) P/F at 21 %; January, April, July, October; see condition A. (5).
5. Upstream and downstream monitoring shall be conducted weekly from April through June, three times per week from July through
October, and monthly from November through March.
6. The dissolved oxygen shall not be less than 4.0 mg/L. Effluent monitoring shall be performed daily,
7. Temperature monitoring of the effluent shall be performed daily.
8. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit No. NC0000078
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge from outfall(s) serial number 002 and 003. Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location1
Flow (IVIGD)
Semi -Annually
Estimate
E
Temperature (°C)2
Semi -Annually
Grab
E
Total Residual Chlorine3
Semi -Annually
Grab
E
pH4
Semi -Annually
Grab
E
Notes:
THERE SHALL BE NO CHROMIUM, ZINC OR COPPER ADDED TO THE TREATMENT SYSTEM
EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS.
1. Sample Locations: E - Effluent.
2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving
stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 29.0°C.
3. Total Residual Chlorine monitoring requirements only apply if chlorine is added to the cooling water.
4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
The permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in
the cooling water; see condition A. (3) of this Permit.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit No. NC0000078
A. (3) BIOCIDE CONDITION
The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the
cooling water. The Permittee shall notify the Director in writing not later than ninety (90) days prior to instituting
use of any additional biocide used in cooling systems which may be toxic to aquatic life or other than those
previously reported to the Division of Water Quality. Such notification shall include completion of Biocide
Worksheet Form 101 and a map locating the discharge point and receiving stream. Concentrations of chromium,
copper or zinc added to biocides shall not exceed applicable water quality standards or action levels in the
receiving stream, as determined by calculations from the Biocide Worksheet From 101 with Supplemental Metals
Analysis worksheet.
A. (4) AMMONIA NITROGEN CONDITIONS
This permit may be modified, or revoked and reissued to include NH3-N limitations and monitoring requirements
in the event monitoring conducted on the effluent indicate that NH3-N concentrations are greater than 4.0 mg/L.
A. (5) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 21%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent
versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998)
or subsequent versions. The tests will be performed during the months of January, April, July, and October.
Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all
treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit
limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months
as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February
1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that
does have a detectable impairment of reproduction or survival. The definition of "detectable impairment,"
collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase
II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for
the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to
the following address:
Permit No. NC0000078

Attention: NC DENR / DWQ / Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the
facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No
Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at
the address cited above.
Should the perniittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to
include alternate monitoring requirements or limits
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.

Permit No. NC0000078
A. (6) DIOXIN MONITORING
Adequate sample volume shall be collected to perform the analysis. The total sample volume shall be collected
and preserved in accordance with Part II, Section C Monitoring and Records. The sample shall be analyzed in
accordance with the appropriate method of analysis specified in Analytical Procedures and Quality Assurance for
Multimedia Analysis of Polychlorinated Dibenzo-para-dioxins and Polychlorinated Dibenzofurans by High
Resolution Gas Chromatography/High Resolution Mass Spectrometry, EPA, 1987 (EPA Method 1613), or
another equivalent analytical protocol approved by DWQ. A single sample may be analyzed to determine
compliance with the daily maximum effluent limitation. Alternatively, a sample volume may be collected to
enable the sample to be split (duplicate analysis). If the analysis of either split sample is below the detection limit,
the quantity, for the purposes of compliance evaluation, is considered to be zero. If both splits are positive, the
results of the two analyses shall be averaged to determine compliance with the daily maximum effluent limitation.
If the measurement is below detection limits, the quantity for the purposes of compliance evaluation is considered
to be zero. The detection limit using these methods for the purpose of compliance evaluation is considered to be
10 picograms per liter. The dioxin isomer to be monitored and limited by this permit is 2, 3, 7, 8, TCDD.
Fish tissue analysis will be performed, as a minimum, at one station established upstream of the discharge and at
two stations downstream in accordance with the Division of Water Quality approved monitoring plan. The
monitoring plan is an enforceable part of this permit. All dioxin data collected as part of this monitoring
requirement will be reported within three months after collection.
The Permittee shall perform fish tissue analyses for TCDD and TCDF annually. The permittee shall also monitor
influent to the wastewater treatment facility and primary sludge from the wastewater treatment facility as required
by the approved November 1991 Supplemental Monitoring Plan, which is an enforceable part of this permit.
After the initial fish tissue analysis, the permittee may petition the Division for a review of the annual
requirement. If the data from annual fish tissue analysis indicates there are no dioxin concerns, an alternative
schedule may be granted.

imap:l/[e-mail]:143/...
Subject: Re: Ecusta
From: Mary Penny Thompson <[e-mail]>
Date: Thu, 12 Jan 2006 16:53:08 -0500
To: Sergei Chernikov <[e-mail]>
CC: Kathleen Waylett <[e-mail]>
Sergei,
Thank you for meeting with me today and discussing the Ecusta site. I talked with
Kathleen Waylett of the AG's Office today and we both agreed that the earlier delay
caused by concerns over financial assurances should no longer continue. Besides
being the owner of a significant amount of land, EBDC is receiving rent from one
tenant and may have sales in the near future of buildings and property within the
site. It is my advice to you that DWQ should issue a permit to the current legal
owner, i:e., EBDC, as soon as possible.
I am glad to find we have at least a request for Name and Ownership Change from EBDC
that will allow us to issue a permit modification. When I speak to EBDC's attorney,
should I tell him to have EBDC submit a new permit application or a renewal
application?
Mary Penny
Sergei Chernikov wrote:
Mary Penny,
We just reviewed the Ecusta file (Susan, Roger, and I) and found an Application for
a Name and Ownership Change from EBDC. We can proceed with that after we receive an
e-mail from you about resolution of the financial capabilities issue. By doing that
we will have a permit with EBDC name on it. However, in order to issue a new permit
we will need a permit application from them.
Sergei
Mary Penny Thompson <mary.p.thompson(uincmail.net>
General Counsel
N.C. Department of Environment and Natural Resources
1 of 1 1/13/2006 9:14 AM

DWO .POINT SOURCE Fax:[phone]
Transmit Conf_ Report **
Jun 23 2004' 17:18
**
P. 1
Fax/Phone Number
Mode
Start
Time
Page
Result
Note
97166767
NORMAL
23,17:18
2'05"
7
* 0 K
M�rhnwl r r„ .lay
Govomor
Milky to G. Rusn, Jr., S urtetani
NORf CoroUIrta Department 01 Envlronmont and Natural Rocourcoc
Alan W Karnak. P.E.. Dh►vtiur
OMuon of Wator Ouaaty
Water Quality Section/ NPDES Unit
FAX- jV I'/) /:I, -II/ 19
FAX TO: Jim (itlerk, AGO
FAX NUMBER: �lr (.>/i97 I
Re.: Ecusta Business Dvlpmnf. Center
FROM: Suson A. Wilson. r.r.
PHONE 733-S083, ext. 510 i#F7r.'
I NO. OF FAGl3 INCLUDING ''HIS SHEET: 7
.ltm.
1 orrPar WP uRU aztctad me to rats' this (Murrn:Awn lu yuu cu. Euuata Business Development Center. This is our
letter to them re. Wltdt irtfu;rttdbun was still needed to perform the nRmPlnwnerthir chnnoe and their
ttca litr/uwnirship change for the procena wROPwadPf NI.WES permit.
Sitann

Re: [Fwd: Re: ecusta]
Subject: Re: [Fwd: Re: ecustal
From: Kerry Becker <[e-mail]>
Date: Fri, 12 Mar 2004 17:34:43 -0500
To: Susan Wilson <susan.a.wilson©ncmail.net>
Susan,
I went back through some of my old emails I saved from the Ecusta debacle over the past
year or two. It looks as though one thing we are looking for is additional information
regarding future use of the site and whether or not these uses will change the past
characteristics of the wastewater....perhaps even allowing connection to the City of
Brevard's WWTP, etc. hence the delay in permit issuance.
As to fmancial...it looks to be two-fold....first, are there financial resources available for the
new owners to actually run this thing and develop it out as they plan, whatever that plan
may be? and secondly, development of closure plans and associated funding for the landfill
sites (which by the way are under negotiation), however, we want additional plans and
guaranteed monies for dealing with ongoing monitoring and treatment of landfill leachates
and finally for the closure of the ASB ( which are not part of the negotiation process at this
time as far as I know) . Kerry
Susan Wilson wrote:
boy, Kerry, i suggest you talk to Forrest. I just check in with him occasionally to see
what i need to do. i'm not sure what he and the AG's office are looking for as far as
financial capability. i'm out of the loop as well on this one.
Kerry Becker wrote:
Susan:
I seem to be out of the loop on some of this stuff. I have someone here in the office
asking questions about the Ecusta facility and it reminded me that I have not heard
anything of the permits in some time. Wanted to check and see where we were with
this. About 3 weeks ago, I visited the facility and met with two of the owners. They
had been making pulp but were halting production because final sludge disposal had
not been worked out yet. However, it was on the verge of being settled according to the
owners. Evidently there has been a conflict and resultant delays because of Cliff Bell
the fellow everyone has been dealing with. Heck, I don't know I'm just a minion.
Anyway, I am out there on Monday and will try to find out where we are with this. As
for financial capability what are we looking for? a bond? a plan and monies set
aside for final closure? what? Kerry
Susan Wilson wrote:
Kerry - this is my latest correspondence with your boss about this.
Original Message
1 of 3 3/15/2004 11:22 AM

Re: [Fwd: Re: ecusta]
Subject: Re: ecusta
Date: Tue, 09 Mar 2004 13:28:05 -0500
From: Forrest Westall <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: Susan Wilson <[e-mail]>
References: <[e-mail]>
AG's folks do not have what they asked for to my knowledge. We likely
need to sit on it for a while longer, perhaps then it will hatch.
Forrest
Susan Wilson wrote:
> Forrest - just a note to tell you i have not done anything with this
> permit. No name change etc., etc. I am still awaiting word from you
> guys (financial capability). Let me know if I need/can get going on
> this one. Thanks!
Forrest Westall - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
Kerry Becker - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
Kerry Becker - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
59 Woodfin Place
Asheville, NC 28801
Tel: [phone]
Fax: [phone]
2 of 3 3/15/2004 11:22 AM

Re: Ecusta; again
Subject: Re: Ecusta, again
Date: Thu, 30 Oct 2003 09:12:29 -0500
From: Forrest Westall <[e-mail]>
To: Susan A Wilson <[e-mail]>
Susan, Still need to finish agreements and get some info on financial capability before we act. Forrest
Susan A Wilson wrote:
Well, I spoke too soon - just received the request this morning for the
name/ownership change for NPDES No. NC0000078 (the main process ww permit).
Forrest - just let me know when we can proceed with the name/ownership
change.
Susan A Wilson wrote:
Shannon -
Got your message re. Ecusta - thought I would copy Forrest as he is the
all-knowing one on this (and he and Jim Gulick have been going
back/forth with it for quite some time). He may actually have already
done what you were requested to do - so I'd touch base with him.
We did get a response to the 8/29/03 letter we sent out. They requested
name/ownership change for NCG120014 (this was the one received a
recession request for - SW from the coal ash monofill). We've received
nothing else from them.
We have not done the name change for this as Forrest/Jim were going to
confirm financial capability (and this is what Forrest instructed). We
have taken no action on it.
Hope this answers your question. I got the press release that the mill
was trying to start-up again. I think they need to get further info in
to us so we can proceed with the name change if they're trying to
start-up.
Susan
1 of 1 10/30/03 9:25 AM

ROBINSON BRADSHAW & HINSON
TRACI ZELLER
CHARLOTTE OFFICE
October 24, 2003
Point Source Branch
Attn: Valery Stephens
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
DIRECT DIAL: 704.377.8 132
DIRECT FAX: [phone]
[e-mail]
Re: Name/Ownership Change Request for Permit No. NC0000078
Dear Ms. Stephens,
OCT 2 7 2003
Per Mr. Goodrich's letter to Mr. Ashbrook, dated August 29, 2003, enclosed is the Permit
Name/Ownership Change Form (the "Permit Form") by Ecusta Business Development Center,
LLC for the transfer of the above -referenced permit. Also enclosed is the special warranty deed,
which evidences the transfer of ownership of the property that is the subject of the above -
referenced permit. You will note that, although Mr. McMillan, the responsible official for the
permit when held by RFS Ecusta, Inc., has not signed the Permit Form, he has signed the special
warranty deed and the enclosed letter, both of which evidence his assent to the transfer. I trust
that those instruments are acceptable. If you have any questions or need further assistance,
please feel free to call me. With any questions specific to the permit, please call Bill Ashbrook,
the permit contact noted on the application.
TGZ/adf
Enclosure(s)
cc: Bill Ashbrook (with enclosures)
Sincerely,
ROBINSON, BRADSHAW & HINSON, P.A.
Traci Zeller
e..-MAr 4G')
vll/1e5,r I0/28
- Asrfn (Aida
W� Coat-17 r7o
,mt(0,.4A,ar_
(AAM6 /()
Attorneys at Law
Charlotte Office: 101 North Tryon St., Suite 1900, Charlotte, NC 28246 Ph: 704.377.2536 Fx: 704.378.4000
South Carolina Office: 140 East Main St., Suite 420, P.O. Drawer 12070, Rock Hill, SC 29731 Ph: 803.325.2900 Fx: 803.325.2929

mailbox:///q/Documents%20and%20Settings/charles_weaver/Applica...
Subject: Ecusta Mill site in Western North Carolina
From: Forrest_Westall <[e-mail]>
Date: Thu, 11 Sep 2003 13:31:48 -0400
To: Madolyn Dominy <[e-mail]>
CC: Charles Weaver <[e-mail]>, Susan A Wilson <[e-mail]>,
Kerry Becker <[e-mail]>
Dear Ms. Dominy,
Charles Weaver with the NPDES Unit in the Raleigh central office forwarded your name to me about this
facility (the e-mail he sent you). As this is a very complex situation with several State and Federal
organizations, a new owner and, at least one prior owner involved, it may be better for us to discuss this by
phone. I am in Raleigh until tomorrow afternoon and can be reached at 919.733.5083, ex. 560. Next week
I will be back in the Asheville RO, 828.251.6208.
With potential site contamination and other environmentally permitted facilities (like landfills) on this large
site (approx. 600 acres), we have been working with EPA, US Justice, the NC Attorney General, DENR's
Div. of Waste Management (solid waste, hazardous waste, Superfund, and abandoned site folks), NC Air
Quality, NC Radiation Protection and local officials over the last 14 months to keep the site managed and
to try to allow a new buyer to "restart" some of the manufacturing activities on the site. Susan Wilson in
the NPDES Unit has been working on the NPDES issues concerning this site's existing permit and we have
been in communication on how we may proceed with a "name change" for the new owner and
requirements to submit a "revised" NPDES application for the activities that the new owner may undertake
for the site. These activities may include some of the the "flax pulping" activities that have taken place in
the past, but preliminary plans also consider the site for possible used as an "industrial park" or for other
manufacturing activities. We have informed the new owner that this may require revision to the current
permit limits and that we would need an updated application. The plant site is near the Town of Brevard's
sewer collection/WWTP system, so there may be other options for dealing with future wastewater streams
not consistent with the current permit.
Overall, there are many issues that are being considered and negotiated at this time. The EPA Region IV
emergency response folks are involved with this site as well (since there have been concerns since August,
2002 that the site might be "abandoned" and need immediate attention to deal with potential environmental
impacts from an "unmanaged" Ecusta plant site), so you may want to touch base with them as well.
Currently, the new owner is operating the water quality management systems in accordance with the
existing, administratively continued individual NPDES permit. They are providing monitoring and
operation of the ASB treatment system in accordance with the NPDES permit and there has been no new
paper making process wastewater (or any process water other than boiler related wastewater) discharged
into the ASB system since last August (the ASB is essentially full of relatively clean site stormwater and the
discharge characteristics of the water being released from the basin are very low in pollutant
concentrations --essentially at or near "background" surface water conditions). "Leachate" and stormwater
from an ash landfill (boiler ash --permitted by NC DWM) and leachate and stromwater from a "sludge"
(primary paper waste sludge) permitted by DWQ go into the ASB (which are included as a part of the
current permit), but the predominate flow to the ASB is from site stormwater (much of the site stormwater
is collected and pumped through the primary clarifers into the ASB), so overall effluent quality is very, very
good (as noted).
We have a lot of issues yet to resolve about site responsibility (plant has been there since 1939) and we
have a major former owner, Gladfelter, at the table with the new owncr and all the regulatory parties to
discuss who does what, when and how much it will cost. Right now it would be impossible to move
1 of 2 11 / 18/2003 9:17 AM

mailbox:///C(/Documents%20and%20Settings/charies__weaver/Applica...
forward with any kind of new NPDES permit for the site and from what I understand and how we have
communicated with the new owner, the existing permit will provide more than adequate protection of the
receiving waters. In truth, it would be months before any treated process water would reach the outfall,
even if they started flax pulp production again tomorrow.
If you have any questions about this information, please give me a call.
Forrest
2 of 2 11/18/2003 9:17 AM

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
A��
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 29, 2003
Mr. Bill Ashbrook, Environmental Coordinator
Ecusta Business Development Center, LLC and Ecusta Real Estate II, LLC
P.O. Box 1119
Pisgah Forest, North Carolina 28768
Subject:
Dear Mr. Ashbrook:
Permit Ownership/ Name Change Request
Ecusta Business Development Center, LLC
Ecusta Real Estate II, LLC
Transylvania County
The Water Quality Section received your notice of change in ownership for RFS Ecusta,
Incorporated to Ecusta Business Development Center, LLC. The following water quality permits are
currently held by RFS Ecusta, Incorporated:
• NC0000078. This permit is the NPDES permit for the process wastewater from the mill, as well as
non -contact cooling water discharges. This permit is expired, but a renewal application was
submitted by the previous owner. The existing permit has been administratively continued.
• Wg0013419. This permit is the non -discharge permit for the process residuals monofill, surface
disposal unit. As with the NPDES permit, this permit is expired, but a renewal application was
submitted by the previous owner. The existing permit has been administratively continued until
the renewal is complete.
• NCG120014. This is the general stormwater permit for the process waste landfill (the "island
landfill"). This permit was reissued August 23, 2002.
• NCG120015. This permit is the stormwater permit for the coal ash monofill. A rescission request
was submitted for this permit in March 2002. The Water Quality Section will be working with you
to determine the status of this permit.
A name/ownership application form is attached with this letter. After you review the above
permits and determine which permits will need to change ownership (and to what owner name), please
fill out the name/ownership application for each permit. If all the permits will be changed to the same
owner, you may list all the permits out on a single application form. In addition to the application
form, the Water Quality Section will need legal documentation of the transfer of ownership [as
described on the back of the application form). After this information is submitted, the Water Quality
Section will proceed with the name/ownership change for all applicable water quality permits
(regardless of the renewal status of each permit).
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE [phone]/FAX [phone]
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/ 1 0% POST -CONSUMER PAPER
VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES

Mr. Ashbrook
2
The Division of Water Quality is working with the North Carolina Attorney General's Office on a
review of the financial status of your organization. This review will need to be completed before name
changes can be finalized. Until the name change(s) needed have been processed, the new owners are
responsible for compliance with existing permits and Division regulations. Any issues associated with
current compliance actions should be coordinated through our Asheville Regional Office.
When use of the processing facility has been determined, the NPDES permit application
(NC0000078) will have to be updated and resubmitted. After review of the updated application, the
Water Quality Section will be working with you to move forward with an appropriate NPDES permit for
the facility.
If you have any questions about this process or the NPDES renewal process, please contact
Susan Wilson at (919) 733 - 5083, ext. 510. You may also wish to contact Forrest Westall or Kerry
Becker at the Asheville Regional Office, [phone].
Sincerely,
4 ,>
!,2 I3avid A. Goodrich, Supervisor
NPDES Unit
cc: Asheville Regional Office, Water Quality Section
Shannon Thornburg, Non -Discharge Permitting Unit
Bradley Bennett, Stormwater and General Permits Unit
Bob Sledge, Point Source Compliance and Enforcement Unit
Jeff Poupart, Non -Discharge Compliance and Enforcement Unit
Division of Waste Management, Director
Jim Gulick, AGO
Central Files
NPDES file

Ecusta Mill New Owner
Subject: Ecusta Mill New Owner
Date: Wed, 13 Aug 2003 15:59:10 -0400
From: Forrest_Westall <[e-mail]>
Organization: NC DENR DWQ
To: Susan A Wilson <[e-mail]>
CC: Kim Colson <[e-mail]>, Bradley Bennett <[e-mail]>
Susan, I got the following message back from Jim Gulick in response to my note (which you were copied
on):
Thanks, Forrest. I think your approach is right. Please do fax me a copy of the letters.
»> Forrest Westall <[e-mail]> 08/12/03 02:27PM »>
Jim,
I've received two letters from Thomas E. Bentley, Manager and representing Ecusta Real Estate 11, LLC
and Ecusta Business Development Center, LLC, and
James McMillian representing RFS Ecusta, Inc., informing DWQ of the "sell" of certain property to the
two LLCs. The letters state that the signatures of these
individuals confirm ownership change and agreement to the "transfer of permit responsibility, coverage
and liability arising after August 8,2003 from RFS
Ecusta Inc. to Ecusta Real Estate II, LLC [and to Ecusta Business Development Center for the Plant
Site]." The letters did not request permit "transfer," but
rather seemed to be an FYI type letter. The letter was submitted to the Director of DWQ and I have
forwarded copies to the appropriate DWQ permit staff. My
preliminary reaction is to recommend that we submit a response letter noting the transfer and putting the
existing permits in the "name" of the new owners, a
simple "name change" under our regulations and a "minor" permit modification. This would keep the
current limitations, monitoring and reporting requirements
in place with the new owner. We too would like to confirm financial information about these LLCs before
making this "minor" change. If you have an alternate
view, please let us know.
We will also need to inform them that they should begin to develop WQ applications relative to the
specific plans that they have for the site so the permits can
properly reflect the type and character of the wastewater that they would treat and discharge (the current
permit is based on "past" site manufacturing
activities) from the site. Having the permits in the new names will make sure that regulatory activities
continue with the entities now in control of the site.
If you have any questions, please let me know. I will fax you a copy of the letters.
Forrest
I sent you (and Bradley and Kim) copies of the letters noted in the note to Jim.
Would you be willing to coordinate with Bradley and Kim one response from us back to the two companies
about our plan to do "name changes" for the WQ permits on the site (we need some additional information
on the the two companies to find out who owns what, i.e. what facilities are on the property in
question--ASB, landfills, etc.), but that we will need new applications based on the "way" in which these
sites will be managed in the future. Until then, the old permit conditions will stay in place and in force.
There is some other stuff going on with potential site contamination and DWM, but the WQ permits need
1 of 2 8/I5/03 4:58 PM

Ecusta Mill New Owner
to be put in the new owner's name.
If you need any additional information from me, let me know.
Forrest
\oaoF WATE9pG
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North Carolina Department of
Environment and Natural Resources
Division of Water (Quality
[phone]
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2of2
8/15/03 4:58 PM

Re: I Fwd: Ecusta]
Subject: Re: [Fwd: Ecusta]
Date: Wed, 27 Aug 2003 10:50:11 -0400
From: Shannon Thornburg <[e-mail]>
Organization: NC DENR DWQ
To: Susan A Wilson <[e-mail]>
CC: Kim Colson <[e-mail]>
Susan,
Kim forwarded me your e-mail. I am reviewing the renewal for the surface disposal unit (i.e., monofill) at
Ecusta. This is the only non -discharge permit associated with this facility. The permit number is
WQ0013419. We have been in a holding pattern, awaiting additional information, ever since the
application was submitted.
Thanks for coordinating a Division response. Would you mind copying me on your letter so that I can
have a copy for the permit file?
Shannon
Kim Colson wrote:
Shannon - I think the surface disposal permit is the only nd permit.
Please provide Susan the permit number. Thanks - KC
Morning folks!
I finally spoke with Forrest last week regarding Ecusta and the
name/ownership change. If you guys send me the permit nos. and brief
description of what you have active for Ecusta, that will need the name
change - Valery and I will work on drafting a letter for all units to
send out to them. (and we'll coordinate the name change from the NPDES
Unit). As Forrest has proposed - we'll go ahead and move forward with
the name change (after they provide financial info to the AG's office).
We'll have to work with them to determine which entity will hold which
permits (I think it's fairly confusing right now). Thanks.
1 of 2
8/28/03 9:01 A ry

P H. GLATFELTER COMPANY
96 South George Street • Suite 500 • York, PA 17401-1434
Phone: [phone] • Executive Fax: [phone]
Corporate Financial Fax: [phone]
www.glatfelter.com
May 22, 2001
Director
Division of Water Quality
NCDENR
NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Ownership Change
NPDES Permit No. 0000078
P. H. Glatfelter Company, Ecusta Division
Pisgah Forest, Transylvania County, North Carolina
Dear Director:
We are writing to request a minor modification to NPDES Permit No. 0000078 in light of
the upcoming sale of the P. H. Glatfelter Company's Ecusta Division Mill in Pisgah Forest, NC
to RFS Ecusta Inc.. The closing is tentatively scheduled for June 22, 2001, or soon thereafter,
and we will notify you in writing when the actual transfer occurs. Both P. H. Glatfelter
Company and RFS Ecusta Inc. have signed below agreeing to transfer permit responsibility,
coverage and liability from P. H. Glatfelter Company to RFS Ecusta Inc. as of the date of
closing. Please do not finalize the transfer of the permit until you receive confirmation of the
transfer of ownership from us.
Attached is the required ownership change form. Please accept this letter as legal
documentation of the transfer of ownership.
SPRING GROVE - PENNSYLVAN'IA, USA • ECUSTA - NORTH CAROLINA, USA • NEENAH - WISCONSfN, USA • SCHOELLER HOESC: i - GERNSSACI:, GERMA.NY
Z0 d
VZ=9Y i.O--bZ-//eW

May 22, 2001
Paget
If you need further information, please do not hestate to call the undersigned.
Sincerely,
Skip Missimer
Vice President Environmental Health & Safety
P. H. Glatfelter Company
96 South George Street, Suite 200
York, PA 17401
[phone]
SELLER
Attachments
cc: Jim Reid (Fax [phone])
Aj ay Badhwar
President
RFS Ecusta Inc.
c/o CadmusMack
I991 Northampton Street
Easton, PA 18042
[phone]
BUYER
C:\Docurnents and SettingVedogar1My Documents1#1487309 vt - NPOES.doc
4
£O'd
VZ:9Z IO—ibZ—Rew

PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
Permit Number: NC 0000078
1. Permit holder's name: P.H. Glatfelter Co. — Ecusta Division
2. Permit's signing official's name and title: Skip Missimer
(Person Legally responsible for the permit)
Vice President of Environmental Health. & Safety
(Title)
3. Mailing address: 96 South Georze Street. Suite 200 City: York
State: PA Zip Code: 17401 Phone: [phone]
E-mail address: smissimer(Glatfelter.com
II. NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
_ X a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2. New owner's name (name to be put on permit
RFS Ecusta Inc.
3. New owner's or signing official's name and title: Aiay $adhwar
(person legally responsible for permit)
President
(Title)
i
4. Mailing address: c/o D. Mike Cody, P.O. Box 200 City: Pisgah Forest
State: NC Zip Code: 28768 Phone: [phone]
E-mail address:
170-d
'bZ : 9I IO-17Z-'�W

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW
ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of
incorporation)
For changes of ownership, this form must be completed and signed by both the current permit
holder and the new owner of the facility.
For name change only, the current permit holder must complete and sign the Applicant's
Certification.
Current Permittee's Certification:
I, Ski• Missimer , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting
information and attachments are not included, this application package will be returned as
incomplete.
Signatur
/
//1i4c;21.;1.1
Date: �0 /
I, _ Ajav Badhwar , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting
information and attachments are not included, this application package will be returned as
incomplete.
Signature:
Date: 5-1
THE COMPLETED APPLICATIONPACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NC DENR / DWQ
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
SO'd SZ:9Z Z0-17Z-SEW