NC0000272_NOV-2022-SS-0007 International Paper_20220411

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500

April 11, 2022

CERTIFIED MAIL 7021 2720 0000 1259 4187
RETURN RECEIPT REQUESTED
International Paper
EHS Remediation
Attn.: Tom Richardson
6400 Poplar Avenue
Memphis, TN 38197

CERTIFIED MAIL 7021 2720 0000 1259 4194
RETURN RECEIPT REQUESTED
International Paper
160 Mine Lake Ct. Ste. 200
Raleigh, NC 27615-6417

SUBJECT: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT
NOV-2022-SS-0007 (Incident No.: 202200160)
Stream Standard Violation - Removal of Best Usage
Stream Standard Violation - Floating solids, settleable solids or sludge deposits
Stream Standard Violation - Oil, deleterious substances or colored or other wastes
PactivEvergreen, LLC– Canton Mill (175 Main Street)
Haywood County, NC.
Haywood County, N.C.
Response deadline: 30 days from Receipt

Dear Mr. Richardson:
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 January 28, 2022, staff of PactivEvergreen reported the presence of material reported as black
liquor visibly present in the streambed substrate of the Pigeon River in the area of a documented
groundwater seep. The groundwater seep reportedly results from the discharge of groundwater
impacted by historic black liquor releases. The groundwater incident is referenced by the lead
regulatory agency, NC Division of Waste Management, as NONCD0001473. On January 31, 2022, staff
of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS),
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April 11, 2022

field-verified the presence of the seep which remained visible in the Pigeon River streambed
substrate until February 11, 2022. The Pigeon River (stream index: 5-(7) is a Class C waterbody.

As a result of the site inspection and file review, the following violations were identified:

VIOLATIONS RELATING TO STREAM IMPACTS AND DISCHARGES
Violation 1: Removal of Best Usage; 15A NCAC 02B .0211 (2) - the conditions of waters shall be
such that waters are suitable for all best uses specified in this Rule. Sources of water pollution that
preclude any of these uses on either a short-term or long-term basis shall be deemed to violate a
water quality standard;
Violation 2: Stream Standard Violation – Floating solids, settleable solids or sludge deposits: 15A
NCAC 02B .0211 (8) – only such amounts attributable to sewage, industrial wastes, or other wastes
as shall not make the water unsafe or unsuitable for aquatic life and wildlife or impairs the waters
for any designated uses.
Violation 3: Stream Standard Violation – Oils, deleterious substances, or colored or other wastes:
15A NCAC 02B .0211 (12) – only such amounts as shall not render the waters injurious to public
health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of
implementing this Rule, oils, deleterious substances, or colored or other wastes shall include
substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining
shorelines, as described in 40 CFR 1110.3(a)-(b), incorporated by reference including subsequent
amendments and editions.

REQUIRED RESPONSE

As a result of the violations cited in this Notice, you are required to provide a written response. The
required response is to be received in this office within thirty (30) days of your receipt of this Notice.
Your response should be sent to this office at the footer address or via email to
[e-mail] . Your response shall provide a narrative addressing each of the following
topics:

1. A surface water sampling plan: An approved surface water sampling shall meet the
following requirements:
a. Determine the constituents of concern which will necessitate sampling and broad
spectrum analyses to include all potential constituents (e.g., Alkalinity, Al, As, B, Ba,
Cl, Co, Color, COD, Cr, Fe, Mn, Na, NH3, Ni, Orthophosphate, Pb, Phenol, Se, SO4,
TKN, VOA, SVOA, Zn, etc.). A complete list of all constituents of concern will be
approved by the Division in collaboration with the Division of Waste Management’s
Inactive Hazardous Sites Branch, the lead agency for the subject release);
b. Monitoring in accordance with 15A NCAC 02B .0211 to accurately characterize total
and dissolved phase metals;
c. Monitoring for the purposes of establishing the mass contaminant loading or flux
through groundwater to the Pigeon River;
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d. Any approved sampling plan must ensure full characterization and monitoring of the
impact to surface waters in various seasons, groundwater flow conditions, river
stage, etc. Sampling may include surface water, groundwater, river substrate (e.g.,
via seepage meter), and seeps;
e. A workplan to survey of the east bank of the Pigeon River to identify all seepage
areas; and,
f. A plan for a toxicity study to evaluate any impact to human health and aquatic life.
The first phase of the study shall evaluate the toxicological impact at the
groundwater discharge location(s). A second phase will be required to determine if
any cumulative impact exists downstream of the groundwater discharge area after
confluence with the NPDES discharge.
2. A sediment sampling plan: The DWR will require the evaluation of a sediment sampling plan
to quantify any impacts to streambed substrate from the discharge of impacted
groundwater; and,
3. A historical summary of any efforts, pilot or otherwise, to contain or treat the impacted
groundwater.

Any sampling plans developed in response to this NOV or other requirement from DWM may be
combined for efficiency, to reduce duplicative efforts and associated costs.

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.

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

Sincerely,

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

Ec: ARO file
Collin Day – NC DWM IHSB
Tom Richardson - International Paper EHS Remediation
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