NC0000272_Other_20240913

RECEIVED
WILLIAM CLARKE
VINCENT D. CHILDRESS, JR.
DAVID L. ENGLISH
KENNETH R. HUNT
DENNIS L MARTIN, JR.
ANN-PATTON HORNTHAL
PHILLIP T. JACKSON
JAMES W K. WILDE
MARY ROBINSON HERVIG
JOHN D. NOOR
KATHRYN MAULTSBY MADISON
L. ASHLEY SAVfLLE-AMTOVVER
SUSAN RUSSO KLEIN
STEVEN W SIZEMORE
CHARLESE.MCGEE
ROBERTS
- STEVENS
ATTORNEYS AT LAW
CITY CENTRE BUILDING
301 COLLEGE STREET, SUITE 400 (28801)
POST OFFICE BOX 7647
ASHEVILLE, NORTH CAROLINA 28802
TELEPHONE [phone]
FACSIMILE (828) 25"955
www.robeds-stevens.com
Writer's Direct No.: 8281258-6919
Writer's E-mail: bclarke*oberts-stevens.com
August 30, 2024
SEP 0 9 2024
NCDEQIDWRINPDES
GRACIE K. PAULSON
CINDY M. RICE
L KATHLEEN POTTER HARGROVE
DAVID C HAWISHER
ABBIE N HORNBERGER
JORDAN P. BARNETTE
CARLY K. GILLINGHAM
BRYANT G. CROSS
BENJAMIN H. VAN STEINBURGH
DENISE A LOCKETT
LANDON ROBERTS, FOUNDER (1921-2007)
JOHN S. STEVENS. FOUNDER (1933-2019)
WYATT S. STEVENS (1969-2024)
Sergei Chernikov, Ph.D Via E-mail to sergei.cliernikov(c,deg.nc.gov &
Environmental Engineer III USPS
Industrial NPDES Permitting
1617 Mail Service Center
Raleigh, N.C. 27699-1617
Re: Transfer of NPDES Permit NC0000272
Dear Dr. Chernikov:
The purpose of this letter is to notify the Division of Water Resources within the North Carolina
Department of Environmental Quality, pursuant to 40 CFR §122.61 that NPDES Permit NC0000272 is
being transferred to TBD Utilities LLC. We understand that the permit may be automatically transferred
under 40 CFR §122.61(b) if the current permittee provides notice at least 30 days in advance of the
planned transfer and includes a written agreement between the existing and new permittees containing a
specific date for transfer of the permit responsibility, coverage, and liability between them. TBD Utilities
LLC plans to acquire the property from Blue Ridge Paper Products LLC on September 30, 2024. Permit
responsibility will transfer to TBD Utilities LLC on that date. A written agreement between Blue Ridge
Paper Products LLC and TBD Utilities LLC regarding the permit transfer is attached.
We understand that the permit is in the process of being modified. We expect that the modified
permit will be issued prior to September 30 and that the modified permit will be the subject of the transfer
described above, but please let its know if there are any other actions needed to address that consideration.
BC/sh
Enclosure
R&S 3458319_1
Sincerely,
ROBERTS & STEVENS, P.A.
1 !
William Clarke

Agreement Regarding Transfer of NPDES Permit NC 0000272
This AGREEMENT made this 30th day of August 2024 between TBD Utilities LLC
('`TBD") with its principal office and place of business being at 41 Main Street, Canton, NC
28716, and Blue Ridge Paper Products LLC ("Blue Ridge"), a wholly owned subsidiary of
Pactiv Evergreen Group Holdings, Inc.
WHEREAS, Blue Ridge is the permittee under NPDES Permit NC 0000272 ("the
Permit") authorizing the operation of a facility for the treatment and discharge of wastewater
from the Canton Mill, a former pulp and paper facility located in Canton, Haywood County, NC
(the "Wastewater Treatment Plant"); and
WHEREAS, the Permit also authorizes Blue Ridge to accept and treat wastewater from
the Town of Canton pursuant to an Agreement between Champion International and the Town of
Canton first entered into in 1964; and
WHEREAS, TBD is acquiring the property formerly known as the Canton Mill including
the Wastewater Treatment Plant from Blue Ridge; and
WHEREAS, TBD plans to continue operating the Wastewater Treatment Plant and to
treat wastewater collected by the Town of Canton; and
WHEREAS, TBD is willing to accept transfer of the Permit and is willing to assume the
rights, obligations and responsibilities in the Permit.
IT IS NOW THEREFORE AGREED AS FOLLOWS:
1. Effective September 30, 2024, TBD will be solely responsible for the operation,
maintenance and repair of the Wastewater Treatment Plant at the Canton Mill
including the obligation to treat wastewater collected by the Town of Canton.
2. TBD will assume all rights and obligations under the Permit effective, September 30,
2024.
R&S 3458319_1

3. Effective September 30, 2024, TBD will be solely responsible for compliance with
the terms and conditions of the Permit and any violations of the Permit occurring on
or after September 30, 2024.
4. Effective September 30, 2024, Blue Ridge Paper Products will assign the contract
with the Town of Canton for wastewater treatment to TBD.
In witness whereof, the Parties have set their hands and seals this 30th day of August, 2024.
TBD UTILITIES LLC
BLUE RIDGE PAPER PRODUCTS LLC
By its Counsel, Wi Clarke
William Clarke
R&S 3458319_1