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NC0000272_Affidavit of Publication_20220401 (2)CITIZEN -TIMES VICKY FELTY Notary Public State of Wisconsin PART OFTHE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY NORTH CAROLINA Before the undersigned.a Notary Public, duly commissioned, qualified and authorized by law to administer oaths, personally appeared said legal clerk, who, being first duly swom, deposes and says: that he/she is the Legal Clerk of The Asheville Citizen -Times, engaged in publication of a newspaper known as The Asheville Citizen -Tames, published, Issued, and entered as first class mail in the City of Asheville, in Buncombe County and State of North Carolina; that he/she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement a true copy of which is attached here to, was published in The Asheville Citizen -Times on the following date(s) 01/27/202t. And that the said newspaper in which said notice, paper, document or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. Signed this 27th of January, 2021 SI" 452 Legal Clerk Sworn to and subscribed before the 27th of January, 2021 Notary trof tate ofWi My Commission expires n, County of (828) 232-5830 1 (828) 263-5092 FAX 14 0. HENRY AVE. 1 P.O, BOX 2090 1 ASHEVILLE, NC 28802 1 (800) 800-4204 DEPARTMENT OF ENVIRONMENTAL QUALITY (DEO) INTENT TO ISSUE NPDES WASTEWATER DISCHARGE PERMIT #NC0000272 WITH PROPOSED REMOVAL OF COLOR VARIANCE PERMIT APPIJCATION Notice Is hereby given In accordance with NC General Statutes (G.S.)1508-21.2 and G.S. 1508-21.3A, G.S. 143-214.1 and federal regulations at 40 Code of Federal Regulations (CFR) 131.20 (b), 40 CFR 131.14 and 40 CFR 25.5 that the DEO, Division of Water Resources (DWR) Intends to emend effluent permit requirements applicable to Blue Ridge Paper Products, LLC. Public comment or objection to the draft permit modification Is invited. All comments received by April 30, 2021 will be considered in the final determination regarding permit issuance and permit provisions. Blue Ridge Paper Products LLC, (d/b/a Evergreen Packaging), Permit Number NC0000272. Blue Ridge Paper Products, LLC Is authorized to discharge wastewater from a facility located at the Blue Ridge Paper Products Wastewater Treatment Plant, off Highway 215 (175 Main Street), Canton, Haywood County, NC to receiving waters designated as the Pigeon River, French Broad River Basin, in accordance with effluent limitations. Some of the parameters are water quality limited. This discharge may affect future allocations in this portion of the French Broad River Basin. The location of the Oute1 is: Latitude: 35032'0B'; Longitude: 82050'42°. The thermal component of the discharge is subject to effluent limitations under Title 15A North Carolina Administrative Code (NCAC) Subchapter 02B .0211(18), which proposes thermal effluent limitations disallowing an exceedaece of 2.8 degrees C (5.04 degrees F) above the natural water temperature, end in no case to exceed 29 degrees C (84.2 degrees F). The permit holder has requested a continuance of a Clean Water Act Section 316(a) variance. 0n the basis of 15A NCAC 02E1 .0208 (b)and other lawful standards and regulations, DWR proposes to continue the 316(a) variance In conjunction with the renewal of the permit. The draft wastewater permit and all related documents are available online at: https://deq.nc.gov/news/evenls/pubiic-notices-hearings. Printed copies of the draft permit and related documents may be reviewed at the departments Asheville Regional Office. To make an appointment to review the documents, please call 828-296.4500. Pubic comment on the draft permit end on the proposed removal of the erdsting color variance should be mailed to: Wastewater Permitting, Attn: Blue Ridge Paper Products Pemib,1617 Mall Service Center, Raleigh, N.C., 27699-1617. Public comments may also be submitted by email to: publiccomments@ncdenr.gov. Please be sure to Include "Blue Ridge Paper Products° In the emall's subject line. COLOR VARIANCE INFORMATION Notice Is also hereby given In accordance with NC G.S. 150B-21.2 and G.S.150B-21.3A, GS.143-214.1 and federal regulations at 40 CFR 131,20 (be 40 CFR 131.14 and 40 CFR 25.5 that the NC Environmental Management Commission (EMC) is requesting comment an removing the color variance from the effluent permit requirements applicable to Blue Ridge Paper Products, LLC. All comments received by Apdi 30,2021 wig be considered. Comments should be mailed to: Wastewater Permitting, Attn: Blue Ridge Paper Products Permit, 1617 Mall Service Center, Raleigh, N.C., 27699-1617. Public comments may also be submitted by emai to: publlcoomments®ncderr.gov. Please be sure to include "Blue Ridge Paper Products" In the emall's subject line. Public records related to the EMC consideration of tee variance are located at: httpslldeq,nc.govlebout/divisions/water-resourcesMreter-resources-commissionsrenvironmental-management-commission-71 BACKGROUND The effluent permit limit requirements applicable to Blue Ridge Paper Products, LLC estabished in compliance with NC G.S.143-215.1, other lawful standards and regulations promulgated and adopted by the EMC, and the Clean Water Act (Ace, as amended, previously contained a variance provision to the state's narrative, aesthetic, water quality standard for color. The variance was granted My 13,1983, by the EMC, under provisions in G.S.143-215.3(e). Further, the variance has been continued under regulations contained In 15A NCAC 02B .0226, Exemptions From Surface Water Quality Standards: "Variances from applicable standards, revisions to water quail), standards or site-specbic water quality standards may be granted by the Commission on a case -by -case basis pursuant to G.S. 143-215.3(e), 143-214.3 or 143-214.1. A listing of existing variances shall be maintained end made available to the public by the Division. Exemptions established pursuant to this Rude shall be reviewed as part of the Triennial Review of Water Quality Standards conducted pursuant 10 40 CFR 131.10(g).' NC DEO DWR has concluded that a variance from the narrative provision at 15A NCAC 028.0211(12), historically interpreted as an Insbeam true color value of 59 platinum cobalt units (PCUI, Is no longer necessary.As outlined in the accompanying supporting materials, significant improvements to the insrream concentrations d odor in the Pigeon River, combined with specific limits an color and an updated reevaluation regarding the narrative provision and protection of the designated uses, support removal or the variance. While 40 CFR Part 131 requires that 'a State may not adopt Water 0ualiy Standard eNQS) variances A the designated use and criterion addressed by the WOS variance can be achieved..." by implementing certain effluent measures, the permit contains technology -based effluent limits (see page 4 of the draft permit) that result In achieving the same goal and are In accordance with the most recent US EPA Technology Review Workgroup recommendations. In addition to the removal of the valance, the 2020 draft permit indudes monitoring requirements that the facility meet a monthly average delta (A) Color of 50 PCU at the Fberviiie Bridge, when the Pigeon River flow at Canton is equal or above the Monthly 3002 flow of 129 cubic feet per second. Previously, a Settlement Agreement between NC, Tennessee (TN), and the US Environmental Protection Agency (EPA) required that the facility meet an inslream color o150 PCU at the TN/NC state line, located approximately 40 river m(es below the discharge. A summary of the history of the vadance, review d applicable regulations, and a reevaluation o1 the stream conditions is located at. https://deq.ne.goe/newsleventsl public -notices -hearings RECOMMENDATION In accordance with state and federal regulations, the proposed variance modif.cation to the permit is effectively a change to water quail), standards and subject to public hearing. Under 40 CFR Part 131.14 (b)(1)(v) the state has reevaluated the Color Variance, examined the highest attainable condition using all existing and readily avaiable information and, now, provides notification to obtain public input on this reevaluation, to confirm the finding that the present condition for color corresponds to meeting the applicable criterion at 15A IJCAC 02B .0211(12) end that a variance Is no longer required for this facility per the Intent of 40 CFR Pal 131. Upon completion of the review process, and certification under 40 CFR Part 132.5(b)(2) from the State's Attorney General's office that proper notification has been given, the results of the EMC decisions will be submitted to the EPA for action. ONUNE PUBLIC HEARING In the abundance of caution, and to address protective measures to help prevent the spread of C0VID-19, the hearing will be held online. Date: April 14, 2021 Time: 6 pm WebEx link httpsl/ncdenrits.webex.coneIncdenrits/onstage/g.php?MTID=e6dd914ab0c9b2593dbb23321a36af245 WebEx password: Nc28CEzm7P2 Webb( phone number. 1-415-655-0003 WetEx access code: 171 787 6586 (Please see Information below regarding registering for, joining, and commenting at the public hearing.) REGISTRATION To register for the hearing and provide your preference regarding speaking at the hearing, please visit: https://forms.office.tarn/Pages/ResporsePage.aspxeld=31F2etC5mkSFw-zebNRGRcM2xmuseR0iks3JDOp2_RURJJSWUpMRThRSURXVeA5WFU5MkdelUzk1UC4u t' Or scan the following OR code with your phone: Regislnaton must be completed by 12:00 pm on Apri 14, 2021. it you have any problems registering online, please call 919-707-9011 or email peterjehrmtoe ncdenr.gov by the registration deadine of 12:00 pm on January 20, 2021. The Division of Water Resources highly recommends testing your computer's WebEx cepabiftles prior to the hearing at https://www.webex.comftest-meeling.html. For instructions about digital ways to join the public hearing, please refer to the WebEx Help Center online at https://help.webeiccomlen-us/. To comment during the hearing after your name is called as a registered speaker and/or after the hearing officer asks If any people wish to comment followng the registered speakers: -1f you join the hearing by phone, press '3 to "raise your hand," speak, and press "3 to "lower your hand." - If you join the hearing online, press the "raise your hand' icon, speak, and press the "lower your hand' icon. • The Hearing Officer may limit the length of time that you may speak, so that all those who wish to speak may et so.