NC0000272_All Jan - Apr 2021 Comments_Part 2 V2_20220401

From: frodaddv125@ evervactioncustom.com on behalf of Charlie Froelich
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:17 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Charlie Froelich
16 Heather Mist Dr Weaverville, NC 28787-8000
[e-mail]

From: [e-mail] on behalf of Art Smoker
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:19 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Art Smoker
284 Arrowood Corner Rd Mars Hill, NC 28754-9143
[e-mail]

From: terriavlor(caevervactioncustom.com on behalf of Teresa Froelich
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:22 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Teresa Froelich
16 Heather Mist Dr Weaverville, NC 28787-8000
[e-mail]

From: [e-mail] on behalf of Cathy Nieman
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:25 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Cathy Nieman
312 Ivy Hill Rd Weaverville, NC 28787-9652
[e-mail]

From: [e-mail] on behalf of Michael E Beech
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:26 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
I am writing today to address The draft wastewater discharge permit for Blue Ridge Paper Products which I see as a
step backwards when it comes to water quality and the health of the Pigeon River. With a new administration much
more interested in water and air quality, I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept anent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).

Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Michael E Beech
111 Ashwood Ln Asheville, NC 28803-8634
[e-mail]

From: robert(aevervactioncustom.com on behalf of Robert Eidus
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:28 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Robert Eidus
300 Indigo Bunting Ln Marshall, NC 28753-6522
[e-mail]

From: [e-mail] on behalf of Leslie Lane
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:32 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Leslie Lane
72 Tremont St Asheville, NC 28806-4248
[e-mail]

From: [e-mail] on behalf of Jennifer DiMarco
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:37 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Jennifer DiMarco
1715 Kool Park Rd NE Hickory, NC 28601-8276
[e-mail]

From: aimeeoallozzi(&evervactioncustom.com on behalf of Aimee Pallozzi
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 8:58:43 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Aimee Pallozzi
20 Whitted Kill Candler, NC 28715-9201
[e-mail]

From: [e-mail] on behalf of S.Nam.
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 22, 2021 12:43:31 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
S. Nam
165 Bennett Ave Apt 4L New York, NY 10040-4080
[e-mail]

From: kemmanuele©everyactioncu__stom.com on behalf of kurt emmanuele
To: Chernikov, Sergei
Subject: [External] We needed stricter discharge allowances for our precious Pigeon River. We want it cleaner, not dirtier.
Thanks.
Date: Friday, January 22, 2021 8:57:48 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:[e-mail]>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Department of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).

Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
kurt emmanuele
171 Baylor School Rd Chattanooga, TN 37405-2506
[e-mail]

From: [e-mail] on behalf of Carol Reed
To: Chernikov, Sergei
Subject: [External] Blue Ridge Paper Products and Pollution Control, NC #0000272
Date: Monday, January 25, 2021 8:38:42 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
I first saw the Pigeon River in 1960. What a beautiful memory to hold in my mind and heart for so many years.
Clean, clear, and life-giving. However, the draft wastewater discharge permit for Blue Ridge Paper Products is a
step backwards when it comes to water quality and the health of the Pigeon River. I ask you to revise the permit to
meet the goals of the Clean Water Act to make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept anent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
I hope you address and correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).

Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Carol Reed
524 Sweet Spire Rdg Asheville, NC 28804-6200
[e-mail]

From: themontfordanglerOeveryactioncustom.com on behalf of Joseph Spencer
To: Chernikov Seraei
Subject: [External] Find a balance between water quality and economic stability: Blue Ridge Paper Products, NC
#0000272
Date: Monday, January 25, 2021 8:39:13 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:[e-mail]>
Dear Water Resources Sergie Chernikov,
Hello,
I am a frequent visitor to the Pigeon river, both above and below the paper mill. I enjoy boating, swimming, fishing,
and just being next to this body of water. I take my clients fishing along it's banks, and my kids tubing down the
river. I want what's best for the people of Canton, and I want to preserve the quality of this water shed. For this
reason, please consider the aforementioned information regarding implantation of policy to protect this watershed.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Department of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.

The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Joseph Spencer
52 Highland St Asheville, NC 28801-1809
[e-mail]

From: elienellie4(alevervactioncustom.com on behalf of Claudia Nix
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:38:36 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Claudia Nix
72 Sherwood Rd Asheville, NC 28803-2437
[e-mail]

From: [e-mail] on behalf of Christine B.
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:38:45 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Christine B.
726 Longford Dr Gastonia, NC 28056-3900
[e-mail]

From: Ldeitemev(@evervactioncustom.com on behalf of Laura Staples
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:38:48 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Laura Staples
5792 Whistlewood Cir Sarasota, FL 34232-6018
[e-mail]

From: [e-mail] on behalf of Ada Khoury
To: Chernikov Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:38:54 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Ada Khoury
128 Blackberry Inn Rd Weaverville, NC 28787-9710
[e-mail]

From: me [e-mail] on behalf of David Miller
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:38:58 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
David Miller
530 Brasstown Acres Brasstown, NC 28902-4504
[e-mail]

From: [e-mail] on behalf of mike rowe
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:39:01 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
As an NC resident, an avid fisherman on the Pigeon River and a kayker on the Pigeon I strongly oppose any
loosening of regulation of point sources on this river. The draft wastewater discharge permit for Blue Ridge Paper
Products is a step backwards when it comes to water quality and the health of the Pigeon River. I ask you to revise
the permit to meet the goals of the Clean Water Act to make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept ltnent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).

Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
mike rowe
14 Parkside P1 Asheville, NC 28804-1324
[e-mail]

From: victoria estesevervactioncustom.com on behalf of Victoria Estes
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:39:04 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Victoria Estes
1884 Brevard Rd Arden, NC 28704-9488
[e-mail]

From: [e-mail] on behalf of Donna Oliver
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:39:05 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Donna Oliver
300 Caroline St Gastonia, NC 28054
[e-mail]

From: janice.stevenson80(aevervactioncustom.com on behalf of Janice Stevenson
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:39:10 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Rivers are for all of us to use and enjoy. The life of the Pigeon River depends on all parties' taking a share of
responsibility. Thank you.
Sincerely,
Janice Stevenson
21 Von Ruck Ter Asheville, NC 28801-2027
[e-mail]

From: [e-mail] on behalf of Victoria Reiser
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:39:16 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Victoria Reiser
387 Stoney Fork Rd Barnardsville, NC 28709-9799
[e-mail]

From: rodthomoson377(aevervactioncustom.com on behalf of Rodney Thompson
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, January 25, 2021 8:38:39 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Rodney Thompson
125 Oakwood Dr Newport, TN 37821-7009
[e-mail]

From: [e-mail] on behalf of Susan White
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Tuesday, January 26, 2021 9:02:56 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Susan White
27 Bartlett St Sylva, NC 28779-2539
[e-mail]

From: terrvlvnnemarshall(c�evervactioncustom.com on behalf of T Marshall
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Tuesday, January 26, 2021 3:54:19 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
Dearest DEQ:
Please acknowledge that money is not the priority, human life must be protected. The Pigeon River is a precious
life preserving waterway.
When you kill the environment you are slowly killing yourself.
Better monitoring is a critical step for a bright future. Enhancements of the following are a necessity. 1-The
wastewater treatment plant must be improved pertaining to violations for fecal coliform, total suspended solids and
biological oxygen demand as well as discharge of chloroform. Stop the discharge of more cancer causing chemicals
into the Pigeon River. And other clean water standards. 2-Water Temperature regulation, 3-Dioxin monitoring must
not change and needs to be increased.
Blue Ridge Paper Products has a long history on the Pigeon River in Canton. We use to smell the toxins when I
was a child. Protect the peoples jobs as well as their health
Thank you for your time and consideration of these important issues.
Sincerely,
T Marshall
734 Pleasant Hill Rd Blairsville, GA 30512-2240
[e-mail]

From: [e-mail] on behalf of Arron Lemmer
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:16 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
I've recently relocated back to my birthplace and I am very saddened by the state of the pigeon river. I dream f the
day this body of water will be fish/ swimable again ... I understand that the mill is a source of income for some and a
failing utility structure for many. If it is to continue to serve it's community though, it should be held to a standard
which in turn , serves the community in which it is based as well as insuring the safety and protection of all wildlife
and communities downstream.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Department of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.

The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Arron Lemmer
1078 Maple Springs Dr Waynesville, NC 28785-8376
[e-mail]

From: [e-mail] on behalf of Riley Stringer
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:24 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Riley Stringer
101 Belle Meade Dr Waynesville, NC 28786-1904
[e-mail]

From: [e-mail] on behalf of mauirce hartman
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:24 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
mauirce hartman
282 Roberts Rd Murphy, NC 28906-4404
[e-mail]

From: docmccurd(aevervactioncustom.com on behalf of Nancy mccurdv
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:33 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Nancy mccurdy
5337 Antigua Cir Vero Beach, FL 32967-7610
[e-mail]

From: [e-mail] on behalf of Cliff Kevill
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:36 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Cliff Kevill
151 Hyatt Rd Bryson City, NC 28713-8013
seasquirt@earthlink net

From: aailkinstler(&evervactioncustom.com on behalf of Gail Kinstler
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:43 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Gail Kinstler
378 Hurrah Rdg Scaly Mountain, NC 28775-5503
[e-mail]

From: [e-mail] on behalf of Lynda Armona
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:45 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Lynda Armona
1209 Summit Way Blairsville, GA 30512-8909
[e-mail]

From: evelvn3226Ca�evervactioncustom.com on behalf of Evelyn Coltman
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:47 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Evelyn Coltman
90 Evergreen Cir Waynesville, NC 28786-7508
[e-mail]

From: swilliams330C�evervactioncustom.com on behalf of Susan Williams
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:50 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
As a resident of Haywood County, I have seen the progress during the last 40 years in cleaning up the Pigeon River.
Now is NOT the time to go backwards in protecting water quality! Anti -regulators and pro -business factions have
pushed for these kind of retrograde policy decisions, but these factions do not represent the majority of Americans
who want CLEANER water and air, for that matter. Have some courage, some vision, and do the right thing!
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Department of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer

causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Susan Williams
173 Blue Rdg Clyde, NC 28721-6342
[e-mail]

From: bbrookshire@@evervactioncustom.com on behalf of Becky Brookshire
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:53 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Becky Brookshire
3187 Anderson Branch Rd Marshall, NC 28753-6300
[e-mail]

From: micahbenavft1evervactioncustom.com on behalf of Micah Fritoq
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, January 27, 2021 9:27:18 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Micah Fritog
130 Lynn Cove Rd Asheville, NC 28804-1911
[e-mail]

From:
To:
Subject:
Date:
Lise Gregory
SVC DENR.Dubliccomments
[External] Blue Ridge Paper
Thursday, January 28, 2021 6:08:40 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hello,
The Evergreen Plant in Canton is up for its wastewater renewal permit. I believe that
Evergreen should be required to improve the water quality of the Pigeon River below
the mill. As much as the water quality has improved in recent decades, it still has a
long way to go. I live within walking distance of the river (in Crabtree) and the water
still has an odor. Additionally, when the water level is low, there is a very distinct
reddish brown hue to the water. More and more Haywood County residents are using
the Pigeon River for recreation and it is imperative that the water quality is safe. If the
fish population (specifically bass and trout) continues to increase as a result of
improved water quality, it will be beneficial to Haywood County from the perspective
of outside revenue/tourism. This is a beautiful place to live...let's make it even better.
Thank you for your time.
Sincerely,
L. Gregory
Clyde, NC 28721

From: [e-mail] on behalf of Paul Kootak
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, January 28, 2021 8:55:42 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
I write as a resident of Western North Carolina, Waynesville to be exact.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept l.ment of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).

Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Paul Koptak
1267 Walker Rd Waynesville, NC 28786-7858
[e-mail]

From: [e-mail] on behalf of Kristin Shepard
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, January 28, 2021 8:55:48 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
As a resident (and voter) in Western North Carolina, I urge you to act now to curb the harm caused by our polluted
air and water.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Depai anent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily

maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Kristin Shepard
90 Swannanoa Ave Asheville, NC 28806-4459
[e-mail]

From: karirichmond(aevervactioncustom.com on behalf of Kari Richmond
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, January 28, 2021 8:55:54 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
I have lived near the Tennessee and North Carolina Smoky Mountains for 44 of my 45 years of life and have loved
these mountains, streams, and historic places ever since I was old enough to stand on my own feet to explore them.
The health of the Pigeon River, which I have played in and rafted on many times, has concerned me ever since I
understood pollution and the presence of the Paper plant. As an Asheville resident for 20 years, I sometimes smell
the fumes from the paper plant when the wind is blowing this way, and I always feel concern for the air and water
affected by the plant. I now take my own kids to hike the mountains and play in the streams that we all love.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I urge you to revise the permit to meet the goals of the Clean Water Act
to make our River be fishable and swimmable.
We must reduce permit discharge limits over time. The draft permit as proposed by the Depai linent of
Environmental Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and
allowing for more pollution to be discharged to the river.
Please correct these:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is proposed. Current monitoring requires monitoring
3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for two reasons.
The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring on at least
the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly, the permit
renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That means, if new
sampling is conducted only once in the next five years, that could mean that we only have one sample in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer

causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Kari Richmond
11 Talmadge St Asheville, NC 28806-2914
[e-mail]

From: snoodgirl19550everyactioncustom.com on behalf of Myrtle Kinvon
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, January 28, 2021 8:55:59 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Myrtle Kinyon
18 Commons Way Apt 102 Waynesville, NC 28786-6853
[e-mail]

From: sidi0000everyactioncustom.com on behalf of Sam Hafez
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, January 28, 2021 8:55:44 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Sam Hafez
140 Banjo Hollow Ln Waynesville, NC 28786-6190
[e-mail]

From: rebekah asbury
To: SVC DENR.oubliccomments; Chernikov, Sergei; [e-mail]
Cc: Gabriel Asbury
Subject: [External] PERMIT NUMBER NC0000272 for Blue Ridge PaperProducts
Date: Friday, January 29, 2021 8:00:08 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
I am writing to ask that permit number NC0000272 be strengthened to promote the health of both the Pigeon River
and the communities along its banks.
More specifically, I ask that you do NOT delete the color variance requirements. Also I ask that you reduce the
temperature requirements of discharge to no more than 37 degrees hotter than the water in the river. If most of the
mills in NC already abide by this temperature regulation, Blue Ridge Paper should, as well.
Cocke County, Tennessee - where I live and work - is one of the most economically depressed regions of the state.
One bright spot in recent years has been the revenue created by rafting business. Blue Ridge Paper Products should
not be allowed to jeopardize this seasonal economic growth in any way. They can afford to meet the standards set
forth by the EPA in 1987. They can afford to do much better than the proposed permit requires.
The Pigeon River has been polluted for over 100 years. The people and ecosystems of east TN have suffered for the
gain of paper mills that have directly benefited western NC. The mistakes and excuses of the past should not be
allowed to continue.
Thank you for your consideration.
Sincerely,
Rebekah Asbury
Sent from my iPhone

From: rebekah asbury
To: SVC DENR.oubliccomments; Chernikov, Sergei; [e-mail]
Cc: Gabriel Asbury
Subject: [External] PERMIT NUMBER NC0000272 for Blue Ridge PaperProducts
Date: Friday, January 29, 2021 8:00:07 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
I am writing to ask that permit number NC0000272 be strengthened to promote the health of both the Pigeon River
and the communities along its banks.
More specifically, I ask that you do NOT delete the color variance requirements. Also I ask that you reduce the
temperature requirements of discharge to no more than 37 degrees hotter than the water in the river. If most of the
mills in NC already abide by this temperature regulation, Blue Ridge Paper should, as well.
Cocke County, Tennessee - where I live and work - is one of the most economically depressed regions of the state.
One bright spot in recent years has been the revenue created by rafting business. Blue Ridge Paper Products should
not be allowed to jeopardize this seasonal economic growth in any way. They can afford to meet the standards set
forth by the EPA in 1987. They can afford to do much better than the proposed permit requires.
The Pigeon River has been polluted for over 100 years. The people and ecosystems of east TN have suffered for the
gain of paper mills that have directly benefited western NC. The mistakes and excuses of the past should not be
allowed to continue.
Thank you for your consideration.
Sincerely,
Rebekah Asbury
Sent from my iPhone

From: msciazaille(aevervactioncustom.com on behalf of Makenna Gazaille
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, January 29, 2021 9:23:25 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Makenna Gazaille
106 Jonestown Rd Asheville, NC 28804-3008
[e-mail]

From: indigosarahncCaevervactioncustom.com on behalf of Sarah Blankenship
To: Chernikov, Sergei
Subject: [External] Re: Request of the DEQ to consider strengthening regulations for Blue Ridge Paper Products
Date: Friday, January 29, 2021 9:23:30 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask the DEQ to revise the permit to meet the goals of the Clean Water
Act to make our River be fishable and swimmable.
I would request that the DEQ:
.... set a daily average temperature limit for the mill to ensure that aquatic life is protected and future fish kills are
avoided.
maintain the same dioxin sampling schedule of three times within every five years.
require significant improvements to the wastewater treatment plant to ensure the river and downstream river
recreation users are protected from harmful and dangerous levels of bacteria in the river.
....reduce the allowable discharge of chloroform and any other possible carcinogens.
Thank you for your time and consideration of these important issues.
Sincerely,
Sarah Blankenship
360 Southfield Dr NC28902 Brasstown, NC 28902-7901
[e-mail]

From:
To:
Subject:
Date:
Cameron Lail
SVC DENR.publiccomments
[External] Blue Ridge Paper
Saturday, January 30, 2021 3:41:09 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
To whom this may concern,
I am a Canton, NC resident and 21 years old. I grew up in Haywood County and have lived in
Canton for a while. The paper mill is a large pollution source and continues to pollute the
Pigeon River. I believe the new permit for the paper mill should requre the color variation
portion to ensure the river doesn't get more contaminated. The environment needs to be taken
care of and we should be taking steps forward not steps backward. Tourism is a major
economic driver for the mountains and every summer I see people tubing and kayaking in the
Pigeon River. The mill does provide jobs but that cannot be an excuse to allow the mill to
further pollute the river and surrounding area.
Thank you,
Cameron Lail
Canton Resident

From:
To:
Subject:
Date:
Philip Royer
SVC DENR.publiccomments
[External] Blue Ridge Paper Products, NC #0000272 - Pigeon River
Monday, February 1, 2021 12:06:25 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
I urge you to DENY any new color variance to the Blue Ridge Products permit.
When will EPA and North Carolina ever admit that the Blue Ridge Products in Canton
is simply too much paper mill on too little river? If the Pigeon River flowed completely
inside North Carolina, the mill would have been closed long ago.
It's Deja Vu all over again. We fought this war with Champion 30 years ago, and that
partial victory is the reason that the Hartford, TN Pigeon rafting business exists today.
Before that no one would have dared get in the nasty brown Pigeon. NC
masquerades as an environmentally responsible state, except for the dirty little
secret, their Pigeon River "sewer" that flows into TN and has crippled Cocke County
for 100 years. Hang tough. No more pollution, color or otherwise, in the Pigeon!
Philip Royer
philip.royerPasgarch.com
322 Triplett Lane, Knoxville, TN 37922
Also:
2004 Barnes Valley Road, Cosby, TN
865-470-9669 1 865-599-8245 cell

From: Scott Porch
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper Products, NC #0000272
Date: Monday, February 1, 2021 8:00:36 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Do not allow removal of color variance. Please protect Tennessee water system.
Sent from my iPhone

From: matthew.feeltheburn©everyactioncustom.com on behalf of Matthew Blackburn
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, February 3, 2021 8:45:48 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Matthew Blackburn
67 Rolling Green Dr Waynesville, NC 28786-2659
[e-mail]

From: [e-mail] on behalf of Robert Villers
To: Chernikov Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, February 3, 2021 8:48:02 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Robert Villers
192 Flat Rock Dr Denver, NC 28037-6110
[e-mail]

From: glennliming70(Tevervactioncustom.com on behalf of Glenn Liming
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Wednesday, February 3, 2021 8:45:53 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Glenn Liming
2 Josie Ln Asheville, NC 28804-9794
[e-mail]

From:
To:
Subject:
Date:
William Snow
SVC DENR.publiccomments
[External] Blue Ridge Paper
Thursday, February 11, 2021 12:50:20 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
I worked as a guide on the Pigeon River in Hartford, TN for 4 years between 2015-19. I can
say without a doubt it is one of the dirtiest rivers that I have had the experience of being one.
There is much room for improvement when it comes to the rules and regulations for dumping
wastewater into the river. Tighter rules when it comes to what is allowed to be dumped and the
temperature and color variance allowed would go a long way to improving the long term
health of the Pigeon.
Any clothes that I wore on the river were usually thrown away at the end of guiding season
due to the stink and stains that could not be washed out. I've gone on trips on numerous other
rivers in different parts of the country and never had problems with my gear retaining a stink.
That's something the Pigeon alone is responsible for. Other guides I worked with struggled
with infected cuts, foot rot and other rashes from working on the Pigeon. I even had customers
ask "what's that smell?" when we got to the put in for our rafting trips.
The Pigeon has improved a lot since the 70's and 80's. Pushing for tighter regulations will only
help it improve more. It was always disheartening to stand at the confluence of Big Creek and
the Pigeon, look up Big Creek at its crystal clear, cold water and wonder how the Pigeon
would look if a more responsible approach to wastewater had been taken.
Thanks
William Snow

From:
To:
Subject:
Date:
Melissa Prosnak
[e-mail]; Chernikov, Sergei
[External] Concerns about PERMIT NUMBER NC0000272 for Blue Ridge Paper Products
Thursday, February 25, 2021 10:41:46 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hello Dina and Sergei,
I am concerned that the new permit being issued to Blue Ridge Paper Products is not in
accordance with EPA Clean Water Act Guidelines. Why should this company be allowed to
violate an act that affects everyone downstream? I am specifically concerned this permit will
not address the color discharges to the river and the high temperature that's I'll be allowed to
be discharged. Please reconsider adding and making these two points more stringent. There
are many cost effective methods to reduce the discharge that are in accordance with CWA.
Specific Measures that need to be addressed in the permit: the reduction in temperature of
discharge and a daily temperature limit, a specific color limit or parameter that increases the
clarity of discharge color reducing the release of toxic, cancer- causing chemicals into the
river.
The pigeon rivers history is a dark and muddy one but the future does not have to reflect that.
With stricter regulations for Blue Ridge Paper company the Biodiversity and life in the Pigeon
River will return and it's dirty legacy would end. Please for myself and for the health and
enjoyment of the families downstream, consider adding these aspects back into the permit for
Blue Ridge Paper Products.
Thank you,
Melissa Prosnak

From: DUP.CROSSON a@ evervactioncustom.com on behalf of Dui) Crosson
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, February 25, 2021 10:06:11 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
One of the most depressing scenes I've ever witnessed was my first time looking at the Pigeon River in Canton,
Election Day 2004. I was so stunned that such a devastated waterway and landscape went right through town and
was allowed to remain. The scene drastically influenced my later degree and work in environmental policy.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Department of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6

monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Dup Crosson
5951 Marshall St Oakland, CA 94608-2219
DUP. CRO S S ON@GMAIL. COM

From: melissa ottem
To: SVC DENR.oubliccomments
Subject: [External] NC0000272 permit
Date: Sunday, February 28, 2021 8:30:49 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
I am sending this email about my concern regarding the upcoming change to the variance. Please do not remove the
variance.
Thank you for your time
Melissa Ottem
Sent from my iPhone

From: lauraarmour4567C�evervactioncustom.com on behalf of Laura Armour
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Tuesday, March 9, 2021 10:42:05 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Laura Armour
206 Mulligan Dr Clyde, NC 28721-4401
[e-mail]

From: [e-mail] on behalf of Patricia Stone
To: Chernikov Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Tuesday, March 9, 2021 10:42:44 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The following information provided is correct and accurate, and I agree 100%. I would like to add that we all
should be moving forward to find those processes that help return our land to more of its pristine nature. We've
already come this far; we shouldn't be afraid to go farther. Let's not give up and go backwards.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Department of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6

monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Patricia Stone
152 Sherman Way Waynesville, NC 28786-9227
[e-mail]

From:
To:
Subject:
Date:
Alan Solomon
SVC DENR.oubliccomments
[External] Blue ridge paper products
Sunday, March 14, 2021 11:05:12 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Dear Sirs:
I wish to express my strong objection to your renewal Blue Ridge Paper 's NPDES permit. For you to
allow Blue Ridge to discharge their waste into the Pigeon River is an environmental as well as a
public health disaster.
Yours truly,
Alan Solomon, MD
Sent from Mail for Windows 10

From: Katie Tobin
To: SVC DENR.publiccomments
Subject: [External] Blue ridge paper
Date: Monday, March 15, 2021 8:19:49 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Please don't allow the blue ridge paper permit to allow more toxins into our water as the proposed change in the
2010 vs 2021 permit application requests, and also please require daily discharge water temperature updates, as
opposed to monthly, in the 2021 permit and going forward.
Thank you.

From: [e-mail] on behalf of Amanda Levesaue
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, March 18, 2021 8:49:43 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Amanda Levesque
1 Battle Sq Apt 309 Asheville, NC 28801-2740
[e-mail]

From: [e-mail] on behalf of Alvssa Melton
To: Chernikov. Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, March 18, 2021 8:49:49 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Alyssa Melton
1 University Hts Asheville, NC 28804-3251
[e-mail]

From: Ibo.boggess@ evervactioncustom.com on behalf of Laura Boggess
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, March 18, 2021 8:49:52 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Laura Boggess
501 Bailey St Mars Hill, NC 28754-6209
[e-mail]

From: [e-mail] on behalf of Catherine Rosfiord
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, March 18, 2021 8:49:48 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Catherine Rosfjord
1110 Chicory Ln Asheville, NC 28803-1988
[e-mail]

From: plux363C�evervactioncustom.com on behalf of Patricia Lux
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, March 19, 2021 10:16:38 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Patricia Lux
32 Hermitage Ln Weaverville, NC 28787-8933
[e-mail]

From: [e-mail] on behalf of Lenore Madeleine
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, March 22, 2021 8:22:29 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Lenore Madeleine
700 Vista Lake Dr Apt 308 Candler, NC 28715-7191
[e-mail]

From: [e-mail] on behalf of Scott Miller
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, March 22, 2021 8:22:33 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Scott Miller
72 Montana Ave Asheville, NC 28806-4149
[e-mail]

From: [e-mail] on behalf of Jennifer Murphy
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, March 22, 2021 8:22:40 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
I care about the health of the river, it's creatures, and the community around it for many reasons. The Pigeon River
provides excellent rafting and water activities that directly support my friends who are river guides, as well as the
regional economy which benefits from tourism dollars spent here. The many beautiful and unique species that live
only in southern Appalachian rivers and riparian zones deserve better. The pursuit of profits over people and planet
should no longer be propped up, through deregulation and otherwise.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Department of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In

this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Jennifer Murphy
95 Blue Ridge Ave Asheville, NC 28806-3142
[e-mail]

From: [e-mail] on behalf of Ursula Murphy
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Monday, March 22, 2021 8:22:32 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. Please revise the permit to meet the goals of the Clean Water Act to make
our River be fishable and swimmable.
Why not slowly reduce permit discharge limits over time? The draft permit as proposed by the Depar linent of
Environmental Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and
allowing for more pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Ursula Murphy
296 State St Asheville, NC 28806-4009
[e-mail]

From:
To:
Subject:
Date:
john mcpherson
SVC DENR.publiccomments
[External] "Blue Ridge Paper Products"
Tuesday, March 23, 2021 9:21:43 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
I work as a river guide on the Pigeon river and am concerned about the pollution from the
paper mill. Please consider limiting or not renewing this permit.

From: Crustal Novotny
To: SVC DENR.oubliccomments
Subject: [External] Blue Ridge Paper Mill Permit
Date: Tuesday, March 23, 2021 8:24:44 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Good Morning
I am the owner and local of a whitewater rafting company on the beautiful Pigeon River.
The now very much alive Pigeon River that was once so polluted by the Same Paper Mill that it was a Dead river.
That same Paper Mill dba as Evergreen Packaging is reapplying for its regulations of discharge and color variances
to be removed from or "lessened" in its permit.
Please do not allow this.
This company has Polluted the headwaters in North Carolina for years and years and years.
Finally when they are regulated and they are having to obey the environmental laws they are now seeking to change
that so they can once more pollute the river, any amount of pollution is pollution in our river in our drinking water.
The pigeon river is not just used for recreational use and although my business depends on this river it runs into the
French Broad river which is then used for drinking water for Cocke County.
I plead with you to please Not allow the paper mill to remove any of its regulations.
It actually needs more added not removed.
Best,
Crystal Novotny
Rip -Roaring Whitewater Adventures
1-800-449-RAFT

From:
To:
Subject:
Date:
Spring Duckett
SVC DENR.publiccomments
[External] Blue Ridge Paper Products permit NC#0000272
Tuesday, March 23, 2021 2:27:38 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
To Whom it May Concern:
In response to your request for public comments concerning the draft NPDES permit
for the above reference application:
I am a permanent resident of Cosby/Hartford, Tennessee with residential property just
3 miles from the Pigeon River in Cocke County, TN. I am an avid outdoorswoman,
angler, freshwater recreation enthusiast, and clean water advocate. I am a daughter,
and a mother, which means that I currently represent 3 generations, ranging from 7
years old to 75 years old, that enjoy access to the Pigeon River.
Since the Pigeon River flows into Tennessee from North Carolina, I am keenly
interested in upstream discharges into the river that may affect its water quality. It is
my opinion and serious concern that some of the changes to the Blue Ridge Paper
draft NPDES permit will impact the water quality of the river in Tennessee.
Below are specifics that I feel need addressed:
1
Color Variance
I believe color is still objectionable in the Pigeon River in Tennessee.
Unfortunately, the draft permit proposes to eliminate the color variance. As
stated in "Conclusions/Recommendations" in the History of NPDES Permit for
Blue Ridge Paper, LLC, document, based in part on "the increased use of the
river for recreational purpose[s], and facility requested removal of the Color
Variance applicable to their permit," the color variance would be discontinued.
The Division believes that "the facility has achieved compliance with the
intention of the NC narrative water quality standard at 1A-NCAC-02B-.0211
and is no longer eligible to continue the variance."
Ironically, North Carolina submits that the success of the color variance is
grounds for eliminating it, ignoring that additional improvement can and should
be achieved. The color variance has been the foundation for the continued
health and environmental improvement of the river over many years and there
is continued necessity for the variance. Removal of the color variance will

simply kneecap the river's further progress. It appears North Carolina has
declared victory and gone home when the battle is not yet won. It is also easy
to see the huge difference in the color of the waters of the river above stream,
and below stream, of the paper plant.
The NCEQ has a regulatory, fiduciary duty to protect the Pigeon River and the
proposed color variance removal will retard rather than enhance the water
quality parameter for color. The Division's rationale itself notes that EPA
translated a narrative standard to a numeric value for the Pigeon River in the
early 1980's, determining "an instream standard of 50 PCU (platinum -Cobalt
units)." The Division's rationale recognizes that "in absence of acceptable site -
specific color perception studies, North Carolina DEQ is forced to use 50 PCU
as the de facto instream color standard" (emphasis in original). The Division's
proposal contradicts the "de facto instream color standard" that its rationale
recognizes and abrogates EPA's color standard would be legally questionable.
It is by utilization of the 50 PCU standard that there has been such remarkable
success in cleaning up the Pigeon River over the past several decades. The
color standard has acted as a safeguard and catalyst for the progress. If this
mill is to keep discharging, the color variance continues to be required
under rules of the Clean Water Act and so should not be removed.
The existing NPDES permit for this facility was issued in May 2010. Federal
regulations require these types of permits shall be reviewed and reissued at five
(5) year intervals. An eleven (11) year interval for review and public comment of
this permit is not acceptable. This delay in reissuance has not allowed for
the public to make timely comments about the allowable discharges from
Blue Ridge Paper Mill.
The 2010 NPDES permit calls for the papermill to submit reports to the State of
North Carolina detailing any spills associated with color within the plant or
proposed improvements at the facility. I respectfully request copies of these
reports for review and the required investigation of improved color
removal technology that was to be conducted once during the term of the
permit.
The draft permit calls for an increase in withdrawal from the Pigeon River at the
plant from 29.9 mgd to 34 mgd. The summer 7Q10 at this location is 52 cfs (34
mgd). The Town of Canton's water treatment plant can process up to 4.0 mgd.
This permit would allow the plant and Town to withdraw the entire flow from the

5.
river during low flow conditions before discharging treated wastewater back into
the stream. This increase in flow withdrawal should not be permitted.
The proposed permit does not include maximum allowable concentrations for
BOD5, total suspended solids, total nitrogen and total phosphorus. This permit
should include these values in order to continue to protect the health of
the Pigeon River.
I have been unable to find evidence that shows that the newest permit will be any
marked improvement from the last permit that was issued, and if you have actual
evidence I would love to receive copies of it. While I am not a scientist, I am fairly
educated (I have a bachelor's in green and sustainable enterprise management) and I
am under the impression that environmental accountability and responsibility are not
unreasonable expectations of corporations such as Evergreen, but rather ethical
requirements to navigate today's business models - that take much more than just
profit into consideration as the "bottom line". In addition, I am confident that the
choice by NPDES to allow Blue Ridge Paper to continue to operate under current
conditions would be ignoring environmental accountability considering the ample
scientific evidence of the impacts of industrial waste on water quality, ecosystems
(and all inhabitants), and the public (including but not limited to health, financial
values, recreational uses). It is the responsibility of NPDES to hold businesses
accountable and protect the natural resources of their jurisdiction, period. This should
not be in debate, yet the record seems to historically reflect a different stance.
I look forward to amendments being made to the current permit that reflect
measurable improvements in environmental accountability prior to the permit being
renewed.
Sincerely,
Laurie T. Duckett
4250 Ground Hog Road, Cosby TN 37722
[e-mail]
865-216-4282

From:
To:
Subject:
Date:
Lexi worlev
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Tuesday, March 23, 2021 9:46:28 PM
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I've heard of the upcoming hearing for this paper company. I would like to express my
opposition on this bill hearing. As a white water raft guide and a Hartford resident I believe
they shouldn't be able to pollute in our beautiful river. This river brings our community
together, and is a main income for the county. Pollution will drive people out of this town, and
drive the wildlife away as well. I don't believe they should pollute the main water source for
many plants,people, and animals in the procetced Forrest. So I ask that you not allow the
pollution happen. This is the cleanest we've EVER seen this water. It has many different fish
that have returned and you can actually see the bottom! Please protect our river!

From: George Garrett
To: SVC DENR.publiccomments
Subject: [External] Pigeon River; Paper Plant.
Date: Tuesday, March 23, 2021 8:43:52 AM
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I use the Pigeon River frequently for boating, fishing and fun. Poor water quality inhibits and
destroys these activities. For profit private industries that destroy the quality of the
environment have no right to inhibit or prevent other businesses that do not, nor do they
have the right to destroy the resource for public use let alone make the habitat unlivable for
native wildlife.
Please act to help improve the water quality in the Pigeon river.
Thank you
George Garrett
2200 Unaka Springs Rd
Erwin TN 37650
423 270 4408

From: [e-mail] on behalf of Sam Davis
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Tuesday, March 23, 2021 8:17:13 AM
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Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Sam Davis
93 Church St Ste 2 Asheville, NC 28801-0070
[e-mail]

From: Leslie, Andrea J
To: SVC DENR.publiccomments
Cc: Cox, David R.; Heim Tim; Willmer, Mikal; Chernikov, Sergei
Subject: Blue Ridge Paper
Date: Thursday, March 25, 2021 9:47:00 AM
Attachments: BlueRidaePaDerNPDESPermitRenewal PiaeonR Haywood NCWRCComments final 3 22 2021.pdf
image001.pnq
imaae002.onq
image003.pnq
imaae005.onq
Hello - please see our attached comments on the Blue Ridge Paper NPDES permit renewal.
Thank you,
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-400-4223 (cell)
www.ncwildlife.org
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North Carolina Wildlife Resources Commission LA
Cameron Ingram, Executive Director
March 19, 2021
Mr. Sergei Chernikov
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC, 27699
SUBJECT: Blue Ridge Paper Products Inc. dba Evergreen Packaging
NPDES Permit NC0000272 Renewal
Pigeon River, Haywood County
Dear Mr. Chernikov:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed
information concerning the proposed NPDES Permit renewal for Blue Ridge Paper Products'
paper mill discharge on the Pigeon River in Haywood County. This information included the
2014 "Canton Mill Balanced and Indigenous Species Study for the Pigeon River" (BISS), which
characterizes the river's biological community upstream and downstream of the discharge.
Comments from the NCWRC on the permit action are provided under provisions of the Clean
Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661-667d), North Carolina General Statutes (G.S. 113-131 et seq.), and North
Carolina Administrative Code 15A NCAC 10I.0102.
The Blue Ridge Paper Products (BRPP) mill is an integrated elemental chlorine -free bleached
kraft pulp and paper mill with oxygen delignification and bleach filtrate recycle. In the early
1990s, BRPP's predecessor, Champion International, implemented a modernization project that
markedly improved water quality in the Pigeon River. NCWRC appreciates the commitments of
BRPP and the NC Division of Water Resources to this objective. Improvements in aquatic
habitat allowed reintroductions of some extirpated fishes in the watershed. The following
comments are based on information available to NCWRC. If there is additional data or
information, we would be happy to consider this as well.
The proposed permit renewal includes the following elements that are pertinent to our
comments:
• Continuance of a 316(a) variance for temperature, requiring that BRPP not exceed a monthly
average temperature of 32° C in the summer (July, August, and September) and 29° C in the
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Blue Ridge Paper NPDES Page 2 March 19, 2021
Pigeon R, Haywood County
winter (October - June) at the Fiberville Bridge, which is 0.4 mi downstream of the mill
outfall. In addition, the monthly average temperature at this location must not exceed the
monthly average temperature of the upstream monitoring location by 8.5° C.
• Increase the flow limit from 29.9 to 34.0 mgd.
Biological Community
Upon review of the BISS and additional available data, NCWRC biologists recognize a disparity
in the native aquatic community upstream and downstream of the mill, and we continue to be
concerned about the role that thermal impacts play in this difference. The BISS concludes that
there are no adverse impacts from the mill's discharge and "a diverse and healthy community
persists in the Pigeon River below the Canton Mill." Although the BISS presents various metrics
and analyses to support this conclusion, a more focused review of the data in the BISS and other
data collected by state agencies demonstrates that the aquatic community downstream of the mill
is significantly different from the upstream community and extremely atypical of rivers of
western North Carolina. For example:
• The fish community downstream of the mill is very different from that upstream of the mill
in several ways. The BISS describes the Pigeon River below the mill as having high fish
diversity. However, a long reach of the river downstream the mill does not support key
species.
o The River Chub (Nocomis micropogon) is not found within the first 8 miles
downstream of the mill, but it is found less than a mile upstream of the mill's
discharge. This fish is considered a keystone species, which builds nests that are used
by numerous other species for spawning. There is no other species in the Pigeon
River that shapes habitat and creates spawning sites for other species as the River
Chub does.
o Although the BISS describes the Pigeon River as having a high number of shiner
species, many of these species are not found for a considerable distance below the
mill. Saffron Shiner (Notropis rubricroceus, a river chub nest associate) and Mirror
Shiner (N. spectrunculus) were found less than a mile upstream of the mill's
discharge but not downstream of the mill at any site. Warpaint Shiner (Luxilus
coccogenis) and Tennessee Shiner (Notropis leuciodus), both dependent on River
Chub nests and found less than a mile upstream of the mill through BISS or NCWRC
monitoring, were not found or were found in very limited abundance below the mill
for the first 8 miles downstream of the mill.
o Mottled Sculpin (Cottus bairdii), an important host fish species for Appalachian
Elktoe, was found in abundance less than a mile upstream of the mill but found only
at one downstream site, 11 miles downstream of the mill.
• Although multiple species of salamanders, including the Eastern Hellbender
(Cryptobranchus alleganiensis, US Federal Species of Concern, NC Special Concern), are
found in the Pigeon River at numerous locations upstream of the mill according to both
NCWRC surveys and a 2009 longitudinal salamander survey described in the BISS, no
salamander species were found in the 15 miles surveyed downstream of the mill according to
the 2009 study.
• Data available express a significant difference in the mussel fauna of Pigeon river upstream
and downstream of the BRPP. Here is a summary of our data assessment.

Blue Ridge Paper NPDES Page 3 March 19, 2021
Pigeon R, Haywood County
o 2012 survey efforts for the BISS found no mussels either upstream or downstream of
the mill. NCWRC staff and others have consistently found listed native mussels
within a mile upstream of the mill, namely the Appalachian Elktoe (Alasmidonta
raveneliana, US and NC Endangered) and Wavyrayed Lampmussel (Lampsilis
fasciola, US Federal Species of Concern, NC Special Concern), with Appalachian
Elktoe most recently found in 2020. However, these mussels have not been found
downstream of the mill in the Pigeon River at any location upstream of Crabtree
Creek, nearly 14 miles.
o The BISS maintains that conditions in the river would support native mussels if they
occurred, describing the results of a multi -year mussel silo study, in which young
Wavyrayed Lampmussels placed in silos demonstrated survival and growth.
However, this silo study cannot be used to assume long-term mussel survival and
successful reproduction. Mussel reproduction and juvenile development depend on a
complex set of factors, including appropriate temperature, dissolved oxygen, low
salinity, and low levels of pollutants (e.g., ammonia, potassium), and presence and
stability of appropriate fish host species. In addition, the closest silo to the mill was
in Clyde, approximately 5 miles downstream of the mill's outfall, so it is unclear how
well young mussels would fare in the reach between the mill and Clyde.
• Viability of crayfish upstream and downstream of the BRPP is notably different. No crayfish
have been found within the first 11 miles of river downstream of the mill, although they are
found in tributaries to the downstream reach of the Pigeon River and within the Pigeon River
upstream of the mill, with most recent records just upstream of the mill from 2020. It is also
notable that the crayfish species found 11 miles downstream of the mill is the non-native
White River Crayfish (Procambarus acutus). Given its tolerance to high water temperatures
and presence in Beaverdam Creek, a tributary to the river just downstream of the mill, and
within the Pigeon River less than a mile upstream of the mill, this species would be expected
in the Pigeon River just downstream of the mill. It is absent in the 11-mile reach downstream
of the mill, suggesting that high temperatures may not be the only issue impacting crayfish in
that reach.
Water Quality and Flow Issues
Given that effluent chronic (7-day exposure) toxicity testing has not demonstrated toxicity, it is
likely that consistent or acute high temperatures caused by mill effluent are a key factor affecting
the biological community in the Pigeon River downstream of the mill.
BRPP effluent conductivity is measured but not subjected to a permit limit. Analysis of recent
daily monitoring report data (January -November 2020) from upstream and downstream
Fiberville bridge monitoring locations shows a mean rise in conductivity of 277 µs/cm, with a
maximum increase of 1,358 µs/cm. For comparison, mean conductivity upstream of the mill was
27 µs/cm. Given these high levels of conductivity and indications that there may be water
quality factors besides temperature affecting the aquatic community, NCWRC believes that
additional analysis of constituents causing these high conductivity levels is merited.
The proposed increase in discharge flow from 29.9 to 34.0 mgd will likely exacerbate
temperature and other possible water quality impacts from the mill, as the discharge flow already
accounts for most of the flow in the river at various times during the year. Blue Ridge Paper

Blue Ridge Paper NPDES Page 4 March 19, 2021
Pigeon R, Haywood County
withdraws its process water from the Pigeon River and returns flow as processed wastewater 0.3
mi downstream. When BRPP staff anticipate that Pigeon River flows will be inadequate for mill
operations, they release flows upstream from Lake Logan on the West Fork of the Pigeon River
to increase downstream flows.
Analysis of flow data from the US Geological Survey's (USGS) upstream gauge (USGS
03456991) for the period of 1985 to 2020 demonstrates that the proposed withdrawal of 34 mgd
will exceed flows available in the Pigeon River 6% of the time for September, the lowest flow
month of the year. 7Q10 flows are often used as a bare minimum of what can sustain some
biological function within a river; these are not required within the 0.3 mile reach between
BRPP's intake and outflow, but it is useful to see how often these minimal flows would be
absent with the increase in withdrawal/discharge. The USGS gauge data indicate that there
would be inadequate streamflow to provide the proposed withdrawal of 34.0 mgd and maintain
the 7Q10 flow (approximately 27 mgd, per USGS calculation) in the bypass between the intake
and outfall for more than 25% of the time from July through November.
Recommendations
Given concerns about temperature and the significantly altered aquatic community downstream
versus upstream of the mill, NCWRC requests that the permit conditions include the following
elements:
• Temperature should be monitored on a continuous 15-minute interval basis at the upstream
monitoring location and two downstream locations — DN-1 (Fiberville bridge), and DN-2
(above Clyde, RM 57.7) — so that temperature fluctuations can be better described. The data
should be summarized on daily basis as minimum, maximum, mean, and median. The entire
dataset should be retained and made available for outside analysis. We recommend that
BRPP use the upstream USGS station as their upstream control for flow and temperature.
• Presumably, the 8.5° C exceedance is not in addition to the 29° C and 32° C thresholds (i.e.,
allowing up to 37.5° C and 40.5° C), but is aimed at limiting even more extreme temperature
rises during winter months. Clarification of how these two thermal limits interact within the
permit is needed.
• It is unclear why the draft permit specifies that temperature limits be met on a monthly basis,
when temperature limits are to be met on a weekly basis, according to the April 24, 2012
partial settlement agreement 10 EHR 4341 (Cocke Co. TN v DENR, DWQ, and Blue Ridge
Paper Products) and 10 EHR 4982 (Cocke Co. TN v EMC, NPDES Committee, and Blue
Ridge Paper Products).
• Based on aquatic species concerns, we believe there would be a significant benefit of
temperature limits being met on a daily average instead of a weekly average at the Fiberville
Bridge so that large fluctuations in water temperature are kept to a minimum.
• We request that the permit require analysis of individual constituents that are responsible for
the high conductivity levels in the mill's effluent, such as salinity, potassium, sodium,
chlorides, nitrites, and sulfates. If the permit does not specify this analysis, we ask that the
NC Division of Water Resources perform its own analysis of mill effluent so that a better
characterization of the discharge is available upon which to base permit conditions and
potential mill process changes.
• We recommend that a BISS technical team be established that includes the NCWRC. This
technical team would provide input on survey locations and the methods utilized for the next

Blue Ridge Paper NPDES Page 5 March 19, 2021
Pigeon R, Haywood County
BISS, as well as be allowed the opportunity to review the BISS before it is submitted to
NCDWR and the US Environmental Protection Agency. Long-term, detailed data should be
used to properly interpret the BISS. NCWRC sees value in the next BISS including more
robust biological and water quality monitoring, and offers the following specific
recommendations:
o Taxa-specific surveys for fish, mussels, and crayfish upstream and downstream of the
mill should be performed, with a minimum of three surveys per site, one per season
(spring, summer, and fall). The number of upstream and downstream sites and
tributary sites can be reduced to accommodate this increase in effort.
o Reference sites that are more analogous to the Pigeon River should be incorporated;
instead of the Swannanoa River, we recommend the upper French Broad River as a
reference.
o Salinity be measured at each site.
All these factors could be further discussed and planned during meetings of the technical
team.
Most importantly, we ask that solutions for the effluent's contribution to the river's biological
impairment be evaluated and implemented during this permit cycle. These solutions should
include technical and possible operational changes and appropriate thermal limits that reduce the
chronic effects of elevated temperature on the aquatic community.
Thank you for the opportunity to review and comment further on this permit action. Please
contact Andrea Leslie at [phone] if there are any questions about these comments.
David R. Cox, Supervisor
Habitat Conservation Division
ec: Luke Etchison, Chris Goudreau, TR Russ, Powell Wheeler, NCWRC
Byron Hamstead, USFWS

From:
To:
Subject:
Date:
Patrick Rakes
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Friday, March 26, 2021 1:31:56 PM
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attachment to Report Spam.
For Blue Ridge Paper's requested renewal of its National Pollutant Discharge Elimination
System (NPDES) discharge permit please DO NOT loosen
regulations, including removal of a color variance, on effluent entering the Pigeon River.
Please prevent the possibility of returning the river to its past polluted state. We have
participated with UTK, TWRA, TVA and others to restore aquatic wildlife, eliminated by
past pollution, as the river recovered to the point it could again support the restored species.
Efforts began with Gilt Darters and included many others, such as Mountain Madtoms and
Tangerine Darters. Permission to wipe them out again should be criminal
Patrick Rakes
Conservation Fisheries, Inc.
3424 Division Street
Knoxville, TN 37919-3261
Office: 865-521-6665 Ce11: 865-385-4205
www.conservationfisheries.org
CFI on FaceBook
YouTube
http://smile.amazon.com/ch/62-1502226

From: jeffrey hatcher
To: SVC DENR.Dubliccomments; Morton Barlaz; Joe Mount; Martha Mount; Mark Denney; mark singletary; Lee
Thonus
Subject:
Date:
[External] Blue Ridge paper products
Wednesday, April 7, 2021 4:26:32 PM
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attachment to Report Soam.
Dear Sir or Madame
I am writing concerning potential changes to water quality on the Pigeon River
downstream of Canton, NC.
I have been paddling on this river for the last 15 years and enjoy it immensely.
I am grateful that the water leaves Tess of a smell and no longer stings my eyes when
I paddle there.
Please do not relax the requirements regarding the river having a normal color, high
thresholds for coliform counts, and dioxin counts done to assure the quality of water.
This river has made tremendous improvement over the 15 years I have boated it.
Now is not the time to relent.
Sincerely
Jeffrey C. Hatcher, MD FACP (Infectious Disease)
401 W Bessemer Ave
Greensboro NC 27401-1602

From: Linda Tribble
To: SVC DENR.oubliccomments
Cc: Linda Tribble
Subject: [External] Blue Ridge Paper products
Date: Wednesday, April 7, 2021 6:21:43 PM
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I'm aware of the reevaluation of the restrictions on the Blue Ridge Paper Products paper mill in Canton, NC. I am
concerned that the proposed relaxation of requirements will negatively impact the Pigeon River. I am a whitewater
kayaker and paddle the Pigeon River at least once a week from April -October. Over the years the water quality on
the river has greatly improved however, I have been on the river in very recent years where there was discoloration
and odor to the water. More concerning is that several members of our paddling group reported that the water
actually burned their skin. They had to come off the river and immediately shower to improve their symptoms. This
has been reported to me on more than one occasion. It's for this reason that I do not think it's wise to relax any of
the water quality standards that are currently in place. Additionally, all one has to do is drive on I-40 and breath in
the horrific smell from that plant to know there is a paper mill. If that's what is being belched into the atmosphere I
can only cringe at what they would release into the Pigeon River. Thank you for your time.
Linda Tribble
100 Luther Bingham Road
Bryson City, NC 28713
Linda Tribble

From: Frank Ohrt
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper
Date: Thursday, April 8, 2021 8:40:11 PM
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Dept. of Environmental Quality;
I have read that the wastewater permit for the Blue Ridge Paper Products mill is up for renewal. I have paddle the
Pigeon many times in my summer trips to North Carolina, and, while I enjoy the river, its color is esthetically
appalling and the presence of toxic chemicals in its water frightens me. I strongly support requirements to improve
the water color, continue testing for dioxin in tissues of fish in the river, and stronger restrictions on fecal coliform
in the mill's discharge water.
The river's water quality is barely acceptable as it is, and needs further improvement, not a relaxing of water
quality standards. If that water quality actually gets worse, it would likely keep me from wanting to paddle on it (and
spend any money in the area), and I suspect that the thousands of people who also paddle the Pigeon will agree. It
would jeopardize a thriving paddle -sports industry and hurt the economy of the towns along the river. I understand
that the mill provides jobs, but so does the paddle sports industry.
Thank you,
Frank Ohrt
Houston, TX
[e-mail]

From:
To:
Cc:
Subject:
Date:
Diane Petrilla
SVC DENR.publiccomments
Will Skelton; Philip Royer
[External] Blue Ridge Paper Products
Friday, April 9, 2021 2:56:07 PM
Attachments: Letter BlueRidgePaperProducts Pigeon River.pdf
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attachment to Report Spam.
The attached letter from the Smoky Mountains Hiking Club, represents our organization's
position on the proposed Blue Ridge Paper Products Wastewater Permit Renewal and
Variance Removal. Please note that the Smoky Mountains Hiking Club represents over 500
members in Tennessee, North Carolina, and many other parts of the country. We
respectfully request review and consideration of our comments and position strongly against
any loosening of regulations regarding the effluent from Blue Ridge Paper Products.
Respectfully,
Diane Petrilla M.D.
President, Smoky Mountains Hiking Club

OHY TAMS NON CW
Boy 51592
April 9, 2021
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, NC 27603
[e-mail]
Re: Blue Ridge Paper Products hearing
Ladies/Gentlemen:
Knoxville, Tennessee 37950-1592
I am writing on behalf of the Smoky Mountains Hiking Club (SMHC) in connection with
the upcoming hearing on April 14 regarding Blue Ridge Paper Products' proposed wastewater
permit renewal and variance removal. Please make these continents a part of the record for such
hearing.
SMHC was founded in 1924 and is one of the original clubs responsible for making the
dream of the A.T. a reality. Today, SMHC maintains 102 miles of the A.T., including the portion
within the Great Smoky Mountains National Park (GSMNP) that is adjacent to the Pigeon River.
SMHC has a longstanding tradition of hiking, fellowship, volunteerism, and conservation of the
Great Smokies and surrounding lands.
Until the mid-1980s the Pigeon River that flows through Cocke County (between the
GSMNP and Cherokee National Forest) and into the French Broad River (and then into
Knoxville where SMHC is based) was a sensory mess, dirty, smelly, and polluted, all resulting
from discharges by Champion International Paper Company (now Blue Ridge Paper Products) in
Canton, NC. Successful lawsuits by citizens and regulatory action forced a cleanup of the river
and has made Cocke County a budding adventure travel destination (around $52 million in direct
tourism expenditures in 2019 and especially rafting on the Pigeon). Now, Blue Ridge Paper is
requesting renewal of its National Pollutant Discharge Elimination System discharge permit and
seeks to loosen regulations, including removal of a color variance, on effluent entering the
Pigeon River, thereby opening the possibility of returning the river to its past polluted state.
The quality of the water in the Pigeon River is important to the downstream residents, to
the downstream recreation users of the Pigeon River, and to the adjacent National Park. We are
therefore very much opposed to any relaxation or reduction of the existing permit requirements
and urge you to continue to protect the water quality of the Pigeon River.
Respectfully,
Diane Petrillo M.D., President Smoky Mountains Hiking Club
Exploring the Smokies Since 1924

From:
To:
Subject:
Date:
Sadie Corbett McElrath
SVC DENR.publiccomments
[External] Blue Ridge Paper
Friday, April 9, 2021 3:09:49 PM
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Hello,
I am contacting you regarding the new permit requirements for the Blue Ridge Paper
company. I am against the changes in the permit that relaxes previous requirements in the old
permit.
I also think it is important that the company pay for a 3rd party verification of their self
monitoring efforts on at least an annual basis.
Thank you for your time,
Sadie McElrath

From:
To:
Cc:
Subject:
Date:
Heidi Welch
SVC DENR.Dubliccomments
Heidi Welch
[External] Blue Ridge Paper
Friday, April 9, 2021 5:31:13 PM
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To Whom It Concerns,
It has taken over 50 years for the Pigeon River to heal from the pollutants dumped into it by
Blue Ridge Paper Company. The Pigeon River is still not as full of life as it can/should be. I
oppose any relaxation of permits/regulations, etc. that weaken laws that protect the water
quality of Pigeon River.
Best, Heidi
Heidi Welch
[e-mail]
"We forget that the water cycle and the life cycle are one." — Jacques -Yves Cousteau
"But man is a part of nature, and his war against nature is inevitably a war against
himself." -Rachel Carson

From:
To:
Subject:
Date:
Haley *
SVC DENR.publiccomments
[External] Blue Ridge Paper Products Permit, NC #0000272
Saturday, April 10, 2021 2:13:57 PM
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April 10, 2021
Wastewater Permitting
ATTN: Blue Ridge Paper Products Permit, NC #0000272
To Whom It May Concern:
The renewal of the NPDES Permit NC #0000272 with the removal of the color variance must be
denied and amended to better reflect the values of the Clean Water Act. This permit should be
offering greater protection of water quality to show measured improvements in the wastewater
pollution discharge. Water monitoring and collection should be conducted by an independent body.
Blue Ridge Paper should not be allowed to police themselves.
Discharge of industrial, stormwater, municipal, and landfill leachate wastewaters by Blue Ridge
Paper affects the physical and economic health of its neighbors downstream. It is vital to the
residents of Cocke County and particularly the rafting community that pollution of the Pigeon be
limited further, not increased. Improvements in the water quality of the Pigeon River lead to
improvements in people's physical, mental, and economic health.
Sincerely,
Haley Speer, LCSW

From:
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Subject:
Date:
Smith, Norman
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Monday, April 12, 2021 1:22:36 PM
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Good Afternoon,
It is my understanding that the Blue Ridge Paper Company is asking for the color variance to be
removed or lessened from their permit. Please DO NOT allow this to happen. This river is vital to our
counties future. Every since I can remember, the Pigeon River has been discolored. Although some
progress has been made in the last several years to the pollution that has poured into our county
from the river, the river still is nowhere close to the pristine mountainous waterway that it could be.
Our county is already listed on the distressed list due to our economic status. Please do not allow
Blue Ridge to kill any possibility of our county growing the revenue stream the river creates for us
from our rafting industry. Thanks for you consideration in this matter.
Sincerely,
Norman Smith
Cocke County Commisioner
3rd District

From:
To:
Subject:
Date:
Nick CzaDla
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Monday, April 12, 2021 2:43:23 PM
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Hi there,
I paddle the pigeon river frequently throughout the year and hope to secure a permit for my
adventure -based therapy program for teens and young adults to run raft and kayak trips. The
river quality has improved over the years due to higher standards for businesses operating in
the local area. I've heard that the new permit for BRPP is less stringent on safety measures for
the river and I would like to share how important it is for me that we improve the health of this
river.
Thank you
Nick Czapla

From: Jeff
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper Products
Date: Monday, April 12, 2021 9:28:36 PM
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Sir/Ma'am:
My name is Jeff Stiles and I live just east of Knoxville, Tennessee. I'm a retired police officer and currently work
for the University of Tennessee. I'd like to offer a brief comment on the proposed changes related to the Blue Ridge
Paper Products issue to be reviewed soon.
One of most rewarding things I now do after my nearly 30 years of public service is to visit our area's beautiful
rivers and streams and find the beauty that's there for the taking. I live about 5 miles from the French Broad River
and frequently take my family there to fish and kayak. We also are frequent campers near the great Smoky
Mountains and frequently enjoy the Pigeon River as well. I do understand and acknowledge that great improvements
have been made in the water quality of the Pigeon over the last 30 years, however relenting and letting up at this
time makes no sense, not when the entire world is seeking more efficient and cleaner ways to do business that will
minimize the impact on our environment. To do so, would be akin to saying "Well, we did enough to get by." Let's
don't take the easy path.
I recall as a teenager the great struggle that went on for what seems like an eternity regarding the paper mill and the
river waste that flowed into our area. It pitted neighbor against neighbor and sometimes even literally, family against
family. The last thing our region (or our nation) needs is more acrimony.
I hope you'll consider the progress that's been made and not take steps backward I thank you, and Zane and Scarlett
thank you (my grand babies).
Respectfully,
Jeff Stiles
10321 Stiles Ln.
Kodak, TN 37764
[phone]

From:
To:
Subject:
Date:
Audrey Gosnell
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Monday, April 12, 2021 1:05:48 PM
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Hello,
Companies today are taking small steps to increase pollution. They are effectively destroying
air and water quality a little at a time. With their small request people fail to recognize the
damage they are causing. Most companies are asking for multiple small allowances until they
add up to one giant polluting facility.
Please do not allow Blue Ridge Paper to release further pollutants into the Pigeon River.
Thank you for the opportunity to voice my concerns.
Audrey Gosnell

From:
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Subject:
Date:
Anna Norton
SVC DENR.oubliccomments
[External] Blue Ridge Paper
Monday, April 12, 2021 12:37:34 PM
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To Whom It May Concern:
I am writing with concern for clean water in the Pigeon River. I as that the permit for Blue Ridge
Paper Products Mill in Canton be strengthened, and also to continue the color variance. This is
imperative as the only standard by which to improve water quality.
Clean water is and should be a priority for our state. Our health and thereby the health of our
ecology and economy depend on it.
Thank you,
Anna Norton
Anna Norton
Senior Program Manager
The Literacy Council
www.maconncliteracy.org
828.526.0863 ext. 201

From: Threasa Bounds
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper Products
Date: Tuesday, April 13, 2021 4:50:08 PM
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For the residents residing in Cocke County, we ask that you do not lesson the guidelines for wastewater going into
the Pigeon River. The Pigeon River is enjoyed and appreciated by so many here. We have worked hard improving
the conditions of the Pigeon. This has taken years to do. It needs clean enough for our kids, grandkids and so on to
enjoy. Many residents rely on the Pigeon River for income and the county depends on the revenue from the River.
Please please do not lessen the current restrictions. If anything, place stronger restrictions.
Sincerely,
Threasa Bounds
Sent from my iPhone

From:
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Date:
Kellis Kincaid
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Tuesday, April 13, 2021 11:03:43 PM
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Good afternoon,
I am writing to object to the 2021 Draft Permit 000000272 for Pigeon River Pollution
Discharge, for Blue Ridge Paper Products. This permit actually allows for an increase in both
chloroform (a dangerous pollutant) discharge, as well as an increase in water withdrawal (up
to the total flow of the river in the summer months). Both of these changes are unacceptable
and will result in direct harm to both the river ecosystem and the communities and users of the
river. The spirit of the Clean Water Act is for continual improvement of rivers and streams,
and if allowed, this permit will result in degradation in direct contrast with this spirit. As a
river which already suffers from the effects of pollutants from this facility, the Pigeon River
deserves to be improved, not further abused.
In its current state, the river water is already low quality. I can personally attest that the water
is foul-smelling and caustic, causing my eyes to burn for several hours after making a trip
down. Increasing the allowable chemical discharge will only worsen this problem both for
myself and other river users, as well as the riparian ecosystem.
Because of the reasons outlined above, I respectfully request that this permit be modified to
reduce both allowable pollutant discharge and allowable water diversion from the river to the
paper mill.
Thank you for the consideration,
Kellis Kincaid

From:
To:
Subject:
Date:
Whitney Martin Eure
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Tuesday, April 13, 2021 4:11:13 PM
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Dear NC DEQ,
Thank you for the opportunity to comment on the Blue Ridge Paper Products' Discharge
Permit renewal for the regulation of water quality on the Pigeon River downstream of the
papermill at Canton, NC.
I am an avid kayaker, rafter and member of American Whitewater. My friends, family and I
frequently run the Gorge section of the Pigeon River from the power plant at Waterville, NC to
Hartford, Tenn. as well as the Hepco reach, just upstream of Waterville Lake. Our contact with
the River on these trips involves occasional swims and would be considered "full immersion"
under NCDEQ clean water standards.
There is considerable improvement in the water quality of the Pigeon River since I first
kayaked the Gorge section in 1995. At that time, the River's water smelled like a papermill.
Signs warning that it was dangerous to eat fish from the river, due to dangerous levels of
dioxins from the paper mill, were posted at all of the access points. The water left a metallic
taste in your mouth when you got splashed in the face. The water is clearly cleaner today,
however, there is still a great deal of room for continued improvement.
I have concerns with deficiencies in the proposed permit renewal.
First, I object to the removal of the color variance from the Discharge Permit. The color of the
Pigeon River is still abnormal, when compared with other streams in the region. Ask any
kayaker. There is no better comparison than at the confluence of Big Creek and the Pigeon
River at the Waterville Powerplant. Big Creek is clear and the Pigeon River is the color of
coffee and is noticeably more turbid. Similarly, The Nolichucky River at Erwin, Tn, which has a
similar average volume of flow to the Pigeon, runs clear while the Pigeon has a brownish tint.
Continued improvement in water clarity and color is a must for any permit to be issued.
Secondly, reduced testing for Dioxins should not be allowed in the new permit. These
compounds are known carcinogens that bioaccumulate in fish fatty tissue. Give that it is now
more common for people to eat fish from the Pigeon River, it is imperative that testing for
Dioxins continues.
Third, the new permit must include requirements to reduce the significant temperature

fluctuations allowed in mill discharges. It should also require improvements in
containing releases of coliform bacteria during high water events.
Outdoor recreation and tourism have helped the cleaner Pigeon River become a huge
economic driver in WNC and East Tennessee. Thousands of rafters run the Pigeon
River Gorge every week during the summer months. Kayakers run different sections
of the river all year long. New businesses have added riverside zip lines and ropes
courses. Restaurants, stores, gas stations have all benefitted from this new outdoor
recreation economy. Sustaining this economic development depends on continued
improvement in water quality in the Pigeon River as it is the center piece of this new
recreation hub.
This is not the time to move backwards. Instead, we must insure continuing
improvement in the Pigeon River's water quality. Which is my hope and expectation
for this permitting process.
Thank you again for the opportunity to participate.
Whitney Eure, DVM
Asheville, North Carolina

From:
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Subject:
Date:
Mae Testerman
SVC DENR.publiccomments
[External] Re: NC0000272
Tuesday, April 13, 2021 11:27:40 PM
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Just say NO to the variance. Appalachia has allowed all these beautiful rivers around us to
be ruined. We really must change that, ya'll. It's past time. / live on Pigeon River and have
had 4 different cancers.
PLEASE VOTE NO NO NO
ALTHIE TESTERMAN

From:
To:
Subject:
Date:
Attachments:
Crustal Ottinaer
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Wednesday, April 14, 2021 2:31:30 PM
Blue Ridge Public Comment Crystal Ottinger.pdf
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All,
Please see the attached Public Comment regarding the proposed amendments to the Blue Ridge Paper Products
Permit.
Thank you,
C„,pl°¢ der,^.je^
Cocke County Mayor
360 East Main Street
Courthouse Annex Suite 146
Newport, TN 37821
Phone: [phone]
Email: cottingera cockecounty.net

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COCKE COUNTY GOVERNMENT
CRYSTAL OTTINGER, MAYOR
On December 21 st, 1979 I was born at Valentine Shults Hospital in Newport, TN on the
banks of the Pigeon River. Forty-one years later, I am in my second term as Cocke County
Mayor. My office is located in the Courthouse Annex, which is the retrofitted Valentine Shults
Hospital. I have literally spent my entire life on this river.
Growing up I spent many weekends playing beside the river. I have fond memories of
picnicking beside it or trying to skip rocks on it. However, both now and then, those fond
memories have been overshadowed by the condition of the river. Can you imagine as a 10 year
old, the disappointment of being allowed to only look at the river and never being allowed in it
because of the amount of toxins coming down from the papermill? Or preparing for a day beside
the water only to arrive and be welcomed by unnatural amounts of foam and water that smelled
so offensive you could not stand it and had to leave? Those are my early experiences on the
river. Thankfully, my children's experiences have been very different from my own. This is in
large part due to the efforts of many Cocke Countians who have spent decades demanding that
the papermill clean up their act. And to some degree, the papermill listened to our concerns and
did just that. The river, once known as "The Dead Pigeon River" because nothing could survive
in it, has now seen fish species be reintroduced and adapt to a cleaner version of the river. I am
grateful for these improvements; however, that does not mean there is not more work to be
done. Bottom line: the wastewater discharged from the mill that flows downstream into our
county is not as clean as it could and should be.
As 1 sit here in my office writing this public comment, I'm looking out at the Pigeon River,
thinking of all that it is and all it has the potential to be. In my youth the river was a dangerous
liability. Today, the Pigeon River is a growing asset for our community. As you may not realize,
Cocke County is one of the most economically distressed counties in Tennessee. We are also
one of the most beautiful counties in the state and we take great pride in touting our scenic
rivers and mountainous landscapes. in fact, to attract visitors and increase revenue, Cocke
County rebranded itself as "The Adventurous Side of the Smokies" a few years ago. In 2017
The American Outdoor Association ranked The Pigeon River as the third most popular rafting
river in America and it continues to prove its potential to be a huge economic driver for the
county. It sees hundreds of thousands of visitors each year. Sadly, with those visitors comes an
increase in the number of complaints and concerns regarding the color of the water. To
continue attracting visitors to Cocke County, we must provide a positive and memorable
experience that they will want to look forward to year after year. That experience cannot be had
on an impaired and polluted river.
When both visitors and locals ask why the water in the Pigeon River is the color it is,
tell them it's caused by the wastewater discharge from The Blue Ridge Papermill in North
Carolina. Their response is almost always, "How is that even possible in this day and time?"
Well, I am asking you all the same question. How is it possible- with all the improvements and
efficiencies in technology and with all the environmental regulations in place- that this company
still needs to discharge pollutants into our waterways? Blue Ridge Papermill has not followed
the previous permit and made incremental improvements as they were required to do. So, on
what reasonable basis can you justify issuing a modified permit with less restrictions?
COURTHOUSE ANNEX • SUITE 146 • 360 EAST MAIN STREET • NEWPORT, TENNESSEE 37821
[phone] • FAX [phone] • [e-mail]

concede that the Pigeon River today is not the Pigeon River from my youth and some
improvements have been made. And, again for those improvements I am grateful. However, the
river is far from clean and further advancements must be made, not the opposite as the
proposed amendments to the permit would allow. Blue Ridge Papermill is a multi -million dollar
for profit corporation making money off of the Pigeon River and at the expense of those
downstream in Tennessee. Citizens in Cocke County are impoverished and would simply like a
clean river where it's safe to swim and eat the fish you catch. Our waterways are one of our
greatest assets and they play an essential part of our community, environment and economy.
They are too precious to pollute and deserve to be protected. Cocke Countians have fought
hard for years and made great strides to ensure that folks downstream from the Blue Ridge
Papermill have access to a safe, clean river. We cannot go backwards where the health of our
waterways are concerned. I oppose the new permit as written and ask NCDEQ and U.S. EPA to
add stricter requirements to the proposed draft permit to ensure continued water quality
improvements of the Pigeon River.
Crystal Ottinger
Cocke County Mayor

From:
To:
Subject:
Date:
Ellie Johnston
SVC DENR.publiccomments
[External] Blue Ridge Paper Mill - Canton
Wednesday, April 14, 2021 5:50:00 PM
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Dear NCDENR,
Please do not reduce the stringency of the water quality permit that the Blue Ridge Paper Mill
in Canton, NC has. It is thanks to the high standards that have been enforced by the state that
the Pigeon River is as clean as it is today. If the strict guidelines are reduced in any way it will
set Canton and the Western NC surrounding region back in terms of environmental progress.
The area is booming in attracting tourists and other economic development that is dependent
on the strong stewardship of our water resources.
Thank you so much for protecting NC.
Sincerely,
Ellie Johnston
Asheville, NC 28806

From:
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Subject:
Date:
Jim Staley
SVC DENR.publiccomments
[External] Blue Ridge Paper
Wednesday, April 14, 2021 9:42:25 AM
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To whom it may concern, thats everyone btw,
This permit is unacceptable. It does not demonstrate the spirit of the Clean Water Act NPDES
permitting system in that it does not actually reduce pollution to the Pigeon River during the
next permitting cycle.
This permit in fact proposes an increase in the amount of chloroform, a dangerous toxic and
cancer causing chemical, used in the bleaching process. The daily maximum load of 10.5/1b
per day is enough chloroform to kill 321 people per day, in its concentrated form. No wonder
river guides suffer painful rashes and allergic reactions to being exposed to the Pigeon's toxic
waters.
This permit calls for a 17% increase in water taken from the Pigeon River at a time when
water resources across the globe are in jeopardy.
As an organization comprised of members who have regular direct contact with the Pigeon
River, members who are professional commercial river guides, members who are private
boaters and kayakers, swimmers, and fishermen, our representatives can tell you that the color
of the river is brown, dark and sweet tea colored on many days. The river smells like the acrid
papermill, all the way to Newport, Tennessee. One can observe foam and often professional
river guides deal with rashes and reactions to the many chemicals that comprise the color
pollution.
This permit calls for no changes to color pollution with no reductions being called for
whatsoever, a violation of the Clean Water Act and the 1997 Settlement Agreement between
downstream communities and the paper mill.
The proposed removal of this color variance is basically an admittance by the NC DEQ that
water quality standards are being met and no further reductions to color pollution are required.
The color variance must not be dropped until color pollution is down to an annual average of
20,000 pounds per day with daily maximum limits of 50,000 lbs/day not 105,250 as currently
stated, which downstream communities have called for over 20 years. This permit calls for a
status quo of 36,000 pounds of color per day annual average, the same as the previous permit
cycle, which is not an improvement.
There are problems with attempts to assess the true color units downstream in Tennessee.
Members of CWEET has observed that testing for color at mile 24.7 Browns Bridge is
conducted 1.3 miles downstream of the actual TN/ NC State line. This provides significant
dilution to the Pigeon River from Big Creek and Tobes Creek. It has been observed that
testing occurs when the dam is operating below 600 cfs, not at the mimimum recreational flow
for whitewater rafting which is 1200 cfs. When water is measured below 600 cfs we can
observe that the majority of the water in the river is from Big Creek and Tobes Creek, not
actual flow from the main Pigeon River as the majority of polluted water is being held back in
Waterville Lake while the majority of water in the riverbed at flows of less than 600 cfs is
primarily from tributaries downstream of the Waterville dam. Downstream testing should
occur when the flows are operating an average recreational release ranging frois between
1200-2000 cfs which is the flow at which water color appears and smells worst. Measuring
water flow at Brown Bridge when the dam is not fully releasing the polluted water is simply

not an accurate measurement for color in TN. One can observe that the water is clean and clear
when the dam is releasing at small flows of 600 cfs or less and brown dirty and smelly at
releases of 1200 cfs or more.
Also, it has never been observed that the company contracted to measure color on the Pigeon
actually measures the water at the Pigeon River prior to mixing with Big Creek at mile 26, as
called for by the 1997 Settlement Agreement. It would require a boat to access that flow of
Pigeon River and Big Creek prior to mixing. We have never observed this type of testing at
this location taking place. It should be measured from a boat at the mouth of the dam release
for an accurate measurement, prior to mixing with Big Creek as dictated by the 1997
Settlement Agreement.
The color variance must not be removed until downstream communities are satisfied with the
condition of the Pigeon River, which is currently not meeting all it's designated uses and
remains on the Tennessee 303d list for impaired rivers due to color pollution.
This draft permit ashamedly uses public health as a rationale for removing the color variance
stating that there has never been a public health advisory related to color in North Carolina.
There is an advisory, however, issued for color in Tennessee. The fact is that the Pigeon River
is listed as impaired for color pollution by the state of Tennessee. Color is comprised of toxic
chemicals. Its is a public health issue for the hundreds of thousands of boaters who are yearly
exposed to full body contact with its toxic waters.
Blue Ridge Paper Products has requested an increase in water usage from 29.0 million gallons
per day to 34 million gallons per day. This is a 17% increase in water usage.
This increase should not be approved until an environmental assessment is conducted to
determine what the impacts would be on water quality.
Additionally the draft permit calls for an increase in chloroform usage from the current limits
of 5.1/lb day monthy average to a proposed limit of 6.27 pounds per day monthly average,
which is a 22% increase in chloroform averaged monthly. As for daily maximums allowed an
increase from 8.61b/day 10.5/lbs per day daily maximum is also unacceptable. That is a 22%
increase of chloroform daily.
We know that chloroform is a dangerous toxic and carcinogenic chemical used in the paper
making process and increases of this type of pollution are unacceptable. In a world of climate
change and dwindling clean water resources the mill can and should become a leader in
marketing non -bleached paper products. Consumer demand for environmentally friendly paper
products is at an all-time high, and in the fast changing world of 2021, what better time for the
mill to become an innovative leader in marketing brown, not bleached white paper products.
Bright white paper is unnecessary and incredibly damaging to the environment and without
good reason.
The chloroform cannot be increased. If so, CWEET and the public will call upon the EPA to
again rescind this dirty permit.
It is time for the Pigeon River to be clean. It's time for our beautiful resource to be finally
protected after 115 years of pollution. The water that flows above the mill is crystal clear and
of high quality. We want the same crystal clear properties for the downstream communities of
Hartford and Newport that are enjoyed by users of the river upstream of Blue Ridge Paper.
Our whitewater rafting industry, our swimmers, our fisherman, our wildlife and microbiology ,
and all future generations depend on clean water. Water is life. When will the bureaucrats at
NC DEQ remember that you cannot eat money?
Lets leave a legacy of tight regulations that actually protect our nation's waters and decrease
pollution until is eliminated! If not us, then who will?

From:
To:
Subject:
Date:
Susan McCool
SVC DENR.publiccomments
[External] Blue Ridge Paper
Wednesday, April 14, 2021 7:57:59 PM
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Please tighten the restrictions on the paper plant that dumps toxins into the water of the Pigeon
River.
I live local in the cocke county and this is personal for me in several ways. I work for a
management company in Gatlinburg that sends over a million tourists down that river every
year so people from all over the country are expecting you to help maintain it to a nice
standard of clean water. Every one of us downstreams deserves it.
My daughter is a river guide and in that water 5 days a week doing a low paid job to bring
tourism into our poor areas. Please help protect her, she should not have to work in water full
of toxins. Her clothes smell terrible when she gets off the river from the damage that is already
being allowed. She has bad infections in past seasons from getting a cut and then subjecting it
to the water while working on part time. CLEAN WATER IS TOP PRIORITY
Please step up and protect the public and everyone downstream, It's your public duty and
nothing less will be acceptable.
Susan McCool
Guest Services Manager
Venture Resorts Inc.
866-34-SMOKY
Extension 233
NOTICE This Email and any of its attachments may contain Venture Resorts, Inc., a/k/a
Venture, proprietary information, which is privileged, confidential, or subject to
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From:
To:
Subject:
Date:
Lindsay Dahlin
SVC DENR.publiccomments
[External] Blue Ridge Paper
Wednesday, April 14, 2021 9:06:13 AM
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attachment to Report Spam.
Good Morning!
I am here to leave a comment regarding the paper mill's pollution permit that is very passed
due.
I have lived in Canton for only three months and I have noticed black smoke pluming from the
mill almost on a daily basis. Is that legal? One day it was so bad, by the time I was finished
walking my dogs the sky went from clear to black. What are they putting into the air? Is it
cancerous?
Why in one of the most beautiful parts of the country we allow pollutants into our air and into
our rivers. Communities and nature rely on the Pigeon river as a life source.
For example, river tourism has to be one of the more profitable and long term sources of
income for communities.
Please dont allow the mill to dump its chemicals into our air and water anymore!
Thank you,
L.D.

From:
To:
Subject:
Date:
John Fisher
SVC DENR.oubliccomments
[External] Blue Ridge Papers
Wednesday, April 14, 2021 7:00:24 PM
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Please do not allow for an increase of carcinogenic chemicals into the river. In fact decrease
the amount of toxins that are allowed already.
Which side of history do you want to be on?
Sincerely, Harry John Fisher

From:
To:
Subject:
Date:
Random Name
SVC DENR.oubliccomments
[External] Evergreen Paper Color Variance
Wednesday, April 14, 2021 9:34:18 PM
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To Whom It May Concern,
As a long time resident of Hartford, TN, I'm writing to urge you to not to remove the color
variance for the Pigeon River.
Not only is the Pigeon River the 3rd most rafted river in the country, it's the only reason our
community exists.
For years, the river smelled, had few fish, (none were edible) and had large piles of foam
filling most eddies. Fortunately, these regulations have been helpful in cleaning up the river,
but now is not the time to take a step back.

From:
To:
Subject:
Date:
C Walker
SVC DENR.oubliccomments
[External] Lifting the color variation
Wednesday, April 14, 2021 10:17:04 PM
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attachment to Report Spam.
Hello, this letter is concerning the Canton mill's water quality permit and the subsequent "Fact
Sheet".
While Evergreen is very quick to congratulate themselves for steps taken to improve water
quality, they're ignoring the fact that these restrictions, (the very restrictions they are
attempting to lift now) are the sole reasons for the improvements.
The fact is, improved water quality (after decades of pollution) should not justify a step back
in protections that caused the improvements in the first place.
Please do not lift the color variation.
Thank you in advance.

From:
To:
Subject:
Date:
Bruce Davis, Owner, Bruce Electric
SVC DENR.publiccomments
[External] More pollution in the little pigeon river
Wednesday, April 14, 2021 5:40:07 PM
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attachment to Report Spam.
You would not want North Carolina waters to be polluted with what you are proposing
to pollute Tennessee waters with.
Do unto others as you would have them do unto you.
Sent from my Sprint Samsung Galaxy S9.

From:
To:
Subject:
Date:
Ian West
SVC DENR.publiccomments
[External] Public comment
Wednesday, April 14, 2021 10:00:46 AM
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attachment to Report Spam.
Hello, please do not ease water quality restrictions. The cleanliness of our water is second to
nothing else it is great for all the creatures that live in it and for recreating in kayaking or
swimming or fishing. I love the Pigeon River and I don't want to see it go back to having giant
foam piles and the fish not being safe to eat.
Thank you.
Sincerely,
-Ian West

From: Veronica Cox
To: SVC DENR.publiccomments
Subject: [External] Re: NC0000272
Date: Wednesday, April 14, 2021 4:52:56 PM
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an attachment to Report Spam.<mailto:report.spamnanc.gov>
NO VARIANCE!!! Instead, please Work to protect/save the river!! & OUR Water supply!! NOW!!
Veronica Cox
Sent from my iPhone

From:
To:
Subject:
Date:
Scott Hussey
SVC DENR.publiccomments
[External] Against 2021 Draft Permit 000000272 for Pigeon River Pollution Discharge
Thursday, April 15, 2021 8:35:38 PM
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attachment to Report Spam.
Wastewater Permitting Officer,
As an active user of the Pigeon River, I am against the 2021 Draft Permit
000000272 for Pigeon River Pollution Discharge. I do not believe the new proposal
will protect the river with an increase in chloroform. Please do not return the Pigeon
River to its disgraceful moniker of the "Dirty Bird."
Regards,
Ei

From: Mindy Yingling
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper
Date: Thursday, April 15, 2021 9:25:58 AM
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Please listen to the raft guides, for they value life over profit! The river is vital to that community and those who
pollute it for profit should be ashamed of themselves. Getting out into nature is important. The river, the animals, the
people, the community, all deserve to be protected.
Sent from my iPhone

From:
To:
Subject:
Date:
KD W
SVC DENR.publiccomments
[External] Blue ridge paper --color variance- vote no
Thursday, April 15, 2021 5:01:39 PM
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attachment to Report Spam.
This is the 21 st century, not 1898. Pls do not remove the color variance or any similar thing
that would further reduce the quality of the pigeon river. This would be a dereliction of duty.
If we cannot protect the water in 2021, anything else you do is futile.
Kim Walker

From:
To:
Subject:
Date:
Attachments:
ci rcu itcou rt(acockecountvtn.gov
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products - Public Comment
Thursday, April 15, 2021 10:54:58 AM
image001.onq
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Spam.
Greetings;
Please find that per your post, I am submitting my public comment concerning the renewal of
Blue Ridge Paper (Champion Paper) discharge permit.
Please find that this requested permit is unacceptable. It does not demonstrate the spirit of the
Clean Water Act NPDES permitting system in that it does not actually Reduce pollution to the
Pigeon River during the next permitting cycle. To do away with the removal of the color variance
would cause irreparable harm to our river, wildlife and to our local economy.
Economic View:
The Pigeon River brings to Cocke County around $52 million in direct tourism expenditures,
according to a 2019 state report, which also ranked Cocke in the top third of Tennessee counties
for tourism impact. What's more, Cocke County just received a $6 million grant from the
Appalachian Regional Commission for 50-75 miles of mountain bike trails. The potential for
major corporate involvement is bright.
Environmental View:
Per the University of TN-Knoxville's website -
http: //fw f. ag. utk. edu/Sites/p i ge on/webp age s/history. asp
aii•ier Recovery Project
• Gilt darters, stripetail darter, silver shiners, telescope shiners and mountain brook lampreys are re -colonizing the Pigeon
River
• Evidence of reproduction in three additional fish species
• Spring 2007, CFI/UT released the first propagated juvenile tangerine darters into the Pigeon River (a first!)
• Mussels re -introduced for the first time in NC reach below mill in 2011
• Mussels re -introduced at new site in 2011 in TN

• To date, the PRRP has re -introduced 20 species of fish, over 39,000 individuals into TN & NC segments of Pigeon River
• Evidence of reproduction in 9 species of fish
• Biodiversity has increased — 2 snails and 6 fish species are re -colonizing the river
Allowing increased pollutants would do immeasurable harm to what this community and state has
been working for years to try to restore. Please don't allow that to happen.
I am grateful for your time and attention in this matter.
Sincerely,
Cristy L. Nease
Cocke County Circuit Court Clerk
111 Court Avenue, Room 201
Newport, TN 37821
[phone] Fax [phone]
www.cockecircuit.com

From:
To:
Subject:
Date:
Attachments:
E.L. Morton
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Thursday, April 15, 2021 4:12:41 PM
image001.pnq
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attachment to Report Spam.
I oppose any change to the color variance proposed by Blue Ridge. North Carolina companies should
not pollute Tennessee waterways, but have done so for decades. It is time to stop the damage, not
enable more.
E.L. MM Or on (US Army Retired)
Mayor
Campbell County, Tennessee
423-562-2526
countymayorPcampbellcountygov.com
puEL4 CO#1,1,

From:
To:
Subject:
Date:
Glenn Todd
SVC DENR.publiccomments
[External] Blue Ridge Paper
Thursday, April 15, 2021 10:03:43 AM
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attachment to Report Spam.
Hello,
I want to ask that any decisions made about the operation of Blue Ridge Paper reduce any
discharge from the facility. Air, Water or any other type of discharge. I do not feel that there
should be any discharge into the Pigeon river of any kind.
Thank you,
Glenn Todd

From:
To:
Subject:
Date:
Anne Craig
SVC DENR.publiccomments
[External] Blue Ridge Paper
Thursday, April 15, 2021 9:36:07 AM
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attachment to Report Spam.
Please keep all existing regulations for monitoring the condition of the Pigeon River.
Thank you. Anne Craig
Anne Craig
828-423-2087
[e-mail]
"I wonder how the foreign policies of the United States would look if we wiped out the
national boundaries of the world, at least in our minds, and thought of all children
everywhere as our own." — Howard Zinn

From:
To:
Subject:
Date:
Julie Thomson
SVC DENR.publiccomments
[External] Blue Ridge Paper
Thursday, April 15, 2021 8:57:44 PM
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attachment to Report Spam.
Dear NC DENR,
I am writing to ask you to negotiate a new permit for the wastewater
discharge for the Evergreen Paper Mill in Canton. This permit has been
renewed as it was for the last two permit cycles, without the incremental
improvements that were supposed to be added. The last negotiation for this
permit was in 2010.
I request that you add a maximum daily water temperature limit to
the mill's permit that is within guidelines that support the fish and other
aquatic life in the Pigeon River. The 2007 fish kill where 8,000 fish died can
not be repeated. Climate change is already increasing the temperature of our
state and its waters, and proper temperature limits need to be revised with
that element now too.
A color variance needs to be part of this permit and it needs to be an
incremental step towards improving the quality of the discharged water
from the current permit's color variance requirements. Downstream reports
of the Pigeon River after the river flows through the paper mill include
mention of the river being dark brown in color and having a smell.
The proposed increase of their permit from 29.9 gallons to 34 millon gallons
of water discharged is an increase of 4.1 million gallons of
wastewater. This larger amount of wastewater will have a greater
impact on the River, and is further reason why the daily maximum
temperature and color variance need to be stricter than the proposed
permit. It sounds like it might be time for the city of Canton to start
planning to build a separate water system to treat the city's wastewater too.
The Pigeon River has become a major rafting and kayaking destination in
recent years, and it could be a beautiful place full of life, instead of a river
that harms the creatures that live in it. North Carolina's economy is
benefitting from our state's natural biodiversity. A cleaner, and properly

managed permits for the Evergreen Mill on the Pigeon River
means that more tourists and more money could result.
I ask you to revise the proposed permit for the Evergreen Mill. North
Carolina's rivers and the life in them needs to be protected. Once they are
destroyed, they cannot be replaced.
Sincerely,
Julie Thomson
ii4 Montford Ave
Asheville, NC 28802

From: [e-mail] on behalf of Nathan Jordan
To: Chernikov, Sergei
Subject: [External] My Concerns Regarding - Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:13 AM
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an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Nathan Jordan
360 Old Haw Creek Rd Asheville, NC 28805-1422
[e-mail]

From:
To:
Subject:
Date:
Brooks, Jimmy
SVC DENR.oubliccomments
[External] Pigeon River Water Quality
Thursday, April 15, 2021 10:54:56 AM
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attachment to Report Spam.
To whom it may concern.
I have lived and worked close to the Pigeon River for 50 plus years. IT WOULD BE TRAGIC if the river
quality regressed from anything less that it is now. We have a responsibility to maintain and
improve land and waterways that previous generations have left us. AND if the Previous Generation
was negligent in their practices it does not give us the right to blindly proceed.
We need to maintain and or improve the water quality. Regression is not an option.
Jimmy Brooks
Production Manager
ibrooks(aohxokg.com
PHOENIX
P 423-613-3343 M 865 322 0400
815 Industrial Road, Newport, TN 37821
Rise With Us

From: zippitvdodah2021@ evervactioncustom.com on behalf of Kathy Seeley
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:46 AM
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an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
My family has lived along this river and worked for this company for generations. It is time to clean up your act!
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept l.ment of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).

Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Kathy Seeley
2834 Island Point Dr NW Concord, NC 28027-2537
[e-mail]

From: Iesliebeninato(aevervactioncustom.com on behalf of Leslie Beninato
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:39 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Leslie Beninato
18 Oakcrest Dr Asheville, NC 28806-1328
[e-mail]

From: [e-mail] on behalf of Rachel Hess
To: Chernikov. Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:37 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Rachel Hess
10 Flycatcher Way Unit 305 Arden, NC 28704-5529
[e-mail]

From: [e-mail] on behalf of Randall Skeeters
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:27 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Randall Skeeters
6 Wilburn Rd Asheville, NC 28806-2735
[e-mail]

From: [e-mail] on behalf of Chris Raymer
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:22 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Chris Raymer
55 Westall Ave Asheville, NC 28804-3529
[e-mail]

From: [e-mail] on behalf of Diane Hutt
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:17 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Diane Hutt
328 Hazel Mill Rd Asheville, NC 28806-3632
[e-mail]

From: [e-mail] on behalf of Dwayne Cook
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:06 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Dwayne Cook
183 Forest Dr Clyde, NC 28721-9446
[e-mail]

From: [e-mail] on behalf of Sharon Tompkins
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:01 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper

mill pollute more.
We all know that our water supply is limited. Allowing our rivers and streams to become toxic is not only a death
knell for those bodies of water, it is the death knell for the human race.
Thank you for your time and consideration of these important issues.
Sincerely,
Sharon Tompkins
11 W Rolling Acres Weaverville, NC 28787-9311
[e-mail]

From: [e-mail] on behalf of Megan Hopkins
To: Chernikov, Seraei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 15, 2021 8:46:52 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Megan Hopkins
23 Westgate Rd Asheville, NC 28806-3022
[e-mail]

From: [e-mail]
To: SVC DENR.publiccomments
Subject: [External] Regarding permit for water waste
Date: Thursday, April 15, 2021 9:48:03 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
I have lived in East Tennessee all my life and fished Douglas lake my home lake for over 30 years . For the past 30
years waste and debris in the water have continued to get worse , due to plants in Carolinas , Newport Tn area etc ,
these areas have become so trashed and I believe new diseases being made in our fishery of the little pigeon river ,
and the French broad river system " Douglas lake " has been caused a lot by the commercial industry dumping
waste in our waters . I'm standing up and saying no to this because of looking out for the future generations and
our fishery , and I'd like to see our waters become cleaner not more polluted . I am asking please say no and turn
down the renewal of the waste permit .
Sent from my iPhone

From:
To:
Subject:
Date:
jowilliams784
SVC DENR.Dubliccomments
[External] water in the Pigeon River
Thursday, April 15, 2021 9:59:05 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
If you had lived here and saw the foam and smelled the smell,you wouldn't agree to
this
Look at how many people that lived on the river died with cancer.
My mother and Aunt died with cancer. My mother was 36 my aunt in her 40's.
They didn't live right on the river but 5 miles away.Just look at the cancer rates in this
area.
The river rafting companies bring in some money to this county. Do you think tourists
are going to want to get in this water ,if they know what is in it. You can't eat the fish.lt
is posted all along the water.That is a government warning.So do you think this is
safe to swim in.
Thank you
Josephine Williams
Sent from my Verizon, Samsung Galaxy smartphone

From:
To:
Subject:
Date:
Misty Toby
SVC DENR.publiccomments
[External] Blue ridge paper petition
Friday, April 16, 2021 7:40:26 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
I've lived in Hartford TN my whole life..I remember all the cancer victims who died because
of that river. Locals are calling for no more dioxin in our river.. we're just now getting the
foam and black off the rocks and the fish are just now becoming edible..why cripple a small
community just to cater to a large corporation? Vote the way u would if it were your
neighborhood..

From:
To:
Subject:
Date:
Becky Rodrigue
SVC DENR.publiccomments
[External] Blue Ridge Paper
Friday, April 16, 2021 5:54:17 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hello,
My name is Becky and I have been guiding rafting trips on the Pigeon River out of
Hartford, TN for seven years. I've also boated privately at many other rivers in the
southeast and across the country.
I am writing to comment on the water quality of the Pigeon River, as I understand there
may be far fewer limitations on the amount of pollution in the river in the near future, and I
find that highly alarming. Why? Well, to start, the section of river that I have worked on for
7 years is already the dirtiest river I've ever recreated in. I only do it for the money, because
I would not subject myself to water that disgusting for free. The thick slime that covers the
rocks here is great for preventing foot entrapment, but I assure you there is already
enough if it, and customers slip on it all the time; I've not seen anything like it in any other
river I've visited. Every summer when we get into the busy part of the season, all of us
guides are fighting chemical burns on our feet from the river that can be debilitating. If you
can't walk, you can't exactly guide. I've seen many customers jump into the "swimmer's
stretch" and say they immediately felt their skin start burning. When I pull them back in the
boat they are already more red than they were a minute before, the irritation typically
worsening rapidly until they rinse off in fresh water (shower/hose water.) I rinse my feet
with the hose after every single trip, wash them meticulously right after the last trip of the
day, and pour vinegar on them after that, and I STILL get chemical burns that keep me
from a few days of work every year. And every year it gets worse. About one out of every
five commercial boats comments on the smell of the river, some insisting it smells like the
ocean. Sometimes I joke that we have our own ocean foam, especially during low water
when the thick, brown foam pools up behind the big rocks. When it's that bad, the entire
floor of the boat ends up being trapped foam by the time we make it to the takeout, can't
even see my feet anymore.
I cannot imagine anyone boating on or enjoying this river if the pollution is allowed to
worsen. Do the right thing for those of us downstream who have already been dealing
with the industrial pollution for many years and do not approve any permit that would
allow more contaminants in the Pigeon River.
Thank you,
Becky Rodrigue

From: [e-mail] on behalf of John Milton
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, April 16, 2021 8:55:17 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Water Resources Sergie Chernikov,
WE NEED BIG CHANGES FROM COMPANIES DUMPING WASTE IN OUR WATERS!!! THIS CAN NOT
CONTINUE!, I I I
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Depai liuent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily

maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
John Milton
160 Pearson Ln Black Mountain, NC 28711-3725
[e-mail]

From:
To:
Subject:
Date:
Nick Lomas
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Saturday, April 17, 2021 7:48:54 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
I am writing to comment on the Blue Ridge Paper Products Permit renewal. I am a former NC
state resident who recently moved downstream to Knoxville, TN and who has recreated on the
Pigeon River for decades. I have family that lives in the Pigeon River watershed, downstream
from the Canton, NC Paper Plant and I have friends whose livelihoods depend on the Pigeon
River. I believe it would be a travesty to allow environmental standards in the Paper Plant
permit to be relaxed given the success of past regulations to clean up the river. If it is your
goal to get into shape, you would be remiss to end your fitness routine once you decide you
are "fit" only to become a couch potato again. In the year 2021, I believe environmental
regulations and protections in the permit should continue, particularly keeping in the color
variance measures, if not be strengthened to allow continued recovery of the Pigeon river and
protect the people and places downstream of the Canton Paper Plant.
Thank you for your consideration,
Nick Lomas

From:
To:
Subject:
Date:
Morton Barlaz
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Saturday, April 17, 2021 9:36:16 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hello
I am a regular whitewater paddler on the Pigeon river. it is a beautiful river. Please employ
strict discharge permits to maximize water quality. The water quality has improved over the
20 or more years that I have been paddling on the Pigeon. Please keep up the good work.
Morton Barlaz
Morton A. Barlaz, Ph.D.
[e-mail]
httos://barlaz.wordpress.ncsu.edu/

From:
To:
Subject:
Date:
Hobbit Hawes
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Sunday, April 18, 2021 11:29:04 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
This factory has been polluting the Pigeon river for far too long, it's time that they stopped
making it discolored, smelly, foamy, and caustic. Please make them clean up their discharge.
Thank you.
Sincerely,
John A. Hawes
Asheville, NC

From:
To:
Subject:
Date:
Becky Rodrigue
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Sunday, April 18, 2021 11:53:34 PM
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Hello,
I forgot to include 'Products' in the subject line of my last email and wanted to make sure
it was included in the public comments. I have realized since sending it that I forgot to
address the color of the Pigeon itself, on the section I guide 6 days a week right now. Most
days it is some shade of darker brown than you want in a river. The guests ask about it a
lot and are surprised to learn there are fish in there. One day, I think it was two weeks ago,
the river was obviously a completely different color, a glowing, tropical green. When we
arrived at the put in I was shocked. I had never seen it that color before and it was difficult
to look away. The trip felt very different, I could see through the water! After trips that day,
a coworker went fishing in his usual spot and took a picture of his catch, which he later
showed me. The water in the background still glowed green, nothing like the river I had
seen the last seven years. We had a long conversation about it. We remembered one day
last year while driving up to the put in in the evening to retrieve a vehicle, seeing very odd
colors in the water at the Waterville bridge. A bright mud red was still mixing with a less -
brown -than -usual shade of Pigeon water. As we approached the power plant, the
separation of color become more defined, until right at the confluence it barely seemed
real: the reddest mud color I've yet seen pouring out of the natural flow on one side, water
color on the Big Creek Side. It hadn't rained in days.
Please do not approve anything that would allow a more polluted Pigeon River.
This is the copy of my original message:
Hello,
My name is Becky and I have been guiding rafting trips on the Pigeon River out of
Hartford, TN for seven years. I've also boated privately at many other rivers in the
southeast and across the country.
I am writing to comment on the water quality of the Pigeon River, as I understand there
may be far fewer limitations on the amount of pollution in the river in the near future, and I
find that highly alarming. Why? Well, to start, the section of river that I have worked on for
7 years is already the dirtiest river I've ever recreated in. I only do it for the money, because
I would not subject myself to water that disgusting for free. The thick slime that covers the
rocks here is great for preventing foot entrapment, but I assure you there is already
enough if it, and customers slip on it all the time; I've not seen anything like it in any other
river I've visited. Every summer when we get into the busy part of the season, all of us
guides are fighting chemical burns on our feet from the river that can be debilitating. If you
can't walk, you can't exactly guide. I've seen many customers jump into the "swimmer's
stretch" and say they immediately felt their skin start burning. When I pull them back in the
boat they are already more red than they were a minute before, the irritation typically
worsening rapidly until they rinse off in fresh water (shower/hose water.) I rinse my feet
with the hose after every single trip, wash them meticulously right after the last trip of the

day, and pour vinegar on them after that, and I STILL get chemical burns that keep me
from a few days of work every year. And every year it gets worse. About one out of every
five commercial boats comments on the smell of the river, some insisting it smells like the
ocean. Sometimes I joke that we have our own ocean foam, especially during low water
when the thick, brown foam pools up behind the big rocks. When it's that bad, the entire
floor of the boat ends up being trapped foam by the time we make it to the takeout, can't
even see my feet anymore.
I cannot imagine anyone boating on or enjoying this river if the pollution is allowed to
worsen. Do the right thing for those of us downstream who have already been dealing
with the industrial pollution for many years and do not approve any permit that would
allow more contaminants in the Pigeon River.
Thank you,
Becky Rodrigue

From:
To:
Cc:
Subject:
Date:
Attachments:
Mike Arms
SVC DENR.publiccomments
Thomas.ChriscTepa.gov; Hesterlee.CraigCaepa.gov
[External] ATVG Comments on "Blue Ridge Paper Products"
Monday, April 19, 2021 11:01:22 AM
doc20210419104836.pdf
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Please accept the attached comments from ATVG

P.O. Box 3578
Clarksville, TN 37043
[phone]
Association of Tennessee Valley Governments
April 20, 2021
Wastewater Permitting
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Blue Ridge Paper Products
Dear Reviewer,
This letter is written in opposition to Blue Ridge Paper Products' request to remove color variance in its
wastewater permit renewal and submitted by the Association of Tennessee Valley Governments (ATVG).
Our organization's za vg.crg) mission is to serve the mutual interests of local governments and
their partners in addressing various issues in the seven -state Tennessee Valley region. We advance the
interests of our members at the national, regional and state levels. ATVG represents the nearly 1,000
local governments that reside within the seven -state TVA region which includes local governments in
Alabama, Georgia, Kentucky, Mississippi, North Carolina, Tennessee and Virginia.
Our organization's members realize that economic development and job creation are becoming closely
dependent on quality of life. in evaluating company locations and possible relocations numerous
factors related to water quality, air quality and environmental sustainability are of paramount
importance. While we commend Blue Ridge Paper on the outstanding progress it has made in
improving stream conditions from its effluent discharges, we do not agree that it is appropriate to
remove the color variance at this time.
We are pleased that significant improvements to instream concentrations of color in the Pigeon River
have been achieved. However, we believe the color variance continues to be necessary. The Pigeon
River is an integral part of the French Broad River Basin which is critically important to East Tennessee
and the entire Tennessee River Valley. The Pigeon River is still listed as impaired due to the color under
the variance. In abundance of caution in ensuring water quality, we oppose removal of the color
variance.
Thank you for consideration of these comments by ATVG.
Respectfully, yours,
Mike Arms
Executive Director, Association of Tennessee Valley Governments

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Alex Clark
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Monday, April 19, 2021 3:21:58 PM
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Hello,
In regards to the water quality for the Pigeon River. Simply said, human health is more
important than paper mill productivity. Please protect and improve the water quality in the
Pigeon River and continue supporting outdoor recreation opportunities and preserving nature.
Best Regards,
Alex Clark
(423)-337-3873

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To:
Subject:
Date:
Jon Larimer
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Monday, April 19, 2021 4:56:55 PM
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Hello,
I am writing to comment on the proposed renewal of the Blue Ridge Paper Products
NPDES discharge permit.
My camp is on the banks of Waterville Lake, fed by the Pigeon River, so I am directly
impacted by any proposed relaxation of discharge restrictions from the Blue Ridge Paper
Products factory.
While I'm new to the area, many of my new friends in White Oak Community and the
surrounding area tell me stories about "The Blackwater", as they still call the lake. The
lake's water was black, it smelled bad, the fish were unsafe to eat. Wildlife was scarce.
Waterville lake is now one of Western North Carolina's hidden gems thanks to legal action
against the paper factory and their compliance with water quality standards currently in
place. The fish are abundant and safe to eat. There are beavers and river otters that can be
spotted in the morning and evening. There are at least 3 bald eagles that make the forest
around the lake their home. Every weekend I can see folks on boats and in canoes, kayaks,
and even paddleboards enjoying what the lake has to offer.
Even so, the dark color of the lake allows it to absorb sunlight in the summer and warm to
temperatures that promote toxic algae blooms that make the water unsafe to swim in and
even the air unsafe to breathe.
Any step to relax the discharge standards or testing requirements is a step in the wrong
direction. I still have some hope that one day the Pigeon River will be as clear downstream
of Canton as it is upstream of the factory and that the lake will clear up as well - making it
even more of a destination for folks who are willing to use the public access portage or the
private boat ramp that my neighbors maintain. But that will never happen if we take a step
backwards and allow Blue Ridge Paper Products to increase the temperature and color of
their discharge and relax the testing standards as proposed by the new permit.
Thanks for listening,
Jon Larimer

White Oak Twp, NC

From: Brandy May
To: SVC DENR.publiccomments
Subject: [External] Permit
Date: Tuesday, April 20, 2021 5:29:43 PM
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Please do not sign the permit. Keep the pigeon clean!
Thank you,
Brandy Bass

From: annaPevervactioncustom.com on behalf of Anna Alsobrook
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Tuesday, April 20, 2021 8:48:00 AM
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Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Anna Alsobrook
307 Tabernacle Rd Black Mountain, NC 28711-2537
[e-mail]

From:
To:
Cc:
Subject:
Date:
Perrin Anderson
SVC DENR.publiccomments
cotti nge rCacockeco u nty. net
[External] Sevier County opposes lessening of current color variance standards of the Pigeon River
Wednesday, April 21, 2021 11:23:19 AM
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From Sevier County Mayor Larry Waters:
Sevier County opposes any lessening of the current standards concerning the color
variance of the Pigeon River. We believe a change would be a detriment to our citizens,
visitors, and the region's economic prosperity.
Sincerely,
Perrin Anderson
Sevier County Asst. Mayor for Governmental Affairs
865.774.3643
www.seviercountytn.org
orge...-44
x-
T E N NESSE
This communication is intended by the sender and proper recipient(s) to be confidential, intended only for the
appropriate recipient(s), and may contain information that is confidential or proprietary. If you are not the intended
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message in error or are not the proper recipient(s), please notify the sender at either the email address or telephone
number above and delete the email from your computer or return the fax to the sender. Thank you.

From:
To:
Subject:
Date:
Jody Camille
SVC DENR.oubliccomments
[External] Blue ridge paper products NC #0000272
Thursday, April 22, 2021 9:38:35 AM
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Please help pass legislation that prohibits the dumping of waste into our beautiful natural
Pigeon River. All should be held accountable and nature should be protected over profit.
Jody Delaplane
619.971.4314

From:
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Subject:
Date:
Toni Sullivan
SVC DENR.oubliccomments
[External] BLUE RIDGE PAPER PRODUCTS, NC #0000272
Thursday, April 22, 2021 8:30:13 AM
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Save the Pigeon River! Please restrict the Blue Ridge Paper Products from polluting the
Pigeon! Water is life and way more important than profit! There are better ways to properly
and safely dispose of harmful waist than dumping chemicals in our rivers!!!
Thank you for reading!
Toni Sullivan
Sent via the Samsung Galaxy S21+ 5G, an AT&T 5G smartphone
Get Outlook for Android

From:
To:
Subject:
Date:
Dick Crites
SVC DENR.publiccomments
[External] Blue Ridge Paper Products, NC #0000272
Thursday, April 22, 2021 3:29:45 AM
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The renewal of NPDES Permit #NC0000272 with the removal of the color
variance MUST BE DENIED! It is degrading the quality of Pigeon River and the
ecosystem that it provides.
Richard "LOMEG" Crites

From: Tracy Baker
To: SVC DENR.oubliccomments
Subject: [External] Blue ridge paper products, NC #0000272
Date: Thursday, April 22, 2021 12:11:06 AM
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Hi, many of my friends work in the pigeon river as raft guides and love kayaking for personal recreation. The pigeon
has caused many of them to develop skin rashes and respiratory conditions from the pollution being allowed to enter
the river. The smell from the blue ridge paper plant's dumping is disgusting. They should absolutely not be allowed
to regulate their own pollution and temperature output. It would be too easy for them to overlook some of the data
and increase the toxicity of the river. I would love to see stricter, more thorough regulations on pollution in the
pigeon river for all businesses that are affecting the local ecosystem. We should care more about the environment
that we are creating for the region at large than just on the micro scale of what affects us as individuals. This is a
serious issue to keep in check.
Thank you for your time.
Tracy Wildhart
Sent from my iPhone

From:
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Date:
[e-mail]
SVC DENR.oubliccomments
[External] Comment in Support of the Pigeon River
Thursday, April 22, 2021 1:07:44 PM
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My name is Mitchell Phillips and I am a life long resident of White Oak Township on
Waterville Lake. I can remember the days when the Pigeon river and Waterville Lake weren't
fit for people to use for any reason. The water was poisonous and black, with several feet of
white foam floating on top. The smell on the water and in my community was terrible. There
were signs along the river warning people not to get in the water or eat the fish. I've always
been grateful to the people that banded together and fought for decades to force Champion
Fiber to undo the harm they had caused on the Pigeon River and to the people living
downstream. These days the water quality is very improved. Fish and other wildlife have
returned; the lake and the river can be used for recreation. A permit opening the door for
future backsliding on water quality, or quality of life for those of us living downstream from
the mill, is unacceptable. We need more progress, not less, and all future permits should look
toward making the water downstream of the mill as clean as the water above the mill.

From: Gary Kollman
To: SVC DENR.Dubliccomments
Cc: Mary P; T Price
Subject: [External] Blue Ridge Paper Products NPDES Permit Renewal
Date: Friday, April 23, 2021 9:12:43 AM
Attachments: NCDEQ canton NC Permit Comments submit.docx
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Please review and respond to the comments contained in the attached file. We look forward to reviewing your
responses to these comments, and others submitted. Please do not hesitate to contact me with questions, or need for
clarification. Thanks for your time.
Best Regards,
Gary D. Kollman
Environmental Review, Inc.
[e-mail]

April 22, 2021
Submittal of Comments Relative to the Following Project:
Draft NPDES Wastewater Discharge Permit #NC0000272 for Blue Ridge Pulp Mill, Canton, NC,
with proposed removal of color variance and continuing use of Temperature Variance.
Comments:
NCDEC Fact Sheet for Draft Permit
INSTREAM MONTORING, Page 4. Figure 1. I find this map very difficult to read for many
reasons. The symbols for the USGS sites and NPDES dischargers are difficult to see. The one
label that is different than the rest has the text cut off. Indicating downstream direction would be
useful. It would also be useful to mark where the water treatment and paper mill locations are
themselves, maybe in its own zoomed in section of the map.
Draft Permit
Part I
A1-A3. Pages 4-9. Effluent Limitations and Monitoring Requirements
There looks to be 5 locations for monitoring: influent; effluent; the Pigeon River; and two other
effluents of wastewater before entering the wastewater treatment plants. This does not seem to
be enough locations, and ,in some cases, not enough sampling frequency. What is the
justification for those that are only tested quarterly and annually?
A5. Page 11. Instream Monitoring Special Condition
There are more sampling sites within Pigeon River for the special condition, what is the special
condition? Is it relevant to Dioxin Monitoring?
A8. Pages 16,17. Requirements for Color Analysis and Compliance Special Condition
The pounds of true color are calculated for this permit only. Is there no standard otherwise? I
believe 39 FR 430.11 is incorrectly referenced.
A9. Page 17. Dioxin Monitoring Special Condition
Dioxin has historically been an issue in this watershed. What is the justification for only annual
monitoring? What are the monitoring requirements should other permit condition indices (e.g.,
fish tissue TCDD levels) exceed permit limits?
A10. Page 18. Dissolved Oxygen Special Condition
Are the oxygen injection facilities already in use, and do they help with maintaining a good
dissolved oxygen level? It is suggested that DO be measured closer to the facility and
downstream past milemark 57.7. It is recommended that DO be measured in more than two

locations so as to more complete data relative to the plant's impacts on the Pigeon River
dissolved oxygen levels.
A11. Page 18. Town of Canton Inflow and Infiltration Special Condition
What efforts are being done to decrease the amount of inflow/infiltration into the Town of
Canton? Should specific metrics be required to meet this condition?
A. (12.) Page 18. Clean Water Act Section 316(a) Thermal Variance
The renewed permit will continue the temperature variances approved for the 2010 Permit.
During the last permit renewal, the variance requirements were changed and the temperature
difference between upstream and downstream monitoring locations (AT) was reduced from
13.9°C to 8.5°C . What was the scientific reason for allowing this anthropogenic temperature
increase.? The biological diversity and overall health of the Pigeon River has significantly
improved over the last 10 years. It is proposed that the AT Permit Variance be further
decreased so as to provide steam conditions even more satisfactory to further support
macroinvertebrate and fish species that appear to be recovering.
Thank you for considering our comments on this draft permit.
Regards,
Mary Plauche, MSc.
Gary D. Kollman
Environmental Review, Inc.

From: will parsons
To: SVC DENR.oubliccomments
Subject: [External] Blue Ridge Paper Products
Date: Friday, April 23, 2021 10:59:18 PM
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I run an online website about rivers and the great things people do on and with them I would like to talk to someone
about the horrible things you want to dump into the pigeon river
Sent from my iPhone

From:
To:
Subject:
Date:
Erik Roomet
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products, NC #0000272
Friday, April 23, 2021 7:50:59 PM
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Hi,
My name is Erik Roomet and I am an active rafter. I know some in your community and have
been planning on taking a trip with my family. They have brought some troubling things to my
attention concerning Blue Ridge Paper. I have read over the current permit and strongly
disagree with some of the measures taken. Allowing them to collect their own data is an
almost useless regulation for a company that has such a history. There needs to be changes
concerning their pollution output. Among other things. It sounds as though this permit will
remained unmodified. I'd like you to know this is a story gaining traction and could reduce
tourism to your area, as well as harm your economic capabilities in the long run. PLEASE
reconsider this permit. For the sake of everyone.
Erik

From:
To:
Subject:
Date:
xristos.lee
SVC DENR.oubliccomments
[External] blue ridge paper products, NC#0000272
Friday, April 23, 2021 7:42:49 AM
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Sent via the Samsung Galaxy S10+, an AT&T 5G Evolution capable smartphone
Please stop polluting the Pigeon River! this is ridiculous! there I'd no reason other
than profit to spew your waste in to the river. we need clean water more than they
need to save a few bucks.
THANK YOU,
CHRISTOPHER HELM

From:
To:
Subject:
Date:
evan darnel)
SVC DENR.oubliccomments
[External] Blue Ridge Paper products
Friday, April 23, 2021 10:57:25 PM
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I'm a journalist for national geographic. I would like to set up a call interview regarding the
proposal of the new permit to put chemicals in the Pigeon River.

From: [e-mail] on behalf of Keegan Donegan
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Friday, April 23, 2021 8:46:14 AM
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Dear Water Resources Sergie Chernikov,
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Dept intent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily
maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.

Thank you for your time and consideration of these important issues.
Sincerely,
Keegan Donegan
2560 Gateview Ct Cumming, GA 30040-0533
[e-mail]

From:
To:
Subject:
Date:
Elena Mee
SVC DENR.Dubliccomments
[External] Blue Ridge Paper Products, NC #0000272
Saturday, April 24, 2021 2:29:20 PM
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attachment to Report Spam.
I urge you to prevent Blue Ridge Paper Products and other industrial polluters from dumping their toxic trash into
our water ways. The Pigeon River is a vastly important resource in the Blue Ridge region. Water is life. Our natural
resources are greater than tax dollars. Companies come and ago but our earth must last us forever. All over the
world and even here in America, the supply of fresh water is becoming more and more limited. And water IS life. In
our own interest, we must be wise enough to protect our long term needs over that of short term income. We need
fresh water for drinking, for our livestock, for the trees of our forests and the grasses of our plains and even for our
recreational enjoyment. Water is directly required for our survival. It's not magically created by our kitchen tap. It
comes from our rivers and lakes and we must protect its viability. Thank you for reading.
Sincerely,
Elena Thumma

From: Tracy Hildreth
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper Products, NC #0000272
Date: Sunday, April 25, 2021 7:48:35 PM
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To Whom It May Concern,
The renewal of NPDES Permit #NC0000272 with the removal of the color
variance MUST be denied and amended to better reflect the values of the
CWA. This permit should be offering greater protection of water quality to
show measured improvements in the wastewater pollution discharge.
Blue Ridge Paper Products Inc. has requested renewal of their National
Pollutant Discharge Elimination System (NPDES) discharge permit
NC0000272 allowing discharge of industrial, stormwater, municipal and
landfill leachate wastewaters to waters of the state. This fact sheet
summarizes the rationale used to develop the limits and monitoring
conditions for the draft permit. North Carolina Division of Water Resources
(Division) also recommends renewal of the temperature variance and
deletion of the color variance.
Here is a list of reasons why the permit must be amended;
- The permit allows Blue Ridge Paper to simply collect and monitor their
own data such as conductivity, temperature, and dissolved oxygen.
- The draft permit allows for more toxic pollution to the Pigeon River.
- In addition, Blue Ridge Paper submitted the latest Balanced and
Indigenous Species Study on the Pigeon River in 2012.
- The regulations they adhere to for pollutants, discharge, and more, are
from standards set primarily in the 1980's and 1990's THIS IS NOT
ACCEPTABLE!
- Chloroform is dangerous!
- The effluent levels have not been lowered since the 2010 permit.
We demand regulations and permits are consistent with the Clean
Water Act, that monitoring and data collection be performed by an
independent body from Blue Ridge Paper, and that the color
variance continue to be required!
A concerned resident,
Tracy Hildreth-Deese
"Rule .303 - If you have the means at hand, you have the
responsibility to act."
- Beau of the Fifth Column

From: John Ortt
To: SVC DENR.publiccomments
Subject: [External] oppose lifting restrictions for color variant into pigeon river
Date: Monday, April 26, 2021 6:00:06 PM
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attachment to Report Spam.
To whom it may concern,
My name is John Ortt and I am a resident and business manager of a rafting outpost on the
pigeon river in Hartford TN. I strongly oppose the lifting of restrictions on the color variant
discharged into the pigeon. Over my 17 years of working on the river I have seen the river quality
drastically improve. We have seen fish species return to the river as well as many mammals such as
otters and beavers. All of these improvements happened while blue ridge paper had a plant
operating up stream. This shows that we can coexist. As a business manager I am fully aware of the
bottom line and the needs to make profit, but when making profit comes in front of the wellbeing of
the people and ecosystems downstream we should rethink our priorities.
If you take anything away from this please understand that I am not asking for the closure of
evergreen papermill. I'm only asking for us not to go backwards especially in a time where our global
eco system is so fragile.
Thank you for consideration
John Ortt
NOC Pigeon Outpost Manager
3485 Hartford rd
Hartford TN
37753
John.ortt( noc.com
www.noc.com

From: Jonathon Burr
To: SVC DENR.publiccomments
Cc: Jennifer Dodd; Greg Young
Subject: [External] FW: Blue Ridge formal comment letter
Date: Tuesday, April 27, 2021 9:34:51 AM
Attachments: imaae001.onq
Blue Ridge formal comments.pdf
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attachment to Report Spam.
To our colleagues in North Carolina:
Please receive these comments from Tennessee Dept of Environment and Conservation on draft
NPDES permit NC0000272 Blue Ridge Paper Products Inc/Evergreen Packaging in Canton, NC.
Thank you for your consideration - JEB
From: Jennifer Dodd <[e-mail]>
Sent: Monday, April 26, 2021 9:43 PM
To: Drake Smarch <[e-mail]>
Cc: Jonathon Burr <[e-mail]>; Greg Young <[e-mail]>; Michael Atchley
<[e-mail]>; John LeCroy <[e-mail]>
Subject: Blue Ridge formal comment letter
Drake,
Will you please mail a hard copy of this letter Tuesday morning.
Jonathon,
I'm guessing we can submit this electronically also. Please submit it electronically if possible, and feel
free to email it to those that requested a copy.
Jenny
TN
Environment &
Conservation
Jennifer Dodd I Director
Division of Water Resources
William R. Snodgrass TN Tower, 11th Floor
312 Rosa L. Parks Ave, Nashville, TN 37243
615-532-0643
[e-mail]
tn.gov/environment

STATE OF TENNESSEE
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
DIVISION OF WATER RESOURCES
William R. Snodgrass Tennessee Tower
312 Rosa L. Parks Avenue, nth Floor
Nashville, Tennessee 37243
April 27, 2021
Wastewater Permitting
Attn: Blue Ridge Paper Products Permit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Draft NPDES Permit NC0000272, Blue Ridge Paper Products
Comments — Tennessee Department of Environment and Conservation (TDEC)
To our colleagues at NCDEQ:
Tennessee has worked collaboratively with North Carolina and EPA for many years to improve the
quality of the Pigeon River and we are pleased that this partnership has resulted in significant reductions
in color between 1990 and 2005. Changes at the mill during that timeframe have improved the ecology of
the Tennessee portion of the river and increased recreational opportunities for both Tennesseans and
visitors. These visitor opportunities have helped the economy of one of the most economically depressed
counties in Tennessee. Nonetheless, additional improvements are needed.
When Tennessee entered into a partnership with North Carolina and EPA in the 1980s, we accepted the
idea of incremental progress towards clean water goals in the Pigeon River. However, it appears to us that
incremental progress is no longer being made, as demonstrated by the last two permit cycles. Rather than
continue historic progress, the new draft permit perpetuates existing water quality impairments and
proposes to declare success by lifting the variance.
Please accept these formal comments from TDEC-DWR on the Blue Ridge NPDES draft permit and the
proposed removal of the existing color variance. We appreciate the opportunity to provide our thoughts
regarding these topics.
The Draft Permit
Section A(8.) Requirements for Color Analysis and Compliance Special Conditions
TDEC appreciates and supports the reopener clause in item #4 of this section, allowing for the permit to
be modified if improvements in color removal technology were to be made available. The related

language in item #7 requiring the permittee to conduct a technical review of color removal technologies
once during every permit cycle and provide a report to the DEQ is also appreciated. According to the
permit fact sheet, a comprehensive review of color removal was last conducted in 2006. If this is correct
another such review is overdue.
TDEC is also supportive of item #6 in this section, avoiding major maintenance outages during the
months of June thru September to minimize color during peak recreational use and lowest river flow. Our
records indicate that lowest flows often occur in September — November, not necessarily coinciding with
highest recreational use. Low river flows can also occur unpredictably at other times of the year.
TDEC requests that this language be strengthened if possible, to avoid major outages during months of
highest recreational use AND periods of low river flow near or below the 30Q5. If such major outages
must be planned well in advance of known low flows, then TDEC would favor including October in the
months to be avoided as well.
Section A(9.) Dioxin Monitoring Special Condition
This section and page 4 of the Fact Sheet state that under this draft the fish tissue sampling requirement
will be reduced to one event every 5 years, with an additional sampling event required if a TEQ
exceedance is noted. TDEC is supportive of this change. The dramatic reduction of dioxins in both the
effluent and Pigeon River fish tissue has been one of the most successful aspects of the mill
modernization, and less frequent fish tissue monitoring at this point is appropriate. However, it appears
that the last fish tissue monitoring was conducted in 2014. If so, TDEC requests that the new permit
specify that the next fish tissue monitoring effort be conducted in the first year of the new permit. If not,
it could conceivably be over 11 years between monitoring efforts, an unacceptably long interval.
Section A(13.) Electronic Reporting of Discharge Monitoring Reports
TDEC requests that a requirement be added to this section for the permittee to additionally submit
monthly DMRs to the following email addresses: [e-mail] and [e-mail].
Tennessee disagrees with several broader aspects of the draft permit.
1. Lack of progress towards clean water. The annual average, monthly average, and daily maximum
color limits in this draft remain essentially the same as the previous NPDES permit. In the permit
fact sheet, North Carolina suggests that since these limits were agreed to by the Technology
Review Workgroup (TRW) as part of the 2010 permit renewal process, these agreed -to limits
would be carried over to the draft 2020 permit. We agree that Tennessee was represented in this
earlier process, but did not envision that these limits should be in place in all future permits or
that the TRW would not meet again in the future.
In EPA's 2010 comments regarding the previous draft Blue Ridge permit, they stated, "The TRW
has historically performed a valuable function in assessing color reduction efforts at the Mill and
providing recommendations to the DWQ. We recommend that the permit include a provision

ensuring that the TRW will assess color reduction technologies and provide recommendations to
DWQ at the end of this next permit term."
There is no mention we could see of the TRW in the new draft permit and we do not believe the
group met during the previous permit period, which gives the appearance that North Carolina
considers that effort to have ended twelve years ago. If true, Tennessee does not consider this to
be in the spirit of the original partnership. At a minimum, evaluation of new color removal
technologies should be shared with EPA and TDEC.
Beyond the work of the TRW, North Carolina's Water Quality Standards in 15A NCAC 02B
.0203 state:
Water quality based effluent limitations and management practices for direct or indirect
discharges of waste or for other sources of water pollution shall be developed by the Division
such that the water quality standards and best usage of receiving waters and all downstream
waters will not be impaired.
North Carolina apparently justifies the absence of additional color removal requirements in the
draft permit on the basis that North Carolina now feels that the water quality standard in North
Carolina is being met. Even if this was true in North Carolina, the water quality standard is not
being met in Tennessee. Thus, the permit does not comply with the rule cited in the previous
paragraph since all downstream waters are not currently protected.
2. Different interpretations of water quality standards. We recognize North Carolina's right to
interpret its water quality criteria and assess its streams. However, there are clear contrasts in
water quality criteria and interpretations between North Carolina and Tennessee.
Regarding color, in the permit rationale North Carolina distances itself from the 50 true color
criterion originally favored by EPA. In fact, the rationale suggests that North Carolina's
interpretation is much higher, but does not state what it is. We consider that debate to be between
EPA and North Carolina, as long as it is recognized that even 50 true color units is higher than
Tennessee's interpretation of the color criterion in a Blue Ridge stream.
It is important to note that Tennessee agreed to 50 color units as an initial Pigeon River
improvement target but never agreed that it represented our water quality criterion.
3. "Objectionable" color is an instantaneous perception by the public. TDEC therefore recommends
that the color limits be based upon individual monthly averages with the application of an
instantaneous daily maximum limit.
4. The flow basis for limits. According to the draft permit, the average concentration limit is only
based on "flow equal to or greater than the 30Q2 of 129 cfs." Tennessee has two significant
issues with this approach.

The first is the generous interpretation of the 30Q2 flow. In the rationale, it is noted that 89.8 cfs
is the actual 30Q2, not 129 cfs. The text notes that North Carolina has the flexibility to choose a
different 30Q2 based on models approved by EPA, but the link provided in the text leads to the
EPA criteria table rather than a discussion of models. TDEC requests additional explanation of
this modeling approach used to derive an alternative flow basis that is 50 cfs higher than the
actual 30Q2 in a stream that has frequent low flows.
Below are the USGS flow data for the Pigeon River at Canton for the last five years.
SS
DRILY Discharge, cubic feet per second
20000
10000
1000
100
40
USGS 03456991 PIGEON RIVER NEAR CANTON, NC
I.. •...' I...
IIL111EN 'IIR
ft.1111h.t 1 Il'I
WII IL
2016 2016 2017 2017 2018 2018 2019 2019 2020 2020
— Daily naxinun discharge
- Estinated daily naxinun discharge
— Daily nininun discharge
— Daily nean discharge
Estinated daily nean discharge
Period of approved data
Period of provisional data
Only in the very wet year of 2020 did flows not go well below 129 cfs, and in several years, flows
were lower than 129 cfs on a prolonged basis. Color limits should be based on the true 30Q2 for
this stream and we ask that EPA carefully review this provision.
Secondly and more critically, the permit seems to imply that the criterion does not apply if flows
are below the 30Q2. Criteria in Tennessee apply at all flows and it is this provision in the Blue
Ridge permit that directly contributes to the objectionable color levels often noted in Tennessee at
summer and fall low flows. As long as the permit disregards color contributions into the river at
flows below 129 cfs, the water quality criterion in Tennessee will continue to be violated.
As an example of the magnitude of this issue, here are the Pigeon flows in the summer of 2016 as

measured at the USGS gage.
US.7
USGS 034569'31 PIGEON RIVER NEAR CANTON, NC
Discharge, cubic feet per second
F, N
o 0
i o q
40
Jul 01 Hug 01 Sep 01 Oct 01 Nov 01
2016 2016 2016 2016 2016
— discharge Period of approved data
This graph illustrates how long Pigeon flows were below 129 cfs between June and late
November of that year. As we understand the draft permit, color levels in the river during these
low flows are not included in calculations of permit compliance. It is difficult for us to see how
this provision adequately protects water quality in North Carolina or Tennessee.
It is clear that there were substantial periods of time in which the monthly average color limits did
not apply. Data collected at the NC/TN border shows that color in the Tennessee portion of the
river was most objectionable during these low flow periods. The draft permit perpetuates this
downstream condition. The establishment of an extreme drought condition flow level below
which color exceedances will not be considered permit violations may be defensible, however
flows below 129 cfs do not represent rare or unusual conditions but are relatively common.
Note: In one of the support documents, North Carolina referenced the Bowater permit (now
Resolute permit) in Tennessee as another example of a permit that allowed a similar provision
regarding color as does the Blue Ridge permit. The Resolute permit for the discharge of color into
the Hiwassee River, a much larger river in a different ecoregion than the Pigeon, is different in
two notable ways. First, the amount of color change compared to an upstream point is lower than
50 true color units. Secondly, color limits apply at all flows, unlike the Blue Ridge permit.

Removal of the Color Variance
It is clear that the annual average, monthly average, and daily maximum color limits in this draft remain
the same as the previous NPDES permit. We acknowledge that the removal of the variance is a water
quality standards issue to be decided between North Carolina and EPA.
However, TDEC disagrees with the technical basis for removal of the variance as stated in the NPDES
Fact Sheet (pages 10-12) and in the appended "Reevaluation Rationale." The explicit or tacit acceptance
of this rationale by EPA would create dangerous precedents for all NPDES programs in the interpretation
of color standards, and perhaps other water quality standards as well.
The proper basis for lifting the variance would seem to be that it is no longer needed because the water
quality criterion for color is no longer being violated. Tennessee does not believe North Carolina has met
the burden of proof needed to demonstrate this point. North Carolina's position appears to be that the
color criterion is being met because:
1. The draft permit is protective. As stated previously, the permit's reliance on monthly averages of only
certain data, use of an extremely generous low -flow basis to derive limits, combined with the permit's
disregard for color levels in the river both in North Carolina and Tennessee when flows are less than 129
cfs, makes it very difficult for us to concede that point.
2. Interpretation of criteria. As stated previously, North Carolina's handling of flow in the permit gives
the appearance that the agency believes the color criterion does not apply if the flow is below the 30Q2
flow. If that is the case, we do not agree with either that interpretation of criteria or that the variance
should be removed on that basis.
3. Noncompliance with existing permit. EPA's ECHO database indicates that Blue Ridge is not in
compliance with its permit, but it does not provide any information on specific violations. Additionally,
the permit fact sheet acknowledges noncompliance with color limits. TDEC requests specific compliance
data covering the past permit cycle. Is this noncompliance due to violations of permit limits or is it related
to other compliance issues such as failure to submit reports? In our view, even if the permit were
protective, noncompliance would erode the argument that the water quality standard is currently being
met.
4. Recreational use is not impacted by color. The rationale cites increased recreation in the Tennessee
portion of the river as partial justification for removing the variance in the North Carolina part of the
river. Nonetheless, the color of the Pigeon River in Tennessee is still found objectionable by citizens in
the area and continues to be on the Tennessee 303(d) list due to color.
5. Aquatic life is not being impacted by color. This may be true, but has it been demonstrated? The
Pigeon River is listed on North Carolina's 2018 303(d) List as impaired. The permit rationale states that
the documented aquatic life impacts are likely due to other pollutants. A more detailed discussion of the
biological data including direct comparisons to upstream or reference conditions is requested. We
understand that a University of Tennessee study concluded that the river near Canton supported a

"Balanced and Indigenous" aquatic life population, as required by its 316(a) temperature variance, but
North Carolina lists the river in the same segment as impaired for aquatic life support.
TDEC disagrees with the practice of averaging annual color values as a method of comparison to color
standards. The rationale on page 11 of the Fact Sheet states that since the average of all color data points
from 2014-2018 during all flow conditions is 41 color units, "long-term compliance" of the NC color
standard has been met. The practice of averaging values with such a wide range allows instream values to
often exceed the water quality standard by a considerable margin.
The Fact Sheet also states on page 11 that the average of true color at the Tennessee state line over the
same period is 21 color units. TDEC acknowledges that exceedances of our narrative color standard at the
border are not continuous but occur for the most part during lower river flows. Averaging high flow
winter/spring color values in with the lower flow values obscures the fact that true color in the Tennessee
portion of the Pigeon is sometimes measured in the 30-40 color unit range.
It was EPA's position just a few years ago that there was insufficient basis for removing the color
variance. Given that there have been no significant changes in the color discharge or the condition of the
river since that time, on what basis would EPA consider removing the variance now?
In closing, TDEC does not dispute that the performance of the mill is among the best in the world and
recognizes the difficulties of operating a mill of this size and complexity on a small Blue Ridge river.
There is also no doubt that Tennessee has enjoyed significant improvements in water quality, ecological
recovery, and recreational opportunities from the mill modernization. However, 40 CFR 122.4(d) states
that no permit may be issued "when the imposition of conditions cannot ensure compliance with the
applicable water quality requirements of all affected states." The upper 5 miles of the Pigeon River in
Tennessee (TN06010106-001_4000) remain listed as recreationally impaired due to color from sources
outside state borders, based upon occasional high color values observed at lower river flows. This listing
and Tennessee's interpretation of its narrative color standard will not change if EPA chooses to accept
removal of the color variance in North Carolina.
We appreciate the opportunity to comment on the permit.
Sincerely,
fi,711--Alpe
Jennifer Dodd
Director
Tennessee Division of Water Resources

From:
To:
Subject:
Date:
Attachments:
Kevin Colburn
SVC DENR.oubliccomments
[External] Blue Ridge Paper
Tuesday, April 27, 2021 3:41:14 PM
2021 AW Pigeon WQ Permit Comments.pdf
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Please accept the attached comments on Blue Ridge Paper (National Pollutant Discharge
Elimination System (NPDES) discharge permit NC0000272)
Thanks!
Kevin Colburn
National Stewardship Director
American Whitewater
[e-mail]
828-712-4825
Join American Whitewater!

H�TEEMCAIV
WWATER
www.americanwhitewater.org
[e-mail]
April 27, 2021
Kevin Colburn
National Stewardship Director
P.O. Box 1540
Cullowhee, NC 28723
828-712-4825
Re: Comments on Blue Ridge Paper (National Pollutant Discharge Elimination System (NPDES)
discharge permit NC0000272)
Dear NCDEQ,
American Whitewater is a national non-profit 501(c)(3) river conservation organization founded
in 1954. We have over 6,200 members and 100 local -based affiliate clubs, representing
approximately 80,000 whitewater paddlers across the nation. American Whitewater's mission is
to protect and restore America's whitewater rivers and to enhance opportunities to enjoy them
safely. The Pigeon River is one of the most popular paddling rivers in the Southeast and the
nation thanks to regular summer dam releases, fun rapids, and improved water quality.
As recently as the 1990's the dark brown water of the Pigeon River burned paddlers' eyes and
caused infection and other concerns. Brown foam was common. Many people would not paddle
the Pigeon for fear of chemical poisoning impacts and because color, odor, and other water
quality elements diminished the paddling experience. Since that time much progress has been
made, with ample credit due to Blue Ridge Paper, state regulators, and public river advocates.
The result of water quality improvements is now a river that according to American Outdoors
was the most rafted river nationwide in 2020. Pandemic aside, the recreational use has
ballooned in recent years on the Pigeon, despite rafting trends elsewhere falling. Western North
Carolina has a burgeoning whitewater gear building industry in part because of the Pigeon
River, and a game -changing whitewater rafting economy in East Tennessee is based on the
Pigeon. Smallmouth bass fishing has also picked up to the point that the river supports
professionally guided fishing trips. The Pigeon River has long been a working river, and now it is
working for more people.
With all of this said, the river is still obviously impaired. Fecal coliform levels and algal blooms
occasionally threaten public health, temperature impacts can harm fish, dioxin remains in
sediment and fish tissue, the water remains stained brown, and like nearly all inhabited river
basins the risks of polyfluoroalkyl substances (PFAS) are becoming more clear. These
impairments continue to threaten public and environmental health and diminish the beneficial
uses of paddling, fishing, and swimming.

Paddlers ingest Pigeon River water. When we flip and get splashed the water enters our bodies
through our ears, nose, mouth, eyes, and any cuts we may have. Over even a single day, this
can add up to be a significant amount of water. Because of this fact, American Whitewater
requests that progress continue to be made toward a clean and healthy Pigeon River that fully
supports it's beneficial uses. In practice this means the issuance of a new permit that is certainly
no less protective than the prior permit, and that requires and inspires ongoing improvements.
Color
Part of the proposed new permit would remove the color variance, essentially finding that the
color of the river is normal and acceptable. It is not. The water is stained brown - more so than
any other regional river. This fact is obvious to paddlers who travel around the region paddling
rivers flowing through a wide array of watersheds. Color matters - no one wants to drink brown
tap water or swim in a brown pool - yet that is what paddlers must do to enjoy the Pigeon River.
Importantly, the color studies cited in the permit documents likely were not based on surveys of
people who regularly immersed themselves in rivers or who drink/ingest the river water in
question via recreation. Also, these studies are 25-30 years old, when perceptions and
expectations of river quality were likely different. Color is an indication of impurities in the water
which rightly concern river recreationists. For us, river water is drinking water, so color is not just
an aesthetic consideration to be left to casual observers 30 years ago to decide. The mill
operations significantly change the color of the water, and improvements should continue to be
a goal. While we wholeheartedly appreciate the improvements made to improve the color
impacts on the Pigeon River thus far, a variance should be maintained.
Fecal Coliform
The mill treats the town's sewage along with the mill's waste, and there have been a number of
instances in which there have been bacteria levels released that violate state standards. The
new permit should strive to prevent these releases given the large number of people enjoying
the river downstream. This issue is certainly not unique to the mill, but as more people are
getting outside and enjoying Western North Carolina's and Tennessee's rivers, releases of
dangerous levels of bacteria pose a real public health threat, and an economic impact, and
should be avoided to the extent possible.
Dioxin
Perhaps no chemical pollutant is as notorious in the Pigeon River as dioxin, a dangerous
carcinogen that is still present in fish tissues. Fish tissue should be regularly tested and those
tests should not be reduced in the new permit.
Water Temperature

Paddlers know that warm waters are not as healthy, especially for fish, and the new permit
should reduce the temperature fluctuations allowed by mill discharges. Average temperatures
are simply not relevant to aquatic life, any more so than average flows are relevant to assessing
flood risks. The biological impacts occur based on instantaneous temperature spikes (not
average), something that is routinely measured by USGS gages and other instrumentation. We
suggest continuous temperature monitoring.
Polyfluoroalkyl Substances (PFAS)
Toxic pollutants called polyfluoroalkyl substances (PFAS) do not biodegrade, often persist in
organisms, and pose significant health concerns. The more scientists learn about PSAS the
more clear it becomes that chemicals that produce PFAS should be tracked and when possible
not discharged into waterways. We request analysis and protections regarding PFAS in the new
permit.
Thank you for considering these comments and the interests of the tens of thousands of people
who immerse themselves in the pigeon river while paddling each year. We are hopeful that Blue
Ridge Paper can continue it's progress toward a healthy Pigeon River.
Sincerely,
Kevin Colburn
National Stewardship Director
American Whitewater
PO Box 1540
Cullowhee, NC 28723
828.712.4825
[e-mail]

From:
To:
Cc:
Subject:
Date:
Attachments:
Don Safer
SVC DENR.oubliccomments
Jen [e-mail]
[External] FW: Blue Ridge Paper Products
Tuesday, April 27, 2021 5:01:19 PM
Blue Ridge Paoer Comments 4-5.odf
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The Tennessee Scenic Rivers Association (TSRA) and 13 co-signing groups or businesses respectfully
submit the attached comments for the Blue Ridge Paper Products NPDES Wastewater Discharge
Permit #NC0000272.
Please let me know as soon as possible that you have received these comments.
Thank you,
Don Safer
TSRA Board Member

Sent via [e-mail]
April 27, 2021
North Carolina Department of Environmental Quality
2090 U.S. 70 Highway
Swannanoa, North Carolina 28778-8211
RE: BLUE RIDGE PAPER: Permit Number: NC0000272
To Whom it May Concern:
In response to your request for public comments concerning the draft NPDES permit for
the above reference applicant, the Tennessee Scenic Rivers Association offers the
following. In addition, the organizations and businesses listed at the end of these
comments sign on and support these comments.
The Tennessee Scenic Rivers Association (TSRA) is a paddling organization based in
Nashville, Tennessee. Protecting clean water and free -flowing rivers in Tennessee is one
of TSRA's core missions. We represent approximately 600 members interested in
paddling rivers, cleaning up waterways, and generally protecting this vital resource within
our state. Many of our members paddle sections of the Pigeon River downstream from
Waterville, North Carolina to and beyond Hartford, Tennessee.
Since the Pigeon River flows into Tennessee from North Carolina, our organization is
keenly interested of upstream discharges into the river that may affect its water quality. It
is our organization's opinion some of the changes to the Blue Ridge Paper draft NPDES
permit will negatively impact the water quality of the river in Tennessee.
Below are our comments:
1. Color Variance
TSRA believes color is still objectionable in the Pigeon River in Tennessee.
Unfortunately, the draft permit proposes to eliminate the color variance. As stated
in "Conclusions/Recommendations" in the History of NPDES Permit for Blue Ridge
Paper, LLC, document, based in part on "the increased use of the river for
recreational purpose[s], and facility requested removal of the Color Variance
applicable to their permit," the color variance would be discontinued. The Division
believes that "the facility has achieved compliance with the intention of the NC
narrative water quality standard at 1 A-NCAC-02B-.0211 and is no longer eligible to
continue the variance."
1

Ironically, North Carolina submits that the success of the color variance is grounds
for eliminating it, ignoring that additional improvement can and should be achieved.
The color variance has been the foundation for the continued health and
environmental improvement of the river over many years and there is continued
necessity for the variance. Removal of the color variance will simply kneecap the
river's further progress. It appears North Carolina has declared victory and gone
home when the battle is not yet won.
The NCEQ has a regulatory, fiduciary duty to protect the Pigeon River and the
proposed color variance removal will retard rather than enhance the water quality
parameter for color. The Division's rationale itself notes that EPA translated a
narrative standard to a numeric value for the Pigeon River in the early 1980's,
determining "an instream standard of 50 PCU (platinum -Cobalt units)." The
Division's rationale recognizes that "in absence of acceptable site -specific color
perception studies, North Carolina DEQ is forced to use 50 PCU as the de facto
instream color standard" (emphasis in original). The Division's proposal contradicts
the "de facto instream color standard" that its rationale recognizes and abrogates
EPA's color standard. This would be legally questionable. It is by utilization of the
50 PCU standard that there has been such remarkable success in cleaning up the
Pigeon River over the past several decades. The color standard has acted as a
safeguard and catalyst for the progress. If this mill is to keep discharging, the
color variance continues to be required under rules of the Clean Water Act
and so should not be removed.
2. The existing NPDES permit for this facility was issued in May 2010. Federal
regulations require these types of permits shall be reviewed and reissued at five
(5) year intervals. An eleven (11) year interval for review and public comment of
this permit is not acceptable. This delay in reissuance has not allowed for the
public to make timely comments about the allowable discharges from Blue
Ridge Paper Mill.
3. The 2010 NPDES permit calls for the papermill to submit reports to the State of
North Carolina detailing any spills associated with color within the plant or
proposed improvements at the facility. We respectfully request copies of these
reports for review and the required investigation of improved color removal
technology that was to be conducted once during the term of the permit.
4. The draft permit calls for an increase in withdrawal from the Pigeon River at the
plant from 29.9 mgd to 34 mgd. The summer 7Q10 at this location is 52 cfs (34
2

mgd). The Town of Canton's water treatment plant can process up to 4.0 mgd.
This permit would allow the plant and Town to withdraw the entire flow from the
river during low flow conditions before discharging treated wastewater back into
the stream. This increase in flow withdrawal should not be permitted.
5. The proposed permit does not include maximum allowable concentrations for
BOD5, total suspended solids, total nitrogen and total phosphorus. This permit
should include these values in order to continue to protect the health of the
Pigeon River.
We appreciate your consideration of our comments. If you have any questions or need
additional information, please do not hesitate to contact us.
Sincerely,
TENNESSEE SCENIC RIVERS ASSOCATION
Sallie Barr, President
Cc: Ms. Jennifer Dodd, Division of Water Resources, TDEC
U.S. Environmental Protection Agency, Region IV
The following organizations and businesses sign on to these comments:
American Canoe Association
Andrea White
State Director for Tennessee
ACE Kayaking School
Joe Gudger and Morgan Cox, Owners
Ocoee, TN
Appalachian Paddling Enthusiasts
Jerry Smith, President
Johnson City, TN
Beaver Creek Kayak Club
Charlie Austin, President
Knoxville, TN
3

Bluff City Canoe Club
Paul Beebe, President
Memphis, TN
Chota Canoe Club
David McConnell, President
Knoxville, TN
East Tennessee Whitewater Club
Tina Owens, President
Oak Ridge, TN
Harpeth Conservancy
Jim Redwine, Vice President and COO
Brentwood, TN
Nolichucky Outdoor Learning Institute
Scott Fisher, Founder
Erwin, TN
Tennessee Citizens for Wilderness Planning
Mark Bevelhimer, President
Knoxville, TN
Tennessee Environmental Council
Jeffrey Barrie, CEO
Nashville, TN
Tennessee Valley Canoe Club
Darren Caputo, President
Chattanooga, TN
West Tennessee Canoe and Kayak Club
Daniel Rogers, President
Humboldt, TN
4

From:
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Cc:
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Date:
Dorothy Barnes
SVC DENR.publiccomments
dotbarnes(ame.com
[External] Blue Ridge Paper Products
Tuesday, April 27, 2021 7:20:01 PM
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North Carolina Department of Environmental Quality
RE: Blue Ridge Paper 2021 permit 272 regarding pollution discharge to Pigeon River
April 27, 2021
Dear DEQ Permit Review Committee Members,
These comments are written on behalf of my extended family, cc'd, and myself concerning proposed changes
to NPDES Permit NC0000272 regarding pollution discharge into Pigeon River. We East Tennesseans are proud of
our Smoky Mountains, nature, and our waterways, but we are highly concerned that if the proposed permit
changes are approved, river pollution will increase, affecting aquatic life, recreation, water quality, and industry
downstream from the polluting facility.
We believe that the proposed permit changes are unacceptable as they will likely introduce increased
risks to our community and stray too far from the regulatory principles established through the Clean
Water Act. We strongly urge you to reject the permit changes for the following reasons:
1. Increases in Toxicants
a. The permit acknowledges that several toxicant discharge rates were recalculated upwards based
on increased production capacity at the facility but that they were to be maintained at current levels
to protect the receiving stream. However, the permit increases the amount of CHLOROFORM, a
dangerous, toxic, and cancer -causing chemical used by paper companies in the bleaching process
but offers no explanation for why this dangerous discharge is acceptable. We feel that it is not
acceptable.
2. Increases in water extraction
a. The permit requests a 17% increase of water to be removed from Pigeon River for processing at a
time when water reserves across the globe are in jeopardy.
3. Questionable methods of color testing
a. There are problems with how testing of color is being done downstream. Testing is not at point of
discharge from plant which allows clean water from mountain streams to mix in with toxic water,
thereby likely diluting the toxicity levels. This testing should be done at initial point of discharge into
the River NOT miles downstream.
4. Increased risks to regional economy, local livelihood, recreation, and wellbeing
a. Though the State of North Carolina classifies the Pigeon River as a Class C where recreation is
secondary and "includes wading, boating, and other uses involving human body contact with water
where such activities take place in an infrequent, unorganized, or incidental manner", the State of
Tennessee classifies the Pigeon River differently and, specifically, notes its use for Recreation
purposes, which includes organized, regularly scheduled rafting excursions where there is human
body contact with the water. In Cocke County, rafting brings in excess of $200,000 annually in fees.
Like most rivers, The Pigeon River does not recognize political boundaries. It enters Cocke County,

runs through Sevier County before emptying into Douglas Lake. So it is not only Cocke Countians
at risk, but the many individuals who use these waters for recreational activities for rafting, fishing,
kayaking, and swimming along its entirety.
b. The professional commercial rafting guides from companies located in Hartford, private boaters,
fishermen, kayakers, and swimmers will tell you that they often deal with rashes and reactions to
the chemicals that are discharged upstream. Contrary to the rationale presented in the Permit
proposal, color is NOT and aesthetic concern. The Pigeon River color varies from light to dark
brown, or tea -colored many days and this discoloration is the result of the discharged chemicals.
c. In the 1980's class action lawsuits, filed in federal court against the paper company, were for
property damages with chemical pollution contributing to deaths. Hartford, Tennessee, the first
town downstream of the paper company, used to be called "Widowville", due to deaths in the
community caused by the River pollution. For example, the EPA checked one family's well where
both parents had died from cancers induced by dioxin consumption. Children of that family were
told by the EPA to not drink the well water as it was contaminated by dioxin.
d. The River smells like the acrid papermill all the way to Newport, Tennessee. On non -rafting days,
or days of low water flow, the water also has foam as it has for years.
5. Increased risks to ecology
a. The proposed extension of the Temperature Variance notes that the facility is not able to meet the
current State of North Carolina temperature requirement. Though the variance has been in place
for multiple permitting cycles, the facility should be required to continue to enact ongoing efforts to
lower the temperature impact on the river, not maintain an arbitrary status quo put in place may
years ago. The temperature variance (Delta T) requirement should be made more stringent with
every permitting cycle.
Finally, the permit change request notes that there have been EIGHTEEN Notices of Violations issued to
Evergreen in the last reporting period ranging from fecal coliform limits to toxicant discharge violations.
This indicated that more stringent requirements and more strict monitoring is required, not less. NCDEQ
should not allow more lenient measures.
PLEASE DO NOT ALLOW THE PAPER COMPANY REQUEST FOR LENIENCY TO BE HONORED.
Respectfully submitted, this 27th day of April, 2021.
Dorothy (Dot) Barnes
Chuck Smithpeters
Brummitt and Joyce Smithpeters
Carl and Felicia Shelton
Amber Shelton
Sent from my iPad

From:
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Date:
Jim Janney
SVC DENR.oubliccomments
[External] Blue Ridge Paper
Tuesday, April 27, 2021 11:12:23 PM
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Greetings,
While I am not a resident of North Carolina, I live downstream from the Blue Ridge Paper
Facility in Knoxville, TN and am a frequent user of the Pigeon River from its headwaters
along the Blue Ridge Parkway down to its confluence with the French Broad River just
upstream from Douglas Lake. I first paddled the Pigeon River in the summer of 2002 with my
Mother and Brother while on a trip to visit local colleges. I've since paddled the Pigeon River
with my Father and Wife, and hope to paddle the Pigeon River with my Daughter and future
Son (anticipated September 2021). I've paddled most of the sections of the Pigeon River,
starting with the headwaters of the Big East Fork, Middle Prong, and West Fork, continuing
down to the Hepco stretch which flows into Lake Waterville, as well as below the damn on the
Pigeon Dries (the normally dewatered section), the Pigeon Gorge, and the Lower Pigeon
below Hartford. In the last year, I've recreated on the waters of the Pigeon River more than 10
times.
Unfortunately, while the other aspects of the river are fantastic throughout, the water quality is
dramatically affected at the Blue Ridge Paper Facility in Canton, NC. Going into Canton is
some of the most pristine water in all of North Carolina, emanating from the Shining Rock and
Middle Prong Wilderness area. Coming out of Canton, the water is tainted, visibly darkened,
offensively pungent, and irritating to exposed skin and mucous membranes. While this
change does not prevent me from paddling the Pigeon below Canton, it certainly reduces the
number of days per year I recreate there and reduces the quality of the experiences I have.
I've attempted to educate myself on the processes of paper mills; however, I'm certainly no
expert on those processes and their by products. I do know that the EPA clean water act is
intended to prevent activities which benefit upstream constituents at the expense of
downstream constituents. I understand that Paper Mills are operations which inherently come
with undesirable byproducts and their discharges may be difficult to bring into compliance;
however, we should still strive for improving compliance over time. The permit renewal
should not allow provisions for increased discharge, color and temperature variations and
reduced monitoring. Instead this permit renewal, as well as future permit renewals, should
aim to gradually steer Blue Ridge Paper operations in Canton, NC towards EPA Clean Water
Act compliance, even if this forces additional investment and innovation to accomplish. I
understand that full scale compliance is unachievable in the short term, and do not wish to see
Blue Ridge Paper shutter their doors; however, this discharge problem will never be corrected
if Blue Ridge Paper is not forced to apply resources to the problem through continually more
stringent permitting until EPA Clean Water Act compliance is achieved. Simply passing the
cost of not continually improving the Blue Ridge Paper Operations to the Pigeon River and
downstream constituents is unacceptable.
In summary, the discharge of byproducts from the Blue Ridge Paper mill in Canton, NC has a
negative impact on the water quality, quality of life, and property values along the Pigeon

River corridor and downstream into the Tennessee River. The Pigeon River has seen
improvements in water quality since I began recreating on the river nearly 20 years ago;
however it still has a long way to go to reach the potential offered by its pristine headwaters. I
hope one day, 3 generations of my family can recreate together on the Pigeon River, without a
noticeable decrease in water quality at the Blue Ridge Paper mill. If that's the case, I would
certainly spend more time and money in Haywood County, NC and Cocke County, TN, and
would consider moving to Haywood County to be closer to the opportunities afforded by a
cleaner Pigeon River.
Thank you for your consideration,
Jim Janney
10700 Fox Park Lane
Knoxville, Tn 37931

From:
To:
Subject:
Date:
Cheryl Buchignani
SVC DENR.publiccomments
[External] Evergreen Packaging Water Permit
Tuesday, April 27, 2021 7:38:47 AM
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attachment to Report Spam.
To whom it may concern:
My husband and I are recent residents of Waynesville, having purchased property here in January 2021.
We have been in love with NC for almost 10 years and consider ourselves blessed to finally retire and live
in a state so rich in natural beauty and resources. We moved here from Chicago IL, and I don't know if
you can appreciate the vast difference between these two areas like we can.
We are appalled and heartsick over this current proposal to relax restrictions for Evergreen. In this age
of climate crisis it is unbelievable that this backsliding is even being considered. Like the trash that I see
strewn over NC roads and in ravines and ditches, it shows a lack of concern and gratitude for what is
given to us...
Relaxing standards now is dangerous and frankly irresponsible. Dramatic? Well, just look at the recent
COVID surge due to relaxing mask wearing and social distancing policies.
Many years ago Joni Mitchell cautioned us that "You don't know what you've got 'til it's gone". PLEASE
don't pave this paradise and put up a parking lot.
Cheryl Buchignani
Waynesville, NC

From: Sommer Coen
To: SVC DENR.publiccomments
Subject: [External] Keep the Pigeon Clean
Date: Tuesday, April 27, 2021 4:49:08 PM
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attachment to Report Spam.
Keep the Pigeon River clean. Listen to and work with CWEET as they speak for us locals. The
river already smells like sulfur on a hot summers day, lets not make that the norm on any day.
Sommer Coen

From: Kountis, Elizabeth
To: SVC DENR.publiccomments
Subject: SELC Comment on BRP
Date: Wednesday, May 12, 2021 12:06:52 PM
From: Debbie Carter [mailto:[e-mail]]
Sent: Tuesday, April 27, 2021 2:57 PM
To: SVC_DENR.DAQ.publiccomments <[e-mail]>
Cc: Debbie Carter <[e-mail]>
Subject: [External] Blue Ridge Paper, Public Comments
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
April 27, 2021
North Carolina Department of Water Quality
Pubic Comment Submission
for Blue Ridge Paper Products Proposed Wastewater Permit and Variance Removal
RE: Public Comment on Canton mill's wastewater permit renewal
To whom it may concern,
The Employees of Blue Ridge Paper, Evergreen Packaging, and the citizens of Canton, NC
should be recognized for their sacrifice and achievements over the past 30 years. The EPA has
been instrumental in setting quantifiable requirements and enforcing the standards, which Blue
Ridge Paper routinely meets. Although often contentious, the Pigeon River clean-up is an
environmental, business, and community success. Incremental steps for further clean-up are

welcome, but the economic impact is important too. The Smoky Mountain News article [Ref
2], did a nice job of summarizing the issues surrounding the permitting process.
Temperature
Because so much fresh water enters the Pigeon River downstream of the mill, by the time the
river reaches the TN state line the added heat is probably difficult to detect. Temperature
seems to be a localized issue for the EPA to resolve with the residents of Canton, and western
North Carolina.
As mentioned in the Smoky Mountain News article [Ref 2] heat and drought are the bigger
threats to the river's health because of reduced river flow. Weather variations related to
climate change are a worldwide challenge. At some point in time, I would hope that Blue
Ridge Paper move toward more efficient energy sources (away from coal) which could help
the river temperature issue in Canton and reduce carbon emissions.
Color
The North Carolina State rules for color are adequate. The Blue Ridge Paper variance has
served its purpose, and could be dropped. Congratulations Blue Ridge Paper on the
tremendous job clearing up the river! It's a remarkable achievement considering prior to 1990
sometimes the Pigeon River was 600-800 color units [Ref 2]. Now, Blue Ridge Paper
measures waste water routinely around 41 color units 0.4 miles below the mill's discharge
[Ref 2].
Chloroform
Chloroform is no longer used in the paper making process. Loosening the permit limit on
discharge of chloroform to mirror current EPA guidelines is a reasonable step.

Fecal Coliform
Fecal Coliform results from the paper mill treating the town of Canton's sewage. Sewage
treatment is a very important local issue for Canton and North Carolina to address in their own
best interest.
Coliform has multiple sources including municipal sewage treatment plants and accidental
discharge, plus many small distributed sources which include septic tank "leaks" and
agricultural run-off. This is a widespread problem throughout the US and not specific to Blue
Ridge Paper pulp processing [Ref 13]. Everyone should be working to reduce this problem
throughout the US.
Dioxin Legacy Testing
Dioxin is a legacy chemical. Once introduced into the environment, it remains for generations.
Callie Moore, now the western regional direction for MountainTrue reports, "Dioxin has not
been detected in the discharge since 1989" [Ref 2]. Currently, there are no fish consumption
advisories in effect on the Pigeon River," which is a very good sign.
But, vigilance is important. The legacy remnants of dioxin buried along the river may still be
an issue if disturbed. Fish testing in Waterville Lake could be reduced; but, anywhere dioxin
has become part of the environment, it should be monitored with some responsibility
belonging to the original producers.
Independent Measurements
I am in complete agreement that data should be independently collected and verified.
Collecting river data should not stop. Tennessee and North Carolina should prioritize funding
for sampling its rivers annually for pollutants, especially legacy chemicals, and report the
findings. For example, "A Report Card for the Tennessee River Basin [Ref 13]" was produced

in 2018 by Appalachian Landscape Conservation Cooperative and University of Maryland
Center for Environmental Science, with special thanks to the Tennessee River Basin Network.
In the most recent Tennessee River Basin Report Card, the state wide grade was a C. The Blue
Ridge area received a B minus. Report Cards like this provide needed data to guide
community initiatives, goals, and more importantly lead to improved local waters. Everyone in
the region has a stake in the health of the land and water in Western North Carolina, and
Tennessee. Community involvement with citizen science projects is an important way to
stretch resources and effectively help reduce the expense of monitoring.
In Conclusion
Blue Ridge Paper has achieved some good results sought by State of Tennessee and EPA,
which began with a major litigation in 1983 [Ref 10]. The Pigeon River is now beautiful and
aesthetically pleasing with economic benefit to Tennesseans. Its time for The State of
Tennessee to recognize the goals sought in the 1980's have been met and in many cases
exceeded by Blue Ridge Paper (and Evergreen Packaging).
Although, Tennessee must remain vigilant by monitoring its own river and lake health as a
statewide initiative. Sampling should include agricultural, industrial, municipal, and other
runoff pollutants. If legacy chemicals are discovered in the water, responsibility for cleanup
should be tied to the original source if possible. The data should be compiled to provide local
River Report Cards so all Tennesseans can measure success locally, and identify areas needing
improvement.
Respectfully prepared as Public Comments
Deborah Carter
Knoxville, Tn (born in Asheville, NC)
I am a citizen scientist. My opinions are based upon personal memories, experience, and the

desire for others to have the chance to appreciate the beauty of the mountains and its waters.
References:
1. "Paper Mill Fights EPA Controls: Jobs vs. Pollution: 2 States Clash Over River Cleanup"
by David Treadwell from July 11, 1989 available online in the Los Angeles Times.
2. "Paper and the Pigeon: Canton mill's wastewater permit up for renewal", written by Holly
Kayes, dated 10 February 2021, published online in the Smoky Mountain News.
3. "Canton Mill pursues new pollution permit", by Becky Johnson, dated 13 January 2010,
online Smoky Mountain News.
4. "Quality Criteria for Water 1986", Office of Water Regulation and Standards, Washington,
DC 20460, EPA 440/5-86-001, Pages 17 and 18 (of 395)
5. "Dozens of cars collide during foggy weather near Canton", UPI Archives (on-line),
November 2, 1990, unknown author
6. "Industrial snow — how does it happen?" by Ryan Coutler,
https//wlos/com/news/local/industrial-snow-how-did-it-happen-in-canton, February 10, 2021
7. "Accord Clears Way to Give River New Look", New York Times article,
https://nytimes.com/1988/03/13/us/accord-clears-way-to-give-river-new-look, writer' s name
unreadable, March 13, 1988
8. "Canton, North Carolina", Wikipedia

9. "1990 Interstate 75 fog disaster", Wikipedia
10. "Champion Pulp and Paper Mill in Canton, NC Timeline", Forest History Society,
https ://foresthi story. org/digital-collections/champion-pulp-and-paper-mill-in-canton-nc-
timeline/
11. "How Fog Forms", National Weather Service, https//www.weather.gov/lmk/fog tutorial
12. "That Time A Paper Mill Was Blamed For A Massive Highway Crash",
www. carthrottle. com/post/that-time-a-paper-mill-was-blamed-for-a-massive-highway-crash/,
by Kyle Ashdown, 13 January 2018
13. "Tennessee River Basin Report Card", by Dylan Taillie, Emily Nastase, Heath Kelsey, Bill
Dennison, Andrew Elmore, 2018-02-09, https://ian.umces.edu/publications/tennessee-river-
basin-report-card/

From:
To:
Subject:
Date:
Whitney Laws
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Wednesday, April 28, 2021 2:37:16 PM
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attachment to Report Spam.
To whom it may concern,
am a raft guide, a national park volunteer, and a teacher for the Cocke County
school system. The past 2 years I have been both proud and in aah of the
improvement in the quality of the river. I want to see the quality of the river improve
for our county and other counties down stream.
We have made drastic changes to the quality of the Pigeon River over the past couple
decades. Now is not the time to be idle and allow relaxed guidelines on waste discharge
allowed in OUR water. We still have leaps and bounds to go before our waterways are clean,
so please do not relax guidelines now. This river is our river. It doesn't only belong to one
person or business. It belonged to generations before and will belong to generations after...
"No one has the right to use America's rivers and America's Waterways, that belong to all the
people, as a sewer. The banks of a river may belong to one man or one industry or one State,
but the waters which flow between the banks should belong to all the people." -LBJ
Thank you for your time,
Whitney Laws

From: Tommie Sutton
To: SVC DENR.oubliccomments
Subject: [External] Blue ridge water permit
Date: Wednesday, April 28, 2021 10:24:33 AM
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an attachment to Report Spam.<mailto:report.spamnanc.gov>
The pollution from the paper co needs to stop. If the people of NC thinks it's ok to pollute the River the towns of
Canton,Clyde& Waynesville need to use the polluted River as there drinking water. Give this option for those in
favor of massive pollution going on in the state & see how they like this option.
You're truly
Tommie Sutton
President Big Bear Rafting
Hartford TN
Sent from my iPhone

From:
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Subject:
Date:
Attachments:
Clean Water Expected in East Tennessee
SVC DENR.publiccomments
[External] NPDES permit # NC0000272
Thursday, April 29, 2021 1:10:22 PM
Pigeon river comments to NC.docx
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attachment to Report Spam.
Please find attached comment for the overdue Pigeon River permit to pollute.
Than you,
Deborah Bahr
cweet.org

North Carolina Division of Environmental Quality
April 29, 2021
To Whom it May Concern;
I am writing on behalf of Clean Water Expected in East Tennessee. Citizens of Cocke and
surrounding counties are distressed and concerned over proposed changes to the
NPDES Permit # NC0000272 for the Pigeon River. Over 11 decades of degraded water
inflicted on downstream communities is ENOUGH!
Dropping the color variance is unacceptable! This last week the color , odor, and general
slime that is difficult to remove from gear and bodies has been especially rancid. This is
toxic. Visitors and locals have been commenting on the smell also, a chemical smell that
leaves a taste in the mouth. The Pigeon river is considered degraded by the state of
Tennessee, perhaps because they are more aware of the state of the water than North
Carolina? These factors of smell, color and foam impact the esthetic of enjoyment along
the river and hurts our tourist economy!
Fecal coliform is an issue, and since the Mill treats the town's sewage it must also be
considered in this permit.
Dioxin should continue to be tested in fish. This dangerous carcinogen has impacted the
communities downstream for far too long. Recently the medical community is realizing
the generational effects of dioxin in our environment and in humans. CWEET believes
dioxin testing stopped in 2014, before the permit SHOULD have been reviewed, five
years ago. Dioxin tests should not have been discontinued and SHOULD be stringently
required in this permit and reported to downstream communities, in plain language so
citizens may easily comprehend the results. An independent lab should do the testing
and reporting.
Temperature of heated releases should be minimal. The trout stream quality of water
above the mill should be of the same quality as below the mill, currently NOT the case.
Toxic pollutants called polyfluoroalkyl substances (PFAS) are used in industries like
pulp and paper packaging to enhance water-resistant properties of paper products, do
not biodegrade, often persist in organisms, and pose significant health concerns. The
more scientists learn about PSAS the clearer it becomes that chemicals that produce
PFAS should be tracked and when possible not discharged into waterways.
The amount of effluent dumped into the Pigeon river should be lowered substantially.
Decades ago, Cocke county citizens requested no more than 22,000lb. limit as opposed
to the 36,000lb limit currently allowed. This amount should have been reduced in 2015.

The Clean Water Act calls for No Backsliding on permits. NC is already 5 years overdue
in making any reduction, it is time to do the right thing!
Daily dumping limits should be set and enforced. Averaging the amounts weekly or
monthly allows for conditions that are outrageous for downstream communities to have
to deal with. Large piles of foam have once again become more common. The color and
smell ARE impacting our ability to use the river for recreation and that does impact our
economy. Tourists ask guides and locals about what they see and smell, how the water
feels. The potential for our historically distressed economy to build and recover from
over 100 years of pollution by the NC mill is impacted by the continued degradation of
our precious natural resource, the Pigeon River!
No one has looked at the effect these changes are having through the ecosystem as
some of the larger birds and mammals have come to river for sustenance. We know the
raft guides who are continuously exposed to the degraded water of the Pigeon suffer
from health issues. The pollution effects downstream communities in very real ways. Do
the right thing, you were forced in the past to finally take a stand and clean up the river,
this time take the initiative to get the job done. Downstream communities are proud of
the recovery the mill was forced to take in the 1990's. Do not be idle, become good
stewards and good neighbors, CLEAN UP THE PIGEON RIVER. Create a more stringent
permit that addresses our issues, NO BACKSLIDING!
Deborah Bahr
cweet.org
865-453-8535
966 Yellow Breeches Rd
Cosby, TN 37722

From:
To:
Cc:
Subject:
Date:
Attachments:
Sarah Hayden
SVC DENR.publiccomments
bclarke
[External] Blue Ridge Paper Products
Thursday, April 29, 2021 2:35:58 PM
Blue Ridge Papers Written Comments Following Public Hearina.odf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Please find attached Blue Ridge Paper Product's Written Comments Following Public Hearing. The
hard copy will follow via USPS.
Please let me know if you have any problems with the attachment or with the cloud link. A copy of
the cloud link is below as well as in the attached Written Comments.
https://rsnc 1.roberts-stevens.com/index.php/s/sKyEnYHN2DMpS7q
Thanks,
Sarah Hayden
Legal Assistant I Roberts & Stevens, P.A.
City Centre Building 1301 College Street, Suite 400, Asheville, NC 28801
Office: 828-252-6600 I Direct: 828-210-6844
www.roberts-stevens.com

BLUE RIDGE PAPER PRODUCTS' COMMENTS IN SUPPORT OF THE RENEWAL
OF NPDES PERMIT #NC 0000272 AND PROPOSED REMOVAL OF COLOR
VARIANCE (via e-mail to [e-mail] )
Blue Ridge Paper Products LLC d/b/a Evergreen Packaging ("Blue Ridge Paper"), submits
these written comments in support of the renewal of NPDES Permit #NC 0000272 and removal of
the color variance.
1. Timing of Permit Renewal
A. Blue Ridge Paper timely filed application for renewal of its NPDES Permit on
December 31, 2014. In March of 2015, work on the issuance of the permit was
stayed at the request of Region 4 of EPA and the Tennessee Department of
Environment and Conservation ("TDEC"), so that a study of the Pigeon River basin
in North Carolina and Tennessee could be conducted.
B. From March of 2015 to the fall of 2017, EPA collected existing information on the
Pigeon River basin from Blue Ridge Paper, the North Carolina Department of
Environmental Quality ("DEQ) and TDEC.
C. In March of 2017, EPA decided that the basin study was no longer a part of its core
mission. Despite requests from DEQ, EPA has not produced any "report" of the
basin study.
D. Since the fall of 2017, Blue Ridge Paper has been working closely with DEQ on
the renewal of the permit.
E. Prior to issuance of the draft NPDES Permit and removal of the color variance,
DEQ submitted the draft NPDES Permit and removal of the color variance to EPA
Region 4 and TDEC for input and comment.
F. The public hearing on the draft NPDES Permit and removal of the color variance
was originally scheduled for January 20, 2021. The public hearing was rescheduled
at the request of TDEC and held on April 14, 2021.
2. Temperature
A. The current NPDES permit has a weekly average limit for temperature. Blue Ridge
Paper believes the temperature limit should continue to be a weekly average, and
has so advised DEQ.

B. Blue Ridge Paper does not believe a daily temperature limit is necessary to prevent
temperature spikes and fish kills. The temperature of the Mill effluent does not
vary widely, and there is always a zone of passage at Fibreville Bridge not affected
by Mill discharge. See comments of Charles C. Coutant, Ph.D. attached. 1
C. The most recent 316A study, which was required under the current NPDES Permit,
was done in 2012 and 2013, as part of a settlement of contested cases challenging
the 2010 NPDES Permit and Color Variance. The study determined there was a
balanced and indigenous community above and below the mill. The study was
approved by DEQ in January, 2019. The proposed NPDES permit includes, in
Section A. (12) on page 18, a requirement that another 316A study be conducted
during the permit term.
3. Dioxin
A. Dioxin has been non -detect in the Canton Mill effluent since 1989.
B. EPA did intensive high -volume sampling for dioxin in the Pigeon River
downstream of the Mill in 2014. Dioxin was detected in the samples. None of the
samples exceeded the North Carolina Water Quality standard for dioxin.
C. Sediments were also sampled, and dioxin was detected in the sediment. There is
no standard for dioxin in sediment. A report of the dioxin sampling is included
with these comments.
D. The draft NPDES Permit, A. (9.) on pages 17 and 18, requires fish tissue sampling
for dioxin in the second year of the permit. If any of the sample results exceed NC
DHHS' 4 part per trillion TEQ action level, Blue Ridge Paper will conduct
additional fish tissue sampling in the 4t' year of the permit
4. Technology Based Limits
A. EPA publishes effluent guidelines for pulp and paper.
B. EPA did not publish an effluent guideline for color. Instead, EPA decided color
should be regulated on a site specific, case by case basis, using Best Professional
Judgment (of the permit writer).
C. In developing the draft NPDES Permit, North Carolina determined that the water
quality standard for color is being met. So, there is no need for North Carolina to
develop a technology based limit for color. Instead, North Carolina conducted a
reasonable potential analysis to determine whether or not the water quality standard
1 The last fish kill in the Pigeon River was in September, 2007, during a drought period of extremely low flow and
extreme ambient temperature (90°).

for color would be exceeded. DEQ determined there is no reasonable potential for
violation of the color standard so long as the Canton Mill is required to meet an
effluent limit of 36,000 lbs per day (annual average), 52,000 lbs per day (monthly
average) and 105,000 lbs per day (daily maximum). As an additional check, DEQ
included instream A 50 at Fibreville.
5. North Carolina Water Quality Standard for Color — Removal of the Color Variance
A. North Carolina has a narrative water quality standard for color set forth at Title 15A
North Carolina Administrative Code, Subchapter 2B.0211(12):
(12) Oils, deleterious substances, or colored or other wastes: 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.
B. Tennessee also has a narrative water quality standard for color. Historically, EPA
and others have interpreted the NC standard to be 50 platinum cobalt units of true
color (50 milligrams per liter). Blue Ridge Paper believes all of the components of
North Carolina's narrative water quality standard for color are being met.
C. The 50 mg/1 standard has never been formally promulgated as a water quality
standard by EPA or North Carolina. Prior studies attempting to establish a new
numeric interpretation of the NC standard for aesthetic purposes proved
unsuccessful.
D. Blue Ridge Paper, with the assistance of the AquAeTer consulting firm, analyzed
Canton Mill effluent color, instream monitoring results for color and flow data for
the period July 2010 through December 31, 2020. Results of the analysis
demonstrate that color in the Pigeon River, at flows equal to or greater than 129
cubic feet per second, averages 50 mg/1 or less true color at the Fibreville Bridge
more than 90% of the time. Average color upstream of the Canton Mill is 13 true
color units. Color at the NC / Tennessee state line averages 17 true color units. The
AquAeTer report on data through 2017 and an accompanying submittal were
provided to DEQ in January 2018.2 Blue Ridge Paper submitted an updated report
from AquAeTer including data through the end of 2018. An updated report
including data through December 31, 2020, is being submitted with these
comments.
E. The Color Variance should be removed as all components of the NC standard are
being met.
2 Evergreen Packaging Submittal to North Carolina Regarding Compliance with North Carolina Water Quality
Standard for Color, January 31, 2018.

6. Chloroform — The proposed increase in chloroform is based on EPA's revision of
guidelines for chloroform.
A. The chloroform limit is not an effluent limit. This is a limit on the amount of
chloroform coming out of the pine and hardwood bleach plants. Blue Ridge Paper
would propose that the limits in the 2010 NPDES Permit be retained in the renewed
NPDES Permit.
7. Backsliding
A. The proposed NPDES Permit, with corrected temperature limit, does not represent
any backsliding. The effluent limits for color remain the same. In other words, no
more color is allowed in the draft permit than in the current permit. The term,
"backsliding," is misplaced and is not applicable here.
8. Fecal Coliform
A. Blue Ridge Paper has treated wastewater from the Town of Canton since 1964.
Blue Ridge Paper acknowledges that there were issues with chlorination of the
Town of Canton's wastewater prior to discharging to the Canton Mill's waste
treatment system. Blue Ridge Paper believes those issues have been resolved.
9. Documents
Blue Ridge Paper is submitting additional documents in support of the Permit renewal
and removal of the color variance. A list of the documents being submitted is attached
hereto as Exhibit A. The documents can be accessed at the following link:
https://rsncl.roberts-stevens.com/index.php/s/sKyEnYHN2DMpS7q

Exhibit A
Documents Submitted with Blue Ridge Paper, LLC's Comments Following Public Hearing
on Renewal of NPDES Permit and Removal of Color Variance
https://rsncl.roberts-stevens.com/index.php/s/sKyEnYHN2DMpS7q
1. Letter to Sergei Chernikov
2. Evergreen Submittal with History of Color Standard in Pigeon River
3. AquAeTer Analysis of Color Concentration in Pigeon River (through 2017)
4. Evergreen Memorandum on History of 50 Color Unit Standard
5. Updated Color Concentration Report by AquAeTer (data through December 31, 2018)
6. Updated Color Concentration Report by AquAeTer (data through December 31, 2020)
7. Color Chart through 2019
8. Responses to EPA Region 4 questions February 2020
9. Charles C. Coutant Responses to Information Requests from EPA Region 4 to NCDEQ
(July 2020)
10. Fact Sheet Temperature Edits Coutant 1-28-21
11. Evergreen Packaging — Color Tech Update
12. Color Benchmarking 2014 EKONO
13. Color Benchmarking 2018 for Evergreen Packaging by EKONO (2017 data)
14. US EPA Report of Pigeon River High Volume Sampling August 2014
15. NCDEQ Letter Approving 316a Report (Cindy Karolyi)
16. Engineering Alternative Analysis by AquAeTer

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Subject:
Date:
Attachments:
Hope Taylor
SVC DENR.publiccomments
[External] Blue Ridge Paper Products --Clean Water for North Carolina Comments April 29, 2021
Thursday, April 29, 2021 4:43:32 PM
CWFNC April 2021 commments on NC000272.doc
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
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Clean
Water
for
North Carolina
1070 Tunnel Rd. Bldg. 4, Suite 1, Asheville 28805 [phone]
April 29, 2021
Mr. Daniel Smith,
Director, NC Division of Water Resources
1617 Mail Service Center, Raleigh, NC 27699-1617
Mr. Sergei Chernikov
Permit Engineer, NPDES Unit
NC Division of Water Resources
Ms. Anna Gurney
Public Information Officer, NC DEQ, Div. of Water Resources
Via Email: [e-mail] subject: CWFNC Comments Blue Ridge
Paper
Clean Water for NC Comments on the Draft Permit NC0000272 for Blue Ridge Paper
Products dba Evergreen Packaging
Please accept these comments on behalf of Clean Water for North Carolina, a
statewide, science -based, Environmental Justice organization that has worked
extensively for fair and effective environmental enforcement, for safe and affordable
water and for the quality of life, health and economic well-being of downstream and
downwind communities.
Introduction

Again, we find ourselves in opposition to a draft permit for Blue Ridge Paper
Products as drafted by the NC Division of Water Resources, and again we oppose the
proposed removal of the Color Variance. The decades -long failure of the Division to
take responsibility for reducing the impacts of a massive pulp and paper mill on a
tiny mountain river, as required by the Clean Water Act, and a Settlement Agreement
signed by Champion (or successor in interest), USEPA, the NC Division of Water
Quality, and environmental organizations party to a contested case on the 1996
permit, has resulted in preventable and unjust ongoing degradation of the Pigeon
River for downstream users, and a failure to restore it to its full designated uses,
despite decades of efforts by advocates.
We recognize that significant progress was made by the "Canton modernization" in
the early 1990's and again following the Settlement Agreement and revised 1998
permit, both resulting from strong public pressure for improvements. We stated that
the 2001 NPDES permit fell far short of requiring Canton Mill performance
improvements that would fully restore the designated uses for the Pigeon River, and
thus could not provide the basis for removal of the long-standing color variance,
contrary to statements in the previous permit "fact sheet" and hearing officer's report.
In drafting that 2001 permit, the Canton Mill, now Blue Ridge Paper Products, and
the NC Division of Water Quality ignored much of the advice from both the EPA
Tech Team and independent mill expert, Dr. Norman Leibergott. The Division and
BRPP have not given cost-effective oxygen -based process changes judged feasible by
both expert parties a chance to achieve significant color and other pollutant
reductions in their discharge. As a result, despite oral promises in 2001 from BRPP,
the EMC hearing officer and DWQ that the Mill would go -"beyond compliance," this
predictably has not happened.
As the Division's fact sheet points out, international mill expert Dr. Norman
Leibergott had previously been jointly contracted by environmental groups
(including Clean Water for North Carolina) and Blue Ridge Paper for a 2001 study on
chlorine -free production, referred to as the BEPER. Dr. Leibergott had pointed out to
us repeatedly that, unless an NPDES permit called for substantial color or other
pollutant reductions, the process changes most likely to reduce chlorine chemical
usage and color to the River would not be implemented or would be installed or
operated sub -optimally. Those were his words, encouraging us to demand
significantly lower final permit limits for color. Any comments by Mill officials or Dr.
Leibergott saying there are no known technologies to further reduce color are simply
given the lie by Dr. Leibergott's own reports, and those of the EPA Tech Team.
Before the 2010 permit renewal process, a representative of Blue Ridge
Paper/Evergreen, in his contacts with various public officials, has included a single

page from the lengthy 2006 Leibergott report, as though it were a summary of the
report. This has deliberately misled and confused those who have received it, as it is
presented in justification of BRPP statements that "there's nothing more that can be
done" to clean up the Mill's effluent. This one page from the report completely failed
to mention the extensive recommendations in the same report by Dr. Leibergott for
reducing both chlorine -based chemical usage in various pulping and bleaching
stages, and color in the Mill's discharge.
The 2001 BEPER and 2006 Leibergott report and the August, 2007 EPA Tech Team
Memo all point to several remaining cost-effective process changes and best
management practices that Blue Ridge Paper could reasonably expect to be
collectively amortized in less than 3 years, substituting oxygen -based chemicals for
part or all of the chlorine dioxide in a given pulping or bleaching stage. It is the
failure of NC regulators to honor the principles of the National Pollutant Discharge
ELIMINATION System of the Clean Water Act, and the Settlement Agreement in
which all parties agreed that more work was needed to attain "further reductions in
color in the river at the quickest possible pace." (paragraph 15,1997 Settlement
Agreement) that have caused the stalled out pollution reduction for two decades.
The Settlement to a contested case on the 2010 permit was in no way an expression of
the parties' satisfaction with the condition of the River, and the readiness to consider
removal of the remaining leverage to require cleanup of a massive discharge that
should not have been permitted on a small mountain river, but was "grandfathered
in" through continuing neglect, Based on our extensive study of the Canton Mill's
permitting history, fiberline processing, evaluations of process improvements and
best management practices for the Mill, as well as reports from users of the Pigeon
River downstream, we submit to NC DWQ and several parties the following
comments on Draft Permit NC0000272.
Color Special Condition and the EPA Tech Team report
The time is long past for studies and excuses. In the absence of clear and
enforceable DAILY limits for instream color in the River, no greater than the 50 color
unit interpretation from 30 years ago, and specifically prescribed process changes to
achieve them, it's no surprise that Blue Ridge Paper Products failed to make more
than trivial progress in reducing color (mostly reducing variability) to the Pigeon
River during another much -extended permit term. The 2001permit was unacceptably
weak and failed to require continuing progress on the River, or to provide support for
strategies that could readily and affordably have reduced color below 33,000 lb/day
of color annual average BEFORE the 2010 permit renewal. If that had been required,
we could have been at an even lower level before the 2020 permit was announced,
and the opportunity for full compliance with a standard of 50 color units at the
Fiberville bridge could have been attainable early in the coming permit term, making

removal of the variance actually justifiable.
Instead, during the previous permit term, DWQ (and more recently, DWR)
personnel have continued to delay permitting as a strategy to avoid public critique of
the lack of progress and continued to deny the availability of feasible processes for
continued reduction of pollutants in the Canton Mill's discharge. They have cherry
picked the results of Dr. Leibergott's more recent study in the fact sheet to point to
the Mill's high ranking in environmental performance, with no acknowledgement
that such an industrial ranking refers only to the percent removal of pollutants per
ton of production, and does not take into account the size of the impacted resource.
1) We strongly support the continued involvement of the EPA Tech Team in Canton
Mill permitting for the indefinite future, until conditions in the Pigeon River have
been declared by all parties to be supporting the River's designated uses, and until
there are both enforceable and enforced standards to assure that the Canton Mill is
not causing impairments to North Carolina and Tennessee waters. This will
necessarily include implementation of a long term compliance schedule and daily
enforceable numerical standard corresponding to the 50 color units (not 50 plus
upstream color) for narrative standards, as well as continued oversight by state,
regional and federal authorities responsible for protecting downstream waters.
2) The annual average color limit at the start of the renewed permit must be 33,000
lb/day or less. The Canton Mill has now been allowed to operate for nearly 2 decades
with no significant decrease in color discharge, while the discharge levels could have
been reduced by 11, 5000 to 15,200 lb/day that the Tech Team had estimated in 2001
to be achievable as a result of highest certainty and best management practices, along
with one or more reasonable certainty process changes. Thus, it is completely
appropriate that the Mill be expected to operate immediately with a limit of 33,000
lb/day annual average. The initial monthly and daily limits, to allow moderate
variability, but still provide a stimulus to continued improvement, should be no
greater than 50,0001b/day and 75,000 lb/day, respectively.
3) A variety of specific Tech Team recommendations for improved BMPs and at least
two process improvements can be implemented within the next three years to achieve
performance at or below 30,000 lb/day, with several cost effective options remaining
for subsequent permit periods.
In -Mill Process Improvements Recommended by the EPA Tech Team (Aug, 2007) and
BEPER (2001), All would have been implementable in the 2010-2013 Permit Term
" • Continue to improve the performance of BMPs to further substantially reduce and
ultimately eliminate discharges of highly -colored wastewaters directly to the
wastewater treatment system through further improvements (note — some of this has

been implemented, contributing to lowered variability due to reduced spills and
leaks)
• On the pine bleaching line, implement the use of peroxide fortification of the Eo
stage and decrease the target kappa factor as recommended in BEPER 2001 and by
Liebergott / GL&V 2006. Evaluate use of high temperature for the peroxide- fortified
extraction.
• On the hardwood bleaching line, implement the use of oxygen and peroxide
fortification of the E stage and decrease the target kappa factor as recommended in
BEPER 2001, 2006. Evaluate use of high temperature for peroxide -fortified extraction.
• Complete an expedited and detailed evaluation of and install an additional oxygen
delignification (OD) stage for the pine pulping/bleaching line.
• As chlorine dioxide use is reduced through second stage OD on the pine line and
other options on both fiber lines, further investigate increasing the amount of
hardwood filtrates recycled; investigate introducing some of these hardwood filtrates
to the BFR..."
Color treatments and other measures to reduce BRPP effluent color discharges
" • Continue to evaluate the impact of the CRP purge on treated effluent color to
determine if CRP color is removed in secondary treatment, and avoid releasing the
CRP purge during periods of low stream flow;
• Continue to investigate and implement strategies for improving color removed by
the Canton Mill wastewater treatment plant: Further analyze color formation when
acid wastewater is mixed with mill wastewater in the current configuration,
particularly in the activated sludge aeration basin, and identify other techniques, such
as minimizing sulfide releases to the mill sewer from white and green liquor leaks,
spills, and/or diversions, to reduce this effect. Increase the performance for
pretreating highly -colored wastewaters prior to introducing them to the wastewater
treatment system, including further optimizing adding polymer and other
pretreatment chemicals to the highly -colored wastewater diverted to the extra
primary clarifier and/or any additional facilities that may be provided.
• Curtail pulp production during periods of low stream flow.
We disagree with the EPA Tech Team that production reductions should only be
viewed as a last resort for low flow contingency. The fact that the Mill's management
of spills and leaks during shutdowns and startups has been inadequate only
mandates that production levels be adjusted for longer periods seasonally or in low

flows until spill management can be improved. Because production levels have been
allowed to increase over time on this small River, reducing production is a
remediation that should be implemented now, providing a positive incentive for
future production increases to previous levels through achieving further
documented, substantial in -plant reductions.
4) The EPA Tech Team called, over fourteen years ago (August, 2007), for a final
annual average discharge limit for the pending permit of 32,0001b/day, a
conservative level of achievement for the process optimization, best management
practices and one oxygen based process change considered to be "highest certainty."
In fact, we assert that final compliance limit for this permit of under 30,000 lb/day
would have been readily achievable at pre-1999 production levels by the end of a
shortened permit term if several of the strategies recommended by the Tech Team
and 2001 BEPER and 2006 Leibergott reports were implemented. It is critical that no
more time be lost in implementing those changes called for by the Tech Team, and
that the final compliance date for the conservative 30,000 lb/day annual average be
no later than April 1 of 2023.
Given the impact of increased production on BRPP's effluent, and the negligible
improvement in color loading, increases in production must be unconditionally
prohibited in the current permit and production levels must be publicly available. It
is also a reasonable public expectation that unannounced independent sampling, split
sampling and monitoring of parameters including color, whole effluent toxicity,
BOD, toxic compounds and spectrum of coliform bacteria released and in
downstream sediments be included in the permit to restore public trust following
continued agency resistance to further improvements in discharge quality from the
Canton Mill.
As the Tech Team pointed out, even without use of a Bleached Filtrate Recycling
system, the Gladfelter mill has complied with permits requiring stricter color
performance on a production -normalized basis.
5) The EPA Tech Team Memo states:
"Daily maximum and maximum 30-day average permit limits would enhance the consistency
of day-to-day in -stream water quality, and would be consistent with limits for other
parameters controlled in the present BRPP permit (BODB5B, TSS, AOX, etc.)."
To make progress toward consistent protection of water quality, we call for more
rigorous daily and monthly limits, rather than considering it acceptable to risk only
two violations during a permit period that must be moving toward levels of color
discharge. To motivate further improvements, we contend that the mill must be at
risk for more operating days, consistent with prior evaluations that identified 95%
performance levels. Occasional color spikes are still reported as unacceptable many
miles downstream, so variability must be steadily decreased.

6) Until the Mill is achieving, on a daily basis, 50 true color units or lower instream at
the end of the discharge pipe, not at the end of a newly created "mixing zone," the
facility's discharge must continue to be judged out of compliance with NC's narrative
standard. As a long-term variance has been an insufficient tool to motivate either Blue
Ridge Paper or the Division of Water Quality to seek or even accept significant water
quality improvements, we call for a long term compliance schedule to continue
forward into the subsequent permit terms, with additional color reduction
achievements as a percentage of current color discharge. A continuing compliance
schedule resembling the model set by the Settlement Agreement and resulting
rewritten 1998 permit, will be a more predictable and productive approach than a
vague variance, which must nevertheless be kept in place until full restoration of the
River is achieved. Such a schedule will result in unambiguous expectations and a
lessening of historic tensions for future permit cycles and a steadily cleaner River.
7) As the NC Division of Water Quality has allowed excessive administrative
extension as one of its tools for reducing what it sees as the regulatory burden on the
permittee, there must be a specified date for issuance of the next draft permit in order
to prevent extended permit cycles and the associated lack of water quality
improvement. We call for the pending renewal permit to include a final compliance
and renewal date no later than April 1, 2026, with no administrative extension and a
final limit of under 30,000 lb/day annual average.
8) According to the Color Special Provision, the Mill is not permitted to increase
production unless it can, at the same time, reduce color releases. This has apparently
been seen as a loophole through which BRRP can increase production while
achieving almost no progress in water quality. As long as there is some trivial actual
or apparent reduction in color discharge, such as occurred in the current 8 year
administratively extended permit term, this would seem to allow for unspecified
increased pulp production at the Mill. In fact, it is reasonable to suppose that such an
increase in production could have accounted for the quite minimal improvement in
color performance over the last 8 years, even as some limited color reduction
activities were in fact carried out! Instead, the company must be required to report its
daily production levels publicly on a monthly basis, must roll back its production to
the pre-1999 level and not be allowed to increase pulp production until such time as it
is able to comply, on a daily basis, with an instream standard for color at least as strict
as the 50 color unit standard interpretation of EPA from 33 years ago.
9) A Low Flow Contingency Plan must be an integral part of the permit's Color
Special Provision, subject to public review, rather than just filed with the Division of
Water Quality. The plan must have specific flow triggers for implementation of
additional color reduction methods, and must be a fully enforceable part of the
permit. The Plan must include the full range of strategies for color reduction to assure

compliance with a 50 color unit instream standard, including scheduled outages and
curtailment of production.
10). The NC Division of Water Quality must implement a numerical color standard
applicable to colored discharges throughout the state. Starting with the 2002 Triennial
Review, Clean Water for North Carolina has advocated for implementation of a
simple, colorometric method, using the wavelength of maximum absorbance of a
given colored discharge, and regulating by limiting the % increase of optical density
as measured at that wavelength for any given discharger to add to a water body, as
compared to upstream color measured at the same wavelength.
CWFNC has offered to provide color spectra (which we have previously provided
under Triennial Review) for example color discharges. Such a method is simple and
inexpensive to implement and can be applied even-handedly to a discharge of any
color, yet the Division has previously stated that it would be too difficult to
implement and would need to be individualized for each location. These excuses
make no sense, except to prevent any effective regulation of color added to public
waters by permitted facilities.
In any case, NC must implement a standard for receiving waters immediately below
a pulp and paper discharge that is no less stringent that the 50 color unit instream
standard which was the US EPA's interpretation of NC's narrative color standard.
Further, the method we propose would include spectrophotometric analysis of
waters downstream of Waterville Lake, as we believe that reducing chemistry may be
actually re -generating color or shifting its color spectrum.
In addition, CWFNC calls for use of an "apparent color" measurement relative to
upstream apparent color, as scattering due to particulates can be a significant
contributor to color and opacity of the River. As a paddler who canoed downstream
of the whitewater Pigeon River section near Hartford TN, not long ago, I had to cut
short a canoeing trip due to the low visibility of obstacles in the stream caused by
dark color and particulates in the water column. This occurred in clear weather
conditions, and was not the result of rain or sedimentation events, but simply due to
color and particulates coming through the powerhouse turbines.
Temperature Impact and Variance
Clean Water for North Carolina is grateful for the objection of the USEPA to the
proposed continuance in the 2010 permit term of the previous thermal variance,
reducing the average temperature difference from up and downstream waters from
13.9 degrees C to 8.5 degrees C, nearly as much as we had called for in our comments
on the 2010 draft permit. We agree with the continuance of the adjusted thermal
variance, but call for DAILY monitoring and enforcement, rather than enforcement

based on averages. Benthic impairments observed by DWQ and the Western NC
Stream Monitoring Information Exchange team and even biological anomalies
observed in the 2014 study performed by University of TN cannot be dismissed as
only due to other impacts.
We also call for the permit to implement a daily discharge temperature limit less than
10 degrees C above intake temperature, to prevent thermal shock and loss of
dissolved oxygen, especially in elevated ambient temperatures or drought conditions.
This provides a further argument, beyond color impact, to reduce production levels
and thus the volume of hot discharge during low flow conditions.
Biological and Chemical Waste Assimilation
BOD — while BOD removal per ton is high for this mill, this limit is still marginal to
ensure sufficient oxygen, even in the flowing River, and probably contributes to
chemically reducing conditions in Waterville Lake that may be intensifying color
with a different spectrum downstream of the power plant. BOD limits must be
sequentially lowered with each permit until oxygen levels are protected even at low
flows.
We believe that some of the colored compounds that may have been in an oxidized
form in the Canton Mill's discharge may be experiencing chemically reducing
conditions in Walters (Waterville) Lake and may be discharged at higher color levels
or with a shifted visible spectrum, and perhaps with altered characteristics including
chemical irritants, increased odor or foam, as compared to conditions when the river
containing BRPP wastewater flows into the Lake at Hepco. These characteristics
must be studied as part of a full ecological assessment of the River and Walters
(Waterville) Lake which USEPA had committed in the 1998 Settlement Agreement to
convene, including a full sediment sampling effort with analysis for all known
chemicals used and produced at the Canton Mill.
The failure to fully monitor, limit and assess the impacts of Biological and Chemical
Oxygen Demand may be reflected in some of the chemistry taking place in the
reservoir, both in the water column and in the Lake sediments. We call for color,
BOD, COD and turbidity measurements of influent water to the Lake and effluent
discharged directly from powerhouse turbines, as well as detailed studies on the
chemical changes in the Lke that may be affecting color, odor, foam and other
observed water quality problems below the Progress Energy powerhouse and into
Tennessee's impaired reach of the River, and in major drinking water and
recreational reservoirs further downstream.

AOX and Chloroform
The previous permit allowed for increased release of adsorbable organic halides,
noting that the limits had been recalculated as per current production levels. This was
a clear indication that the Mill's production has been allowed to increase, at the same
time that the long term goal of the Settlement Agreement was to reduce color and
other pollutants discharged to the Pigeon. The current permit proposes an increased
limit for chloroform, also claiming that it is justified based on current production
levels. These toxic compounds include known or suspect carcinogens, and we
continue to object to any increased discharge of chloroform or AOX or other toxics, or
any increased pulp production over pre-1999 to enable the restoration of the Pigeon
River.
We call for AOX and chloroform limits to be reduced at least 15% each permit cycle,
along with all TRI chemicals that are carcinogens or released at a rate of 1,000 pounds
per year, and for all such chemicals to be sampled daily in the effluent and explicitly
limited in the permit.
Other Monitoring Requirements, Frequency and Limits
Fecal coliform was the parameter for which the Mill's discharge was most frequently
in violation. While we know this is due to the mill's wastewater system treating
wastewater for the town of Canton, rather than pulping and bleaching wastewaters,
this indicates that the treatment train is not optimized for removal of bacterial
pathogens and should be evaluated and process improvements required to prevent
future violations.
Turbidity must be explicitly included as a daily monitoring parameter and limited to
the NC water quality standard in the discharge, as we believe there are times that
turbidity levels may exceed the standard. Further, turbidity levels downstream of the
Walters powerhouse may be significant, and monitoring for apparent color and
turbidity must be included in the permit.
Dioxins and Furans, Fish Tissue Sampling, Full Ecological Assessment
The draft permit apparently changes the effluent limit, monitoring frequency, and
locations at which the full range of dioxin and furan congeners is to sampled and
analyzed. No increase in the limit for dioxins must be allowed from requirements of
the 2001 permit, nor any decrease in monitoring frequency or locations.
Annual fish tissue sampling for dioxins and furans must continue for the foreseeable

future, as use of chlorine -based chemicals continues at the Canton Mill, and dioxins
and furans have been deposited in unknown but potentially high concentrations in
sediments in Waterville Lake for many decades. In addition, a selection of organic
and metal toxins in BRPP's discharge, including acetaldehyde, formaldehyde,
catechol, manganese, lead, vanadium and zinc must be added to the tissue analysis
for at least three years. Until a full ecological assessment is carried out, as required by
Paragraph 33 of the Settlement Agreement on the 1996 permit, it must be assumed
that these persistent toxins can be remobilized with a severe storm event, draining of
Waterville Lake or other disturbance of sediments.
Fish palatability, Odor, Irritants in Water in Relation to Color
Clean Water for North Carolina strongly disagrees with the statement included under
"Rationale for Removal of Color Variance" with the statement that "fish palatability
is not a parameter associated with palatability of fish." First anyone who has spent
significant time in, on or close to the Pigeon River downstream of the Canton Mill
will know that the level of color in the river is, in fact, strongly associated with the
extent of odor, bad taste of the water, as well as irritants from the Mill's discharge.
Using the word "associated" even in a strictly statistical meaning, is entirely
appropriate. NC regulators should long ago have evaluated fish palatability as part
of NC's narrative standard, but have simply failed to do so, and they have deflected
all comments from raft guides and downstream users that the perceived color in the
water does indeed serve as an indicator of other adverse characteristics of the water,
even over 40 miles downstream of the Mill.
Implications of Unfulfilled Provisions of the Settlement Agreement on 1996 Permit
A summary of key provisions of the Settlement Agreement on the 1996 permit that
have not been fulfilled follows.
Paragraph #15: Makes it clear that the provisions in the SA and the resulting permit
and variance were only a "major step" toward the restoration of the River, but that
more work was to be done "at the quickest possible pace." The data for discharged
color since 1997, coupled with the failure to require implementation of several
feasible process change and BMPs in the 2001 permit demonstrate a clear
abandonment of the approach that lead to significant progress under the "near term
package" compliance schedule.
Paragraph #18: The Technical Review Workgroup was given the responsibility to
make recommendations for improvements in the variance during NC's Triennial
Review of Water Quality Standards every three years. The TRW has reviewed the
variance only in the context of permit renewals up to 2010, and efforts by advocacy
groups to call for consideration by DWR or the NC Environmental Management
Commission during Triennial Reviews have sometimes been rebuffed.

Paragraph #25 All parties agree to an approach of stepwise moving the compliance
point for a 50 color unit instream standard back up the River toward the discharge.
This approach would be a reasonable one, with a staged compliance leading to a 50
color unit limit in the discharge itself. At the rate that progress has occurred in the
past 10+ year permit cycle, achieving this goal could take another lifetime.
Paragraph # 26 Requires a low flow contingency plan that would mandate a change
in Mill operations in the case of low River flows, including the curtailment of
production. NC Division of Water Quality has not drafted or required a credible and
enforceable contingency plan as part of the permit subject to public review.
Paragraph #27 NC committed to take the lead in reviewing and recommending
further process changes to improve water quality. On the contrary, NC has
consistently resisted expectations of progress and ignored feasible approaches to
reducing pollution discharged to the Pigeon River.
Paragraph # 29 Champion (or successor in interest) committed to not increasing
production until color can be reduced at the same time. CWFNC believes that NC has
viewed this provision as a loophole allowing only trivial reduction in color (or, as in
the current draft permit, only "apparent" reduction, with no actual improvement in
performance) to allow an unspecified increase in production. The fact that AOX
levels, calculated from the production level as per the Cluster Rules, were allowed an
increased limit and similarly chloroform in the current draft permit, indicates that
production has been allowed to increase. The Canton Mill must be required to return
to pre-1999 production levels for pulping and bleaching and report daily production
on a monthly basis to DWQ, TN and EPA, until all parties agree that the River is fully
restored. No increases in production can be considered until that time. It is widely
acknowledged that such a huge mill should never have been constructed on a small
mountain stream. To allow for increases in production without significant further
implementation of oxygen based process changes and further closure of the water
loop is inimical to protection of the resource.
Paragraph #32 Both Champion (or successor in interest) and EPA were to undertake
various efforts to support the economy of downstream communities impacted by
many years of pollution. No significant effort has been made to implement
substantive supportive actions.
Paragraph #33 Ecological Assessment of River and Waterville Reservoir. EPA was to
take the lead on this. While various studies have been done by BRPP and TN, no
comprehensive assessment has been undertaken, especially on toxic sediments in
Waterville Lake.
Paragraph #34 called for a specified deadline for issuance of the next permit after the

revised 1998 permit was finalized. As the settlement had taken a year of the permit
period that started in 1996, the next five year permit was still to be issued in 2001, by
a specific date. We did not have a similar enforceable deadline for the end of the 2001
permit, so North Carolina was able to "administratively extend" the permit until
2010, further lengthening the period in which no improvements were required. While
Settlement negotiations and EPA objections did delay full implementation of the 2010
permit for a few years, it has been 7 years since the Settlement Agreement on the
previous permit. As a result, the current permit must require a final compliance
deadline within 4 years, to make up for lost time, but no later than April 1, 2024, and
should specifically prevent such administrative extensions for all future permit
renewals to achieve a consistent 5 year renewal cycle with no delays, as required by
the Clean Water Act.
Restoration of the Pigeon River
Residents downstream of the Canton Mill have been deprived of a treatable drinking
water source, a safe and palatable fishery, an attractive clean river for recreation, free
of foam, odor and color. As the Mill was in full operation long before passage of the
Clean Water Act, agencies have failed to hold this long standing polluting discharge
accountable for the full scope of degradation it has caused to habitat and downstream
uses.
Apparently, to advocates for weak regulation of Blue Ridge Paper products, it's as if
the River is at fault for being too small, as if the River was created for the 113 year old
Mill's use, and appropriate that people who depend on a clean river downstream
should simply be grateful that a small fraction of the billions of dollars in profits from
operations over a century have finally been used to partly clean a River that should
be a safe and magnificent resource for all. A commitment to fully restore the Pigeon
River through an accountable and sustained regulatory effort would provide a
national symbol of a re -invigorated Clean Water Act.
Yours truly,
Hope C. Taylor, MSPH
Executive Director Emerita
Clean Water for North Carolina

Cc
Central EPA
Michael S. Regan, EPA Administrator
Radhika Fox Principle Deputy Admin. Office of Water 202-564-5700
EPA Region 4
Region 4 Administrator
Region 4, Director of Water Protection Division
Tennessee Agency
David Salyers, PE, Commissioner, TN Dept. of Environmental Conservation

From:
To:
Subject:
Date:
Lauren Catalano
SVC DENR.publiccomments
[External] Blue Ridge Paper Mill, Canton, NC
Thursday, April 29, 2021 2:34:33 PM
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To whom it may concern,
I am contacting you regarding the Blue Ridge Paper Mill affecting Canton, NC and all folks
downstream to Newport, TN.
Please keep the color variance that protects and improves the water quality of the region. In
order to continue creating a healthier world, we need to hold companies accountable to do
their part in contributing to do better.
Best,
Lauren Catalano

From:
To:
Subject:
Date:
Becky Rodrigue
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Thursday, April 29, 2021 10:42:42 AM
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Hello again,
I write today to tell you about a discovery I made since my last email, concerning the
water quality. The Pigeon River, where we raft in TN, dissolves liquid bandage. I've never
seen anything like it. Something you may not know about raft guiding here is that staph
infections are very common among guides, especially on the parts that contact the raft the
most, even indirectly, like through clothing. One could write this off as a raft issue, but I can
confirm after over 5 years of guiding here that the Pigeon River water exacerbates this
issue greatly. When we go to other rivers, our wounds don't feel like they are in a constant
state of infection. My liquid bandage (under my clothing) has dissolved in an hour trip
every day for weeks. Soon this will mean figuring out how to reapply between trips, or
letting my wounds go exposed, because if I took off work every time I got an infected sore
from sitting on a raft all day, I'd have to find another line of work. I know many, many
guides here are in my same situation. I don't know about them, but I clean myself
meticulously after trips every day.
The water has looked especially brown the last several days.
Please do not allow more pollution in our river. The situation is dire enough for those of
us who work on it.
Thank you,
Becky Rodrigue

From:
To:
Subject:
Date:
overholtj@charter. net
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Thursday, April 29, 2021 2:27:29 PM
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To Whom it Also Concerns:
I have lived downstream from the paper mill in Canton,NC most of my life. The mill, no
matter who owned it, has has a negative impact on the environment, health, and welfare of all
life downstream, due to the level of pollution it produces, even now that it has met some prior
permit standards.
We can not go backward in the fight for clean water, since water (creeks and rivers)are the
lifeblood of nature. This permit is unacceptable. It does not demonstrate the spirit of the
Clean Water Act NPDES permitting system in that it does not actually reduce pollution to
the Pigeon River during the next permitting cycle. This permit calls for a 17% increase in
water taken from the Pigeon River at a time when water resources across the globe are in
jeopardy.
The company contracted to measure color on the Pigeon actually measures the water at the
Pigeon River prior to mixing with Big Creek at mile 26, as called for by the 1997 Settlement
Agreement. It would require a boat to access that flow of Pigeon River and Big Creek prior to
mixing. We have never observed this type of testing at this location taking place. It should be
measured from a boat at the mouth of the dam release for an accurate measurement, prior to
mixing with Big Creek as dictated by the 1997 Settlement Agreement.
It is time for the Pigeon River to be Clean! It is critical at this time of climate awakening that
we leave a legacy of tight regulations that actually protect our nation's waters and decrease
pollution until is eliminated! If not us, then who will? Jill Hodge Overholt

From:
To:
Subject:
Date:
Attachments:
Mike Mihalas
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Thursday, April 29, 2021 4:43:19 PM
tunc hr.pnq
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The North Carolina Council of Trout Unlimited (NCTU) appreciates the opportunity to
comment on the proposed NPDES renewal permit for the Blue Ridge Paper Products facility
located on the Pigeon River near Canton, NC. NCTU has over 10,000 members and supporters
in the state of North Carolina. Our mission is to conserve, protect and restore North Carolina's
coldwater fisheries and their watersheds.
Among the numerous technical requirements and considerations that are part of the renewal
process, the allowable discharged water temperature and the associated proposed monitoring
and reporting requirements are a definite concern to NCTU. NCTU requests daily monitoring
and a daily average limit for discharged water temperature. As we understand now, the current
permit requires weekly monitoring. The proposed permit renewal rolls this requirement back
to monthly monitoring. This would allow extreme temperature variances resulting in further
decline of an already impaired aquatic system. This renewal permit process is the perfect
opportunity to allow the Pigeon River to take another step towards the resiliency and
biodiversity it once had.
Again, thank you for this opportunity to review and comment on the permit renewal.
Sincerely,
Mike Mihalas
State Council Chair
North Carolina Trout Unlimited
[e-mail]
828-577-8032
TROUT
UNLI ICI ITED
NORTH CAROLINA

From: Tommy Smith
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper Products
Date: Thursday, April 29, 2021 9:36:57 PM
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100% against ANY variance being granted. Water below the plant needs to look like the water above the plant! The
poor water quality below the plant are the fault of Blue Ridge Paper Products. Emissions should be REDUCED not
increased!
Sent from my

From:
To:
Subject:
Date:
Jacob Denny
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products, NC #0000272
Thursday, April 29, 2021 12:29:46 PM
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As someone who live on the pigeon river I do not want to see the water contaminated again.
The wildlife is finally coming back. I and meany other people enjoy the river being clean and
safe to swim in. --
Jacob Denny

From:
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Subject:
Date:
[e-mail]
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Thursday, April 29, 2021 12:12:14 AM
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Dear NC DEQ,
I live in Knoxville, TN, and frequently travel to the Pigeon river in Hartford, TN for
recreational kayaking. It is a wonderful resource to have so close to home. Although
roadside, the setting is natural enough to refresh our minds and senses after days in urban and
indoor environments. On the stretches I have visited, the whitewater varies from tame to
moderately exciting, attracting people of a wide range of skill, age, and physical ability, in a
wide range of water craft.
I have read the Fact Sheet for NPDES Permit NC0000272 and found it very informative, if
also somewhat above a laymen's understanding of what is being measured and how. I am
grateful that experts are assessing and protecting the river's health. Nonetheless, I dispute the
removal of the Color Variance. The Pigeon River is lovingly known to boaters as the Dirty
Bird. Anyone can see and smell the pollution. We spend time not just next to or on top of the
water, but also in and underwater. I am afraid to open my eyes in the dark, brown water. The
smell gets stronger as the water gets lower, so that, on low water days, I will choose to go to a
different river, when I otherwise would have liked to go to the Pigeon. Even if a numerical
target for allowable color was reached, that target was too high. I do not need special testing
to see that.
And, why should a target set decades ago be the goal today? Technology has progressed by
leaps and bounds. At the same time, our natural environment, on which all life depends, is
being degraded, at an increasingly fast pace. If we can't take a stand on this small issue here
and now, what hope do we have to face the more difficult challenges? Hold the paper mill to
improving water quality, not settling for less gross.
Thank you for your time.
Charlene Hellman, MD
Knoxville, TN

From:
To:
Subject:
Date:
Leah Waldo
SVC DENR.publiccomments
[External] Blue Ridge Paper
Thursday, April 29, 2021 8:42:44 AM
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attachment to Report Spam.
To Whom it May Concern:
I am contacting you regarding the Blue Ridge Paper Mill affecting Canton, NC and all folks
downstream to Newport, TN.
Please keep the color variance that protects and improves the water quality of the region. In
order to continue creating a healthier world, we need to hold companies accountable to do
their part in contributing to do better.
Best,
Leah Waldo

From:
To:
Subject:
Date:
deborah bahr
SVC DENR.oubliccomments
[External] NPDES permit # NC0000272
Thursday, April 29, 2021 12:52:16 PM
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North Carolina Division of Environmental Quality
April 29, 2021
To Whom it May Concern;
I am writing on behalf of Clean Water Expected in East Tennessee. Citizens of Cocke and
surrounding counties are distressed and concerned over proposed changes to the NPDES
Permit # NC0000272 for the Pigeon River. Over 11 decades of degraded water inflicted on
downstream communities is ENOUGH!
Dropping the color variance is unacceptable! This last week the color , odor, and general slime
that is difficult to remove from gear and bodies has been especially rancid. This is toxic.
Visitors and locals have been commenting on the smell also, a chemical smell that leaves a
taste in the mouth. The Pigeon river is considered degraded by the state of Tennessee, perhaps
because they are more aware of the state of the water than North Carolina? These factors of
smell, color and foam impact the esthetic of enjoyment along the river and hurts our tourist
economy!
Fecal coliform is an issue, and since the Mill treats the town's sewage it must also be
considered in this permit.
Dioxin should continue to be tested in fish. This dangerous carcinogen has impacted the
communities downstream for far too long. Recently the medical community is realizing the
generational effects of dioxin in our environment and in humans. CWEET believes dioxin
testing stopped in 2014, before the permit SHOULD have been reviewed, five years ago.
Dioxin tests should not have been discontinued and SHOULD be stringently required in this
permit and reported to downstream communities, in plain language so citizens may easily
comprehend the results. An independent lab should do the testing and reporting.

Temperature of heated releases should be minimal. The trout stream quality of water above the
mill should be of the same quality as below the mill, currently NOT the case.
Toxic pollutants called polyfluoroalkyl substances (PFAS) are used in industries like pulp and
paper packaging to enhance water-resistant properties of paper products, do not biodegrade,
often persist in organisms, and pose significant health concerns. The more scientists learn
about PSAS the clearer it becomes that chemicals that produce PFAS should be tracked and
when possible not discharged into waterways.
The amount of effluent dumped into the Pigeon river should be lowered substantially. Decades
ago, Cocke county citizens requested no more than 22,000lb. limit as opposed to the 36,0001b
limit currently allowed. This amount should have been reduced in 2015. The Clean Water Act
calls for No Backsliding on permits. NC is already 5 years overdue in making any reduction, it
is time to do the right thing!
Daily dumping limits should be set and enforced. Averaging the amounts weekly or monthly
allows for conditions that are outrageous for downstream communities to have to deal with.
Large piles of foam have once again become more common. The color and smell ARE
impacting our ability to use the river for recreation and that does impact our economy.
Tourists ask guides and locals about what they see and smell, how the water feels. The
potential for our historically distressed economy to build and recover from over 100 years of
pollution by the NC mill is impacted by the continued degradation of our precious natural
resource, the Pigeon River!
No one has looked at the effect these changes are having through the ecosystem as some of
the larger birds and mammals have come to river for sustenance. We know the raft guides who
are continuously exposed to the degraded water of the Pigeon suffer from health issues. The
pollution effects downstream communities in very real ways. Do the right thing, you were
forced in the past to finally take a stand and clean up the river, this time take the initiative to
get the job done. Downstream communities are proud of the recovery the mill was forced to
take in the 1990's. Do not be idle, become good stewards and good neighbors, CLEAN UP
THE PIGEON RIVER. Create a more stringent permit that addresses our issues, NO
BACKSLIDING!
Deborah Bahr
cweet.org

865-453-8535
966 Yellow Breeches Rd
Cosby, TN 37722

From: Kountis, Elizabeth
To: SVC DENR.Dubliccomments
Subject: Rep. Pless Letter regarding Evergreen Paper Mill
Date: Wednesday, May 12, 2021 12:12:58 PM
Attachments: image001.pnq
Evergreen Paper Mill Wastewater Permit Letter.pdf
From: Marissa Turner (Rep. Mark Pless) <[e-mail]>
Sent: Thursday, April 29, 2021 10:01 AM
To: Smith, Danny <[e-mail]>
Cc: Rep. Mark Pless <[e-mail]>
Subject: [External] Rep. Pless Letter regarding Evergreen Paper Mill
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Hello Danny,
Please see attached for a letter from Rep. Pless regarding the wastewater permit for Evergreen
Paper Mill (Blue Ridge Paper Products).
Thank you,
Marissa Turner
Legislative Assistant to Rep. Mark Pless
District 118 — Haywood, Madison, and Yancey

•
(Nor 11 LLarulina General osnmhlu
c.3nxwe Of Eteprezentatifirfc
REPRESENTATIVE MARK PLESS
1 18TH DISTRICT
OFFICE: 533 LEGISLATIVE OFFICE BUILDING
300 N. SALISBURY STREET
RALEIGH, NC 27603-5925
PHONE: [phone]
EMAIL: [e-mail]
Danny Smith, Director
NC DEQ — Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699
Danny:
COMMITTEES:
APPROPRIATIONS
APPROPRIATIONS, HEALTH AND HUMAN SERVICES
FEDERAL RELATIONS AND AMERICAN INDIAN AFFAIRS
HOMELAND SECURITY, MILITARY, AND VETERAN
AFFAIRS
TRANSPORTATION
WILDLIFE RESOURCES
I am reaching out to advocate for the Evergreen Paper Mill and its crucial role in the Town of
Canton ahead of the NPDES wastewater discharge permit renewal. The mill has been a fixture of
the town for over a century and currently provides over 1,000 jobs. As the largest industrial
employer in Canton, any overly burdensome requirements would negatively affect the town and
Haywood County.
Evergreen Paper Mill is also the wastewater treatment facility for Canton, and the only option for
wastewater treatment available to the small town of about 5,000 residents. I understand that
thorough completion of your job requires the Division to inspect all aspects of the discharge that
impact the Pigeon River that our community enjoys. As the public comment period ends,
however, I want to reach out to express the importance of this industry and its ability to support
the residents of Canton. I urge you to take into consideration the balance of economic and
environmental impacts as the Division issues its permit. Thank you for your attention and
understanding, and please feel free to reach out if there are any questions.
Respectfully,
Representative Mark Pless
118th District — Haywood, Madison, and Yancey

From: [e-mail] on behalf of Jeff Rich.
To: Chernikov, Sergei
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 29, 2021 1:54:41 PM
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Dear Water Resources Sergie Chernikov,
I'm a photographer currently based in Waxhaw, NC and I've been photographing the Pigeon River continuously
since 2006 as part of a long term photo project.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Depai anent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily

maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Jeff Rich
7806 Montane Run Ct Waxhaw, NC 28173-7365
[e-mail]

From: [e-mail] on behalf of Jeff Rich.
To: SVC DENR.publiccomments
Subject: [External] Re: Blue Ridge Paper Products, NC #0000272
Date: Thursday, April 29, 2021 1:53:53 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnanc.gov>
Dear Public Comments Reviewer,
I'm a photographer currently based in Waxhaw, NC and I've been photographing the Pigeon River continuously
since 2006 as part of a long term photo project.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards when it comes to water
quality and the health of the Pigeon River. I ask you to revise the permit to meet the goals of the Clean Water Act to
make our River be fishable and swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of industry is by slowly
reducing permit discharge limits over time. The draft permit as proposed by the Depai anent of Environmental
Quality (DEQ) takes a step backwards by weakening regulations, requiring less monitoring and allowing for more
pollution to be discharged to the river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot discharge from the paper
mill. This hot water discharge did not violate the temperature permit limits at the mill, because their limits rely on a
monthly average, which allows wild swings in the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit for the mill to ensure
that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current monitoring requires
monitoring 3 times in 5 years, but the new draft permit reduces that to once every 5 years. This is problematic for
two reasons. The most recent sampling conducted in 2014 still shows dioxin in fish tissue, and therefore monitoring
on at least the same schedule should be continued until dioxin is no longer present in fish tissue samples. Secondly,
the permit renewal cycle is many years overdue, the last fish tissue sample was taken over six years ago. That
means, if new sampling is conducted only once in the next five years, that could mean that we only have one sample
in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater treatment plant for the
town of Canton. Violations for fecal coliform have been frequent in the last decade with MountainTrue documenting
at least 25 permit violations, sometimes in excess of 250 times the safe limit for fecal coliform. The Mill has also
commonly violated its permitted standards for total suspended solids and biological oxygen demand.
Recommendation: DEQ should require significant improvements to the wastewater treatment plant to ensure the
river and downstream river recreation users are protected from harmful and dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a possible carcinogen.
The goal of the Clean Water Act is to reduce pollution discharges until all waters are fishable and swimmable. In
this instance, not only is the discharge not decreasing, but the mill will be allowed to discharge even more cancer
causing chemicals into the Pigeon River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6
monthly. The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5 lbs/day (daily

maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper mill pollute more.
Thank you for your time and consideration of these important issues.
Sincerely,
Jeff Rich
7806 Montane Run Ct Waxhaw, NC 28173-7365
[e-mail]

From:
To:
Subject:
Date:
Attachments:
Katie Hicks
SVC DENR.publiccomments
[External] Attn: Blue Ridge Paper Products (Permit NC0000272) - Comments
Friday, April 30, 2021 8:45:34 AM
BRPP Permit Comments - KH - 4-30-2021.odf
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Good morning,
Please find attached my comments on the permit mentioned above.
Respectfully,
Katie Hicks
263 Fairview Rd.
Asheville, NC 28803
kathryn.c.hicks a©gmail.com

Katie Hicks
263 Fairview Road
Asheville, NC 28803
NC Division of Water Resources
NPDES Wastewater Permitting
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, NC 27603
April 30, 2021
Attn: Blue Ridge Paper Products
Draft Permit NC0000272
Dear Mr. Chernikov and NC DWR Team:
Growing up in Western North Carolina, I have observed the water and air pollution coming
from the Blue Ridge Paper Products mill in Canton, NC for my entire life. The Pigeon River is a
small mountain river and should have special protections compared to a larger water body with
a mill of similar size, yet permits allow the mill to discharge massive amounts of polluted
wastewater into the small river.
As a former staff member of Clean Water for NC (CWFNC), I began learning about the details
of the mill's wastewater discharges into the Pigeon River and the impacts on downstream
communities beginning with the 2010 permitting cycle. At that time, 11 years ago,
organizations such as CWFNC, Clean Water Expected in East Tennessee (CWEET), and others
were already having to pressure the Division to hold the mill accountable to make
improvements identified in the Settlement Agreement in the 1990s and the several technical
studies that followed. These studies proved that the mill could absolutely make changes to
create real progress in improving water quality in the Pigeon River, and yet, decades after the
studies took place, this permit continues to set low expectations, harming the livelihoods of
downstream users.
According to CWEET, whose members are largely raft guides and individuals who kayak, boat,
swim and fish in the Pigeon River downstream, "the color of the river is brown, dark and sweet
tea colored on many days. The river smells like the acrid papermill, all the way to Newport,
Tennessee. One can observe foam and often professional river guides deal with rashes and
reactions to the many chemicals that comprise the color pollution." (Source). Cocke County,
TN's economy and health has been adversely affected by the mill for over 100 years while

Haywood County, NC enjoys over 1000 high paying jobs and the tax revenue coming from the
mill's presence. In order to address the injustices caused by the mill's discharge, I offer the
following specific comments on the 2021 permit:
• Do not remove the color variance. Impacted residents and advocacy organizations have
had to fight against the removal of the color variance in numerous permitting cycles,
and the reasons for keeping it remain the same. The variance acknowledges that the
color in the river is not meeting the NC narrative standard, and to remove it would
indicate that the color in the river is acceptable, which is simply not the case.
• The instream color standard must be strengthened. The proposed standard is weaker
than the proposed EPI standard from back in the 1980s, which is unacceptable.
• Do not increase the limit for chloroform. This permit allows additional chloroform to be
released into the river compared to the previous permit, based on the total production
of the mill. Toxic releases should be decreasing, not increasing, over time, as set forth in
the creation of the Clean Water Act and NPDES permitting.
• Tighten the temperature variance and increase monitoring frequency for several key
parameters. This includes instream color, which should be sampled daily at the closest
downstream point (Fibreville). Enforcement should be based on these daily
measurements rather than monthly averages, which do not account for large spikes in
production. The summer temperature limit should be enforced daily, as well, and this
limit should be reduced to at least 30 degrees C.
The photo below was taken in 2010 on a flyover above the mill by my friend and Haywood
County resident Valerie Blanchette, who was a boater and firm advocate for cleaning up the
Pigeon River who had been involved in previous permitting cycles. She unfortunately passed
away in 2019. It is in memory of Valerie, and in hopes that her dream of a truly clean Pigeon
River and a paper mill that is truly held accountable by NC regulators, will become a reality.

Respectfully submitted,
Katie Hicks

From:
To:
Cc:
Subject:
Date:
Attachments:
Melanie Ruhlman
SVC DENR.oubliccomments
Adam Mobley
[External] Blue Ridge Paper Products Permit
Friday, April 30, 2021 12:58:30 PM
Blue Ridae Paper Products Permit Comments - FPC .pdf
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To Whom It May Concern,
Please find attached comments submitted on behalf of Foothills Paddling Club (FPC) for the
National Pollutant Discharge Elimination System (NPDES) discharge permit NC0000272 for
Blue Ridge Paper Products, Inc.
Sincerely,
Melanie Ruhlman
Member, Foothills Paddling Club

April 30, 2021
Comments submitted electronically to: [e-mail]
Re: Blue Ridge Paper Products Permit
To Whom It May Concern,
I am submitting the following comments on behalf of Foothills Paddling Club (FPC) to oppose
renewal of National Pollutant Discharge Elimination System (NPDES) discharge permit
NC0000272 for Blue Ridge Paper Products Inc. for wastewater discharge to the Pigeon River.
FPC is based in Greenville, South Carolina and has a membership that extends throughout the
region, including Western North Carolina, Northeast Georgia, East Tennessee, and throughout
South Carolina. FPC promotes the safe enjoyment of both whitewater and flat water and supports
the local paddling community through events, trips, classes, clinics, and online resources. Many
FPC members paddle the Pigeon River. FPC supports protecting the health of our southeast
rivers to ensure that existing uses and the water quality needed to protect those uses is
maintained.
The water quality of the Pigeon River has improved significantly in recent decades thanks to
pressure from federal, state, and local governments, the public, and operational changes at the
Canton Mill. Recreational use of the river has also increased, helping to boost the local economy.
However, there is still much that needs to be done to reduce pollution in the river coming from
the Mill's wastewater discharge. The proposed permit includes no new requirements for water
quality improvements to address water quality impairments downstream of the discharge, and
therefore is inconsistent with antidegradation policy and anti -backsliding provisions of the Clean
Water Act. The goal of the Clean Water Act is to prevent, reduce, and eliminate pollution in the
Nation's waters in order to restore and maintain their chemical, physical, and biological integrity.
Anti -backsliding provisions prohibit the renewal, reissuance, or modification of an existing
NPDES permit that contains effluent limitations, permit conditions, or standards less stringent
than those established in the previous permit.
The renewal of the NPDES discharge permit is long overdue, as are needed water quality
improvements. The new permit should therefore include requirements that would improve and
protect water quality and stream health/aquatic life, not allow more pollution. The following
comments are offered to detail our opposition to the proposed permit.
• The requested change of water usage from 29 to 34 MGD (17% increase) to
accommodate changes to industrial process, increased landfill leachate, and growth from
the Town of Canton effectively increases pollutant loading to an already impaired section
of the Pigeon River. More stringent permit limits/conditions/standards are therefore
needed to mitigate additional impacts to water quality from the increased discharge and
increased pollutant load. NC DEQ should require the mill to submit updated information
stating what pollutant levels they will be discharging under the increased flow.

• More than 6 miles of the Pigeon River below the Canton Mill discharge are currently
listed as impaired by NC DEQ for not adequately supporting aquatic life and an
additional 7.8 miles downstream are proposed to be listed as impaired (in a reach that was
previously listed), also because they do not fully support aquatic life. The fish community
below the Mill is more characteristic of a warm water system compared to upstream of
the Mill. The 2014 Canton Mill Balanced and Indigenous Species Study for the Pigeon
River found that the most common fish species collected downstream of the Mill
discharge was redbreast sunfish, which is nonindigenous to cold mountain waters and is
thermally tolerant. Similarly, carp is also common in the thermally affected reach below
the Mill. No salamanders were found in samples collected in the Pigeon River below the
mill discharge, although they were found upstream and in tributaries. A 2009-2010
baseline survey of crayfish in the Pigeon watershed with 1,320 crayfish specimens
represented found crayfish in nine tributaries, in the mainstem of the Pigeon River
upstream of the Mill, in the bypass reach downstream of Walters Dam, and in reaches in
Tennessee. No crayfish were found at three stations in the river downstream of the Mill
above Waterville Lake. The 2014 species study found no native crayfish species and only
one non-native crayfish species in the river downstream of the Mill. Federally
endangered freshwater mussels and mussel species of concern in North Carolina have
been found in the Pigeon River upstream of the Canton Mill discharge, while it has been
reported that the only bivalve found in the lower portion of the river below the Mill dam
is the exotic invasive Corbicula. (Note: Fish experts from the N.C. Museum of Natural
Sciences, N.C. Wildlife Resources Commission, University of Tennessee and other
groups estimated that 40 species of native mussels and 95 species of native fishes once
inhabited the river.) North Carolina Biotic Index scores for macroinvertebrates declined
from a Good rating upstream of the discharge to a Fair rating downstream of the
discharge. Blue-green algae were reported as dominating the periphyton community
below the discharge. The aquatic plant indicator species Podostemum ceratophyllum was
present in reference and upstream sites and further downstream, but was not present at all
in the thermally affected reach below the Mill. While it is recognized that there has been
an overall positive trend towards improvement of conditions more conducive to healthy
indigenous aquatic life, thermally affected reaches remain impaired and therefore
measures are needed to improve the water quality of the Canton Mill discharge
sufficient to adequately support aquatic life.
• NC DEQ should eliminate the thermal variance for the mill discharge. The aquatic
community below the discharge is not balanced or indigenous, which is a requirement for
a thermal variance under Section 316(a) of the Clean Water Act. Therefore, NC DEQ
should not grant furtherance of the thermal variance. Permit requirements and conditions
are needed to continue to reduce thermal impacts to the river from the wastewater
discharge at the Canton Mill. The heated waste discharge alters the Pigeon River aquatic
community and impairs downstream water quality and in -stream habitat conditions.
Measures are needed to decrease the temperature difference and to minimize extreme
changes in temperature as measured on a daily time scale. Therefore, daily temperature
limits are needed for the new permit. The 2007 fish kill during low flow conditions and
high temperatures underscores this need. Replacing weekly average temperature
standards with monthly average standards is backsliding and will likely have the effect of
allowing increased temperatures below the mill. Therefore, tighter standards (daily limits)

for temperature are needed for the new permit, along with elimination of the thermal
variance.
• Although there have been significant improvements, the color of the Pigeon River
remains unacceptable. The water color is inconsistent with that of other rivers in the area,
particularly during low flow periods, and looks like that of a slow -moving coastal black
water river high in tannins. The unnatural color of the mill discharge adversely affects the
aesthetic quality of the river and negatively affects the quality of recreational experiences
in reaches downstream of the discharge. The darker color of the Pigeon River below the
mill discharge along with elevated specific conductance levels indicates a high level of
dissolved constituents in the water column that are likely contributing to the impairment
of aquatic life. Furthermore, the Pigeon River across the state line in Tennessee is
currently not meeting all its designated uses and remains on the Tennessee 303(d) list for
impaired rivers due to color pollution, foam, taste, and smell from the Canton Mill
discharge. Therefore, the color variance must not be removed until the river below the
discharge is meeting its designated uses and is no longer significantly and unnaturally
discolored.
• Dioxin testing in fish should continue until none is detected. Relaxing dioxin testing
requirements is not warranted for the new permit.
• There have been multiple violations of water quality standards for fecal coliform, which
directly impacts recreational use. The new permit should include required measures to
prevent fecal coliform violations in the future.
• Paper mills using polyfluoroalkyl substances (PFAS) may be a significant source of
contamination to water. NC DEQ should require a complete disclosure of all PFAS used
now or historically at the Canton Mill and ensure the best available technologies are used
to remove these pollutants before water is returned to the river. Additional sampling
should be required to detect the presence and concentration of PFAS in the wastewater
discharge.
In summary, the draft NPDES discharge permit NC0000272 for Blue Ridge Paper Products Inc.
for wastewater discharge to the Pigeon River permit fails to adequately protect aquatic health and
recreational use, allows for increased pollutant loading, and is inconsistent with the goals of the
Clean Water Act for the continued reduction and elimination of pollution. The draft permit is a
step backwards for the continued recovery of the Pigeon River from ongoing significant and
impactful wastewater discharges from the Mill and therefore should not be approved.
Sincerely,
Adam Mobley, Vice President
Foothills Padding Club

From: Spencer Scheidt
To: SVC DENR.Dubliccomments
Cc: Chernikov, Sergei; Petter, Lauren
Subject: [External] Blue Ridge Paper Products
Date: Friday, April 30, 2021 1:43:25 PM
Attachments: 2021-04-30 SELC Canton NPDES Comment Letter.Ddf
Attachment A.pdf
Attachment B.pdf
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Hello,
The Southern Environmental Law Center wishes to submit the attached comments regarding
North Carolina's Draft NPDES Permit No. NC0000272 for Blue Ridge Paper Products. Because
our "Attachment C" is too large to send via email, we will also be submitting a hard copy
containing a USB drive with our letter and all attachments. If desired, we can also provide paper
copies of all attachments.
Thank you for your consideration.
Spencer Scheidt (he/him/his)
Associate Attorney
Southern Environmental Law Center
48 Patton Ave., Suite 304
Asheville, NC 28801
Ph: 828-258-2023
Fax: [phone]
www.southernenvironment.org
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SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone]
48 PATTON AVENUE, SUITE 304 Facsimile 828-258-2024
ASHEVILLE, NC 28801-3321
April 30, 2021
Via Electronic Mail and First -Class U.S. Mail
Sergei Chernikov, Ph.D.
Environmental Engineer III
North Carolina Department of Environmental Quality
Division of Water Resources
Industrial NPDES Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Email: [e-mail]
Re: Draft NPDES Permit NC0000272 Renewal
Dear Dr. Chernikov,
Please accept these comments from the Southern Environmental Law Center on behalf of
MountainTrue, the French Broad Riverkeeper, the Tennessee Chapter of the Sierra Club, and the
Center for Biological Diversity regarding the draft National Pollutant Discharge Elimination
System ("NPDES") permit renewal for Blue Ridge Paper Products, LLC d.b.a. Evergreen
Packaging ("Blue Ridge Paper") proposed on November 10, 2020 ("the Draft Permit"). Our
organizations are concerned that the Draft Permit provides insufficient protections for the Pigeon
River, in contravention of the Clean Water Act, the Code of Federal Regulations, and North
Carolina state law. The Draft Permit must be withdrawn, revised, and reissued for public
comment.
Specifically, the North Carolina Department of Environmental Quality ("DEQ") must
make the following changes, in addition to others identified below:
• Require daily maximum temperature thresholds.
• Acknowledge that Blue Ridge Paper's own 2014 study shows it cannot assure the
protection of a balanced, indigenous population below the discharge and require Blue
Ridge Paper to implement technology controls to comply with North Carolina's water
quality standards for temperature.
• Reinstate the requirement to conduct fish -tissue dioxin testing at least three times per
five-year permit period.
• Interpret North Carolina's narrative standard for "colored and other wastes" in a manner
that protects all aspects of "aesthetic quality," not just shifts in true color.
• Evaluate currently available technologies to reduce color discharge.
Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington, DC
100% recycled paper

• Develop technology -based limits for discharged pollutants not covered by EPA's
outdated industry effluent limitation guidelines.
• Require complete disclosure of the mill's prior, current, and future use of forever
chemicals in its processes, and the potential for ongoing discharge into the Pigeon River.
• Account for leachate leaking from the mill's old landfills into the Pigeon River while
setting permit pollution limits
• Require Blue Ridge Paper to submit a current and complete application that discloses all
pollutants currently discharged, not those discharged and subject to disclosure seven
years ago under a lower permitted flow.
I. Factual Background
The Pigeon River flows over 100 miles from its headwaters in the Middle Prong
Wilderness to its confluence with the French Broad River. Historically, this entire stretch of
water was a free -flowing, clear, cold -water river1 home to over ninety-five native fish species.2
That changed in 1908 when the Canton paper mill began dumping toxic effluent —including
dioxins, furans, and chloroform —directly into the river. In the mill's early years of operation, as
much as 95% of the Pigeon's flow was diverted for industrial processes and expelled as
effluent.3 By 1964, the Pigeon was so polluted that a thirty -two -kilometer segment of the river
below the mill had no fish at all.4 However, over the past few decades a combination of factors
have improved water quality on the Pigeon River, including progressively more stringent permit
limits imposed under the Clean Water Act's NPDES program, regulatory enforcement actions,
and the mill's modernization efforts.
Below the mill, the Pigeon River is classified as a Class C waterbody, which means its
waters must be "suitable" for "aquatic life propagation, survival, and maintenance of biological
integrity (including fishing and fish); wildlife; secondary contact recreation ... [and]
agriculture." 15A N.C. Admin. Code 2B .0211(1)—(2). Secondary recreation includes fishing and
paddling. Class C waters must also meet specific numeric criteria, like temperature limits
specific to mountain streams, and narrative limits, including preventing colored and other wastes
from degrading the river's aesthetic qualities. For several decades, the reach below the mill has
failed to meet the Class C criteria for benthic aquatic life, triggering its listing as impaired under
Section 303(d) of the Clean Water Act.5 This impaired area has recently expanded, according to
the latest draft § 303(d) list issued by DEQ.6 Above the mill, the Pigeon River is designated as
' Richard A. Bartlett, Troubled Waters: Champion International and the Pigeon River Controversy (1995).
2 D.A. Etnier & W.C. Starnes, The Fishes of Tennessee, University of Tennessee (1993).
3 J. Larry Wilson, Charles C. Coutant, & John Tyner, Canton Mill Balanced and Indigenous Species Study for the
Pigeon River (Clean Water Act Section 316(a) Demonstration) at 32 (2014) [hereinafter `BIP"].
4 J.B. Messer, Survey and Classification of the Pigeon River and Tributaries, North Carolina, North Carolina
Wildlife Resources Commission (1964).
S See, e.g., N.C. Dep't of Envtl. Quality, Div. of Water Res., 2018 NC Category S Assessments "303(d) List" Final,
https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303 d/2018/2018-NC-303-d--List-Final.pdf.
6 See N.C. Dep't of Envtl. Quality, Div. of Water Res., Integrated Report Files, https://deq nc.gov/about/divisions/
water -resource s/planning/modeling-assessment/water-quality-data-assessment/integrated-report-files.
2

WS-III and Trout Waters. These more protective designations ensure that the waters above the
mill safeguard water -supply resources and sustain conditions for trout propagation and survival
on a year-round basis. Both designations end at the Canton water supply intake just before Blue
Ridge Paper's mill. No § 303(d) impairments exist above the mill.
Although the mill has discharged pollution into the Pigeon for more than a century, the
mill received its first permit authorizing polluted discharges under the Clean Water Act in 1973.
In 1985, North Carolina began administering the permitting program under authority delegated
from EPA, and issued its first NPDES permit for the mill. This permit included a Clean Water
Act § 316(a) thermal variance allowing the mill to exceed North Carolina's thermal standards so
long as the mill maintained: (1) a monthly average in -stream temperature maximum of 32 °C in
the summer and 29 °C in the winter, and (2) a monthly average maximum temperature rise above
the ambient temperature of upstream waters of 13.9 °C. For perspective, 32 °C is about 90 °F,
around the maximum temperature of the Persian Gulf in mid-summer;8 and 29 °C is
approximately 85 °F, around the temperature of the ocean off of Miami Beach in August.9
These temperature limits remained unchanged until 2010, when North Carolina reduced
the maximum monthly average temperature difference between upstream and downstream waters
from 13.9 °C to 8.5 °C. That same year, a coalition of conservation groups and the government of
Cocke County, Tennessee, challenged North Carolina's reissuance of the mill's NPDES permit,
arguing the permit violated thermal -pollution limitations and improperly relied on an illegal
color variance. On April 24, 2012, the Division of Water Quality ("DWQ") and the N.C.
Environmental Management Commission ("EMC") entered into a partial settlement agreement
with the petitioners,10 who agreed to dismiss their temperature -related claims provided that,
among other things:
• DWQ modified the permit —subject to EPA approval —to add a weekly average in -
stream temperature maximum of 32 °C from July to September and 29 °C from October
through June.
• Blue Ridge Paper prepared an updated Balanced Indigenous Population study ("BIP" or
"BIP study") that (1) complied with Section 316(a) of the Clean Water Act; (2) surveyed
mussels and shellfish in the mainstem of the Pigeon; (3) included "detailed studies of
macro -invertebrates and shellfish"; (4) conducted thermal sampling "at 20 locations in
7 North Carolina's water quality standards specify a maximum temperature of 29 °C for mountain and upper
piedmont waters and 32 °C for lower piedmont and coastal plain waters, and forbid heated discharges from
increasing the ambient temperature of the receiving waters above 2.8 °C. 15A N.C. Admin. Code 02B .0211(18).
8 Persian Gulf, Encyclopedia Britannica (2021), https://www.britannica.com/place/Persian-Gulf.
9 Liz Osborn, Average Ocean Water Temperatures at Miami Beach, Current Results, https://www.currentresults.
com/Oceans/Temperature/miami-beach-average-water-temperature.php (last visited Apr. 19, 2021).
1° Partial Settlement Agreement and Joint Stipulation to Stay, N.C. O.A.H No. 10 E.H.R. 4341 (Apr. 24, 2012)
[hereinafter "Partial Settlement Agreement"] (Attachment A).
3

the Pigeon River and 2 locations in a reference river"; and (5) "intensively" surveyed for
fish, macroinvertebrates, shellfish, and periphyton using certain sampling protocols.
On June 1, 2012, DWQ issued a permit modification incorporating the weekly average
standard.11 Several months later, consultants hired by Blue Ridge Paper began sampling for the
updated BIP study. Above the mill, the BIP study found a cold -water fish community; pollution -
intolerant macroinvertebrates; habitat -forming hornleaf riverweed; and native salamanders,
crayfish, and rare mussels. Below the mill, the study found a "warm -water fish community";
pollution -tolerant macroinvertebrates; invasive Asiatic clams; and a total lack of salamanders,
native crayfish, and hornleaf riverweed. Despite these severe impairments, the BIP study
concluded that the community below the mill was "`balanced' and similar to what would have
been there without the thermal discharge."12
In 2014—the last year of the 2010 permit's coverage —petitioners also settled their color -
related claims with DWQ and EMC.13 Pursuant to the final agreement, Blue Ridge Paper agreed
to file a timely permit -renewal application, where the challenged discharge limits would be
reconsidered. DWQ and EMC further agreed to "take all reasonable steps to issue an NPDES
Permit within 24 months of receipt of a complete permit renewal application."14 A few months
later, Blue Ridge Paper applied for renewal of the permit.15 Yet instead of timely processing the
permit renewal, DWQ administratively extended the 2010 permit for another five years.
When DEQ16 finally revisited the permit in 2020, it inexplicably weakened discharge
limits Like its predecessors, the current Draft Permit would authorize discharge of the mill's
polluted wastewater, including industrial, stormwater, municipal, and landfill leachate, into the
Pigeon River. Material changes to the 2010 permit terms include: (1) increasing the flow limit
from 29.9 million gallons per day ("MGD") to 34 MGD; (2) removing the color variance while
requiring no further reductions in colored -waste discharges; (3) reducing the frequency of fish -
tissue sampling for dioxin; (4) allowing a mixing zone; and (5) recalculating chloroform limits.
The Draft Permit also recommends reverting to the temperature variance limits set for the
original 2010 permit: seasonal monthly average maximums of 32 and 29 °C and a monthly
average maximum temperature differential of 8.5 °C. No weekly average or daily maximums are
proposed.
11 Letter from Charles Wakild, Engineer, N.C. Dep't of Env't and Nat. Res., to Paul Dickens, Manager, EFTS, Blue
Ridge Paper Products Inc. (June 1, 2012) (Attachment C).
12 BIP at 10.
13 Settlement Agreement, N.C. O.A.H No. 10 E.H.R. 4982 (Sept. 5, 2014).
14 Id.
15 Blue Ridge Paper Products Inc. dba Evergreen Packaging, Application for Permit Renewal NPDES Permit NC
0000272 (Dec. 30, 2014) [hereinafter "Permit Application"].
16 In 2015, the North Carolina Department of Environment and Natural Resources was renamed the North Carolina
Department of Environmental Quality, and the Division of Water Quality was renamed the Division of Water
Resources.
4

In making the recommendation to revert to the pre -settlement temperature variance terms,
Division of Water Resources ("DWR") staff evaluated Blue Ridge Paper's 2014 BIP study and
erroneously concluded that temperature was not prohibiting a balanced and indigenous
population. In addition, DWR reviewed existing temperature data and concluded that Blue Ridge
Paper still cannot meet North Carolina's water -temperature standards. Therefore, DWR is
recommending continuation of the variance that allows Blue Ridge Paper to discharge heated
water and exceed water quality standards for temperature in the Pigeon River below the mill.'?
II. The Permit Must Include Stronger Limits on Discharges into the Pigeon River.
The Clean Water Act requires various pollution -control measures "to restore" the
"chemical, physical, and biological integrity" of the Pigeon River. 33 U.S.C. § 1251(a). These
measures —including North Carolina's NPDES permits —have been enormously important to the
progressive recovery of the Pigeon downstream of the mill. However, that recovery and
restoration is incomplete. DEQ's Draft Permit fails to make the meaningful progress required,
and even allows backsliding on critical permit terms. DEQ must revise its Draft Permit to honor
its obligations under state and federal law to fully restore and protect the Pigeon.
A. The Draft Permit fails to set daily temperature thresholds as required by law.
Under North Carolina and federal law, all permit limits for continuous discharges shall,
"unless impracticable," be stated as both daily maximum and average monthly discharge
limitations. 40 C.F.R. § 122.45(d) (excepting publicly owned treatment works); 15A N.C.
Admin. Code § 2H .0143(26) (incorporating this federal regulation by reference).18 The
maximum daily discharge limit for pollutants like temperature is the "average" measurement
over the course of one day. 40 C.F.R. § 122.2; 15A N.C. Admin. Code 2H .0143(1)
(incorporating this definition).
Blue Ridge Paper is a continuous discharger. But the Draft Permit only includes "monthly
average instream temperature" discharge limitations.19 Neither the Draft Permit nor the Draft
Fact Sheet mention any consideration of daily limits, much less explain why setting daily limits
would be "impracticable." Therefore, the Draft Permit is arbitrary, capricious, and contrary to
federal and state law. Cf. In re City of Ames, 6 E.A.D. 374, 389 (1996) (holding that the EPA
could disregard the mandates of 40 C.F.R. § 122.45(d) "only if [the specified] average limits are
impracticable"); In re City & County of San Francisco, 4 E.A.D. 559, 579 (1993) ("Unless it is
impracticable to establish average [daily] or monthly [discharge] limitations ... the regulations
require average [daily] and monthly [discharge] limitations.").
17 Draft Fact Sheet at 10.
18 North Carolina's delegated NPDES program must "at all times be conducted in accordance with the
requirements" of the Clean Water Act and EPA's implementing regulations. 40 C.F.R § 123.1(f); 15A N.C. Admin.
Code 2H .0118 ("Any state NPDES permit will contain effluent limitations and standards required by ... the Clean
Water Act which is hereby incorporated by reference including any subsequent amendments and editions.").
19 See Draft Permit at 4 n.11 (emphasis added).
5

Worse still, DEQ is also silent on its decision to retreat from the weekly average limits
for temperature added to the permit in 2012, in accordance with the partial settlement agreement.
Certainly, DEQ is obligated to impose a daily average temperature limit —for both maximum
seasonal temperatures and the maximum temperature differentia120—as discussed above. But
even if that were not the case, DEQ cannot backslide on the terms of its temperature variance by
reverting from a weekly to a less stringent monthly standard. 33 U.S.C. 1342(o); 40 C.F.R. §
122.44(1); 15A N.C. Admin. Code 02B .0408(25) (incorporating 122.44 by reference).
To comply with the law, the Draft Permit must be revised and reissued with daily and
monthly maximum temperature limitations. In addition, the fact sheet must acknowledge that the
starting point for DEQ's variance analysis is the weekly average limits set in accordance with the
settlement agreement in 2012.
B. Blue Ridge Paper's BIP study is flawed and cannot support a continued thermal
variance.
Under the Clean Water Act, heated industrial wastewater, also called "thermal effluent,"
is a pollutant that cannot be discharged to jurisdictional waters without an NPDES permit. 33
U.S.C. § 1342; see also 40 C.F.R. § 122.2 (listing "heat" as a "pollutant"). Ordinarily, such
permits must impose effluent limits on heated wastewater sufficient to satisfy state water quality
standards for temperature. 33 U.S.C. § 1311(b)(1)(C) (requiring the establishment of "any more
stringent limitation" necessary to meet "water quality standards," including state standards for
temperature). Clean Water Act § 316(a), however, provides narrow authority for a variance from
water quality standards for temperature when such effluent limits are "more stringent than
necessary to assure the protection and propagation of a balanced, indigenous population of
shellfish, fish, and wildlife." Id. § 1326(a).
Under this provision, an industrial discharger seeking a § 316(a) temperature variance
bears the burden of demonstrating both: (1) that effluent limits otherwise required by the Clean
Water Act are "more stringent than necessary" to protect the balanced, indigenous population;
and (2) that the thermal discharge allowed by such a variance will protect the balanced,
indigenous population in the future. See 33 U.S.C. § 1326; 40 C.F.R. § 125.73(a) (requiring the
applicant to demonstrate that water quality standards are more stringent than necessary). If the
applicant fails to make either of these showings they must comply with the thermal water quality
standards. In this case, the BIP showed neither.
Protection of the balanced, indigenous population may be shown using one of three
approaches: a predictive study showing that future thermal discharges allowed by the variance
will not appreciably harm21 the balanced, indigenous population; a retrospective study showing
20 The 2012 settlement agreement only required a weekly average limitation for the maximum seasonal temperature
limits. See Partial Settlement Agreement, supra note 10 (Attachment A). But federal regulations require daily
average limits for all temperature limits, including the maximum temperature differential between upstream and
downstream of the mill.
21 EPA's regulations do not define appreciable harm, but Environmental Appeals Board decisions have emphasized
factors such as a shift in species composition and the "magnitude of the changes in the community as a whole and in
6

that past thermal discharges have not caused appreciable harm; or, alternatively, a study showing
that, despite the fact that thermal discharges have appreciably harmed the balanced, indigenous
population in the past, no future harm will occur. 40 C.F.R. §§ 125.70, 125.73(c). Here, Blue
Ridge Paper attempted to show an absence of both prior appreciable harm and potential future
harm to a balanced, indigenous population in the Pigeon River.22
Regardless of the demonstration method selected, thermal impacts cannot be considered
in isolation. 40 C.F.R. § 125.73(a). Instead, the applicant must show that "the cumulative impact
of its thermal discharge together with all other significant impacts on the species affected, will
assure the protection and propagation of a balanced indigenous [population]." Id. (emphasis
added).
EPA regulations define a balanced, indigenous population as "a biotic community
typically characterized by diversity, the capacity to sustain itself through cyclic seasonal
changes, presence of necessary food chain species and by a lack of domination by pollution
tolerant species." 40 C.F.R. § 125.71(c). Blue Ridge Paper acknowledges that the "balanced,
indigenous population" of fish, shellfish, and wildlife contemplated by the Clean Water Act is
the population that would have existed absent the impacts of the applicant's "thermal discharge
and other sources of pollution."23
Blue Ridge Paper began sampling for the BIP study used to support the 2020 thermal
variance in 2012, following partial settlement of the prior contested case. Researchers assessed
physical and biological metrics at multiple sampling stations, including several upstream of the
mill, several below, a few on the mainstem of the Pigeon in Tennessee, and at two locations on
the lower Swannanoa River.24 Biological sampling targeted fish, mussels and shellfish,
macroinvertebrates, periphyton, macrophytes, and other wildlife. All of these biotic categories
showed night -and -day differences in health and composition between upstream and downstream
populations:
• The BIP study acknowledged that the "fish community in the North Carolina reach
downstream of the Mill has more characteristics of a warm -water fish community than
does the river upstream of the Mi11."25
individual species." In re Pub. Serv. Co. oflnd., 1 E.A.D. 590, *22 (1979). According to the BIP study, appreciable
harm is shown if "adverse impacts" are "present." BIP at 48.
22 BIP at 16, 69.
23 Id. at 20. See also 40 C.F.R. § 125.71(c) (stating that a balanced indigenous population excludes "species whose
presence or abundance is attributable to the introduction of pollutants that will be eliminated by compliance" with
water quality standards); In Re Dominion Energy Brayton Point, 12 E.A.D. 490, 557 (2006) ("[T]he population
under consideration is not necessarily just the population currently inhabiting the water body but a population that
may have been present but for the appreciable harm.").
24 BIP at 42, 45. BIP researchers decided to include reference sites from outside the Pigeon River watershed in order
to comply with EPA guidance suggesting "sampling more reference locations." Id. at 34. The researchers found the
lower Swannanoa River is an appropriate comparison because it "has comparable basin morphology and is part of
the larger French Broad River basin." Id. at 41; see infra Part II.B.4 (describing why the Swannanoa is not an
appropriate comparison).
25 BIP at 57.
7

• No mussels were found at any sampling sites,26 though two rare species —the wavy -rayed
lampmussel and the endangered Appalachian elktoe—have been found upstream of the
mill.27 Invasive and thermally tolerant Asiatic clams were found at every biological
sampling site downstream of the mill, whereas only one was found upstream.28
• Macroinvertebrate sampling scores29—a measure of the benthic community's pollution
intolerance —were "Good" immediately above the mill, "Fair" in the five sites
immediately below the mill, "Good -Fair" in the next three downstream sites, and then
"Good" once more at the North Carolina station farthest downstream from the mill.3°
• Periphyton were generally present in ecologically insignificant amounts throughout the
river,31 though the study notes the "periphyton community in a small area of the zone of
initial mixing [below the mill] is dominated by blue-green algae with associated
thermally tolerant chironomid larvae."32
• No macrophytes (hornleaf riverweed) were found in the thermally affected reach, though
riverweed was found at three of the four upstream sites and two of the three Tennessee
sampling sites downstream.33
• The BIP also referenced two studies that found no salamanders34 or crayfish35 in the
thermally affected portion of the mainstem, though both taxa were found upstream and in
several tributaries of the Pigeon.36 BIP researchers did find one crayfish species in the
thermally affected reach: the non-native White River crayfish, a species more typically
found in sloughs, swamps, and sluggish lowland streams.37
In spite of these clear imbalances, the BIP study concluded that the community below the
mill is "`balanced' and similar to what would have been there without the thermal discharge" and
other sources of pollution.38 DEQ largely agreed, though it found that "the data do suggest some
26 Id. at 8.
27Id. at 37.
28 Id. at 87.
29 Specifically, North Carolina Biotic Index scores. See N.C. Dep't of Envtl. Quality, Standard Operating
Procedures for the Collection and Analysis of Benthic Macroinvertebrates 19 (2016) [hereinafter "2016 Benthic
SOP"].
30 BIP App'x B at 7, 38-39.
31 BIP at 9.
32 Id. at 58.
33 Id. at 9 (noting temperature is a limiting factor in the reach nearest the mill because "temperatures in summer can
exceed the [riverweed's] reported upper limit of 30 °C reported in the literature").
34 Nikki J. Maxwell, Baseline Survey and Habitat Analysis of Aquatic Salamanders in the Pigeon River, North
Carolina (2009) (unpublished master's thesis, University of Tennessee) (Attachment C).
35 David B. Dunn, A Survey of Crayfish in the Pigeon River and its Tributaries in Tennessee and North Carolina
(2010) (unpublished master's thesis, University of Tennessee) (Attachment C).
36 BIP at 8-9.
37 Id. at 89.
38 Id. at 10, 20.
8

impact on the benthos community as a result of the thermal discharge."39 However, it discounted
these impacts as "not significant enough to exceed the broad definition of a Balanced and
Indigenous Population."40 But impacts do not need to be "significant" to disqualify a discharger
from receiving a § 316(a) thermal variance —they only need to be "appreciable" which the BIP
study itself defines as the presence of adverse impacts.41 More importantly, DEQ failed to
recognize that the BIP study's rosy conclusions are unsupported by the very evidence contained
within it. DEQ's reliance upon Blue Ridge Paper's insufficient demonstration is therefore
arbitrary and capricious.
1. The BIP study overlooked impacts on several crucial biotic groups.
Two important aspects of a balanced, indigenous population are that it (1) is
"characterized by diversity" and (2) supports "necessary food chain species." 40 C.F.R. §
125.71(c). EPA guidance42 clarifies that a community43 "characterized by diversity" means
"diversity at all trophic levels."44 In other words, "all of the major trophic levels present in the
unaffected portion of the water body should be present in the heat affected portions."45 In a
similar vein, the presence of "necessary food chain species" means that "the necessary food webs
remain intact so that communities will be sustaining."46 If any trophic levels or links in the food
chain will not be protected, the § 316(a) demonstration necessarily fails.47
EPA has identified six trophic levels —or "biotic categories" —that should be analyzed in
a Section 316(a) demonstration: phytoplankton, zooplankton, "habitat formers,"48
39 Letter from Cyndi Karoly, Chief of the Water Sciences Section, on DEQ's Review of Evergreen Packaging's
Balanced and Indigenous Population Assessment, to Wallace McDonald, Manage of Evergreen Packaging (Jan. 11,
2019).
40Id. (emphasis added).
41 See supra notes 21-22.
42 In making the Section 316(a) demonstration, "the discharger shall consider any information or guidance published
by EPA to assist in making such demonstrations." 40 C.F.R. § 125.72(e) (emphasis added).
43 The term balanced, indigenous community "is synonymous" with the term balanced, indigenous population. 40
C.F.R. § 125.71(c).
44 Letter from James D. Giattina, Director, EPA Water Protection Division, to Colleen H. Sullins, Director, N.C.
DWQ (Feb. 22, 2010) [hereinafter "EPA Objection Letter"] (Attachment B).
45
Id.
46 Id.
47 See U.S. Envtl. Protection Agency, Interagency 316(a) Technical Guidance Manual and Guide for Thermal
Effects Sections of Nuclear Facilities Environmental Impact Statements at 16 (May 1, 1977) [hereinafter "EPA
Guidance Manual"], https://www3.epa.gov/npdes/pubs/owm0001.pdf (noting that a failure to show the protection
and propagation of any of the biotic categories results in a denial of the thermal variance); BIP at 46 (noting the
Section 316(a) demonstration must "ensure that all trophic levels present in the unaffected portion of the river were
present in the heat -affected portions" (emphasis added)).
48 According to EPA, "habitat formers" are "any assemblage of plants and/or animals characterized by a relatively
sessile life stage with aggregated distribution and functioning" as a "living and/or formerly living substrate"; a
"direct or indirect food source" for shellfish, fish, and wildlife; a biological mechanism for the stabilization and
modification of sediments"; a "nutrient cycling path or trap"; "specific sites for spawning"; or "nursery, feeding, and
cover areas for fish and shellfish." EPA Guidance Manual, supra note 47, at 76-77.
9

shellfish/macroinvertebrates, fish, and other vertebrate animals.49 The BIP study largely
followed these categories but added a seventh: periphyton.50 After examining these seven
categories, the BIP study concluded that "[a]11 trophic levels of the aquatic community (biotic
categories) were present,"51 and "[s]implification of the aquatic community through loss of...
trophic levels has not occurred."52 Yet the BIP study's own statements, data, and references belie
this conclusion for three key biotic categories: shellfish, other vertebrates, and habitat formers.
a. Mussels
Mussels are "important components of the overall aquatic communit[y]" in the Pigeon.53
Yet "[n]o mussels had been found in [the thermally affected] reach in recent years."54 The BIP
discounted the importance of this significant biotic gap by observing that: (1) "no mussels [were]
observed at any of the sampling sites during 2012,"(2) DEQ surveys "have not documented any
naturally -occurring [sic] mussels in the Pigeon" in recent years, and (3) a recent study
"documented proof that mussels could survive and grow in the river below the mill."55
Elsewhere, however, the BIP recognized that rare mussels have been found upstream of
the mill, including the federally endangered Appalachian elktoe. Specifically, the BIP noted that
a small population of Appalachian elktoe mussels occurs "in the mainstem upstream of
Canton,"56 and rare wavy -rayed lampmussels have been found "in the upper [Pigeon] river above
Canton" and were "believed to have occurred historically through the lower Pigeon River" below
the mill.57 Both the elktoe58 and lampmusse159 are sensitive to high water temperatures. The
49Id. at 18-33.
5o gIP at 45.
51 Id. at 94.
52 Id. at 53.
53 Id. at 50.
54 Id. at 68.
55 gIP App'x B at 77 (emphasis added).
56 BIP at 83.
57Id. at 85.
58 Appalachian Elktoe Determined to be an Endangered Species, 59 Fed. Reg. 60,324, 60,328 (Nov. 23, 1994)
("Appalachian elktoe is found in cool, (it has not been recorded from extremely cold or warm waters) moderate to
fast -flowing water."); Gary S. Pandolfi, Jr., Effects of Climate, Land Use and In -Stream Habitat on Appalachian
Elktoe (Alasmidonta raveneliana) in the Nolichucky River Drainage 11 (2016) (unpublished master's thesis,
Appalachian State University) (Attachment C) (finding that Appalachian elktoe "could be undergoing recruitment
failure due to thermally mediated shifts in host fish abundance" and that warmer "[w]ater temperature may also
influence mussel metabolic rates, reduce survivorship of glochidia, and alter other life history parameters" ).
59 Jennifer M. Archambault et. al, Burrowing, Byssus, and Biomarkers: Behavioral and Physiological Indicators of
Sublethal Thermal Stress in Freshwater Mussels (Unionidae), 46 Marine and Freshwater Behavior and Physiology
229 (2013) (Attachment C) (finding the lampmussel experienced 50% mortality rates between 33.7 and 34.7 °C but
noting that "thermal stress can occur at relatively moderate temperatures" around 27 °C and concluding that "above -
average stream temperatures and changes in the seasonal phenology of stream temperature profiles and flows may
have detrimental behavioral and physiological effects to this already imperiled faunal group"); Heidi L. Dunn & J.R.
Petro, Freshwater Mussel Monitoring and Alternate Thermal Standards, Third Thermal Ecology and Regulation
10

elktoe, in particular, is likely range limited in part due to discharges from the mill.60 According
to the North Carolina Wildlife Resources Commission, agency "staff and others have
consistently found" both rare mussels "within a mile upstream of the mill," with the Appalachian
elktoe "most recently found in 2020."61 Neither mussel has been found downstream of the mill at
any location upstream of Crabtree Creek —a stretch of nearly 14 miles.62
The only bivalve species that the BIP study did identify occurring in the reach below
Canton is the "introduced and rapidly spreading Corbicula fluminea": the invasive —and
thermally tolerant —Asiatic clam.63 This species has a "low tolerance for cold temperatures," and
often favors river stretches "with thermal discharges where warm effluents can provide a thermal
refuge for cold winters."64 Corbicula were found at every Pigeon River basin station up to
Pigeon River Mile ("PRM") 64.5 (the station immediately above the mill), where only one was
found.65 No clams were found at any sites farther upstream.66
The BIP study attempted to explain away this upstream —downstream pattern in two
different ways. First, it suggested that Corbicula "appeared to have been stopped in its regional
upstream invasions by the low -head dams at Canton."67 This is incorrect; as the study noted in
the previous sentence, the clam has already made it above the dams.68 Therefore, something else
must be responsible for this lopsided distribution. Second, the study opined that the presence of
this thermally tolerant species downstream of the mill "does not result from the thermal additions
by the Mill" because the "two sites of highest abundance do not correlate well with river
temperatures."69 But correlation is not causation; just because the BIP study's very limited
sample size (only 1 to 23 clams were collected at each site below PRM 64.5) does not show a
clear linear pattern tied to temperature does not mean temperature has no effect on the clam's
distribution. Asiatic clams are thermally tolerant —not necessarily thermophilic—so it is unclear
why the BIP assumed that as temperatures rise closer to the mill, so should clam abundance. The
BIP's conclusion that the abundance of a thermally tolerant clam below the mill is not due to the
mill's thermal effluent is further undermined by the researchers' failure to conduct winter
Workshop Report 1025382 (2012) (Attachment C) (noting that newly metamorphosed juveniles of the wavy -rayed
lampmussel experienced high rates of mortality during laboratory holding at 26-27 °C (citing pers. comm.)).
6° S.J. Fraley & J.W. Simmons, An Assessment of Selected Rare Mussel Populations in Western North Carolina
Following Extraordinary Floods of September 2004, N.C. Wildlife Res. Comm'n (2006) (Attachment C) ("[T]he
downstream distribution of Appalachian elktoe in the Pigeon River ends abruptly at Canton where habitat becomes
unsuitable due to a small impoundment and physico-chemical impacts from point and non -point sources.").
61 Letter from Cameron Ingram, Executive Director of N.C. Wildlife Res. Comm'n, on NPDES Permit NC0000272
Renewal, to Sergei Chernikov, N.C. Div. of Water Res. (Mar. 19, 2021).
62 Id.
63 BIP at 86.
64Id. at 87.
65 Id.
66 Id.
67 Id.
68 Id.
69 Id.
11

sampling, even though the BIP recognized that winter is a time of year when "thermal effluent
could provide a warm thermal refuge for Corbicula."70
In short, Blue Ridge Paper's own BIP study demonstrated that: (1) indigenous and rare
mussel species are extirpated below the mill but still persist in the cooler waters above the mill;
and (2) thermally tolerant, non-native Asiatic clams have expanded into the trophic level vacated
by these native species below the mill, but have stopped their upstream expansion past the mill
into colder waters where native mussels are present. Unless DEQ is prepared to recognize an
invasive, thermally tolerant clam as part of a "balanced, indigenous community" in a cold
mountain river, Blue Ridge Paper cannot meet its burden to show that the "cumulative impact of
its thermal discharge together with all other significant impacts on the species affected, will
assure the protection and propagation of a balanced indigenous community of shellfish." 40
C.F.R. § 125.73(a) (emphasis added).
b. Crayfish
Crayfish are "keystone species" in riverine food webs because they serve as important
decomposers of organic material and are a critical food resource for numerous predators.71 The
BIP study agreed that crayfish are "important components of the overall aquatic communit[y]" in
the Pigeon.72 Yet BIP sampling only turned up small numbers of four crayfish species; and in
North Carolina, the only species found in the Pigeon River downstream of the mill was the non-
native White River crayfish —a species more typically found in sloughs, swamps, and sluggish
lowland streams.73
The BIP study supplemented these findings by incorporating data from a 2010 baseline
crayfish survey of the Pigeon River and its tributaries conducted by scientist David Dunn.74 Over
the course of eight months, Dunn found 1,320 crayfish specimens representing seven species
across numerous sampling sites, including nine Pigeon River tributaries, the mainstem of the
Pigeon upstream of the mill, the bypass reach downstream of Walters Dam, and the Tennessee
portion of the river.75 But no crayfish were found in the thermally affected reach below the
mill.76 Dunn speculated that one possible reason for this could be that the 2007 drought "caused
paper mill effluents to concentrate in the river," which "could have created uninhabitable water
quality conditions for crayfish to thrive directly downstream of the mill."77
7o Id.
71 Dunn, supra note 35, at 2; id. at 6 ("[C]rayfish are vital to aquatic ecosystem stability.").
72 BIP at 50.
73 Id. at 89.
74Id. at 88.
75 Dunn, supra note 35, at v.
76 Id. at 29-30.
77 Id. at 30.
12

Although the BIP study acknowledged these results, it opined that "thermal mortality is
unlikely to be the cause of lack of crayfish in the mainstem Pigeon River" for two reasons.78
First, limited data on upper lethal temperatures for adult crayfish suggest temperatures on the
mainstem of the Pigeon would be unlikely to kill crayfish outright.79 Second, Dunn suggested
crayfish were more likely escaping increased salinity and conductivity in the mainstem during
the drought than heightened temperatures.80
These explanations are insufficient for several reasons. To start, the BIP itself admitted
that several species of adult crayfish show significant mortality between 24 °C and 33 °C—
temperatures regularly reached below the mill.81 The BIP also acknowledged that juveniles and
molting crayfish "may be [even] less tolerant of elevated temperature."82 But even if these
temperatures did not cause direct mortality, the BIP agreed that "temperatures above [those]
preferred" by native crayfish may explain their absence below the mill.83 It is irrelevant whether
these crayfish were killed or moved to escape uncomfortably high temperatures, because the
effect on the ecosystem —the loss of important keystone species —is the same. EPA agrees,
stating in guidance documents that "a basis for denial [of a § 316(a) demonstration] exists if
important fish, shellfish, or wildlife are thermally excluded from the use of the habitat."84
Finally, Dunn's speculations about what element of the mill's concentrated effluent forced
crayfish to flee are just that —speculations. The BIP cited no additional surveys that have
attempted to test Dunn's hypothesis. Pointing to untested speculations does not satisfy Blue
Ridge Paper's burden to show its thermal variance will protect crayfish.
Ultimately, the BIP study opined that "[t]oo few crayfish were collected [by BIP
researchers] to speculate about protection and sustainability" of crayfish below the mill.85 But
then the BIP turned around and did just that, finding that the "cumulative impact of its thermal
discharge together with all other significant impacts on the species affected, will assure the
protection and propagation of a balanced indigenous community of shellfish" —including
crayfish.86 If the BIP supposedly lacked the data to draw any conclusions about crayfish, it could
not affirmatively find crayfish will be protected.
In fact, plenty of data exists to demonstrate the opposite conclusion: that native, cooler -
water crayfish have been extirpated and replaced by a thermally tolerant, non-native, swamp -
dwelling crayfish. Though BIP researchers did not find many crayfish, they did incorporate the
findings of Dunn, who found over 1,300 specimens. Yet Dunn found no crayfish below the mill,
78 BIP at 90 (emphasis added).
79 Id. at 89-90.
8o Id. at 8.
81 Id. at 89-90.
82 Id. at 90.
83 Id. (emphasis added).
84 EPA Guidance Manual, supra note 47, at 26 (emphasis added).
85 BIP at 90.
86 Id. at 94.
13

which he blamed in part on the mill's discharge. Therefore, the BIP cannot conclude that the
crayfish community is "similar to what would have been there without the thermal discharge."
This conclusion is arbitrary, capricious, and unsupported by the record.
c. Salamanders
In many headwater watersheds, salamanders, not fish, dominate the vertebrate
community.87 For example, in some streams rare eastern hellbenders—which can weigh up to
2.2 kg —"may act as apex predators" that "exhibit top -down control of aquatic community
structure."88 Though ecologically critical, salamanders are very sensitive to changes in water
quality, including temperature shifts.89 Stream temperature has been found to limit salamander
occupancy in the Southeast.9°
The BIP study did not sample for salamanders, but did incorporate findings from a 2009
baseline survey of stream salamander species in the Pigeon River basin conducted by scientist
Nikki Maxwel1.91 Maxwell surveyed twenty sites in the basin, including four mainstem sites
above the mill and four below.92 No salamanders were found at any of the four mainstem sites
below the mill.93 Five different species of stream salamanders were captured elsewhere, with
mean abundance peaking in the Pigeon River above the mill and in Big Creek.94
Maxwell's analyses revealed that poor water quality more likely explained the absence of
salamanders below the mill than habitat availability.95 For example, Maxwell determined that
adequate habitat for the rare eastern hellbender existed below the mill, but water quality issues —
including high water temperatures, increased salinity, and conductivity —"potentially limited
[its] use" for hellbenders and other native salamanders.96
The BIP study recognized that salamanders "appear to be missing from the Pigeon River
downstream of the Mill" but suggested "it seems unlikely" that this is due to thermal stress.97 As
support, the BIP cited literature on temperature tolerance for several salamander species
87 Robert D. Davic and Hartwell H. Welsh, Jr., On the Ecological Roles of Salamanders, 35 Ann. Rev. Ecol. Evol.
Syst. 405 (2004) (Attachment C).
88 Ashley E. Yaun, Trophic Ecology of an Imperiled Giant Salamander (Cryptobranchus a. alleganiensis) in
Southern Appalachian Streams (2019) (unpublished master's thesis, Appalachian State University) (Attachment C).
89 Dunn, supra note 35, at 39.
90 Evan H. Campbell Grant, Amber N. M. Wiewel, & Karen C. Rice, Stream -Water Temperature Limits Occupancy
of Salamanders in Mid -Atlantic Protected Areas, 48 J. of Herpetology 45, (2014) (Attachment C).
91 BIP at 90.
92 Maxwell, supra note 34, at 17, 27.
93 Id.
94 Id. at 27.
95 Id. at 36.
96 Id. at v, 39-43.
97 BIP at 90-91.
14

suggesting that individuals can acclimate to a range of warmer temperatures between 31 °C and
41 °C.
98
This conclusion is incorrect for four primary reasons. First, data on the temperatures that
cause direct mortality does not address the sublethal effects of high temperatures, such as
whether salamanders may be forced to move to cooler -water refugia. Second, only one of the
eight supposedly temperature -tolerant species cited by the BIP (Desmognathus
quadramaculatus) was found in the Pigeon River basin by Maxwell.99 The thermal tolerances of
the other salamanders actually found in the Pigeon may be much different than the focal species
of the cited literature. For example, optimum temperatures for the cold -water -loving hellbender
range between 9.8 and 22.5 °C 100 Third, all of the studies the BIP cited are acclimation studies,
meaning the salamanders were allowed to adjust to warmer temperatures over time. Nothing in
the BIP suggested this is the case for salamanders —if any are present —in the Pigeon below the
mill. Finally, the BIP study acknowledged that "Critical Thermal Maximums" for salamanders
are lower in winter but did not address how this may further impact species in the Pigeon.101
As with the other biotic categories discussed above, the BIP conclusion regarding
salamanders contradicted its own research. The BIP acknowledged salamanders exist upstream
of the mill but are completely extirpated or absent below it, perhaps in part due to high
temperatures. The BIP nonetheless concluded that the biotic community below the mill is
"similar to what would have been there without the thermal discharge."102 This conclusion is
arbitrary, capricious, and unsupported by the record.
d. Riverweed
The rooted aquatic plant Podostemum ceratophyllum (hornleaf riverweed) "serve[s] as
important structure for other members of the aquatic community" in the Pigeon River basin.103
This "habitat former" produces a thick mat and long stems that have been "repeatedly
demonstrated to be an important substrate for promoting benthic invertebrate biomass,
abundance, and species richness ... and to positively influence the abundance of several fish
species, including the banded darter."104 Podostemum is sensitive to high temperatures, however,
with a "reported upper limit of 30 °C reported in the literature." 105
98 Id.
99 Compare id. at 90 (noting this species had a critical thermal maximum of 31.4 °C—a temperature below the
monthly average maximum allowed on the mainstem in the summer), with Maxwell, supra note 34, at 27.
1' M.A. Nickerson & C.E. Mays, The Hellbenders: North American "Giant Salamanders" (1973) (Attachment C);
S. Conor Keitzer, Thomas K. Pauley, & Chris L. Burcher, Stream Characteristics Associated with Site Occupancy
by the Eastern Hellbender, Cryptobranchus alleganiensis alleganiensis, in Southern West Virginia, 20 Ne.
Naturalist 666 (2013) (Attachment C).
101 BIP at 90.
1°2 Id. at 94.
1'Id. at51.
1°4 Id. at 91.
1°5 Id. at 92.
15

The BIP study noted the presence or absence of Podostemum while sampling for fish and
macroinvertebrates. The plant was found at three of four reference stations upstream of the mill
and two of three stations in the Pigeon River in Tennessee.106 However, no Podostemum was
found "at all in the thermally affected reach between the Mill and Waterville Reservoir."107
The BIP discounted these results by suggesting temperature "does not appear to be a
limiting factor except in the reach nearest the Mill, where temperatures in summer can exceed
the reported upper limit of 30 °C."108 Instead, the BIP concluded the aquatic plant's "low
dispersal ability ... combined with the Pigeon River's stresses of flooding in 2004 and drought
in 2007-2008, may be limiting its ability to recolonize the thermally affected reach after a history
of pollution."109
These conclusions are flawed. Flooding and drought conditions affected the entire region,
not just the thermally affected sites below the mill. In spite of these conditions, Podostemum
managed to persist above the mill and below Waterville Lake, which suggests something more
than flooding and drought are responsible for the lack of riverweed below the mill. In addition,
the fact that temperature is a limiting factor in the "reach nearest the Mill" is still a problem.
Between 2005 and 2009, temperatures at PRM 62.9—below the "mixing zone" —exceeded 30
°C on sixty-three different days."° Blue Ridge Paper cannot simply drop this stretch of the river
from the BIP analysis and ignore the probable effects of temperature on a thermally sensitive
aquatic plant that serves as an important habitat former for other aquatic biota.
Yet again, the BIP recognized that a crucial species is completely extirpated or absent
below the mill, at least in part due to high temperatures, but nonetheless concluded that the biotic
community below the mill is "similar to what would have been there without the thermal
discharge."111 This conclusion is arbitrary, capricious, and unsupported by the record.
Blue Ridge Paper acknowledges it must demonstrate that "all trophic levels present in the
unaffected portion of the river were present in the heat -affected portions."112 Yet the BIP study
showed that crucial biotic groups —including mussels, crayfish, salamanders, and the habitat -
forming Podostemum—are all missing from the thermally affected reach. Though Blue Ridge
Paper advanced various speculative explanations, none satisfy its burden to show that "the
cumulative impact of its thermal discharge together with all other significant impacts on the
species affected, will assure the protection and propagation of a balanced indigenous
1°6 Id. Riverweed was also found at both stations in the Swannanoa River, a reference for the study. Id.
107 Id.
108 Id.
109 Id
110 Blue Ridge Paper Products, Pigeon River Temperatures Jan. 2005 — Dec. 2009 (Attachment C).
111 BIP at 94.
112 Id. at 46 (emphasis added).
16

community" of shellfish and other wildlife. 40 C.F.R. § 125.73(a) (emphasis added). DEQ's
reliance on this erroneous assessment is therefore arbitrary and capricious.
2. The BIP study ignored substantial differences between upstream and
downstream populations of fish and macroinvertebrates.
Under the Clean Water Act, a Section 316(a) demonstration must assure the protection of
both a "balanced" and "indigenous" population. Such a community "may include historically
non-native species introduced in connection with a program of wildlife management and species
whose presence or abundance results from substantial, irreversible environmental
modifications." 40 C.F.R. § 125.71(c) (emphasis added). However, this does not mean that
species attributable to a thermal variance imposed through § 316(a) may be considered part of a
balanced, indigenous population. Id. In other words, "prior habitation by a pollution -tolerant
community" does not make that community "indigenous."113 As Blue Ridge Paper recognizes,
the "balanced, indigenous population" of fish, shellfish, and wildlife contemplated by the Clean
Water Act is the population that exists absent the impacts of the applicant's "thermal discharge
and other sources of pollution."114
The BIP study ultimately concluded that the biotic community at sites below the mill is
"reasonably close to what would be expected at these sites without the influence of the thermal
discharge."115 However, the BIP study's own data demonstrate that fish and macroinvertebrates
are detrimentally impacted by the mill's thermal effluent, acting in concert with other significant
impacts.
a. Fish
In the absence of the mill's thermal effluent, the Pigeon River below the mill would be a
cold -water river.116 Yet the BIP study showed that fish communities downstream of the mill are
composed of species that tolerate higher temperatures than those upstream.
To start, the study noted that the distribution of most fish species sampled in the Pigeon
River "followed one of five well-defined spatial patterns."117 This distribution pattern included
one group that was "restricted to or noticeably more abundant upstream of the Canton Mill" and
another that was "most abundant" between the mill and Waterville Lake.118 Species that were
"much more abundant" upstream of the mill included warmouth, mirror shiner, saffon shiner,
and mottled sculpin.119 As the study recognized, these "four species more common upstream of
13 Id. at 19.
114 Id. at 20.
115 Id. at 57.
116 See Bartlett, supra note 1.
117 BIP App'x B at 56.
118 Id. at 56.
119 Id. at 57. The BIP study also claims a pollution -tolerant species —green sunfish —was "much more abundant"
upstream of the mill. Id. at 57. This categorization is likely a mistake. Only six green sunfish were found during the
entire study period. Id. at 51. One was found above the mill, and five were found at a single station in Tennessee. Id.
Given that green sunfish were five times more abundant below Waterville Lake than anywhere else, this species
17

the mill ... are predominantly cool water forms."12° Species that were "restricted to or much
more abundant" in the reach downstream of the mill included common carp, white sucker, brown
bullhead, bluegill, largemouth bass, yellow perch, flathead catfish, and smallmouth redhorse.121
As the study acknowledged, these species respond well to greater food availability and generally
"prefer warm water" and therefore "their higher abundance in the middle reaches is probably the
result of more food being available and warmer temperatures."122
Some species, like the thermally tolerant redbreast sunfish and pollution -intolerant rock
bass, were found both above and below the mill. However, redbreast sunfish outnumbered rock
bass by a 5.7 to 1 ratio below the mill, while rock bass outnumbered redbreast sunfish by a 2 to 1
ratio above the mill.123 In terms of percentage of total catch, redbreast sunfish comprised 33.5%
of all fish caught in the thermally affected region and only around 5% of the total catch in the
four reference sites above the mill.124
The BIP study acknowledged that together these results show that "the fish community in
the North Carolina reach downstream of the Mill has more characteristics of a warm -water fish
community than does the river upstream of the Mill."125 But the BIP study blamed much of this
disparity on the "physical nature of the river between the Mill and Waterville Reservoir."126
Alternately, the BIP suggested that some of these differences are the result of upstream and
downstream barriers to movement —namely the small impoundment upstream of the mill.127
Because of this barrier, some of the cold -water species observed upstream may be "slow to
recolonize" the area below the mill.128 These assertions amount to unsupported speculation and
ignore the more obvious cause of distinctly different fish communities above and below
Canton —the mill's heated discharge.
First, the BIP study did not support the notion that the entire thermally affected reach
below the mill (PRM 63.3 to —42) is physically different from that above it. Specifically:
• From the confluence of the East and West Forks (PRM 69.5), the Pigeon River enters a
"clearly distinct" "Broad Basins" subregion, which "persists for approximately 20 miles
until about the confluence with Fines Creek (PRM 42.7)."129 Therefore, every thermally
should likely have been categorized as "restricted to or noticeably more abundant downstream of Waterville Lake."
Id. at 56.
12° Id. at 58.
121 Id. at 57. A few pollution -intolerant darters and shiners were also "restricted to or much more abundant" below
the mill. Id. This is unsurprising, given these species were reintroduced in this stretch only. Id.
122 Id. at 58.
123 BIP at 65.
124 See BIP App'x B at 51.
125 BIP at 57.
126 Id.
127 Id. at 66.
128 Id.
129 Id. at 31.
18

affected biological sampling site falls within the same geographic subregion as two of the
four upstream sites.
• The "substrate in much of the river is dominated by cobble, gravel, and sand with
interspersed larger boulders and bedrock," with silt only becoming "more prevalent in the
low -gradient reach near Clyde" (PRM 59-55.5).13° In other words, the four to nine miles
of river below the mill have substrate comparable —if not functionally identical —to sites
above the mill.
• The Pigeon's average change in elevation along a stretch extending several miles below
the mill (4.0 feet per mile) is also similar to the gradient just upstream of the mill (5.0 feet
per mile).131
Second, the study's speculations regarding the effect of the impoundment miss the point.
The governing regulation is concerned with "the cumulative impact of its thermal discharge
together with all other significant impacts on the species affected," including the impoundment.
40 C.F.R. § 125.73(a) (emphasis added). Noting that the impoundment may contribute to an
imbalanced community did not satisfy Blue Ridge Paper's burden to demonstrate that its thermal
discharge, in combination with all other significant factors, assures a balanced indigenous
community. In fact, the BIP's observation that cold -water species still need to "recolonize" the
area below the mill showed that the downstream fish community is not "similar to what would
have been there without the thermal discharge."132 Therefore, Blue Ridge Paper's Section 316(a)
demonstration necessarily fails.
b. Macroinvertebrates
In addition to reshaping the downstream fish community, the mill's thermal discharge has
also altered the composition of aquatic macroinvertebrates in the Pigeon. These aquatic insects
are reliable indicators of stream health, as pollution tolerance varies among different
macroinvertebrate taxa. The BIP study found that macroinvertebrates "were present and diverse
in all study sites, both thermally affected and reference," and that "[t]otal taxa numbers in the six
Pigeon River basin reference sites were similar to the nine thermally affected sites."133 What the
BIP neglected to mention is that there was a significant difference in which taxa were found
above the mill and which were found below it.
To assess how similar macroinvertebrate communities were to each other, the study used
the North Carolina Biotic Index ("NCBI") and the Ephemeroptera + Plecoptera + Trichoptera
taxa richness index ("EPT Index").134 The former calculates the "relative tolerance of the benthic
community to the presence of general stressors, with lower values indicating more pristine
conditions and higher values indicating stress."135 The latter calculates the relative tolerance for
13° Id. at 30.
131 Id.
132 Id. at 94.
133 Id. at 64 (emphasis added).
134 BIP App'x B at 22.
135 2016 Benthic SOP, supra note 29, at 19.
19

just the portion of the community represented by the insect orders Ephemeroptera, Plecoptera,
and Trichoptera.136 These indices were combined to create final bioclassifications for each
sampling site (Excellent, Good, Good -Fair, Fair, or Poor).137
Results showed significant community differences between upstream and downstream.
As shown in the table below, NCBI bioclassifications were "Good" immediately above the mill,
"Fair" in the five sites immediately below the mill, "Good -Fair" in the next three downstream
sites, and then "Good" once more at the N.C. station farthest downstream from the mi11.138 Final
bioclassifications were "Fair" to "Excellent" above the mill, "Fair" in the five stations directly
below the mill, and "Fair" to "Good -Fair" in the last four North Carolina sites.139 On average,
biotic index scores for the four upstream stations were 4.37 ("Good") while the nine thermally
affected sites averaged 5.79 ("Fair"). The worst score on the river was directly below the mill.140
Pigeon River Upstream of Mill
Pigeon River Below Mill to Waterville Reservoir
PRM EF
WF
69.5
64.5
63.0
61.0
59.0
57.7
55.5
54.5
52.3
48.2
45.3
NCBI 3.88
5.05
4.39
4.16
6.0
6.44
5.97
6.04
6.12
5.42
5.35
5.42
4.69
NCBI
Classification
xcellent
Good-
Fair
Good
Good
Fair
Fair
Fair
Fair
Fair
Good-
Fair
Good-
Fair
Good-
Fair
Good
Overall
Classification
xcell:-
Fair
Good
Good-
Fair
Fair
Fair
Fair
Fair
Fair
Good-
Fair
Good-
Fair
Fair
Good -
Fair
This pattern of more pollution -tolerant macroinvertebrate taxa below the mill's thermal
discharge matches other recent assessments in the Pigeon River. Recent benthos surveys
conducted by DEQ in 2017 classified a stretch downstream of the mill near Clyde as "Fair" on
the EPT index, explaining that "high water temperatures and a high specific conductance in -
stream" are "chronic problem[s] at this site and a result of upstream effluent" from the mill.141
As a result, the river below the mill is currently listed as "impaired" for benthic
macroinvertebrates on North Carolina's § 303(d) list from the discharge to a point six miles
downstream.142 In 2020, DEQ proposed expanding this impaired area even farther
downstream.143
136 Id
137 BIP App'x B at 22.
138 Id. at 37.
139 Id
14° Id. at 38.
141 N.C. Dep't of Envtl. Quality, Div. of Water Res., Benthos Site Details EB 257 (Pigeon River) [hereinafter "EB
257 Survey"] (Attachment C).
142 N.C. Dep't of Envtl. Quality, 2018 NC Category 5 Assessments '303(d) List' Final, https://files nc.gov/ncdeq/
Water%2OQuality/Plarm ing/TMDL/3O3d/2018/2018-NC-303-d--List-Final.pdf.
143 See supra note 6.
20

The BIP study acknowledged that the "mill effluent [is] influencing downstream benthic
communities,"144 but downplayed the significance of the poor biotic scores below the mill. First
it dismissed the biotic index scores for the upstream reference areas as only "somewhat better on
average" than those in the thermally affected reach below the mill.145 Second, the study noted
that the biotic index analysis used thresholds "for mountain streams and it should be recognized
that many of the thermally affected stations are slowly moving, silty habitats unlike mountain
streams."146
These explanations are flawed for at least three reasons. First, the index scores for the
upstream sites were rated two categories higher, on average, than the downstream sites —a
statistically significant result that explains why sites below the mill are listed as impaired and
those above the mill are not. Second, Blue Ridge Paper does not dispute that the thermally
affected sites should be analyzed using DWR's mountain stream index thresholds.147 It cannot
disclaim DWR's index scoring system merely because it does not like the outcome. Third, as
explained above, the physical characteristics of the Pigeon at many of the thermally affected
samplings stations are not different than those above the mill.148 Thus, Blue Ridge Paper's
attempt to characterize the reach below the mill as "unlike [a] mountain stream[]" is belied by its
own data.149
In sum, the BIP study showed that pollution -tolerant macroinvertebrates are common
below the discharge, while pollution -intolerant species are found above it. These findings
directly contradict the claim that the downstream sites are reasonably "similar to what would
have been there without the thermal discharge" and other sources of pollution.'5° DEQ's reliance
on this unfounded conclusion is arbitrary, capricious, and unsupported by the record.
3. The BIP study cannot avoid assessing the cumulative impacts of thermal
effluent together with "all other significant impacts" in the Pigeon River.
Blue Ridge Paper's thermal impacts cannot be considered in isolation. Instead, Blue
Ridge Paper must show that "the cumulative impact of its thermal discharge together with all
other significant impacts on the species affected, will assure the protection and propagation of a
balanced indigenous [population]." 40 C.F.R. § 17 (emphasis added). Though the BIP study
144 BIP App'x B at 39.
145 BIP at 64.
146 Id.
147 See BIP App'x B at 16.
148 See supra Part II.B.2.a.
149 Blue Ridge Paper provided no data to support its contention that waters are "slowly moving" below the mill. See
generally BIP. It also is not clear why mountain streams —especially polluted ones like the Pigeon River —cannot be
"silty." To the extent Blue Ridge Paper is suggesting that sediment pollution makes the Pigeon River unsuitable for
assessment using DEQ's mountain ecoregion thresholds, it is mistaken.
'so Id. at 94.
21

recognized this obligation,151 its analysis reflected a fundamental misunderstanding of what the
law requires.
Instead of assessing the "cumulative impact" of the thermal discharge with "all other
significant impacts," the BIP assessed how "other pollutants ... might interact with warmer
temperatures to enhance detrimental effects."152 What this means is that the BIP only analyzed
whether higher temperatures make other pollutants more potent. For example, the BIP study
noted that "[t]emperature elevation should not affect the color" of the river nor the potency of
"individual toxicants" at the "exposure durations seen in the Pigeon River."153 But the object of
the BIP is not only to assess how temperature may enhance the toxicity of discrete pollutants
considered separately. Rather, the BIP must determine whether the elevated temperature,
together with "all other significant impacts," allows for a balanced, indigenous population.
The BIP study compounded this error by repeatedly assuming, without scientific support,
that pollutants discharged in quantities that do not exceed permit limits have no "interaction"
with temperature. For instance, the BIP noted that "chloroform is assumed to not interact
detrimentally with slightly elevated temperatures in the river" because chloroform limits are
based on EPA effluent guidelines.154 Similarly, the study "assumed that there would be little
interaction between slightly elevated temperature and chlorinated organic materials" because the
mill is already meeting federally mandated requirements for chlorinated organic compounds.155
Likewise, "it is assumed that [chlorinated phenolics] will not interact with slightly elevated
temperatures in the river" because the daily maximum limits in the permit are already lower than
federal requirements.156 These unsupported assumptions reveal no useful scientific findings
about the interactions between temperature and other pollutants..
The BIP study also erred by refusing to consider impacts from anything besides
discharged pollutants. For example, the BIP failed to analyze the cumulative impacts of the
thermal discharge together with "naturally severe conditions" like the 2007-2008 drought.157
During the summer of 2007, almost 8,500 fish were killed by high water temperatures below the
mill. Though the BIP recounted this event, it declined to consider how the mill's thermal effluent
contributed to the fish kill. Instead, it suggested that a "significant regional drought in 2007-2008
reduced stream flows in the Pigeon River to record lows and raised ambient river temperatures,
which resulted in a one -day kill of fish in the river immediately downstream of the discharge."158
Because the mill's heated "discharge remained essentially constant" in temperature and volume,
151 Id. at 61.
152 Id. (emphasis added).
153 Id. at 62.
154 Id. at 63 (emphasis added).
155 Id. (emphasis added).
156 Id. (emphasis added).
157 Id. at 29.
158 Id. at 28.
22

and no permit limits effective at the time were violated, the BIP found the thermal discharge was
not to blame for the ki11.159
This finding is contrary to law and common sense. Elsewhere, the BIP did not dispute
that the cumulative effect of the thermal effluent, together with the drought, low -flow conditions,
and hot weather combined to kill thousands of fish below the mill.160 The BIP's own analysis of
the kill noted that river temperatures upstream of the mill were 20.6 °C to 22.4 °C—well below
the thermal tolerances of the fish that were killed downstream.161 Below the mill, however, there
was "little (or possibly no) flow in the river other than the thermal discharge," which ranged
from 33.8 °C to 36.9 °C.162 These temperatures "were within the range that would be lethal to
many riverine fishes."163 Thus, while low flows and higher temperatures may have "contributed
to the fish kill,"164 the mill's heated effluent was unquestionably a but -for cause.
As this example illustrates, the BIP study did not assess how the mill's thermal effluent
contributed to past cumulative adverse impacts to species below the mill. Nor did the study
prospectively assess how the thermal discharge would interact with future droughts or natural
stressors to cumulatively impact aquatic communities below the mill. Because the BIP study
failed to adequately analyze cumulative impacts to species as required by federal regulations, it
cannot support the grant of a thermal variance.
4. The BIP study cannot rely on summer -only biological data or comparisons to
the dissimilar Swannanoa River, which both skewed the study's findings.
In addition to the defects described above, the BIP study suffered from two significant
design flaws that further undermine its conclusions. First, BIP researchers failed to sample
throughout the year to capture seasonal changes. Second, the study relied in part on an apples -to -
oranges comparison between the Pigeon and Swannanoa Rivers.
a. Summer -only sampling
EPA regulations require a balanced, indigenous population to have "the capacity to
sustain itself through cyclic seasonal changes." 40 C.F.R. § 125.71(c). EPA interprets this
provision to mean that "any additional thermal stress will not cause significant community
instability during times of natural extremes in environmental conditions."165 In practical terms,
this means that "[c]ommunity data should be collected during normal seasonal extremes as well
as during optimal seasonal conditions."166 "At a minimum," EPA recommends taking shellfish
159 See id. ("[D]eclining flows ... caused the abnormally high temperatures.").
160 See id. at 92.
161 BIP App'x D at 2-5.
162 Id. at 2-3.
163 Id. at 4.
164 Id. at 3.
165 EPA Objection Letter, supra note 44 (Attachment B).
166 Id. (emphasis added).
23

and macroinvertebrates samples "quarterly for one year,"167 while fish community samples
"shall be taken at monthly intervals to provide data representing seasonal and life stage habits
except during and immediately following periods of spawning when a more intensive sampling
effort should be provided."168
Even when intensive sampling efforts like these are not feasible, the BIP study and EPA
both emphasize the importance of winter biota sampling for a Section 316(a) demonstration. For
example, EPA notes that the "distribution of the various life stages of fish is dependent upon
many factors including season,"169 which necessarily means that sampling in one season will
miss impacts to temporary community assemblages that vary from season to season. The BIP
study also recognized that some species are more vulnerable to temperature spikes in the
winter,170 while thermally tolerant invasive species like Corbicula often shelter in thermal
plumes during the cold season.171 In addition, because water flows are higher during winter, the
thermal plume mixes less readily with the river, meaning the plume's impacts can stretch even
further downstream.172
Several conservation groups alerted Blue Ridge Paper to these problems before BIP
research began.173 Specifically, they urged Blue Ridge Paper to sample biota at least twice to
present a more complete picture and to capture any seasonal dynamics. Blue Ridge Paper
rejected these recommendations and proceeded with a single late -summer sampling effort from
July to September 2012.174 According to the BIP, late -summer sampling sufficed because it
occurs at the end of the extreme warmest period when community instability might
be identified, and it allows identification of year -around survival and reproduction
by collecting juveniles of most species. Sampling through the year would be
redundant and constitute an unacceptable loss of aquatic life. Additionally, because
of higher river flows during winter and spring, field data collection in these periods
is more difficult and can risk field personnel safety.175
This explanation is insufficient. The BIP cannot claim that the biotic community below
the mill has "the capacity to sustain itself through cyclic seasonal changes" if it failed to study
those seasonal changes. 40 C.F.R. § 125.71(c) (emphasis added). A proper BIP must show that
167 EPA Guidance Manual, supra note 47, at 25.
168 Id. at 30.
169 Id
17° BIP at 90 (noting salamanders have lower "Critical Thermal Maximums" in winter).
171 Id. at 87 (noting "warm effluents can provide a thermal refuge for cold winters").
172 Id. at 43.
173 Letter from Austin D.J. Gerken, counsel for Western North Carolina Alliance (now MountainTrue) and Clean
Water for North Carolina to Chuck Cranford, DWQ Surface Water Protection Supervisor (Apr. 13, 2012)
(Attachment C).
174 See BIP at 4 (noting that "stream temperatures are typically the warmest" during the summer and therefore
summer sampling is likely to capture "the most severe" biological impacts).
175 Id. at 47.
24

"any additional thermal stress will not cause significant community instability during times of
natural extremes"—plural.176 Sampling during one natural extreme, such as the "extreme
warmest period," fails to capture dynamics during other extremes such as winter. When ambient
river temperatures are lower in winter, the mill's heated effluent has a more disruptive effect on
overall river temperatures. More importantly, heated effluent may allow the warm -water,
pollution -tolerant community identified by the BIP below the mill to persist and gain dominance
during the winter, inhibiting recolonization by cold -water indigenous species.
The BIP's concerns about redundancy and loss of aquatic life are also unfounded. The
BIP has no evidence to suggest that winter sampling is redundant, having failed to do it. And the
BIP's own study methods guard against unacceptable losses of aquatic life. Fish samples were
collected via electrofishing, which is generally non -lethal if conducted properly. All captured
fish "were held in water -filled tubs until sampling was completed, at which time [they were]
released."177 Collection practices for other biotic categories were also generally non -lethal:
crayfish were collected using "modified minnow traps, electroshocking, snorkeling and turning
rocks";178 mussels and riverweed were assessed by noting presence or absence only;179
periphyton were measured but not collected;180 and wildlife were simply "observed." 181
Collection is lethal to macroinvertebrates, but the BIP did not explain why adding one winter
sampling event would constitute an "unacceptable" loss of benthic macroinvertebrates. Nor did
the BIP weigh these one-time sampling losses at discrete locations against the threat posed by the
mill's continued discharges to the entire population of aquatic insects below Canton.
While scheduling sampling efforts to avoid risky field conditions is important, the BIP
did not attempt to demonstrate that higher river flows are present throughout the entirety of fall,
winter, and spring, such that they pose an unabating safety risk to personnel. Without such a
showing, Blue Ridge Paper cannot justify its failure to protect a balanced, indigenous community
year-round as required by law. The failure to capture these seasonal dynamics means the BIP's
conclusions are fundamentally flawed. DEQ cannot rely on this truncated study to justify its
thermal variance.
b. Swannanoa River
As the BIP study acknowledged, the purpose of the Section 316(a) demonstration is to
assess whether the current community "approximate[s] the biotic community that would have
been there without the thermal discharge and other sources of pollution."182 To that end, EPA
16 EPA Objection Letter, supra note 44(Attachment B) (emphasis added).
177 BIP App'x B at 20.
178 BIP at 36.
179 BIP App'x B at 77; BIP at 59.
18° BIP App'x B at 81.
181 Id. at 80.
182 BIP at 20.
25

has suggested that "it may be appropriate to use a nearby water body unaffected by the existing
thermal discharge as a reference area."183
The BIP study used two primary reference areas: four upstream sites on the Pigeon River
and two sites on the Swannanoa River. To justify selecting the latter, the BIP noted that the
Swannanoa has "comparable basin morphology and is part of the larger French Broad River
basin."184 In addition, the Swannanoa "has similar headwater elevation and gradient
characteristics as the Pigeon River, and has a similar pattern of land use and development."185
A closer look shows that the Swannanoa is not an appropriate reference river. To start,
the drainage basin of the Swannanoa River is 1/4 the size of that for the Pigeon River, and the
Swannanoa is much smaller than the Pigeon.186 Some sections of the Swannanoa, including a
section near Warren Wilson College where BIP sampling occurred, are listed as impaired for
benthos on the North Carolina Section 303(d) list.187 In addition, the Swannanoa sampling
locations are at a lower altitude than the Pigeon River sampling locations, which may explain in
part why sampling revealed that the Swannanoa is significantly warmer than the upper Pigeon.188
The BIP's reliance on the Swannanoa as a reference river undermined the conclusions of
the BIP study. The Upper French Broad River downstream of Rosman, or a suitable altitude
reach of the Nolichucky may be more appropriate for comparing aquatic life. However, even
using the Swannanoa as a reference site, the BIP still found that the thermal discharge negatively
affects the aquatic community below the mill.
The BIP study dismissed and discounted clear indicators that the thermal pollution from
the mill has altered, and will continue to dramatically alter, the aquatic communities in the
Pigeon River. Based on the record before the agency, a balanced and indigenous population is
not present. Greenlighting a continued thermal variance will only perpetuate its absence.
Furthermore, neither the BIP study nor any other permit materials make the other
required showing that North Carolina's standard temperature limits are "more stringent than
necessary" to protect a balanced, indigenous population. See 33 U.S.C. § 1326; 40 C.F.R. §
125.73(a) (requiring the applicant to demonstrate that water quality standards are more stringent
than necessary). The thermal variance cannot be granted on the current record.
183 EPA Objection Letter, supra note 44 (Attachment B).
184 BIP at 41.
185 Id.
186 N.C. Dep't of Env't & Nat. Res., Div. of Water Quality, French Broad River Basinwide Water Quality Plan
(2011).
187 See supra note 5.
188 See BIP App'x B at 84 (noting that while the four upstream sites on the Pigeon averaged around 20.9 °C, the two
Swannanoa sites averaged 23.1 °C—a difference of more than two full degrees).
26

C. DEQ's Draft Permit does not protect the biological integrity of the Pigeon River.
The Pigeon River below the mill is designated as Class C waters, meaning that it must be
"suitable" for "aquatic life propagation, survival, and maintenance of biological integrity
(including fishing and fish); [and] wildlife." 15A N.C. Admin. Code 2B .0211(1)—(2).
"Biological integrity" is defined as "the ability of an aquatic ecosystem to support and maintain a
balanced and indigenous community of organisms having species composition, diversity,
population densities, and functional organization similar to that of reference conditions." Id. § 2B
.0202(12). For the reasons described above in Part ILB, there is no balanced and indigenous
community below the mill at least in part due to the mill's discharge. DEQ is well aware of this
imbalance, having listed the reach below the mill as impaired for benthos for decades. DEQ is
also aware that the mill's effluent is causing this impairment.189 However, DEQ has opted to
maintain the status quo and keep the same inadequate permit limits that allowed this imbalanced,
non-native community to proliferate. Because DEQ's Draft Permit "cannot reasonably ensure
compliance with applicable water quality standards," DEQ may not issue the permit as written.
Id. § 2H .0112(c)
D. The Draft Permit's relaxed testing schedule for fish -tissue dioxin fails to protect
of public health.
Dioxins are a class of chlorinated compounds that are recognized as carcinogens.19°
Because dioxins are not biodegradable, they bio-accumulate in the food chain, meaning that they
continue to "pile up in the fat tissue of animals and humans" long after they have been released
into the environment.191 Dioxins are also lipophilic: they are not soluble in water, but do bind
strongly to sediment and organic matter.192 For these reasons, dioxins are notoriously persistent
in the environment, even after discharges have ended.
Historically, the Canton paper mill discharged dioxins and furans as byproducts of its
chlorine bleaching process, contaminating the Pigeon River, Waterville Lake, and beyond. In the
late 1980s, elevated levels of dioxin were found in fish tissue throughout the lower Pigeon River,
triggering North Carolina and Tennessee to issue fish consumption advisories for all fish in the
river below the mill. In 1989, the mill made changes to its treatment of polluted effluent to
remove dioxin congeners. Since then, levels of dioxin and furan in the river have declined but
189 See EB 257 Survey, supra note Error! Bookmark not defined. (explaining that the poor water quality below the
mill is due in part to "high water temperatures and a high specific conductance in -stream" which are "chronic
problem[s] at this site and a result of upstream effluent" from the mill); see also supra note 39.
19° Agency for Toxic Substances & Disease Registry, Chlorinated Dibenzo-p-dioxins (CDDs) (1999), https://www.
atsdr.cdc.gov/toxfaqs/tf.asp?id=363&tid=63.
191 European Commission, Fact Sheet on Dioxin in Feed and Food (July 20, 2001), https://ec.europa.eu/commission/
presscorner/detail/en/MEMO_01_270; U.S. EPA, Exposure Assessment Tools by Media —Aquatic Biota (Oct. 23,
2020) [hereinafter "EPA Exposure Assessment"], https://www.epa.gov/expobox/exposure-assessment-tools-media-
aquatic-biota.
192 Ohio River Valley Water Sanitation Commission, Dioxin in the Ohio River Basin (1997), http://www.orsanco.
org/wp-content/uploads/2016/09/finaldioxinreport.pdf; EPA Exposure Assessment, supra note 191 (noting dioxins
have "low solubility in water and exist mostly sorbed to particles").
27

have not been eliminated. Dioxin binds strongly to river sediments, so stopping use at the mill
did not eliminate dioxin in the Pigeon River.
Because of the persistent nature of dioxins, Blue Ridge Paper has been required to
conduct fish -tissue sampling as a condition of its NPDES permit for decades. Under the 2010
permit, for example, Blue Ridge Paper was required to conduct fish -tissue dioxin sampling
during the 1st, 3rd, and 5th calendar year of the permit. During the most recent sampling effort in
2014, common carp fillets at one of the two sampling stations had dioxin levels of 9.619 parts
per trillion ("ppt")—more than double North Carolina's 4 ppt toxic equivalency ("TEQ") action
level to trigger a fish consumption advisory,193 and more than sixty-four times greater than
EPA's own risk -based consumption limit of 0.15 ppt for fish -tissue dioxin.194
When DEQ administratively extended the 2010 permit for another five years, fish -tissue
sampling was not continued, perhaps because of the way the original permit condition was
structured (instead of requiring testing every other year, it required testing on the 1st, 3rd, and
5th years). DEQ made no effort to restructure the fish -sampling condition through a modification
to avoid a five-year gap in sampling during the extension period. Despite this seven-year testing
gap —and despite finding a TEQ exceedance the last time testing occurred—DEQ now proposes
reducing the frequency of fish -tissue sampling to only once per five-year permit period.195
DEQ attempts to justify this reduction in two ways. First, it speculates that the TEQ-
exceeding specimens found during the last round of testing in 2014 could either be "anomalies,
or could indicate that some fish are present in the population with relatively higher TEQ
values."196 Second, DEQ points to a high -volume dioxin sampling study conducted by EPA in
2014 concluding that "the most potent of congeners in the series, 2,3,7,8 — TCDD, was not
detected in dissolved samples at the reporting limit of 0.0012 parts per quadrillion at any
station."197 Neither rationale withstands scrutiny.
The speculation that the 2014 results are anomalous is baseless. To start, the procedures
followed by Blue Ridge Paper's hired consultants are designed to guard against "anomalous"
results. Multiple specimens of two different target species were collected using study methods
approved by DEQ.198 Fillets from each specimen were then combined into a "composite" sample
using EPA -approved procedures.199 Testing composite samples instead of individual specimens
reduces the chance that results will be skewed by individual fish with higher relative toxin loads.
193 Draft Fact Sheet at 4.
194 U.S. Envtl. Protection Agency, Guidance for Assessing Chemical Contaminant Data for Use in Fish Advisories
at 5-105 (2000), https://www.epa.gov/sites/production/files/2018-11/documents/guidance-assess-chemical-
contaminant-vol2-third-edition.pdf.
195 Draft Permit at 18 (requiring a fish -tissue analysis during the 2nd calendar year of the permit).
196 Draft Fact Sheet at 4.
197 Id. (emphasis added) (quoting U.S. EPA, Pigeon River Dioxin High Volume Sampling Report (2014) [hereinafter
"EPA Dioxin Report"] (Attachment C)).
198 Blue Ridge Paper Products Inc dba Evergreen Packaging, 2014 Dioxin in Fish Tissue Report NPDES NC
0000272 at 1 (Feb. 2, 2015) (Attachment C).
199 Id. at 15.
28

If these composite samples showed TEQ exceedances more than two times the state limit in
2014, then DEQ should not discount them.
DEQ's related hypothesis —that the 2014 tests "could indicate that some fish are present
in the population with relatively higher TEQ values" —would seem to be precisely the result the
testing is designed to detect. To the extent DEQ is suggesting that other, untested fish may have
had "relatively" lower TEQ values, it is engaging in speculation not supported by the 2014 test
itself. At any rate, the presence of dioxin at higher levels even in some fish is a reason to
continue testing fish tissue, especially in a river with known recreational uses.
DEQ's citation to EPA's 2014 high -volume dioxin sampling is also misleading. That
study conducted testing for numerous dioxin and furan congeners —not just the cited 2,3,7,8-
TCDD—in both dissolved and particulate form at four different sites: one above the mill, one
several miles below, and two in Waterville Lake.200 Notably, sampling site PRO2—the site
directly below the mill —had the highest particulate dioxin concentrations for every congener
tested in the study.201 Every congener identified at PRO2 also exceeded EPA's reporting limit;
for example, particulate 2,3,7,8-TCDD was detected at a concentration of 4 ppt—nearly four
times the reporting limit of 1.2 ppt.202 The same pattern held true for furans; sampling site PRO2
had the highest recorded particulate concentrations for nine out of ten furan congeners,
exceeding the reporting limit in each case.203 Total particulate values for tetra, penta, hexa, and
hepta dioxins and furans were also highest at PRO2.204
In its discussion, EPA concluded that "the majority of the contaminants of interest appear
to be bound in solids greater than one micron, as particulate concentrations of dioxins and furans
were higher than dissolved concentrations, except for" one furan congener at the station
upstream of the mill ("PRO1") and at the lower end of Waterville Lake ("PRO4").205 EPA also
noted that "[p]articulate concentrations for all analytes peaked at PRO2, decreasing downstream
with concentrations at PRO4 returning to levels comparable to those at PRO1 as particulates most
likely settled out of the water column."206
As these results make clear, the fact that dissolved levels of 2,3,7,8-TCDD were not
detected above the reporting limit at any station is only a fraction of the story. Particulate dioxins
and furans were much more prevalent in general, and found in much higher concentrations below
the mill. In fact, particulate concentrations below the mill exceeded reporting requirements in
200 EPA Dioxin Report, supra note 197, at 5-12.
201 Id.
at 13-14.
2°2 Id. at 14 (results from the study were converted from pg/L, or parts per quadrillion, to parts per trillion).
203 Id.
204 Id.
at 18.
at 24.
205 Id. at 36.
206 Id.
29

almost every instance. And it is these particulate -bound dioxins that are largely responsible for
fish dioxin in the first place.207
Because dioxins and furans—especially particulate -bound congeners —are still very
much present in the Pigeon River watershed, DEQ would be remiss in reducing the frequency of
fish -tissue sampling to only once a permit term. If this schedule is adopted and implemented, by
the end of the permit term in 2026 Blue Ridge Paper will have conducted fish -tissue dioxin
sampling only once in twelve years, in an area where dioxin is known to be present. This level of
testing is insufficient to ensure the protection of public health and must be revised to require at
least the same amount of testing —every other year, for a total of three times per five-year permit
period —as the 2010 permit before it was administratively extended.
E. DEQ must develop and impose technology -based effluent limitations for
numerous pollutants.
DEQ may only issue an NPDES permit if it assures compliance with all technology -
based and water -quality -based effluent limits. 33 U.S.C. § 1342(a)(1)(A); 40 C.F.R. § 122.43(a).
Technology -based limits set the minimum level of control required in every NPDES permit. 40
C.F.R. § 125.3(a). A permittee must implement technology -based standards, even if doing so
goes beyond the level necessary to meet water quality standards.208 However, if technology -
based standards are insufficient to meet water quality standards, then dischargers must do
whatever more is necessary to satisfy the water quality standards, including imposing water -
quality -based effluent limitations.209
As a starting point, the required technology -based limits are derived from one of two
sources: (1) national effluent limitation guidelines ("ELGs") issued by EPA for various
industries, 33 U.S.C. § 1314(b); or (2) case -by -case determinations using the "best professional
judgment" ("BPJ") of permit writers when EPA has not issued an ELG specific to industry
discharges, see 33 U.S.C. § 1342(a)(1)(B); 40 C.F.R. § 125.3(c)(2). When EPA has promulgated
ELGs but they only apply to certain pollutants or activities, other pollutants or activities "are
subject to regulation on a case -by -case basis" using BPJ as well. 40 C.F.R. § 125.3(c)(3). North
Carolina rules also require technology -based limits, and in the absence of a promulgated ELG,
direct agency staff to calculate a limit using EPA development documents and other available
information. See 15A N.C. Admin. Code 02B .0406(b)(3).
Here, EPA has developed ELGs for the Pulp, Paper, and Paperboard Point Source
Category. 40 C.F.R. § 430. This category describes ELGs for select pollutants, including
adsorbable organic halides, chloroform, dioxin, chlorinated phenolics, trichlorophenol,
pentachlorophenol, and total suspended solids. Id. §§ 430.22-24. However, the Pulp and Paper
category, originally promulgated in 1974, does not address numerous other pollutants discharged
207 Environmental Contaminants in Biota: Interpreting Tissue Concentrations at 109 (W. Nelson Beyer & James P.
Meador, eds., 2d ed. 2011) (Attachment C).
208 U.S. Envtl. Protection Agency, NPDES Permit Writers' Manual at § 5.1 (2010) [hereinafter "Permit Writers'
Manual"], https://www.epa.gov/sites/production/files/2015-09/documents/pwm 2010.pdf.
209 Id.
30

by the Canton mill in 2021. In addition to pulp- and paper -related operations, for example, the
mill continues to rely on coal -burning for some of its power generation and is responsible for
processing Canton's domestic wastewater. The mill also likely has used forever chemicals in its
processes, based on the presence of those chemicals in seeps from the mill's old waste dumps.
In the Draft Permit, DEQ mistakenly limits its analysis of technology -based limits to only
those pollutants subject to the outdated ELG. For those pollutants not specified in the ELG, DEQ
skips straight to assessing the need for water -quality -based effluent limits. But both state and
federal law require DEQ to develop technology -based limits using its BPJ before evaluating the
need for water -quality -based effluent limits. See, e.g., 33 U.S.C. 1311(b) (requiring the
application of "any more stringent limitation" including water -quality -based limits if technology -
based limits are insufficient to protect water quality standards).
For example, DEQ lists many pollutants not covered by the ELG, including arsenic,
cadmium, chromium, copper, cyanide, fluoride, lead, mercury, molybdenum, nickel, selenium,
silver, and zinc. Instead of evaluating best available technology controls for these pollutants,
DEQ only asks whether these pollutants have the reasonable potential to violate water quality
standards.210 Ultimately, DEQ declines to impose numeric limits on most of these pollutants
after finding that they are unlikely "to cause a violation of the North Carolina stream
standard."211 But even if this is true, it does not give DEQ permission to forgo the development
of technology -based limits. Technology -based effluent limits set "the minimum level of control
that must be imposed" in an NPDES permit, even if they result in pollution levels that are stricter
than those required by state water quality standards. 40 C.F.R. § 125.3(a) (emphasis added).
Conducting a reasonable potential analysis before imposing technology -based limits flips the
Clean Water Act's permitting regime on its head.
DEQ must, at a minimum, go through the proper steps to develop technology -based
effluent limits for the mill's polluted discharges, including those pollutants DEQ subjected to a
reasonable potential analysis for compliance with water quality standards. As discussed below
under Part II.H, DEQ should extend this analysis to any forever chemicals present in the mill's
discharges or treatment systems.
F. The Draft Permit lacks sufficiently strict conditions to protect the Pigeon River
from colored and other wastes.
As Class C waters, the Pigeon River below the mill must be "suitable" for "aquatic life
propagation, survival, and maintenance of biological integrity (including fishing and fish);
wildlife; secondary contact recreation ... [and] agriculture." 15A N.C. Admin. Code 2B
.0211(1)—(2). To protect those uses, the EMC has set water quality criteria for multiple
pollutants, including "colored or other wastes." Id. § 2B .0211(12). This narrative water quality
standard allows such wastes in "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
210 Draft Fact Sheet at 6.
zit Id.
31

palatability of fish, aesthetic quality, or impair the waters for any designated uses." Id. (emphasis
added).
The Clean Water Act requires NPDES permits to include "any more stringent limitation"
necessary to meet "water quality standards." 33 U.S.C. § 1311(b)(1)(C). If application of
minimum technology -based effluent limits leaves a "reasonable potential" that water quality
standards will be violated, then an NPDES permit must impose additional water -quality -based
effluent limits to ensure water quality standards are not violated. 40 CFR § 122.44(d)(1)(i); see
also 15A N.C. Admin. Code 2H .0112(c) (requiring NPDES permits to "ensure compliance with
applicable water quality standards").
DEQ's Draft Permit proposes the following limits on Blue Ridge Paper's discharge of
colored waste: an annual average color limit of 36,000 lbs/day, a monthly average color limit of
52,000 lbs/day, and a daily maximum color limit of 105,250 lbs/day.212 These are the same limits
implemented by the 2010 permit.213 The primary difference is that in 2010, DEQ found those
limits would not ensure compliance with North Carolina's narrative water quality standards, and
therefore found those discharge levels required a variance. In 2020, DEQ reaches the opposite
conclusion and suggests removing the variance requirement and making no further progress on
color reductions. DEQ's approach is problematic because it omits consideration of current color -
reduction technologies and focuses too narrowly on only one component of the narrative water
quality standard.
1. The agency fails to evaluate available technologies for further reductions on
colored discharges.
As described above, technology -based effluent limitations set the minimum level of
control required in every NPDES permit. 40 C.F.R. § 125.3(a). For non -conventional pollutants
like "colored or other wastes," these limits must be based on "application of the best available
technology economically achievable." 33 U.S.C. § 1311(b)(2)(F).
Here, DEQ does not attempt to determine what color -reduction technologies are currently
available. Instead, it copies and pastes its work from more than a decade ago, noting that its
proposed color limits "were established in accordance with the Technology Review
Workgroup['s ("TRW's") 2008] recommendations for the 2010 permit renewal."214 However,
these recommendations were intended to apply to the 2010 permit, not a subsequent permit
212 Draft Permit at 4-5.
213 Compare N.C. Dep't of Env't & Nat. Res., NPDES Permit No. NC0000272 Blue Ridge Paper Produces Inc. at 6
(May 25, 2010) [hereinafter "2010 Permit"], with Draft Permit at 4-5. The 2010 permit set an initial annual average
limit of 38,020 lbs/day, but further required that four years after the permit became effective "the average annual
discharge of true color for each calendar year shall not exceed 32,000-36,000 pounds per day." 2010 Permit at 6.
214 Draft Fact Sheet at 6 (emphasis added). The TRW was originally created in 1997. Following a settlement
agreement, representatives of EPA, Tennessee, and North Carolina convened to form the TRW to analyze available
color -reduction technologies that could be used at the Canton mill. The group reconvened in 2007 to assess available
technologies for the forthcoming 2010 permit.
32

twelve years in the future.215 Moreover, the color limits proposed by the TRW in 2008 were
based on technology and costs in 2008—not 2020. Because these recommendations are twelve
years past their expiration date, DEQ may not rely on them to craft its current permit limits
without adequate explanation as to how they reflect current technology.216
Although DEQ's reasons for freezing the permit limits are flawed, so is the outcome. The
Clean Water Act and North Carolina state law require increasingly stringent permit limits over
time. See, e.g., 33 U.S.C. § 1251 (stating a motivating purpose of the Clean Water Act is the
"eliminat[ion]" of discharges of pollutants to jurisdictional waters). But the Draft Permit stalls
out progress on reductions in daily, monthly average, and annual average color permit limits
across the board. DEQ must assess the potential to achieve stricter color limits, as the TRW —
and the Clean Water Act —intended.
2. DEQ advances a flawed, overly narrow interpretation of North Carolina's
narrative aesthetic water quality standard.
EPA and DEQ have previously interpreted North Carolina's narrative standard for
"colored and other wastes" and its reference to "aesthetic quality" to include meeting an in -
stream limit of 50 platinum -cobalt units ("PCUs") of true color per liter of water, although that
interpretation has not been advanced in any formal rulemaking.217 In the Draft Permit, DEQ now
proposes (1) removing Blue Ridge Paper's color variance based on the 50 PCU in -stream limit;
and (2) altering its interpretation of the color standard to prohibit monthly average true -color
levels in Blue Ridge Paper's discharge from exceeding the background (upstream) true -color
level by more than 50 PCU when the Pigeon River flow at Canton is greater than or equal to the
monthly 30Q2218 of 129 cubic feet per second.219
This new interpretation of North Carolina's narrative water quality standard is
fundamentally flawed in two ways. First, DEQ's narrow focus on a numeric true -color standard
fails to protect all aspects of "aesthetic quality," as required by state law. Though DEQ
repeatedly describes 15A N.C. Admin. Code 2B .0211(12) as just a "color standard," the text of
the regulation applies much more broadly to "colored or other wastes" that may not injure the
"aesthetic quality" of the receiving waterbody.22° Although "aesthetic quality" certainly
215 See Memorandum from U.S. EPA Technology Review Workgroup to N.C. Div. of Water Quality at 6 (Feb. 25,
2008) (recommending that by the end of the 2010 permit term, "the permit should require an effluent target range of
32,000 — 37,000 lbs/day as an annual average").
216 If necessary, DEQ could reconvene the TRW to assess whether technologies available in 2021 are superior to
those assessed in 2008 for purposes of developing current technology -based limits.
217 Draft Fact Sheet at 10-11.
218 Defined as the "minimum average flow for a period of 30 consecutive days that has an average recurrence of
once in two years." 15A N.C. Admin. Code 2B .0206(a)(5).
219 Draft Fact Sheet at 10-12; Draft Permit at 5.
220 DEQ's position seems to be that so long as Blue Ridge Paper's colored waste —and colored waste only —is not
injuring aesthetic quality, the narrative standards are being satisfied. This misses the point of the narrative standard,
which is to broadly protect "aesthetic quality" from "colored and other wastes," not just color. An example helps to
illustrate this distinction. Assume Blue Ridge Paper's effluent lacked any color at all, but gave off a rank odor,
created objectionable foam, and produced undesirable or nuisance aquatic life, such as swarms of stinging midges.
33

encompasses color, it also covers much more, including, but not limited to: presence of
undesirable or nuisance aquatic life, odor, foam, and other floating debris affecting an
individual's perception of the river or the palatability of fish.221 DEQ's attempt to boil "aesthetic
quality" down to a numeric shift in platinum -cobalt units necessarily fails to address these other
aesthetic properties.
Second, DEQ also fails to articulate why a monthly average A50 PCU standard is a
justifiable interpretation of North Carolina's narrative standard. A monthly average standard
could allow the mill to exceed the current 50 PCU in -stream standard for days at a time.
Therefore, the new interpretation substantially weakens North Carolina's narrative water quality
standards. Nor does it make sense. The color standard is meant to protect the aesthetic qualities
of the river but people do not experience aesthetic qualities as a "monthly average" —they
experience them in real time on a day-to-day basis.
DEQ provides scant support for this significant change. Instead of relying on the text of
the administrative code or its permitting experience to support this new interpretation, DEQ
largely relies on color studies and standards from other states. Specifically, DEQ points to
findings from a color study that established a A50 PCU limit on the Hiwassee River in Tennessee
and a color standard of A40 PCU in Maine. These comparisons are inappropriate.
The Tennessee PCU standard that DEQ cites was based on a 31-year-old study of a
specific watershed in which the study authors warned that "[i]t must be strongly emphasized that
the results of this study are extremely site -specific and should not be used to evaluate color limits
for other river systems."222 What's more, the current color limit on the Hiwassee is now a daily
limit of A40 PCU, as opposed to the monthly average limit of A50 PCU proposed by DEQ
here.223 This distinction is hugely important, as a monthly average standard permits Blue Ridge
Paper to far exceed the acceptable color differential noted in the Tennessee study —or currently
acceptable on the Hiwassee—for multiple days per month, so long as the monthly average color
differential does not exceed 50 PCU.
DEQ could not argue that this "other" waste product, colored or not, did not injure the aesthetic quality of the
Pigeon River in contravention of the State's narrative standards for Class C waters.
221 See U.S. Envtl. Protection Agency, Quality Criteria for Water at 17 (1986) (current recommended standard for
aesthetic quality), https://www.epa.gov/sites/production/files/2018-10/documents/quality-criteria-water-1986.pdf.
The Draft Permit does state that "[t]here shall be no discharge of floating solids or visible foam in other than trace
amounts." Draft Permit at 5. This ambiguous requirement does not address all aspects of aesthetic quality and does
not create an enforceable permit standard for those aesthetic properties it does name.
222 A.M. Prestrude & E.L. Laws, Hiwassee River Study at 3 (Apr. 12, 1989) (emphasis added) (Attachment C). The
Tennessee study also relied on contemporaneous assessments of apparent color differential between sites to suggest
a range of acceptable color addition, rather than monthly average measurements of true color like DEQ. Apparent
color measurements assess water color without turbidity removal, while true color is defined as the color measured
in the absence of turbidity.
223 Tenn. Dep't of Env't & Conservation, Div. of Water Res., NPDES Permit No. TN0002356 for Resolute FP US
Inc. at 5 (June 27, 2018) (Attachment C) (noting the true color downstream of the discharge "must not be increased
no more than a daily maximum of 40 standard platinum -cobalt color units, as compared to an upstream control
point.").
34

The Maine color standard cited by DEQ is also inapposite for two reasons. First, it
requires individual waste dischargers not to increase the color of any water body by more than 20
PCU, not 40 PCU as implied by the Draft Fact Sheet.224 The A40 PCU standard applies to color
pollution "caused by all waste discharges to the water body," not just discharges from one
polluter like Blue Ridge Paper. Me. Stat. tit. 38 § 414-C(3) (emphasis added). Second, Maine's
A40 PCU standard is not a monthly average limit. See id. ("The total increase in color pollution
units caused by all waste discharges to the water body must be less than 40 color pollution
units."). Thus, like the Hiwassee, increases in color that might violate Maine's PCU standard
may be acceptable in the Pigeon for multiple days per month, so long as the monthly average
color differential does not exceed 50 PCU.
In sum, DEQ must evaluate compliance with the narrative aesthetic -quality standard by
assessing aesthetics beyond true -color shifts, consistent with the language and intent of the
standard. In addition, DEQ cannot rely on inapposite out-of-state standards to support its
monthly average limit. If DEQ insists on citing these out-of-state references, then it too must
craft a daily or instantaneous color -differential limit —not a monthly average limit.
G. DEQ must justify the use of a mixing zone, specify to which pollutants it applies,
and develop spatial limits.
A mixing zone is a "limited area or volume of water where initial dilution of a discharge
takes place and within which the water quality standards allow certain water quality criteria to be
exceeded."225 Mixing zones must be carefully limited in at least three different ways. First,
according to EPA, mixing zones generally must be tailored to specific "pollutant[s] of
concern."226 Second, mixing zones must be "appropriately limited in size."227 This requirement
helps guard against "disproportionately large" zones that "could potentially adversely impact the
productivity of the waterbody, and have unanticipated ecological consequences."228 Third,
mixing zones should be "located appropriately within the waterbody to provide a continuous
zone of passage that protects migrating, free-swimming, and drifting organisms."229
Because mixing zones must provide a continuous zone of passage around the mixing
area, they are not appropriate when an effluent —such as temperature —is "known to attract
biota."230 "Although most toxic pollutants elicit a neutral or avoidance response ... temperature
224 Compare Me. Stat. tit. 38 § 414-C(3), with Draft Fact Sheet at 12 (suggesting the permit's 450 PCU standard is
supported by Maine's "color limit of 40 PCU above the background").
225 Permit Writers' Manual, supra note 208, at § 6.2.5.2.
226 See id. at § 6.2.5.2 (requiring permit writes to "determine the maximum mixing zone size for the waterbody type,
pollutant of concern, and specific criterion being considered").
227 U.S. Envtl. Protection Agency, Technical Support Document for Water Quality -based Toxics Control at 2.2.2
(1991) [hereinafter "EPA Technical Support Document"], https://www3.epa.gov/npdes/pubs/owm0264.pdf.
228 Id. at § 2.2.2.
229 U.S. Envtl. Protection Agency, Water Quality Standards Handbook ch. 5 at 7 (2014), https://www.epa.gov/sites/
production/files/2014-09/documents/handbook-chapter5.pdf.
23° EPA Technical Support Document, supra note 227, at 10.
35

can be an attractive force and may counter an avoidance response to a particular pollutant."231 As
a result, "organisms would tend to stay in the mixing zone rather than passing through or around
it," meaning that even if a continuous zone of passage is designated, it "will not protect aquatic
life."232
The Draft Permit does not address these limitations and concerns for its new mixing
zone. It simply defines the mixing zone as the entire 0.4-mile stretch of river "between the
diffuser and the Fiberville Bridge."233 It does not specify which pollutants it applies to, nor does
it craft an appropriately sized mixing zone that leaves a designated zone of passage for aquatic
organisms.234 It also does not address the problems EPA identified with mixing zones containing
thermal effluent. The Draft Permit must be revised to correct these deficiencies.
The Draft Permit also must justify why a mixing zone is needed in the first place.
Presumably, DEQ crafted the mixing zone for the mill's thermal effluent. But Blue Ridge Paper
already applied for and is slated to receive a thermal variance which allows it to exceed North
Carolina's water temperature standards. Mixing zones are designed to allow permittees to exceed
the same standards in spatially delineated and localized ways that avoid acute impacts —not to
allow permittees to exceed the already relaxed standards found in a Section 316(a) variance. In
essence, DEQ's Draft Permit would allow Blue Ridge Paper to exceed water quality standards
(with the variance) and then exceed that exceedance (with a mixing zone designation). DEQ
must explain why this stacked authority to doubly exceed North Carolina's temperature standard
is justified.
H. DEQ must consider and evaluate any discharges of PFAS by the paper mill.
Per- and polyfluoroalkyl substances, or PFAS, are a group of man-made chemicals that
have been used in a range of manufacturing industries since the 1940s,235 particularly for their
ability to repel water and 01236 The same properties that make them useful in manufacturing
applications render them persistent and mobile in the environment and the human body, and their
long-lasting effects have earned PFAS a reputation as "forever chemicals." Once discharged,
PFAS persist in rivers, streams, and sediment, migrate into groundwater and can enter drinking
water supplies. PFAS are now understood to present a danger to human and aquatic health.
231 Id.
232 Id.
233 Draft Permit at 21.
234 Although the BIP study opined that "zone of initial mixing for the Mill's thermal discharge provides a zone of
passage along the eastern side of the river for movement of fish and invertebrates," BIP at 60, this biological opinion
is not the same as an enforceable, spatially delineated permit condition.
235 U.S. Envtl. Protection Agency, Basic Information on PFAS [hereinafter "Basic PFAS Info"] (Attachment C).
236 Interstate Tech. Regulatory Council, Per- and Polyfluoroalkyl Substances (PFAS), Technical/Regulatory
Guidance at Sec. 2.5 (Sept. 2020) [hereinafter "ITRC Guidance"], https://pfas-1.itrcweb.org/wp-content/uploads/
2020/10/itrc_pfas_techreg_sept_2020_508-1.pdf ("[U]nique physical and chemical properties of PFAS impart oil,
water, stain, and soil repellency ... to a range of products.").
36

In recent years, DEQ has gained experience dealing with the prevalence and persistence
of PFAS, including through an enforcement action against the Chemours chemical plant on the
Bladen-Cumberland county line for discharging GenX237 chemicals into the Cape Fear River
system.238 There, DEQ recognized the need to regulate the discharge of PFAS, which it
confirmed meet the definition of toxic substances under state law.239
The paper and packaging industry is a known consumer of PFAS, which are used to
improve the water-resistant properties of paper products. Neither the paper mill's 2010 permit
nor the Draft Permit renewal reflect any consideration of whether the paper mill uses and
discharges PFAS into the Pigeon. Blue Ridge Paper's application for a permit renewal, which is
itself more than seven years old, is silent on the potential discharge of PFAS.240 DEQ must
require the disclosure of any PFAS compounds historically or presently used and potentially
discharged by the mill and develop appropriate limits to control the discharges. The best strategy
for chemicals that are both toxic and persistent is to require technologies that ensure they not
discharged into waterways like the Pigeon in the first place.
1. Pulp and paper mills are a type of industry that uses and discharges PFAS.
The pulp and paper industry is a known consumer of PFAS.241 PFAS are incorporated
into paper production in multiple ways. They can be added to the pulp to improve the internal
water-resistant properties of paper products,242 or added externally as a surface coating for
packaging products.243 In addition to incorporation into manufactured products, fluoropolymers
are used on equipment and production processes for their non -corrosive properties, from pulp
mills and recovery operations to the paper machines themselves.244 EPA recognized in its PFAS
237 GenX refers to a technology used to make high-performance fluoropolymers without the use of perfluorooctanoic
acid ("PFOA"). E.g., Basic PFAS Info, supra note 235.
238 N.C. Dep't of Envtl. Quality, GenX Investigation, https://deq.nc.gov/news/key-issues/genx-investigation (last
visited Apr. 12, 2021).
239 Amended Complaint, N.C. Dep't of Envtl. Quality v. Chemours, 17 CVS 580, 6-7 (N.C. Super. Ct. 2018)
[hereinafter "N.C. DEQ Amended Complaint"].
24° See Permit Application, supra note 15.
241 See Basic PFAS Info, supra note 235 (listing paper and packaging as known applications); ITRC Guidance,
supra note 236, at Table 2-4 (listing documented uses in paper and packaging sectors); Nate Seltenrich, PFAS in
Food Packaging: A Hot, Greasy Exposure, 128 Envtl. Health Perspectives 054002-1 (2020) (Attachment C); see
also Org. for Econ. Cooperation and Dev., Synthesis Paper on Per -and Polyfluorinated Chemicals (PFCs) (2013)
(Attachment C) (listing paper and packaging among major uses of PFAS).
242 See Xenia Trier et al., PFAS in Paper and Board for Food Contact: Options for Risk Management of Poly -and
Perfluorinated Substances, (Nordic Council of Ministers 2018) (Attachment C); Gregory Glenn et al., Per -and
Polyfluoroalkyl Substances and their Alternatives in Paper Food Packaging, Comprehensive Reviews in Food Sci.
and Food Safety (2021) (Attachment C) ("PFAS chemicals tend to coat the surfaces of fibers, including fibers
located internally when internal sizing containing PFAS is used such as with molded pulp paper packaging.").
243 See supra note 242; Andrew B. Lindstrom, Mark J. Strynar, and E. Laurence Libelo, Polyfluorinated
Compounds: Past, Present, and Future, 45 Envtl. Sci. & Tech. 7954 (2011) (Attachment C).
24a See Leon Magdzinski, Fluoropolymer Use in the Pulp and Paper Industry, CORROSION 99 (1999) (noting
"fluoropolymer have become ubiquitous in the pulp and paper industry"); Rainer Lohmann et al., Are
Fluoropolymers Really of Low Concern for Human and Environmental Health and Separate from Other PFAS?, 54
Envtl. Sci. & Tech. 12,820 (2020) (Attachment C).
37

Action Plan that "pulp and paper" was among the point -source dischargers "likely to be
discharging PFAS in their wastewater" and prioritized the industry for detailed study.245 Because
of the multiple applications of PFAS in the pulp and paper industry, DEQ should screen any
paper manufacturers with effluent discharges for potential discharges of PFAS.246 Canton's pulp
and paper mill is no exception.
Multiple PFAS-contamination events across the country are under investigation for their
links to paper mills. In Michigan, efforts are ongoing in addressing PFAS contamination near a
paper mill in the town of Parchment along the Kalamazoo River. Sampling by the state found high
levels of PFAS in the town's water supply and in nearby residential wells. The paper mill site,
idled since 2000, included a wastewater treatment system and industrial landfills where the mill
disposed of sludge from its treatment plant.247
In Maine, state regulators are investigating PFAS contamination that has spread into
residential wells around Fairfield.248 A recently filed lawsuit implicates sludge disposal from the
Somerset paper mill in Skowhegan as the source of PFAS.249 The state's investigation began in
2016, when a local dairy farmer learned his cows were producing PFAS-tainted milk after they
were pastured on lands where sludge from a paper mill and a municipality were spread as
fertilizer.25°
In Norway, scientific researchers determined a factory that manufactured PFAS-coated
disposable paper products was responsible for contaminating an entire sediment bed throughout
Lake Tyrifjorden. Using source tracking methods, particularly fingerprinting contamination from
the factory's old landfill sites, the study identified the paper production facility "as a major PFAS
245 U.S. Envtl. Protection Agency, EPA's Per- and Polyfluoroalkyl Substances (PFAS) Action Plan (2019), https://
www. epa. gov/sites/production/files/2019-02/documents/pfas_action_plan_021319_508compliant_ l .pdf.
246 See, e.g., Mich. Dep't of Envtl. Quality, Recommended PFAS Screening & Evaluation Procedure for Industrial
Pretreatment Programs (IPPs) (2018) (Attachment C) (identifying paper and packaging manufacturers as possible
sources); National Chemicals Working Group of the Heads of EPAs Australia and New Zealand, PFAS National
Environmental Management Plan Version 2.0 (2020) (Attachment C) (noting pulp and paper mills use PFAS as
internal and external sizing agents and are associated with point sources of contamination).
247 Mich. Dep't of Env't, Great Lakes, and Energy, Michigan PFAS Action Response Team: Kalamazoo County,
Parchment, Crown Vantage Property, https://www.michigan.gov/pfasresponse/0,9038,7-365-86511_82704-479889-
-,00 html (last updated Apr. 20, 2020).
248 Me. Dep't of Envtl. Protection, Fairfield PFAS Investigation, https://www maine.gov/dep/spills/topics/pfas/
fairfield/index.html (last visited Apr. 12, 2021).
249 Christopher Burns, Maine Paper Mill Hit with Class -Action Lawsuit over Forever Chemical' Contamination,
Bangor Daily News (Mar. 8, 2021), https://bangordailynews.com/2021/03/08/news/central-maine/maine-paper-mill-
hit-with-class-action-lawsuit-over-forever-chemical-contamination/; John Gardella, PFAS Paper Mill Lawsuit In
Maine Exposes Corporate Susceptibility, National Law Review (March 25, 2021), https://www.natlawreview.com/
article/pfas-paper-mill-lawsuit-maine-exposes-corporate-susceptibility.
250 Richard Valdmanis & Joshua Schneyer, The Curious Case of Tainted Milk from a Maine Dairy Farm, Reuters
(Mar. 19, 2019), https://www reuters.com/article/us-usa-dairy-chemicals-idUSKCN1R01AJ.
38

hot spot source."251 The contamination persisted in sediment and biota, including fish species
like perch, even though surface water samples were near or below detection limits 252
As for the Pigeon, in a forthcoming study, researchers surveying for PFAS across
Western North Carolina tested the river below the mill's outfall for several different types of
PFAS. They also took surface water samples near some of the mill's old landfills, where
wastewater treatment sludge was disposed of historically. That sampling effort detected PFAS in
samples near the sludge landfills and just downstream of the mill's wastewater treatment outfall.
Given the known use of PFAS by the paper and packaging industry and early indications from
these results, DEQ must require a full investigation of the historical and present use of PFAS at
the Canton paper mill —including an evaluation of potential discharges to surface water —in this
NPDES permit renewal.
2. PFAS are harmful to human health and the environment.
PFAS are a threat to human health and the environment. Taking two of the commonly
studied PFAS as an example, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonate
("PFOS") have been found to alter the development of fetuses and infants and cause kidney and
testicular cancer, liver malfunction, hypothyroidism, high cholesterol, ulcerative colitis, lower
birth weight and size, obesity, decreased immune response to vaccines, reduced hormone levels
and delayed puberty.253
In response to these health concerns, EPA has established a lifetime health advisory of
70 parts per trillion ("ppt") for the combined concentrations of PFOA and PFOS in drinking
water.254 In June 2018, the Agency for Toxic Substances and Disease Registry released an
updated Draft Toxicological Profile for PFOA, PFOS, and other PFAS. The report suggested
that many of the chemicals are more harmful than previously thought. For instance, the
minimum risk levels, or the amount of a chemical a person can eat, drink, or breathe each day
without a detectable risk to health, was determined to be only 11 ppt for PFOA, and 7 ppt for
PFOS.255 Epidemiological studies show that many of these same health outcomes result from
251 Hakon A. Langberg et al., Paper Product Production Identified as the Main Source of Per- and Polyfluoroalkyl
Substances (PFAS) in a Norwegian Lake: Source and Historic Emission Tracking, 273 Envtl. Pollution 116259
(2021) (Attachment C).
252 See id.
253 Arlene Blum et al., The Madrid Statement on Poly- and Perfluoroalkyl Substances (PFASs), 123 Envtl. Health
Perspectives A107 (2015) (Attachment C); U.S. Envtl. Protection Agency, Fact Sheet: PFOA & PFOS Drinking
Water Health Advisories at 2 (2016), https://www.epa.gov/sites/production/files/2016-06/documents/drinkingwater
healthadvisories pfoa pfos_updated_5.31.16.pdf.
254 U.S. Envtl. Protection Agency, Drinking Water Health Advisories for PFOA and PFOS, https://www.epa.gov/
ground-water-and-drinking-water/drinking-water-health-advisories-pfoa-and-pfos (last updated Feb. 18, 2021).
255 Cape Fear Public Utility Authority (CFPUA), CFPUA Statement on Recently Released DHHS Report (June 21,
2018), https://www.cfpua.org/CivicAlerts.aspx?AID=893&ARC=2004; see also ATSDR, Toxicological Profile for
Perfluoroalkyls, Draft for Public Comment (June 2018) [hereinafter "Draft 2018 Toxicological Profile for
Perfluoroalkyls"] (Attachment C).
39

exposure to other PFAS.256 Given these harms, several states have acknowledged the dangers
of these compounds and have approved drinking water standards for various PFAS at 20 ppt
and lower.257
PFAS are also harmful to the environment. They resist breaking down in the
environment, can travel long distances, and bio-accumulate in organisms.258 PFAS have been
shown to harm fish,259 amphibians,26° mollusks,261 and other aquatic invertebrates262-
256 Draft 2018 Toxicological Profile for Perfluoroalkyls, supra note 255, at 5-6, 25-26.
257 Press Release, Mich. Dep't of Env't, Great Lakes, and Energy, Michigan Adopts Strict PFAS in Drinking Water
Standards (July 22, 2020), https://www.michigan.gov/som/0,4669,7-192-47796-534660--,00.html#::text=The%20
Michigan%20Department%20of%20Environment,PFAS%20contamination%20in%20drinking%20water; N.Y.
Dep't of Health, NYS Drinking Water Standards for PFOA, PFOS and 1,4-Dioxane (Sept. 2020), https://www.
health.ny.gov/environmental/water/drinking/docs/water_supplier_fact_sheet_new_mcls.pdf; Annie Ropeik, N.H.
Approves Unprecedented Limits for PFAS Chemicals in Drinking Water, NHPR (July 18, 2019), https://www nhpr.
org/post/nh-approves-unprecedented-limits-pfas-chemicals-drinking-water#stream/0; Vt. Dep't of Envtl.
Conservation, PFAS & Drinking Water Information Page, https://dec.vermont.gov/water/drinking-water/pfas (last
visited Apr. 14, 2021); Press Release, Vt. Agency of Nat. Res., Agency of Natural Resources Initiates Rulemaking
Process to Adopt Maximum Contaminant Level for PFAS Compounds, https://anr.vermont.gov/content/agency-
natural-resources-initiates-rulemaking-process-adopt-maximum-contaminant-level-pfas (last visited Feb. 24, 2020);
N.J. Dep't of Envtl. Protection, Affirming National Leadership Role, New Jersey Publishes Formal Stringent
Drinking Water Standards for PFOA and PFOS (June 1, 2020), https://www.nj.gov/dep/newsrel/2020/20_0025 htm;
Interstate Tech. Regulatory Council, PFAS Fact Sheets (2020), https://pfas-1.itrcweb.org/wp-content/uploads/2020/
10/regs508_Aug-2020-Final.pdf
258 Draft 2018 Toxicological Profile for Perfluoroalkyls at 2, 534; see also U.S. Envtl. Protection Agency, Technical
Fact Sheet - Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) at 1, 3 (2017) (Attachment C).
259 Lianguo Chen et al., Multigenerational Disruption of the Thyroid Endocrine System in Marine Medaka after a
Life -Cycle Exposure to Perfluorobutanesulfonate, 52 Envtl. Sci. & Tech. 4432 (2018) (Attachment C); Lianguo
Chen et al., Perfluorobutanesulfonate Exposure Causes Durable and Transgenerational Dysbiosis of Gut
Microbiota in Marine Medaka, 5 Envtl. Sci. & Tech. Letters 731 (2018) (Attachment C); Lianguo Chen et al.,
Accumulation of Perfluorobutane Sulfonate (PFBS) and Impairment of Visual Function in the Eyes of Marine
Medaka After a Life -cycle Exposure, 201 Aquatic Toxicology 1 (2018) (Attachment C); John Charles Rotondo et al.,
Environmental Doses of Perfluorooctanoic Acid Change the Expression of Genes in Target Tissues of Common
carp, 37 Envtl. Toxicology & Chem. 942 (2018) (Attachment C); Carrie E. Jantzen et al., PFOS, PFNA, and PFOA
Sub -lethal Exposure to Embryonic Zebrafish have Different Toxicity Profiles in Terms of Morphometrics, Behavior
and Gene Expression, 175 Aquatic Toxicology 160 (2016) (Attachment C); A. Hagenaars et al., Structure Activity
Relationship Assessment of Four Perfluorinated Chemicals Using a Prolonged Zebrafish Early Life Stage Test, 82
Chemosphere 764 (2011) (Attachment C); Yang Liu et al., The Thyroid -disrupting Effects of Long-term
Perfluorononanoate Exposure on Zebrafish (Danio rerio), 20 Ecotoxicology 47 (2011) (Attachment C); Haihua
Huang et al., Toxicity, Uptake Kinetics and Behavior Assessment in Zebrafish Embryos Following Exposure to
Perfluorooctanesulphonic Acid (PFOS), 98 Aquatic Toxicology 139 (2010) (Attachment C); Yongbing Du et al.,
Chronic Effects of Water -Borne PFOS Exposure on Growth, Survival and Hepatotoxicity in Zebrafish: A Partial
Life -cycle Test, 74 Chemosphere 723 (2009) (Attachment C).
26o Lianguo Chen et al., Multigenerational Disruption, supra note 259; Lianguo Chen et al.,
Perfluorobutanesulfonate Exposure, supra note 259; Lianguo Chen et al., Accumulation of Perfluorobutane
Sulfonate, supra note 259.
261 Changhui Liu & Karina Yew-Hoong Gin, Immunotoxicity in Green Mussels Under Perfluoroalkyl Substance
(PFAS) Exposure: Reversible Response and Response Model Development, 37 Envtl. Toxicology & Chem. 1138
(2018); Changhui Liu et al., Oxidative Toxicity of Perfluorinated Chemicals in Green Mussel and Bioaccumulation
Factor Dependent Quantitative Structure -Activity Relationship, 33 Envtl. Toxicology & Chem. 2323 (2014).
262 Ruoyo Liang et al., Effects of Perfluorooctane Sulfonate on Immobilization, Heartbeat, Reproductive and
Biochemical Performance of Daphnia magna, 168 Chemosphere 1613 (2017) (Attachment C); Magali Houde et al,
40

resulting in developmental and reproductive impacts, behavioral changes, adverse effects to
livers, disruption to endocrine systems, and weakened immune systems.263 Despite the
growing scientific understanding of the dangers of PFAS to human and environmental health,
DEQ does not consider whether the Canton mill is discharging PFAS to the Pigeon River.
3. DEQ must require the mill to disclose any PFAS being discharged to the
Pigeon.
The Clean Water Act prohibits the discharge of pollutants from a point source, like the
mill's wastewater treatment system, to waters of the United States —including the Pigeon
River —except in compliance with a NPDES permit issued under Section 402 of the Clean Water
Act, among other conditions. See 33 U.S.C. §§ 1311(a), 1342. In order to receive coverage under
a NPDES permit, however, a discharger must disclose the pollutants being discharged to
permitting authorities.264 Federal regulations governing NPDES permits require applications to
include significant detail regarding the nature and characteristics of expected discharges. See 40
C.F.R. § 122.21(g). A general disclosure of wastes, operations, and processes is not sufficient to
gain access to any permit shield.265 Nothing excepts PFAS from this requirement, and these
requirements apply to state -issued permits under approved delegated programs. See 40 C.F.R. §
122.21 (a)(2)(iv). Indeed, DEQ has acknowledged that disclosure of toxic pollutants, including
PFAS, is required by the Clean Water Act and state water quality laws.266
In December 2014, the mill submitted with its application a characterization of pollutants
likely to be discharged on Form 2C. Nowhere does this disclosure alert DEQ to a potential
discharge of any chemicals classified as PFAS. Consequently, DEQ has not assessed the need for
technology -based limits to control the discharge, much less whether more controls are needed to
protect water quality. Moreover, the public has no information about the discharge of PFAS by
the mill. To the extent the mill has excluded PFAS compounds from its effluent data, the mill has
not complied with NPDES permitting application requirements. Any discharge of PFAS is and
would continue to be a violation of the Clean Water Act.
Endocrine -disruption Potential of Perfluoroethylcyclohexane Sulfonate (PFECHS) in Chronically Exposed
Daphnia magna, 218 Envtl. Pollution 950 (2016) (Attachment C); Kyunghee Ji et al., Toxicity of Perfluorooctane
Sulfonic Acid and Perfluorooctanoic Acid on Freshwater Macroinvertebrates (Daphnia Magna and Moina
Macrocopa) and Fish (Oryzias Latipes), 27 Envtl. Toxicology & Chem. 2159 (2008); Michelle M. MacDonald et
al., Toxicity of Perfluorooctane Sulfonic Acid and Perfluorooctanoic Acid to Chironomus tentans, 23 Envtl.
Toxicology & Chem. 2116 (2004).
263 See supra notes 259-262.
26a S. Appalachian Mountain Stewards v. A & G Coal Corp., 758 F.3d 560 (4th Cir. 2014) (holding a mining
company's failure to meet its disclosure obligations rendered it ineligible for permit shield under the Clean Water
Act); Piney Run Preservation Ass 'n v. Cty. Comm'rs of Carroll Cty, 268 F.3d 255, 268 (4th Cir. 2001).
265 S. Appalachian Mountain Stewards, 758 F.3d at 563.
266 N.C. DEQ Amended Complaint at 6-7 (citing 33 U.S.C. § 1342(k), Piney Run Preservation Ass 'n, 268 F.3d at
265).
41

4. DEQ must develop appropriate effluent limits for PFAS discharges.
Once DEQ requires the disclosure of PFAS compounds, DEQ must then develop limits
that apply best available technology to control and eliminate any PFAS in the discharge. As
discussed previously, the Clean Water Act requires permitting agencies to, at the very least,
incorporate technology -based effluent limitations for discharged pollutants, even if those limits
are stricter than necessary to meet water quality standards. If technology -based standards are
insufficient to meet water quality standards, then water -quality -based effluent limits must also be
developed to ensure those standards are met. See 33 U.S.C. § 1342(a)(1)(A); 40 C.F.R. §
122.43(a).
Where, as here, the outdated ELG for the pulp and paper category does not address the
discharge of a category of pollutants like PFAS, technology -based limits must be developed on a
case -by -case basis using BPJ. 40 C.F.R. § 125.3(c)(3). North Carolina rules, in the absence of a
promulgated ELG, direct staff to calculate a limit using EPA development documents and other
available information. See 15A N.C. Admin. Code 02B .0406(b)(3).
In this case, DEQ must consider the feasibility of the Canton paper mill using existing
treatment technologies, such as granular activated carbon, to eliminate discharges of PFAS.
DEQ is well aware of the effectiveness of granular activated carbon treatment at removing
PFAS based on pilot studies conducted by Chemours. The results show that granular activated
carbon can remove more than 99% of all PFAS tested.267 Almost all of those PFAS were
reduced to levels so low that they were not detectable in the discharge.268
DEQ's analysis does not necessarily stop at technology -based effluent limits, however.
DEQ also must ensure that water quality standards will not be violated. PFAS are known to
harm human and aquatic health, and their discharge threatens to violate multiple water quality
standards. For instance, the state toxic substances standard requires that: "the concentration of
toxic substances, either alone or in combination with other wastes, in surface waters shall not
render waters injurious to aquatic life or wildlife, recreational activities, public health, or impair
the waters for any designated uses."269 DEQ in its lawsuit against Chemours recognized that
PFAS "meet the definition of `toxic substance[s] "' under state law.27°
267 Parsons, Engineering Report: Old Outfall 002 GAC Pilot Study Results Addendum, Chemours Fayetteville Plant
(2020), https://www.chemours.com/en/-/media/files/corporate/old-outfall-2-gac-pilot-addendum final.pdf.
268 Id. at App'x B. Similarly, the Cape Fear Public Utility Authority is installing granular activated carbon at its
Sweeney Water Treatment Plant and implementing a process that captures PFAS on the carbon filters and replaces
those filters as needed. See Cape Fear Public Utility Authority, Sweeney Treatment Enhancements Project,
https://www.cfpua.org/775/Sweeney-Treatment-Enhancements-Project (last visited Apr. 14, 2021); see also Jim
Ware, CFPUA Moving Forward with $46M GenX Filtration System, StarNews (Jun. 11, 2019), https://www.
starnewsonline. com/news/20190611 /c fpua-moving-forward-with-46m-genx-filtration-system.
269 15A N.C. Admin. Code 2B .0208(a).
270 N.C. DEQ Amended Complaint at 32 (stating that "the process wastewater from [Chemours']
Fluoromonomers/Nafion® Membrane Manufacturing Area contains and has contained substances or combinations
of substances which meet the definition of `toxic substance' set forth in 15A N.C.A.C. 2B .0202," referring to
GenX and other PFAS).
42

In addition to ensuring compliance with this rule on the Pigeon, DEQ must also ensure
that PFAS discharges do not violate the state's aesthetic standard, which prohibits wastes that
"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." 15A N.C. Admin. Code 02B .0211(12) (Class C waters).
To ensure compliance with these standards, DEQ must require Blue Ridge Paper to
characterize any PFAS being discharged in the Canton mill's effluent, so that DEQ can
evaluate the need for permit conditions imposing technology -based and water -quality -based
effluent limits, along with frequent monitoring. Without this disclosure and analysis, DEQ
cannot ensure compliance with water quality standards or lawfully issue an NPDES permit. See
33 U.S.C. § 1311(b)(1)(C); 15A N.C. Admin. Code 2H.0112 (c) (final action on NPDES permit
applications).
I. The Draft Permit overlooks multiple additional discharges of pollution seeping
from sludge disposal sites into the Pigeon River.
The Draft Permit overlooks multiple additional sources of polluted discharges from the
mill's previous sludge disposal that are currently reaching the Pigeon River. This omission
undermines the reasonable potential analysis that forms the basis of the water -quality -based
effluent limitations in the permit and contravenes existing conditions in the permit.
Blue Ridge Paper's permitted outfall is not the only location where pollution from the
mill's operations are discharged into the Pigeon. For decades, the mill has disposed of sludge
from its wastewater treatment systems into several landfills along the river. That sludge contains
toxic pollutants from the facility's historical operations, ranging from coal ash to potential
forever chemicals likely used by the mill as described above. The Draft Permit references only
the mill's newest landfill. That landfill is lined and contains a system to collect contaminated
leachate, which is sent back to the wastewater treatment system rather than discharged directly
into the river. Crucially, that is not the only industrial landfill that the mill has used to store its
waste, nor is it the only landfill leaking pollutants.
Multiple additional unlined landfills are strung along the banks of the Pigeon River.
Several of these landfills are visible on DEQ's inactive hazardous waste mapping tool as
Champion Landfill Nos. 1, 2 and 3.271 Their closure permits do not authorize polluted seeps to
the Pigeon River. Nonetheless, multiple landfills have seeps actively flowing to the Pigeon, into
the same stretch of the river that receives the mill's effluent discharges from its wastewater
treatment system.
Recent surface water sampling by the French Broad Riverkeeper confirms that seeps
from the landfill sites are polluting the Pigeon with a range of contaminants. In June 2019, the
271 N.C. Dep't of Envtl. Quality, Inactive Hazardous Sites Map, https://deq.nc.gov/about/divisions/waste-
management/waste-management-rules-data/waste-management-gis-maps/ihs-map-viewer (last visited Apr. 14,
2021)
43

French Broad Riverkeeper found that landfill seeps are discharging pollutants typical of
contamination from coal ash, which is among the waste landfilled at the unlined sites.
Examples of Seeps from Canton Paper Landfill No. 1.272
The samples from seeps at Landfill No. 1 contained elevated levels of boron, cobalt, iron,
molybdenum, strontium, and zinc.273 Sampling from a creek draining from the edge of Landfill
No. 2 included elevated levels of cadmium and strontium. Levels of boron, cadmium, and cobalt
exceeded North Carolina in -stream target values for surface waters; iron and manganese
exceeded EPA's recommended water quality criteria. Several of these pollutants are indicators of
coal ash migrating through seeps toward the river.274
These seeps probably harbor more than just pollutants associated with coal -ash waste.
Indeed, a forthcoming study also found PFAS compounds in samples from landfill seepage.
Although not disclosed by the mill, PFAS were evidently used in the mill's processes
272 These seep locations are at approximately 35.5437617, -82.86398329999999 and 35.54336450000002, -
82.863597 (flow from toe drain).
273 North Carolina's surface water standards are available at https://deq nc.gov/documents/nc-stdstable-06102019.
Zinc and cadmium are subject to hardness dependent numeric standards.
274 See, e.g., Federal Coal Combustion Residuals Rule, 40 C.F.R. Appendices III and IV to Part 257 (listing boron
among detection constituents and cadmium, cobalt and molybdenum as monitoring constituents); Jennifer S.
Harkness, Barry Sulkin, & Avner Vengosh, Evidence for Coal Ash Ponds Leaking in the Southeastern United
States, 50 Envtl. Sci. & Tech. 6583 (2016) (Attachment C) (discussing boron and strontium).
44

historically, disposed of along with other sludge waste, and are now discharged into the Pigeon
River.
DEQ has apparently made no attempt to locate, characterize, or eliminate these seep
discharges. Unauthorized discharges of pollutants through points sources to the Pigeon River are
standalone violations of the Clean Water Act. The scope of the problem, however, is not limited
to surface water. Buried waste also contaminates groundwater, which migrates offsite and
hydrologically connects to the river. Thus, even more pollution is likely reaching the river
through groundwater migrating through the buried waste in unlined landfills. DEQ must require
the mill to determine the nature and extent of groundwater contamination emanating from these
unlined industrial landfills, particularly as several residences are located near the old landfill
sites.
Although separate regulatory enforcement is necessary, the discharge of pollution from
prior wastewater sludge disposal and its effects on the water quality of the Pigeon River are also
relevant to permit conditions in this NPDES permit.
1. Duty to Mitigate and Removed Substances Conditions.
In addition to complying with individual permit conditions, Blue Ridge Paper must
ensure its wastewater treatment systems and sludge disposal practices comply with the NPDES
Permit standard conditions. The Duty to Mitigate provision requires Blue Ridge Paper to
minimize or prevent any "sludge use or disposal in violation of this permit with a reasonable
likelihood of adversely affecting human health or the environment."275 To the extent Blue Ridge
Paper discharges undisclosed PFAS from its wastewater into the Pigeon, in violation of its
permit, or allows pollution from contaminated sludge to migrate to the Pigeon, the mill fails to
"take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of [its NPDES permits] with a reasonable likelihood of adversely affecting human
health or the environment," as required by the Duty to Mitigate.
The Removed Substances provision also prohibits pollution from entering the Pigeon
from sludge disposal practices: "Solids, sludges, filter backwash, or other pollutants removed in
the course of treatment or control of wastewaters shall be utilized/disposed of ... in a manner
such as to prevent any pollutant from such materials from entering waters of the State."276 The
Removed Substances provision ensures that "measures shall be taken to assure that pollutants
[and] materials removed from the process water and waste streams will be retained in storage
areas and not discharged or released."277 This provision aims to "ensure the integrity" of such
systems so that pollution does not escape into the environment.278 Allowing coal -ash pollutants,
275 See N.C. Dep't of Envtl. Quality, NPDES Permit Standard Conditions at § B(2) (2011), https://files.nc.gov/
ncdeq/Surface%20W ater%20Protection/NPDES/GUIDANCEBoilerplate-11-09-2011-2.pdf.
276 See id. at § C(6).
277 In re: 539 Alaska Placer Miners, 1085-06-14-402C, 1990 WL 324284, at *8 (EPA Mar. 26, 1990); see also 40
C.F.R. § 440.148(c).
278 Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC, 141 F. Supp. 3d 428, 446-47 (M.D.N.C. 2015)
(interpreting the Removed Substances provision in context of coal -ash disposal at the Buck Steam Station).
45

PFAS, or other pollutants to escape areas where sludge from the mill's wastewater treatment
system has been disposed of and enter the Pigeon River violates the Removed Substances
provision.
2. Factoring downstream pollution concentrations into water -quality -based
effluent limitations.
The Draft Permit must consider these additional sources of pollution to the Pigeon —
which are connected to the mill's waste disposal practices —in developing appropriate permit
limits on pollution from the mill's wastewater outfall. The minimal information provided by the
Draft Fact Sheet about the reasonable potential analysis conducted to determine the need for
water -quality -based effluent limitations does not indicate what conditions were assumed to be
present in the Pigeon River. As shown above, leaking landfills immediately downstream of the
mill's outfall are adding pollution to the same stretch of the Pigeon. In addition to seeps, it is
likely that far more pollution is entering the Pigeon through hydrologically connected
groundwater, which migrates through these waste sites. Although little information about DEQ's
reasonable potential analysis is available in the Draft Fact Sheet, nowhere does DEQ indicate
that it has considered these additional polluted discharges in its evaluation of the potential for
Blue Ridge Paper's discharge to violate water quality standards. To be clear, the outfall is not the
only source of Blue Ridge Paper's polluted discharges to the Pigeon River, and any analysis that
assumes so is in error.
EPA requires consideration of downstream conditions when issuing an NPDES permit.
Specifically, before calculating a water -quality -based effluent limitation, the permit writer first
determines the waste load allocation ("WLA") for the point -source discharge.279 "The WLA is
the loading or concentration of pollutant that the specific point source may discharge while still
allowing the water quality criterion to be attained downstream of that discharge."280 The WLA
calculation accounts for "contributions from other point and nonpoint sources."281 The Draft Fact
Sheet reflects no attempt to develop a WLA based on pollutant contributions of leaking landfill
sites immediately downstream of the mill. This omission undercuts the entire reasonable
potential analysis. In reevaluating the need for water -quality -based effluent limitations, DEQ
should apply the NPDES guidance. DEQ must document this process in a revised fact sheet that
provides "the public a transparent, reproducible, and defensible description of how the permit
writer properly derived [water -quality -based effluent limitations] for the NPDES permit."282
J. The Draft Permit relies on outdated data to support its findings.
If approved, DEQ's Draft Permit will allow Blue Ridge Paper to discharge pollutants into
the Pigeon River until 2026. If DEQ continues its practice of administratively extending this
279 Permit Writers' Manual, supra note 208, at § 6.4.1.5.
280 Id. (emphasis added).
281 Id. (describing use of a model where a WLA "is needed to address the nearfield effects of a discharge on water
quality criteria").
282 Id.
46

permit —as it has for the past two permit cycles —it could govern for even longer. Yet much of
the data that DEQ relies on to support its findings and conditions in the Draft Permit is already
outdated by a full permit term or more. For example:
• 2014 BIP study: The study DEQ relies on to support Blue Ridge Paper's continued
thermal variance is already seven years old. The data within the study is even older —
for instance, biotic sampling for the BIP ended in September of 2012, over 100
months ago.
• 2008-2013 dioxin sampling: As described in more detail above, there has been no
fish -tissue dioxin sampling conducted in the Pigeon River since 2014. Even though
the 2014 sampling found elevated levels of dioxin in common carp fillets, the Draft
Permit relies on even older sampling efforts from 2008-2013 to justify reducing the
frequency of fish -tissue sampling to once per permit period.283
• 2008-2013 notices of violation: The Draft Fact Sheet discloses that DEQ issued
eighteen notices of violation ("NOVs") to Blue Ridge Paper from September 2008 to
August 2013.284 DEQ does not disclose that it has issued NOVs for numerous fecal
coliform violations and other monitoring violations during the seven following years
as well.
• 2008 Technology Review Workgroup: As noted above, the Draft Fact Sheet
suggests that the Draft Permit limits on color are appropriate because they "were
established in accordance with the Technology Review Workgroup (TRW)
recommendations for the 2010 permit renewal."285 However, these recommendations
were based on color -reduction technologies available in 2008—nearly thirteen years
ago. DEQ does not consider or address whether these technologies or their costs have
changed in the interim.
• 2014-2018 dissolved oxygen review: In its discussion of dissolved oxygen levels in
the Pigeon, the Draft Fact Sheet notes that daily average dissolved oxygen
concentrations below the mill did not drop below North Carolina's water quality
standard (5.0 mg/L) between 2014 and 2018. DEQ does not disclose whether this
standard has been met over the past three years, nor does it relate whether the
instantaneous dissolved oxygen standard (4.0 mg/L) has been met.
• 2014 Permit Application: Blue Ridge Paper applied for a permit renewal in 2014.
Instead of developing a new permit, DEQ administratively extended the 2010 permit
for five years. Now DEQ intends to grant the 2014 renewal application —in 2021.
Because the application is now almost seven years old, DEQ must elicit current data
on the mill's discharge via an updated Form 2C. This is especially pertinent now that
the nature of the mill's discharge is changing. Specifically, DEQ's Draft Permit
recommends approving Blue Ridge Paper's request to increase its flow limit from
283 Draft Fact Sheet at 3-4.
284 Id. at 6.
285 Id.
47

29.9 MGD to 34.0 MGD286—an increase of nearly 14%. Part of this increase will be
used to process scrubber waste or treat additional landfill leachate,287 and the vast
majority (70.7%) will be used in the mill's paper processing.288 Because the Draft
Permit allows the discharge of 4.1 million more gallons of effluent per day, DEQ
must require Blue Ridge Paper to provide an updated Form 2C disclosing the impacts
this increased flow usage will have on effluent levels. See 40 C.F.R. § 122.44
(requiring NPDES permit conditions be based on "existing controls on point and
nonpoint sources of pollution" (emphasis added)); 15A N.C. Admin. Code 2H
.0143(25) (incorporating 40 C.F.R. § 122.44 by reference).
Because DEQ is relying on information that is up to thirteen years old, it cannot guarantee that
its Draft Permit "maintain[s] or enhance[s] the chemical, physical, biological and radiological
integrity" of the Pigeon River. N.C. Gen. Stat. § 143-215(b). DEQ must require submission of an
updated Form 2C, disclose all NOVs, cease reliance on outdated —and superseded —dioxin test
results, ask to reconvene the Technology Review Workgroup, disclose both recent and
instantaneous dissolved oxygen data, and require the preparation of an updated BIP study.
K. DEQ must impose stricter controls to mitigate the mill's repeated fecal coliform
violations.
Blue Ridge not only treats the mill's industrial waste, but also the Town of Canton's
sewage waste. With that comes the responsibility to ensure bacteria like fecal coliform meet
water quality standards and pose no health risk. See 15A N.C. Admin. Code 02B .0211(7) (Class
C waters). Fecal coliform is an indicator used to detect waterborne pathogens in streams and
rivers.289 Finding high levels of fecal coliform in waterbodies suggests that harmful bacteria and
viruses might also be present, including those causing typhoid fever, gastroenteritis, cholera, and
hepatitis A.290 DEQ issued fourteen violations to the mill for exceeding the permit's fecal
coliform limit between 2008 and 2013,291 and around a dozen more violations have been issued
in the years since.292 These repeated violations exceed permit limits and present a health risk to
recreational users of the Pigeon River.
While the Draft Fact Sheet acknowledges the repeated violations, neither it nor the Draft
Permit indicates what additional measures will be taken to curb these violations. Because DEQ
286 Id. at 7-8.
287 Id. at 7-8.
288 See id.
289 N.C. Dep't of Env't & Nat. Res., Supplemental Guide to North Carolina's Basinwide Planning at 149 (2008),
https: //files. nc. gov/ncdeq/W ater%20Quality/Planning/BPU/BPU/Supplemental%20Guide/Supplemental%20Guide
%202008.pdf.
2" Id. at 152.
291 Draft Fact Sheet at 6.
292 See N.C. Dep't of Envtl' Quality, Div. of Water Res. Laserfiche folder for NC0000272, https://edocs.deq nc.gov/
WaterResources/Browse.aspx?id=537199&dbid=0&repo=WaterResources&cr=1.
48

lacks a strategy to assure compliance with the fecal coliform standard, it risks perpetuating the
same permit violations going forward.
This outcome is foreclosed by federal and state law. Under the Clean Water Act, North
Carolina cannot issue an NPDES permit that will contribute to violations of water quality
standards. See 33 U.S.C. § 1311(b)(1)(C). State regulations impose a similar requirement: "No
permit may be issued when the imposition of conditions cannot reasonably ensure compliance
with applicable water quality standards and regulations of all affected states." 15A N.C. Admin.
Code 2H .0112(c) (final action on NPDES permit applications).
Blue Ridge Paper's recent history of non-compliance requires DEQ to reevaluate whether
the existing permit terms are sufficiently stringent and to develop additional measures that will
assure compliance with fecal coliform standards.
L. DEQ must not relax its chloroform limits for internal outfalls 002 and 003.
DEQ proposes increasing the mill's chloroform limits for internal outfalls 002 and
003.293 The reason for this "recalculat[ion]," according to the Draft Fact Sheet, is to bring these
internal limits in line with EPA's promulgated effluent guidelines for the Pulp, Paper, and
Paperboard Point Source Category.294 However, backsliding on effluent limitations like these is
specifically foreclosed by the Clean Water Act and its implementing regulations. 33 U.S.C.
1342(o); 40 C.F.R. § 122.44(1); 15A N.C. Admin. Code 02B .0408(25) (incorporating § 122.44
by reference). Relaxing these limits also makes no sense when Blue Ridge Paper has been
successfully meeting these limits for years, if not decades.295
In general, whenever an NPDES permit is reissued, the effluent limitations of the new
permit "must be at least as stringent as the final effluent limitations" of the previous permit. 40
C.F.R. § 122.44(1)(1). Even if EPA promulgates or revises its effluent guidelines subsequent to
issuing the previous permit, the new permit still may not "contain effluent limitations which are
less stringent than the comparable effluent limitations in the previous permit" unless certain
limited exceptions apply. Id. § 122.44(1)(2). The Draft Fact Sheet does not identify any
exceptions that might apply, or otherwise explain why increasing chloroform limits does not
constitute illegal backsliding. Nor does DEQ explain whether these changes will increase the
amount of chloroform reaching the Pigeon via outfall 001. DEQ must either fully explain why
increasing chloroform limits does not violate the Clean Water Act or require the mill to maintain
the limits it has already been meeting for years.
293 Limits for internal outfall 002 are proposed to increase from a daily maximum of 8.6 lbs/day and a monthly
average maximum of 5.1 lbs/day to a daily limit of 10.5 lbs/day and a monthly average limit of 6.27 lbs/day.
Compare 2010 Permit, supra note 213, at 6, with Draft Permit at 6. Likewise, limits for internal outfall 003 are
proposed to increase from a daily maximum of 10.9 lbs/day and a monthly average maximum of 6.5 lbs/day to a
daily limit of 12.5 lbs/day and a monthly average limit of 7.49 lbs/day. Compare 2010 Permit, supra note 213, at 7,
with Draft Permit at 8.
294 Draft Fact Sheet at 9.
295 For example, the effluent limits for internal outfall 002 have remained unchanged since at least 2001. See N.C.
Dep't of Env't & Nat. Res., NPDES Permit No. NC0000272 Blue Ridge Paper Produces Inc. at 4 (Nov. 15, 2001).
49

M. The Draft Permit must include a reference to an oxygen -injection facility 0.9
miles downstream of the mill.
In North Carolina, Class C waters like the Pigeon River below the mill must maintain an
instantaneous in -stream dissolved oxygen of at least 4 mg/L, and a daily average of 5.0 mg/L.
15A N.C. Admin. Code 02B .0211(6). For many years, DEQ has allowed Blue Ridge Paper to
meet this standard by employing sidestream oxygen -injection facilities.296 The Draft Fact Sheet
states that these "oxygen injection facilities will continue to be maintained at the effluent, 0.9,
and 2.1 miles downstream."297 However, the Draft Permit only requires Blue Ridge Paper to
operate "oxygen injection facilities at the outfall structure, [and] at 2.1 miles downstream of the
discharge."298 Given the language in the Draft Fact Sheet, the Draft Permit's failure to list an
injection station at 0.9 miles downstream is likely an oversight. DEQ should add a reference to
this site back into the permit to ensure that Blue Ridge Paper will maintain the water quality
standard for dissolved oxygen in the Pigeon downstream of the discharge.
III. Conclusion
DEQ's Draft Permit violates federal and state law, and does not do enough to protect and
restore the Pigeon River. DEQ must withdraw and revise the Draft Permit to correct the
deficiencies detailed above before resubmitting the revised draft permit for public comment.
Thank you for your consideration.
Please contact Patrick Hunter, or Spencer Scheidt, at [phone] or
[e-mail] and [e-mail] if you have any questions regarding these
comments.
296 Draft Fact Sheet at 5-6.
297 Id. at 6.
298 Draft Permit at 18.
Sincerely,
Spencer Scheidt
Associate Attorney
7;ze_„ ,#,__- ,
Patrick Hunter
Senior Attorney
50

Susannah Knox
Senior Attorney
cc — via email:
Lauren Petter, EPA, [e-mail]

Attachment A
Partial Settlement Agreement and
Joint Stipulation to Stay, NC OAH
10 EHR 4341, April 24, 2012

State of gs ortfi Carolina
Department of justice
ROY COOPER 42 North French Broad Avenue
Attomey General Asheville, NC 28801
Ms. Kim Hausen
Chief Hearings Clerk
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
24 April 2012
Western Office
Phone: [phone]
Fax: [phone]
By electronic transmission and first-class mail
[e-mail]
RE: Cocke County TN v. DENR, DWQ, and Blue Ridge Paper Products, Inc.
OAH File No 10 EHR 4341
Cocke County TN v. EMC, NPDES Committee and Blue Ridge Paper Products, Inc.
OAH File No. 10 EHR 4982
(Consolidated for hearing)
Dear Ms. Hausen:
I have enclosed the original and two copies of a document for filing in the above -referenced
contested case. Please return a file -stamped copy to me in the enclosed self-addressed envelope.
Thank you for your help in this matter.
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
/SPS
Enclosures
xc: The Honorable J. Randall May (via e-mail: betty.owens(cr�oah.nc.gov)
Following via e-mail and first-class mail:
Julia F. Youngman, Esq.
Amelia Y. Burnette, Esq.
Austin D. Gerken, Jr., Esq.
Becky Jaffe, Esq.
William Clarke, Esq.
Dick Krieg, Esq.

STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF HAYWOOD ADMINISTRATIVE HEARINGS
Cocke County, Tennessee, et al., )
Petitioners, )
v. )
)
North Carolina Department of Environment )
and Natural Resources — Division of Water )
Quality, )
Respondent, )
)
and )
)
Blue Ridge Paper Products Inc. )
Respondent -Intervenor. )
)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Cocke County, Tennessee, et al., )
Petitioners, )
v. )
)
Environmental Management Commission )
acting by and through its NPDES Committee, )
and the NPDES Committee, )
Respondents, )
)
and )
)
Blue Ridge Paper Products Inc., )
Respondent -Intervenor. )
)
10 EHR 4341
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
10 EHI2 4982
Partial Settlement Agreement and Joint Stipulation to Stay
Respondents North Carolina Division of Water Quality (the "Division"), North Carolina
Environmental Management Commission acting by and through its NPDES Committee, and the
NPDES Committee (the "NPDES Committee"), and Petitioners Cocke County, Tennessee, Clean
Water Expected for East Tennessee, Clean Water for North Carolina, the Tennessee Chapter of
the Sierra Club, Tennessee Scenic Rivers Association, and the Western North Carolina Alliance
(collectively, the "Petitioners"), and Respondent -Intervenor Blue Ridge Paper Products, Inc.,
hereby enter into this Partial Settlement Agreement pursuant to N.C. Gen. Stat. § 150B-31(b).

This matter arose out of the Petitioners' filing of a Petition for Contested Case Hearing
(10 EHR 4341) on July 23, 2010, challenging the Division's issuance of NPDES Permit No.
NC0000272 (the "Permit") to Respondent -Intervenor. The issues raised by Petitioners in their
contested case against the Division relate to the Permit limits on Blue Ridge Paper's discharge
into the Pigeon River. Petitioners filed a second Petition for Contested Case Hearing (10 EHR
4982) against the NPDES Committee on August 13, 2010, challenging its decision to grant a
variance to Respondent -Intervenor from North Carolina's water quality standard for color.
Without any contested case hearing, and without any admissions of liability, the Division,
the NPDES Committee, Petitioners, and Respondent -Intervenor have reached the following
Partial Settlement Agreement:
A. Temperature:
1. Subject to Environmental Protection Agency ("EPA") approval, DWQ will modify
the Permit so that the first sentence of Condition A. (1.) footnote 11 of the Permit
reads as follows:
"11. The weekly average instream temperature measured at a point 0.4 miles
downstream of the discharge location shall not exceed 32°C during the months of
July, August, and September and shall not exceed 29°C during the months
October through June."
2. Respondent -Intervenor will prepare an updated Balanced Indigenous Population
study ("BIP study") of the Pigeon River in accordance with the requirements of
Section 316(a) of the Clean Water Act. The BIP Study will, among other study
requirements: (1) survey mussels/shellfish as targeted species in the mainstem of the
Pigeon River; (2) include detailed studies of macro -invertebrates and shellfish; (3)
conduct thermal sampling at 20 locations in the Pigeon River and 2 locations in a
reference river; and (4) intensively survey for fish, macroinvertebrates/shellfish, and
periphyton in accordance with standardized sampling protocols, and in some cases,
sampling protocols developed in coordination with EPA and DWQ. Surveying will be
done at 20 Pigeon River locations and 2 locations in a reference river.
3. Respondent -Intervenor will use its best efforts to submit a final BIP study report to
the Division and to the EPA for review before January 1, 2014, unless river
conditions in 2012 do not allow safe access for field sampling. Respondent -
Intervenor will serve the completed study report on counsel for Petitioners at the
same time it submits the final study to the Division and EPA for review. Respondent-
2

Intervenor will notify counsel for Petitioners if delays in data collection planned for
2012 and early 2013 render submission of the study by January 1, 2014 not feasible.
4. Respondent -Intervenor has submitted a proposed 316(a) study plan to the Division
and to EPA and provided a copy to counsel for Petitioners.
5. In reliance on these commitments, Petitioners agree to voluntarily dismiss (in
accordance with section D, below) their claims relating to the current temperature
limits in the Permit.
B. Color
1. Respondent -Intervenor will, in accordance with the requirements of the 2010 Color
Variance, fund a site -specific study of color in the Pigeon River in North Carolina.
The study protocol shall be approved by DWQ and will generally be as outlined in
EPA's letter of February 22, 2010 to DWQ. Respondent -Intervenor has submitted a
draft protocol for such a study to the Respondents and to the EPA for comment.
Respondent -Intervenor will exercise best efforts to complete the study and submit a
report to Respondents before January 1, 2013. Respondent -Intervenor will serve a
copy of the final study protocol and -completed report on counsel for Petitioners at
the same time it submits the report to Respondents.
2. Because the color perception study currently being developed by Respondent -
Intervenor may have bearing on the positions of the parties in these consolidated
contested cases, the parties jointly agree and stipulate to a stay of the hearing in these
consolidated contested cases until January 30, 2013. The parties jointly agree and
stipulate to submit a joint status report to OAH on or before January 30, 2013,
reporting on the status of the color perception study, whether a continued stay of this
matter is required to allow Respondents and the EPA to review the study, and the
appropriate scheduling of a hearing to resolve these contested cases, if necessary.
C. Within three days of execution of this Partial Settlement Agreement, Respondents shall
submit a draft revised NPDES permit reflecting the terms of this agreement to the EPA
for approval of its terms. The parties understand and stipulate that approval of the draft
revised permit does not bind EPA or any party to approval of any of the future studies, or
plans or protocols for future studies contemplated by this agreement. Furthermore, the
parties understand and stipulate that, by entering into this Agreement, no party is bound
3

to approve any of the future studies, or plans or protocols for future studies contemplated
by this agreement.
D. Within ten days of being notified that EPA has approved a draft revised NPDES permit
reflecting the terms of Partial Settlement Agreement, Petitioners shall file a Notice of
Settlement and Partial Dismissal with the Office of Administrative Hearings ("OAH") for
dismissal of only their temperature claims against the Permit in their Contested Case,
Cocke County, Tennessee et al. v. NC DENR, Division of Water Quality, 10 EHR 4341,
with prejudice, with each party to bear its own costs and attorney's fees.
E. If the draft revised NPDES permit is disapproved by EPA such that any provision of this
agreement cannot be implemented, the agreement shall be rendered void and the parties
agree to negotiate in good faith to revise this agreement.
F. The Parties agree to cooperate fully in executing any and all supplementary documents
and in taking all additional actions that may be necessary to give full force and effect to
the terms of this Partial Settlement Agreement.
G. It is understood and agreed that this Partial Settlement Agreement is not to be construed
as an admission by any party to this agreement and that this agreement is a compromise
of disputed claims.
H. This Partial Settlement Agreement may not be modified, altered or changed except in a
written document that is signed by all Parties and that makes specific reference to this
Partial Settlement Agreement.
The Parties represent that any necessary corporate and governmental formalities have
been complied with for purposes of signing and entering into this Partial Settlement
Agreement. The persons executing this agreement represent and warrant that they have
full authority to sign this agreement on behalf of the Parties for which they are acting.
J. This Partial Settlement Agreement shall be binding upon the Parties, their successors and
assigns.
4

This thay of , 2012.
Austin D. Gerken Jr., N.C. State Bar No. 32689
Amelia Y. Burnette, N.C. State Bar No. 33845
Rebecca Jaffe, N.C. State Bar No. 40726
Southern Environmental Law Center
22 S. Pack Square, Suite 700
Asheville, NC 28801
828-258-2023
Julia F. Youngman, N.C. State Bar No. 21320
Southern Environmental Law Center
601 W. Rosemary Street, Suite 220
Chapel Hill, NC 27516
919-967-1450
On behalf of Cocke County, Tennessee, Clean Water
Expected for East Tennessee, Clean Water for North
Carolina, the Tennessee Chapter of the Sierra Club,
Tennessee Scenic Rivers Association, and the Western
North Carolina Alliance
Sueanna Sumpter, Esq.
Assistant Attorney General
N.C. Department ofJustice
42 N. French Broad Ave.
Asheville, NC 28801
828-251-6083
On behalf of North Carolina Division of Water Quality
ar, casse, Esq.
Spe i eputy Attorney General
North Carolina Department ofJustice
P.O. Box 629
Raleigh, NC 27602
919-716-6962
On behalf of North Carolina Environmental Management
Commission acting by and through its NPDES Committee
5

L
William Clarke
Roberts & Stevens, P.A.
PO Box 7647
Asheville, NC 28802
828-252-6600
("2,,,
Richard W. Krieg, Esq.
Lewis, King, Krieg & Waldrop, PC
One Centre Square
620 Market Street, 5th Floor
Knoxville, Tennessee 37902
865-546-4646
On behalf of Blue Ridge Paper Products, Inc.
6

Attachment B
EPA Objection Letter from James
D. Giattina (Director, EPA Water
Protection Division) to Colleen H.
Sullins (Director, NC DWQ),
February 22, 2010

o��TErFs,
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
z
'" Y� REGION 4
o • '�f�/► Q ATLANTA FEDERAL CENTER
F \r 61 FORSYTH STREET
4"T'+< PROc c;c ATLANTA, GEORGIA 30303-8960
FEB 22 Mr
Ms. Colleen H. Sullins
Director, Division of Water Quality
North Carolina Department of Environment and
Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Ms. Sullins:
On November 23, 2009, we received your submittal for our review of a draft National
Pollutant Discharge Elimination System (NPDES) permit for Blue Ridge Paper Products,
Permit No. NC0000272. We appreciate your efforts to continue the improvements in the quality
of the Mill's discharges to the Pigeon River through the NPDES permit process and recognize
the tremendous progress made by the Mill over the last 20 years. Your efforts have lead to
significant improvements in water quality in both the North Carolina and Tennessee portions of
the river. We also want to commend you for your decision to increase public participation in this
process by holding a public meeting on the draft permit in Tennessee.
We have had many discussions with your staff during our review of the draft permit and
resolved a number of issues. To provide more time for these collaborative discussions, we
notified you on December 10, 2009, that we would be taking the full 90-day period to complete
our review pursuant to Section IV.B.3 of the NPDES Memorandum of Agreement (MOA) with
the North Carolina Division of Water Quality (DWQ).
At this time, we have completed our review and have remaining concerns with some
provisions of the draft permit. Based on our review and consideration of issues raised at the
recent public meeting and hearing, we are providing specific objections to the draft permit,
which are explained in detail below, pursuant to Section IV.B.3 of the MOA and regulations at
Title 40 Code of Federal Regulations (CFR) § 123.44.
Specific Objection 1: Technology -Based Color Limits and Compliance Schedule
The draft permit includes an initial annual average color permit limit of 39,000 #/day and
requires a 37,000 #/day limit within four years. Although the 2001 current permit required that
DWQ conduct an analysis of mill performance and possible revision of annual average color
loading to a value in the 32,000-39,000 #/day range by March 2006, that revision did not occur.
To assess current performance, the Environmental Protection Agency (EPA) developed 95%
confidence limits for annual average color loadings using monthly average data for the period
2006-2009. EPA typically uses this type of statistical analysis to determine effluent performance
and the use of such confidence limits is consistent with effluent guidelines development. That
analysis indicates that the draft permit's annual average color limits do not fully capture current
Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

performance or provide a sufficient incentive for the Mill to continue to improve its
performance. These permit provisions are thus not consistent with the case -by -case Best
Professional Judgment requirements of 40 CFR §§ 125.3(c)(2) and (d)(3). The draft permit is
therefore subject to specific objection pursuant to 40 CFR §§ 123.44(c)(4), (6), and (7).
To resolve this specific objection, based on the confidence limits cited above, the permit
must require an initial annual average color permit limit of no greater than 37,900 #/day. Also, it
must require an annual average color limit no greater than the range of 32,000-36,000 #/day at
the end of the four-year compliance schedule. This is consistent with the color range
recommended by the Technology Review Workgroup (TRW) in February 2008.
Also, for the color compliance schedule cited above, the draft permit requires that the
Mill develop an implementation plan for various color reduction efforts and submit annual
reports of progress. However, the permit does not specify a date certain for submittal of that
plan, nor interim requirements and the dates for their achievement. Since the compliance
schedule exceeds one year, pursuant to 40 CFR § 122.47(a)(3), the compliance schedule must
include interim requirements and dates for their achievement. The lack of interim requirements
and dates for their achievement is subject to objection pursuant to 40 CFR §123.44(c)(7).
To address this specific objection, the permit must require the facility to submit an
implementation plan within the first year of permit issuance. The permit must also contain a
reopener clause to include interim requirements and dates for their achievement as enforceable
parts of the permit based on the submitted implementation plan. Once the implementation plan
is submitted and reviewed, the permit should be modified accordingly.
Specific Objection 2: Effluent Limit for Color; Protection of Water Quality and Status of
Variance to Narrative Color Criterion
The conditions and limits for color in the draft permit are based on the removal of the
variance to the narrative color standard for the Pigeon River, which was adopted by the State on
October 10, 2001. Thus, the color effluent limits, in the State's view, are consistent with the
State's water quality standard for color. However, the fact sheet or record supporting the draft
permit does not adequately support this determination. As background, in the absence of a
numeric translation of the narrative standard by either North Carolina or Tennessee, EPA has
historically translated the narrative standard to a numeric standard of 50 platinum cobalt units
(PCU or "color units"); North Carolina has adopted a variance from this standard that was
reflected in previous permits for the Blue Ridge facility. EPA's 50 color unit interpretation was
based on studies conducted by the National Council for Air and Stream Improvement and this
level has been met at the North Carolina/Tennessee state line in almost all measurements taken
since 2002. North Carolina adopted a variance from this standard in 2001; the terms of that
variance included the following:
"This variance shall extend for an indefinite period of time, subject to consideration
during the water quality standards triennial reviews. Any modification or termination
based thereon shall be subjected to the public hearing process required by N.C.G.S. 143-
215.3(e)."
2

Therefore, until the administrative process for removal of the variance is completed, the 2001
variance remains in effect. Nevertheless, the fact sheet indicates that the variance has been
removed and does not provide an explanation as to how the procedural requirements for its
removal have been met.
Also, as mentioned above, the actions required in Section B.8 of the 2001 variance and
the 2001 permit do not appear to have been completed. That section of the variance required an
evaluation of mill performance related to color and a recommendation by DWQ of the lowest
achievable annual average and monthly average color loading effluent limitations for the mill.
This section also required that, if the analysis supported a revision to average annual color limits
in the range of 32,000 to 39,000 #/day, the revised limit was to become effective on March 1,
2006. However, the current effective annual average limitation for color is 42,000 #/day.
In addition to not completing the procedures for variance removal, DWQ also did not
include in the fact sheet a defensible scientific rationale for its determination that the draft permit
will ensure compliance with North Carolina's narrative water quality standard for color. The
fact sheet for the draft permit states that the monthly and annual average color limits are "in
accordance with the TRW recommendations." The fact sheet also states:
Based on actual instream color measured between 2002-2008, DWQ believes that
compliance with the effluent color limits established in the 2001 permit were protective
of NC's narrative water quality color standard. Only under extreme drought conditions
(below 30Q2/7Q10 flows) were instream color values reported to exceed the Prestrude
aesthetic threshold of 100 platinum cobalt units (PCU or "color units"), and NC
regulations do not consider aesthetic color standards violated by the permittee when
stream flows fall below 30Q2 design flow.
The reference to the Prestrude aesthetic threshold of 100 PCU relates to a study entitled, Color:
Misperceptions About the Aesthetics of River Color (Dr. A. M. Prestrude, July 1996) (the
"Prestrude Report"). The Prestrude Report suggests that color levels become an aesthetic
problem at 100 PCU. However, none of the studies relied upon in the Report are based on
waters that are similar to the segment of the Pigeon River near Canton. The study of ambient
color levels in the Prestrude Document included consideration of photographs of the Pigeon
River downstream of the facility discharge which were taken in or about 1988. However, the
color discharge from the facility during that time frame was approximately ten times the amount
that is currently discharged.
Further, the document also states, "From a perception standpoint, therefore, it is readily
accepted that the general population can differentiate between colors differing by approximately
50 color units. While this difference is capable of scientific quantification, more refined studies
are required to focus on what level of perceived color is objectionable in natural environments."
Thus, the Prestrude Report does not purport to establish a one -size fits all color standard that can
3

be applied to different environments. EPA agrees with the Report's suggestion that more
refined, site -specific studies would be useful to determine how the narrative standard should be
interpreted or applied to specific natural environments such as the Pigeon River near Canton. 1
The terms of the 2001 variance allowed a monthly average limit of 55,000 #/day, which
was selected based on actual performance of color treatment and removal technologies that were
identified in an earlier review by the TRW. In other words, this value was selected based on the
ability of the facility to meet the limit by installing and operating color treatment and/or removal
technologies, rather than factors related to instream water quality.
The monthly average color limit proposed in the draft permit is 52,000 #/day; however,
the fact sheet does not clearly indicate whether this limit is based on what can be achieved
through application of available technologies or on protection of water quality. Due to the
absence of a numeric interpretation of the narrative color standard by the State, it is not clear
whether the State has determined that the monthly limit of 55,000 #/day, i.e., "the effluent color
limits established in the 2001 permit," or the monthly average of 52,000 #/day, as proposed in
the current draft permit, is needed to meet the narrative color standard. Using the 30Q2 flow of
the Pigeon River of 89.9 cubic feet per second at Canton, and assuming that the background
color level of the Pigeon River is 13 PCU, the current draft permit allows for a color level
downstream of the discharge of 114 PCU, and the previous 2001 monthly average permit limit of
55,000 #/day allowed an instream color level of 120 PCU. The absence of a specific numeric
interpretation of the State's narrative color standard and the ambiguity of the statements made in
the fact sheet make it difficult to determine at what PCU level the State believes ambient
conditions would be consistent with the narrative color standard. Thus, the effluent limits in the
draft permit would result in instream color levels that exceed both the "Prestrude aesthetic
threshold of 100 platinum cobalt units" and EPA's historical use of 50 PCU as a numeric
translation of the State's narrative standard. However, the fact sheet also does not adequately
explain how 114 PCU will comply with the State's narrative color standard.
The fact sheet states:
NC has generally viewed color as primarily an aesthetic issue, and the interpretation of
color as an aesthetic impact is subjective. Similar to odor issues, the number of
complaints received serves as one means to gage public perception of color impact. The
NC DWQ regional office in Asheville has received only one color complaint in recent
years.
' The Tennessee Department of Environment and Conservation reviewed the studies summarized in the Prestrude
Report and concluded that the appropriate interpretation of its narrative color standard requires that the increase of
ambient color levels in the Hiwassee River should be limited to an increment of 50 color units over levels measured
above the Bowater paper facility outfall.
4

This appears to be the State's justification for the determination that the draft permit will ensure
compliance with its narrative color standard and a variance is no longer necessary. However,
while the presence or absence of complaints may be relevant, EPA does not find the counting of
complaints to be a sufficiently structured process for establishing a state water quality standard.2
EPA is not aware that the State has notified the public that the frequency of complaints is a factor
that is used in the State's interpretation or application of the narrative color standard.
As noted above, EPA has historically interpreted North Carolina's narrative color
standard for the Pigeon River to be 50 PCU. The rationale provided in the fact sheet does not
establish a scientifically defensible basis for the State's interpretation of the narrative standard or
its conclusion that the limits in the draft permit implement the State's water quality requirements
for color, as established in 15A North Carolina Administrative Code (NCAC) 2B.0211(3)(f) and
15A NCAC 2B.0206(a)(4).
In summary, EPA is concerned that the State has insufficient record support for the
conclusion that the effluent limits and conditions for color proposed in the draft permit are
protective of the State's narrative water quality color standard. The fact sheet's discussion of the
basis of the color conditions and limitations does not establish that the draft permit will comply
with the narrative color standard at all flows equal to or greater than the applicable instream
flow, i.e., 30Q2 flow, as established in its water quality standards. Therefore, the draft permit
does not comply with requirements at 40 CFR §122.44(d)(1)(vii)(A) and is subject to objection
under 40 CFR § 123.44(c)(8).
To address this specific objection, the State must revise the terms of the variance from the
North Carolina water quality standard for color for the Pigeon River to reflect the proposed
permit conditions and limits for color as referenced in Specific Objection 1 above. The
information necessary to support a variance determination appears to have already been
developed by the facility in conjunction with the TRW. Accordingly, EPA commits to timely
review and act on a request to revise and extend the variance upon the formal submittal of a
proposed variance revision by DWQ.
Recommendation For Site -Specific Study
In order to create a better record for any future effort to reinterpret the narrative color
standard, and ensure that authorized discharges are protective of the narrative standard, EPA
recommends the addition of a condition in the draft permit requiring the permittee to provide
funding for an independent study of color levels in the North Carolina segment of the Pigeon
River, or a segment of a watershed that is reasonably similar to the physical characteristics of the
Pigeon River downstream of the mill. The study should focus on the aspects of the State's
narrative color standard that are relevant to conditions and limits in the permit, and should
address assessment of color levels in ambient waters of the Pigeon River (or other watershed(s),
as specified above) when those levels are in the range of 50 to 120 PCU. The permit could also
include a reopener clause to implement the conclusions of the study if warranted.
2 EPA notes that, based on comments during the public meeting and hearing, there are citizens who believe there is a
basis to complain about ambient color in the Pigeon River.
5

EPA believes that an independent, unbiased site -specific study would be useful to
determine how the State's narrative color standard should be interpreted or applied to the Pigeon
River near Canton. Such a study would be valuable in addressing uncertainties relating to the
narrative standard for color because many site -specific factors influence the overall perception of
an individual stream setting and the level of protection needed for a stream or watershed.
Evaluation of the Pigeon River downstream of the Blue Ridge mill is even more critical for
setting regulatory targets, given the color levels in the river, and the public interest in the present
permitting process for the Blue Ridge facility.
The study should be conducted with unbiased observers. For example, college students
were used in some of the studies performed by Prestrude. The results of the study could be used
by the State to address other issues related to the application of the North Carolina narrative
color standard, such as whether it would be more appropriate to establish a regulatory
requirement for the river solely based on a specific color concentration, or as an increment over
"background" color levels. We also suggest that EPA be involved in the review and approval of
the framework of the plan for conducting the study prior to initiation.
Specific Objection 3: Temperature Variance
Regarding temperature, the permit implements a Clean Water Act (CWA) § 316(a)
variance by requiring: 1) an instream monthly average of 32° C during July -September; 2) an
instream monthly average of 29° C during the rest of the year; and 3) downstream values not to
exceed upstream values by more than a monthly average of 13.9° C. ("Delta T") Compliance
with these three conditions is assessed 0.4 miles downstream from the discharge at Fiberville
Bridge.
To obtain such a variance, an applicant is required by Section 316(a) and applicable
regulations at 40 CFR Part 125, Subpart H, to demonstrate that the proposed variance assures
the protection and propagation of a balanced, indigenous population ("BIP") of shellfish, fish,
and wildlife in and on the body of water into which the discharge is made. The information
submitted with the draft permit is not sufficient to make the required demonstration. This
concern is heightened by a North Carolina Wildlife Resources Commission report indicating
that a September 2007 fish kill in the Pigeon River was, in part, due to elevated temperature. As
a result of the absence of a sufficient demonstration that the variance assures protection of a
BIP, the draft permit is subject to objection under 40 CFR §123.44(c)(7).
To resolve this objection, the permit must require completion of an updated study that
includes thermal modeling and demonstrates the protectiveness of the proposed variance; the
updated study should meet the parameters outlined in the enclosure to this letter. Further, in the
interim period before an adequate study is completed, a reduction in the Delta T limit should be
included in the permit to provide additional assurance that the BIP is protected. The current
Delta T limit was based on mill operating conditions prior to the modernization project
completed in the early 1990s, which included the installation of a mechanical draft cooling
tower. Based on daily temperature data taken at the Fiberville Bridge (River Mile 62.9) and just
above the Canton Mill (River Mile 63.8) during January 2005 to December 2009, EPA
determined average Delta T values for warm months (April through October) and cool months
6

(November through March). The 95th percentile values for average Delta T for the warm and
cool periods were 7.4° C. (13.28' F.) and 8.2° C. (14.69° F.), respectively. EPA believes the
average Delta T value of 8.2° C. will be appropriate for all times of the year and could be
adjusted pending the results of the thermal modeling to be completed as part of the Section
316(a) updated study. Lastly, the permit must require the Mill to monitor and report the daily
maximum and monthly average effluent temperatures.
Specific Objection 4: Absence of Daily Maximum Dioxin Limit and Fish Tissue Monitoring
The draft permit contains a monthly average dioxin limit; however, it does not include a
daily maximum limit, as required by 40 CFR Part 122.45(d)(1). The draft permit is therefore
subject to objection pursuant to 40 CFR § 123.44(c)(7). To address this specific objection, the
permit must contain a daily maximum dioxin limit. That limit may be set at a level equal to the
monthly average limit.
Also, the draft permit contains a new provision that fish tissue monitoring for dioxin will
cease after 2009, unless DWQ determines that a public health hazard exists. EPA routinely uses
ambient fish tissue dioxin monitoring to determine whether water column impairment is
occurring and whether reasonable potential to exceed a state's numeric dioxin criterion exists.
The fish tissue levels indicating water column impairment are typically well below the levels at
which fish advisories are typically adopted. Based on North Carolina's dioxin numeric criterion
of 0.005 parts per quadrillion (ppq), the associated fish tissue value indicating impairment would
be approximately 0.025 parts per trillion (ppt). Out of the last five years of fish tissue data
collected by the facility, levels of dioxin detected in common carp at Station 4A in upper
Waterville Lake have been 1.1-1.3 ppt, with two years having estimated concentrations reported.
Assuming a linear relationship between water column concentrations and fish tissue
levels, these fish tissue concentrations would indicate a water column concentration in the range
of 0.22-0.26 ppq, thus exceeding the State's numeric criterion. In this case, direct measurement
of dioxin in fish tissue shows evidence of accumulation; reliance on effluent sampling alone
using method detection limits that cannot measure dioxin at the level of the State numeric
criterion does not provide the necessary information to make this determination.
As a result, the removal of the dioxin fish tissue monitoring requirement as proposed in
the draft permit does not ensure that sufficient data is generated to adequately represent the
monitored activity, as required by 40 CFR §§ 122.41(j)(1) and 122.48(a)-(c). Requiring
monitoring in the event of a public health hazard is not adequate to determine if water quality
standards are being met. The lack of such data also does not allow for a complete evaluation of
the reasonable potential to exceed state water quality criteria, as required by 40 CFR §
122.44(d)(1). Accordingly, the draft permit is subject to objection pursuant to 40 CFR §§
123.44(c)(5) and (7). To address this specific objection, the permit must require that the facility
conduct monitoring of fish tissue for dioxin (as was done in 2009) in the first, third, and fifth
years of the term of this permit. Annual monitoring does not appear to be warranted since fish
tissue levels have shown minor changes in recent years.
7

Specific Objection 5: Absence of Turbidity Monitoring
EPA has previously requested that the State specifically document in the permit fact sheet
the manner in which reasonable potential to exceed North Carolina's Class C criterion for
turbidity was evaluated ("the receiving water shall not exceed 50 Nephelometric Turbidity Units
in streams not designated as trout waters"). To the extent that sufficient data to make that
evaluation were not available, we further requested that specific monitoring to obtain the
information be required by the permit. The draft permit and fact sheet did not address these
concerns.
Therefore, the draft permit does not ensure that the discharges authorized under the
permit are protective of North Carolina's numeric criterion for turbidity. The lack of such data
does not allow for a complete evaluation of the reasonable potential to exceed the state water
quality numeric criterion cited above, as required by 40 CFR § 122.44(d)(1), and as a result, the
draft permit does not include effluent limits that may be necessary to protect water quality. The
draft permit is therefore subject to objection under 40 CFR §§ 123.44(c)(5), (7), and (8).
To address this specific objection, the permit must require that the facility conduct
downstream turbidity monitoring at Fiberville Bridge at a minimum frequency of twice per
month during the April -October timeframe for a minimum of one year. Such monitoring must
not occur within 72 hours of a rain event. The permit must also contain a specific reopener to
enable DWQ to add an appropriate turbidity limit if reasonable potential to exceed the State's
numeric criterion is found to exist. Based on North Carolina's numeric criterion, upstream data
are not needed and should not be used to assess reasonable potential.
Specific Objection 6: Absence of Effluent Hardness Monitoring To Evaluate Zinc Toxicity
The draft permit requires quarterly zinc monitoring because DWQ determined that
reasonable potential exists to exceed North Carolina's action level of 50 ug/l based on an
assumed hardness of 50 mg/l. We are aware of a low upstream hardness value of 7.6 mg/l.
Because zinc toxicity increases at lower hardness values, any future evaluation of effluent zinc
data without concurrent effluent hardness monitoring cannot adequately assess reasonable
potential to exceed the action level.
Without concurrent effluent hardness measurements, the draft permit does not ensure that
sufficient data is generated to adequately represent the monitored activity, as required by 40 CFR
§§ 122.41(j)(1) and 122.48(a)-(c). Further, without such data, the draft permit does not allow for
a complete evaluation of the reasonable potential to exceed the hardness -based state water
quality numeric criterion for zinc, as required by 40 CFR § 122.44(d)(1), and as a result, the draft
permit does not include effluent limits that may be necessary to protect water quality. The draft
permit is therefore subject to objection under 40 CFR §§ 123.44(c)(5), (7), and (8). To address
this objection, the permit must be revised to include a requirement for quarterly effluent hardness
monitoring concurrent with the quarterly zinc monitoring.
8

EPA also offers the following recommendations for your consideration:
Recommendation 1 Regarding AOX Limits
EPA also has the following comment regarding the draft permit limits for adsorbable
organic halides (AOX), which reflect a 39% increase in loadings from the 2001 permit. The
DWQ presentation at the recent public hearing and meeting indicated that the facility is #2 in the
world in terms of AOX removal. Our analysis of recent AOX effluent data confirms the
facility's performance — the typical discharge is less than 300 #/day as a monthly average. Based
on that performance, we recommend that the AOX limits in the 2001 permit be retained.
Recommendation 2 Regarding TRW
The TRW has historically performed a valuable function in assessing color reduction
efforts at the Mill and providing recommendations to DWQ. We recommend that the permit
include a provision ensuring that the TRW will assess color reduction technologies and provide
recommendations to DWQ at the end of this next permit term.
To address the specific objections above, I ask that you redraft the permit and submit a
proposed permit and a revised fact sheet to EPA for review under the provisions of Section
III.B.6 of the MOA: I also ask that you submit a summary of all public comments that have been
received and DWQ's response to them. In accordance with Section IV.B.7 of the MOA and 40
CFR § 123.44, within ninety (90) days of your receipt of this letter, DWQ or another interested
person may request that a public hearing be held, pursuant to 40 CFR §123.44(e). If no public
hearing is held, and DWQ does not resubmit a proposed permit that has been revised to meet our
specific objections within ninety (90) calendar days of receipt of this letter, exclusive authority to
issue the permit passes to EPA for one permit term. Any requests for a hearing on the objections
and the procedure for resolving any objection shall be governed by 40 CFR § 123.44, as provided
in Section IV.B.7 of the MOA.
If you have any questions, please have your staff contact Mr. Marshall Hyatt at
404-562-9304.
Enclosure
Sincerely,
ames D. Giattina
Director
Water Protection Division
9

cc: Dane A. Griswold, Blue Ridge Paper Products Inc.
John S. Curry, Esq., North Carolina Environmental Management Commission
Jeffrey V. Morse, North Carolina Environmental Management Commission
Paul E. Davis, Tennessee Department of Environment and Conservation
David McKinney, Tennessee Wildlife Resources Agency
10

Enclosure
Section 316(a) Report and the Study Plan for the Subsequent Permit
Blue Ridge may use existing data in completing its study and may incorporate the
existence of such data into the monitoring program plan design; however, the existing data needs
to be evaluated and presented in the context of a BIP definition that the existing record does not
adequately provide.
Section 316(a) of the CWA contains the term "BIP" but does not define it. However, 40
CFR §125.71(c) defines the term "balanced, indigenous community"1 as:
"A biotic community typically characterized by diversity, the capacity to sustain itself
through cyclic seasonal changes, presence of necessary food chain species and by a lack
of domination by pollution tolerant species. Such a community may include historically
non-native species introduced in connection with a program of wildlife management and
species whose presence or abundance results from substantial, irreversible environmental
modifications. Normally, however, such a community will not include species whose
presence is attributable to the introduction of pollutants that will be eliminated by
compliance by all sources with section 301(b)(2) of the Act: and may not include species
whose presence or abundance is attributable to alternative effluent limitations imposed
pursuant to section 316(a)."
The Environmental Appeals Board stated in its decision in In Re Dominion Energy
Brayton Point, LLC, 12 Environmental Appeals Decision (E.A.D.) 490 (2006)("Brayton Point"),
"this definition clearly envisions a consideration of more than the population of organisms
currently inhabiting the water body. In this vein, although it permits inclusion of certain
`historically non-native species' that are currently present, it explicitly excludes certain currently
present species whose presence or abundance is attributable to avoidable pollution or previously -
granted section 316(a) variances."
Page 557 of the Brayton Point E.A.D. goes on to further state that a BIP "can be the
indigenous population that existed prior to the impacts of pollutants, not solely the current
populations of organisms."
To the question of how a permittee should identify a BIP in an area that has been altered
by impacts from an existing thermal discharge, the Brayton Point E.A.D. points out that it may
be appropriate to use a nearby water body unaffected by the existing thermal discharge as a
reference area. Examination of an appropriate reference area may be applicable in this case.
The definition of "balanced, indigenous community" at 40 CFR § 125.71(c) contains
several key elements. To be consistent with the regulations, each of these key elements should
be specifically addressed in the demonstration, and the Pigeon River Section 316(a) monitoring
plan for the next permit cycle should be designed to generate information relevant to these
elements. Those elements include: (1) "a population typically characterized by diversity at all
"Balanced. indigenous community" and BIP are equivalent terms.

trophic levels;" (2) "the capacity to sustain itself through cyclic seasonal changes;" (3) "presence
of necessary food chain species;" (4) "non -domination of pollution -tolerant species;" and (5)
"indigenous." Each of these elements is discussed in more detail below:
1. "A population typically characterized by diversity at all trophic levels" means that all of the
major trophic levels present in the unaffected portion of the water body should be present in the
heat affected portions. EPA recognizes that community structure differences will occur,
however, the number of species represented in each trophic level in the unaffected portions
should be reasonably similar in the heat -affected portions of the water body. Sampling and
analysis of fish and invertebrate communities should be done such that the major trophic levels
are identified and represented by reasonably similar species distributions. Also, the study plan
should be expanded to include some observations of wildlife (i.e., water fowl, mammals,
amphibians, etc.) both upstream and immediately downstream of the discharge point that may be
impacted by the thermal discharge.
2. "The capacity to sustain itself through cyclic seasonal changes" means that any additional
thermal stress will not cause significant community instability during times of natural extremes
in environmental conditions. Community data should be collected during normal seasonal
extremes as well as during optimal seasonal conditions. Data should be compared between heat
affected and unaffected portions of the receiving water body to account for normal community
changes corresponding with a change in season.
3. "Presence of necessary food chain species" means that the necessary food webs remain intact
so that communities will be sustaining. We believe that exhaustive food web studies are not
necessary provided that invertebrate, fish and wildlife communities are otherwise healthy, i.e.,
represented by sufficiently high species diversity and abundance (appropriate for that portion of
the receiving water body) for the identified trophic levels and sustaining through normal seasonal
changes.
4. "Non -domination of pollution -tolerant species" means that in the case of a thermal effluent,
community assemblages in heat affected portions of the lake dominated by heat tolerant species
do not constitute a BIP. EPA recognizes that because all species have varying levels of thermal
tolerance, communities in the heat affected portions of the water body may possess altered
assemblages in terms of species present and abundance. All community data should be
collected, analyzed and presented to clearly demonstrate that affected communities have not
shifted to primarily heat tolerant assemblages.
5. "Indigenous" has been further clarified in the regulations: "Such a community may include
historically non-native species introduced in connection with a program of wildlife management
and species whose presence or abundance results from substantial, irreversible environmental
modifications. Normally, however, such a community will not include species whose presence is
attributable to the introduction of pollutants that will be eliminated by compliance by all sources
with section 301(b)(2) of the Act: and may not include species whose presence or abundance is
attributable to alternative effluent limitations imposed pursuant to section 316(a). " EPA
recognizes that non -indigenous species are present in most aquatic systems in the United States.
All community data should be analyzed and presented to demonstrate that community
2

assemblages in the heat affected portions of the receiving water body are not significantly
different from non -affected communities with regard to the number of non -indigenous species in
the assemblages.
In addition to the foregoing components of the BIP definition, the study plan should also
include provisions for the identification of RIS (e.g., a list of threatened, endangered, thermally
sensitive, or commercially or recreationally valuable species up- and downstream of the study
area), as contemplated in 40 CFR §125.72(b). 40 CFR §125.71(b) defines RIS as "species which
are representative, in terms of their biological needs, of a balanced, indigenous community of
shellfish, fish and wildlife in the body of water into which a discharge of heat is made."
The following EPA comments should be specifically addressed in the study plan prior to
Blue Ridge commencing sampling during the term of the next NPDES permit. The plan should:
a) include available information on wildlife in the lake areas based on
communications with North Carolina's Wildlife Management Agency. See
item 1 above.
b) include a diagram depicting the thermal plume under the worst case scenario
and address the presence or absence of a zone of passage for which fish can
travel around the thermal plume.
e) provide information of which fish collected are either heat -sensitive or
nuisance species. See item 4 above.
d) provide a list of any lake species that are endangered or threaten in accordance with
federal and state regulations.
e) analyze and present data to clearly demonstrate that affected communities
have not shifted to primarily heat tolerant assemblages.
f) include recent data or information on benthic macroinvertebrates. See item 1 above.
g)
analyze and present all data to demonstrate that community assemblages in the heat -
affected portions of the receiving water body are not significantly different from non -
affected communities with regard to the number of non -indigenous species in the
assemblages; and
h) include a thermal modeling study based on historical effluent temperatures and
operating conditions to determine appropriate permit limits for temperature.
In order to ensure that Blue Ridge's future study plan for the Pigeon River is adequate to
demonstrate that the Canton Mill should have its Section 316(a) variance renewed during the
term of its next NPDES permit, EPA requests the opportunity to review a draft Section 316(a)
plan prior to Blue Ridge commencing the study.
3

From: A.H Iams
To: Publiccomments(alncdnr.gov
Subject: Blue ridge paper
Date: Thursday, April 29, 2021 9:53:58 PM
I am writing to speak out about the filth flowing downstream from the blue ridge paper mill in
NC. We have seen and increase in slim recently as well as a horrible smell. Fish are dyeing
and washing up along the banks now. It's disgusting! The riverbed is starting bleach out now
after the scum drys when the water drops and bank drys. The wildlife is being effected as well
as citizens. DO SOMETHING PLEASE! shut them down or regulate the amount of filth they
can dump. Why are they even allowed to dump waste into the river when waste management
and septic system advancements in the last 10yrs could accommodate and should be
mandatory! We as citizens cannot allow our sewage to dump into the river WHY is the paper
mill allowed to dump their sewage and toxic chemicals into the river?

From:
To:
Subject:
Date:
Attachments:
A.H Iams
SVC DENR.publiccomments
[External] Fw: Blue ridge paper
Friday, April 30, 2021 3:56:10 PM
Blue ridge paper.msq
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From:
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Cc:
Subject:
Date:
Attachments:
Janice Barnes
SVC DENR.publiccomments
Janice Barnes
[External] Blue Ridge Paper Permit - Request to Deny
Friday, April 30, 2021 10:41:48 AM
8738E1FDD9C24095BBB159B1AEA3072F[3130423].pnq
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Dear NCDENR/DEQ Permit Review Committee,
I'm writing as a Cocke County native and as a child of Appalachia to request that Blue Ridge
Paper Permit not be allowed.
Growing up in Hartford, Tennessee, I witnessed firsthand the impact of the toxins on our community and
its residents. My great-grandfather owned land along the river before the Federal Highway System built
Interstate 40. My grandfather and my father and his siblings farmed that land until the freeway was built.
Over the generations, which ran in parallel to Champion's growth and the river's increasing toxicity, the
stories abounded about the impact of those toxins, the many families with cancer, the settlements to
those families, and the continued dire warnings against fish consumption. More than a century later, it's
still a problem, albeit in slightly altered ways. However, the problem has not gone away.
As I listened to the public hearing, I was struck by three things: (1) the message, (2) the engagement
process, and (3) the context. I'd like to register my concern about the permit on each of these as well as
Evergreen's performance to date.
Toxins, temperature and testing, not just color
Regarding the message on color, it was strangely unsettling to have the scientist speak to the general
public in such technical terms, surely not targeted for layperson understanding. Also when the NCDENR
representative spoke, she focused on color, not on the increases in chloroform, the temperature, the color
sampling location, or the other issues raised by the Southern Environmental Law Center representation.
The latter clearly sought to make the issues within the permit more tangible to the laypersons attending.
The permit acknowledges that several toxicant discharge rates were recalculated upwards based on
increased production capacity at the facility but that they were to be maintained at current levels to protect
the receiving stream. However, the permit increases the amount of CHLOROFORM, a dangerous, toxic,
and cancer -causing chemical used by paper companies in the bleaching process but offers no
explanation for why this dangerous discharge is acceptable. We feel that it is not acceptable. The permit
also requests a 17% increase of water to be removed from Pigeon River for processing at a time when
water reserves across the globe are in jeopardy. There are problems with how testing of color is being
done downstream. Testing is not at point of discharge from plant which allows clean water from mountain
streams to mix in with toxic water, thereby likely diluting the toxicity levels. This testing should be done at
initial point of discharge into the River NOT miles downstream. There is no reason that this company
should be allowed to increase toxins or temperatures in discharge and no reason to monitor so far from
source. None at all. Please don't allow this to happen.
Meaningful outreach
Regarding the engagement process, it didn't appear that NCDENR made it easy for community members
to know about the hearing and to engage in it. Surely for something so significant, a more significant
engagement process is warranted. I can't find postings on common media platforms such as Facebook.
While I'm sure that there was a required listing in a paper, beyond the website for NCDENR, if the
organization truly seeks community feedback, please consider meeting people where they are and
please consider the downstream families as much as the local ones.
Context please
Regarding the counterpoints to concerned residents' comments, as presented by Evergreen advocates, it

appeared that participants received a message implying that if Evergreen has to meet Clean Water Act
requirements, somehow its jobs, its donations and its community role will disappear. For a poor region,
this is a scare tactic. Good jobs are hard to find and most everyone wants to help those who have them to
keep them. Was this not an opportunity to correct this misinformation or is Evergreen in fact threatening
to leave the area if they have to comply with the Clean Water Act? With the current administration in
place, short of leaving America, it seems that compliance will be required anywhere. And as one
participant asked, what's so wrong with meeting the standard? He asked why is it so hard and why can't
Evergreen do it? No one answered.
Moreover, there was no mention of the increased risks to regional economy, local livelihood, recreation,
and wellbeing. The river goes through Cocke and Sevier counties, before Douglas Lake. So it is not only
Cocke Countians at risk, but the many individuals who use these waters for recreational activities along
its entirety. The professional commercial rafting guides from companies located in Hartford spoke about
their rashes and reactions to the chemicals that are discharged upstream. Contrary to the rationale
presented in the Permit proposal, color is NOT an aesthetic concern. There was also no mention of
increased risks to ecology. The proposed extension of the Temperature Variance notes that the facility is
not able to meet the current State of North Carolina temperature requirement. Though the variance has
been in place for multiple permitting cycles, the facility should be required to continue to lower the
temperature impact on the river, not maintain an arbitrary status quo put in place many years ago. The
temperature variance (Delta T) requirement should be made more stringent with every permitting cycle.
Please help to set context for the real risks and clarify the misinformation in the scare tactics.
Performance thus far
The permit change request notes that there have been EIGHTEEN Notices of Violations issued to
Evergreen in the last reporting period ranging from fecal coliform limits to toxicant discharge violations.
This indicated that more stringent requirements and more strict monitoring is required, not less. Please
do not allow more lenient measures.
In summary, these actions are not in the best interests of the community. The community should have a
better overall information provided for the toxins, temperature and testing issues, should have meaningful,
contextualized outreach and easily understandable messaging, and should be engaged along the impact
area of the discharge. Moreover Evergreen should be required to meet the Clean Water Act. Please do
not all the permit request for leniency. Instead, ramp up protections.
Regards,
Dr. Janice Barnes
janice barnes
�• , founder
S•
F �
climate adaptation partners
[e-mail]
(m) 312.636.9809

From:
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Date:
Larry Napier
SVC DENR.publiccomments
[External] blue ridge paper permit renewal
Friday, April 30, 2021 3:35:28 PM
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Clean water is a necessity. The water being used should make it back to the source as good or
better than it was when it was borrowed from the public.
Anything less constitutes a danger to all of us.
Take the health and safety of constituents and the environment into account when drafting the
permit renewal.
Larry Napier
Larry Napier
10044 Lakepark Drive
Cincinnati, Ohio 45231
[phone]

From: John
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper products
Date: Friday, April 30, 2021 4:19:05 PM
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Do not lower the water quality of the Pigeon River! Paddling the river is a source of local income and being in
polluted waters is a health hazard. In addition the lowering of water quality will have a long lasting effect on aquatic
life and the the animals.
John Webster
Local 479 Medic

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Charlie Walbridge
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 3:01:49 PM
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When I first saw the Pigeon River in 1973 I was met by a horrible smell and dirty,
foamy water. Such a waste of a beautiful mountain river! But in 1995 I arrived in
Hartford, TN as a sales rep for NRS, a whitewater equipment manufacturer. The
water quality had really improved, and the raft outfitting business was booming. In the
next 20 years I saw growth sharply increase. As guest numbers grew, so did our
sales. One outfitter operating out of a small cabin with 6 rafts now has a large facility
and a fleet of 60 boats. He's not unique!
In the Settlement Agreement finalized in 1998 between TN, NC, Champion and
several environmental groups brought about major water quality improvements. That
Agreement required that NC continue to require improvements in the Mill's discharge
to clean up the Pigeon River "at the quickest possible pace." Instead, NC regulators
have, since 2001, drafted permits that don't require further improvements in the River.
This is a mistrake
Please protect the Pigeon, downstream recreation businesses, and local residents.
Maintain and improve the current water quality so downstream businesses can grow
and land values will increase.
Thank you,
Charles Walbridge
1886 Little Sandy Road
Bruceton Mills, WV 26525
304-698-7088

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Date:
Wes Soward
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 4:00:00 PM
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As a citizen that lives and drinks this water downstream as well as a recreational user of the
Pigeon River, the following comments help address my concerns regarding the permit
renewal.
The draft wastewater discharge permit for Blue Ridge Paper Products is a step backwards
when it comes to water quality and the health of the Pigeon River. I ask you to revise the
permit to meet the goals of the Clean Water Act to make our River be fishable and
swimmable.
The way that regulators should achieve those goals while balancing the interests and needs of
industry is by slowly reducing permit discharge limits over time. The draft permit as proposed
by the Department of Environmental Quality (DEQ) takes a step backwards by weakening
regulations, requiring less monitoring and allowing for more pollution to be discharged to the
river.
We hope you correct the following deficiencies:
Temperature: Over 8,500 fish were killed in the summer of 2007 from an extremely hot
discharge from the paper mill. This hot water discharge did not violate the temperature permit
limits at the mill, because their limits rely on a monthly average, which allows wild swings in
the temperature of the discharge, and potential fish kills.
Recommendation: The Department of Environmental Quality should set a daily average limit
for the mill to ensure that aquatic life is protected and future fish kills are avoided.
Dioxin: Reduction in dioxin fish monitoring in the draft permit is being proposed. Current
monitoring requires monitoring 3 times in 5 years, but the new draft permit reduces that to
once every 5 years. This is problematic for two reasons. The most recent sampling conducted
in 2014 still shows dioxin in fish tissue, and therefore monitoring on at least the same schedule
should be continued until dioxin is no longer present in fish tissue samples. Secondly, the
permit renewal cycle is many years overdue, the last fish tissue sample was taken over six
years ago. That means, if new sampling is conducted only once in the next five years, that
could mean that we only have one sample in 11 years.
Recommendation: DEQ should maintain the same sampling schedule of three times within
every five years.
Fecal Coliform: The mill not only processes its own waste, but also serves as a wastewater
treatment plant for the town of Canton. Violations for fecal coliform have been frequent in the
last decade with MountainTrue documenting at least 25 permit violations, sometimes in excess
of 250 times the safe limit for fecal coliform. The Mill has also commonly violated its
permitted standards for total suspended solids and biological oxygen demand.

Recommendation: DEQ should require significant improvements to the wastewater treatment
plant to ensure the river and downstream river recreation users are protected from harmful and
dangerous levels of bacteria in the river.
Chloroform: DEQ is proposing to allow the mill to increase their discharge of chloroform, a
possible carcinogen. The goal of the Clean Water Act is to reduce pollution discharges until all
waters are fishable and swimmable. In this instance, not only is the discharge not decreasing,
but the mill will be allowed to discharge even more cancer causing chemicals into the Pigeon
River. The 2010 permit allowed for chloroform discharge allowances of 5.1 or 8.6 monthly.
The 2021 proposed permit ups those limits to 6.27 lbs/day (as a monthly average) and 10.5
lbs/day (daily maximum).
Recommendation: DEQ should reduce discharge allowance for chloroform, not let the paper
mill pollute more.
Thank you for your time and consideration of these important issues.
Thank you,
Wes Soward
1211 Bowman Valley Rd
Knoxville, TN 37920

From:
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Date:
Bill Hearn
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 4:08:02 PM
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I am writing to express my opposition to Blue Ridge Paper Products request for variances to
current water "color" & temperature requirements and to request that the summer discharge
temperature limit of 32 degrees C must be reduced by at least 2 degrees C and enforced
DAILY, rather than as monthly average.
Dioxin monitoring must be maintained at the level in the previous permit, and fish studies
carried out. In addition a full study of sediments in Waterville Lake for dioxins and furans
must be carried out to ensure protection of downstream water supplies and edible fish
populations.
I have been recreating on the Pigeon River upstream and downstream of the paper mill for
decades in both North Carolina & Tennessee and the negative impact to water quality and
river ecology is appalling downstream of the paper mill.
The Pigeon River is a vital American resource that provides recreation, drinking water and
jobs upstream and downstream of the paper mill.
The pollution discharged by tBlue Ridge Paper Products Mill in Canton, NC has a negative
impact to the Pigeon River and regualtion must be implemented ASAP to mitigate this
pollution.
Best Regards,
Bill Hearn,
E: [e-mail]
C: (978) 340 - 7181

From:
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Date:
Keely Douglas
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 4:19:40 PM
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Hello,
I am writing to express my opposition to Blue Ridge Paper Products request for variances to
current water "color" & temperature requirements and to request that the summer discharge
temperature limit of 32 degrees C must be reduced by at least 2 degrees C and enforced
DAILY, rather than as monthly average.
Dioxin monitoring must be maintained at the level in the previous permit, and fish studies
carried out. In addition a full study of sediments in Waterville Lake for dioxins and furans
must be carried out to ensure protection of downstream water supplies and edible fish
populations.
I have been recreating on the Pigeon River upstream and downstream of the paper mill for
decades in both North Carolina & Tennessee and the negative impact to water quality and
river ecology is appalling downstream of the paper mill.
The Pigeon River is a vital American resource that provides recreation, drinking water and
jobs upstream and downstream of the paper mill.
The pollution discharged by Blue Ridge Paper Products Mill in Canton, NC has a negative
impact to the Pigeon River and regualtion must be implemented ASAP to mitigate this
pollution.
Best Regards,
Keely Douglas
Sent from Gmail Mobile

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Date:
Christoph Berenotto
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 4:56:43 PM
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I am writing to oppose the Blue Ridge Paper Products request for variances for their water
discharge permit. I hope that current water temperature requirements are lowered by two
degrees and enforced based on daily temperatures, not monthly averages. I also hope that
testing for dioxins is still carried out on both fish and sediments.
I myself have paddled the Pigeon River numerous times over the past decade. It is alarming to
paddle a tributary like Big Creek, then reach the confluence with the Pigeon and immediately
smell the difference is water quality.
While I appreciate that many local livelihoods depend on the mill, it is critical that water
quality improve, not be degraded. Our beautiful rivers are a huge part of what makes this
region so wonderful and they can bring our community together and bring in outside tourism
revenues as well.
I ask that Blue Ridge Paper Products does its part to improve our ecosystem rather than
increasing the environmental burdens it imposes on others.
Sincerely,
Christoph Berenotto

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Date:
Briana Harricharan Singh
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 9:55:09 PM
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Please do NOT remove the requirement to monitor color variance in the Pigeon River.
"Improved stream conditions noted during a reevaluation, including significant improvements
to instream concentrations of color in the Pigeon River" is not enough to signal a complete
stop of monitoring known pollutants. Improvements does not mean resolution. We need to
continue monitoring for color variants and other pollutants in the Pigeon River to better
regulate our environmental (and human) impact. There is still a lot of work to be done to
continue cleaning and protecting our local and Appalachian waterways, whether you're in NC,
TN, or beyond.
(Quoted content above from "Rescheduled: Notice of Intent to Issue NPDES Wastewater
Discharge Permit #nc0000272 with Proposed Removal of Color Variance" from deq.nc.gov)
Please DO maintain (or even add) any and all types of monitoring that will help continue to
clean up the Pigeon River, including monitoring for historically known pollutants or
byproducts of Blue Ridge Paper Products' company, its subsidiaries, or other
industrial/commercial manufacturing processes.
We need to advance the water quality of the Pigeon River. We must do all that we can to
protect it and support a healthier water system so that every city downstream of Blue Ridge
Paper Products can have access to clean water, a thriving economy, uncontaminated fish, and
everything else so vitally connected to the Pigeon River.
Thank you for your time,
Briana and Kabir Harricharan Singh
Newport, TN

From:
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Date:
William Banks
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 10:30:48 PM
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I am writing to discuss Blue Ridge Paper Products request to have the specific regulations on
the water quality of the discharge from their mill into the pigeon river changed.
It is my understanding that the mill is requesting to loosen the regulation of the "color" and
temperature of the discharged water. As a kayaker who paddles in the pigeon river
downstream of the mill, and often unintentionally invest river water, I am concerned about any
loosening of regulation on contaminates in the water.
I hope my comment will be helpful.
Sent from Yahoo Mail on Android

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Date:
Colin Brenton
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 11:30:15 PM
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Hi,
I am writing to express my opposition to Blue Ridge Paper Products request for variances to
current water "color" & temperature requirements and to request that the summer discharge
temperature limit of 32 degrees C must be reduced by at least 2 degrees C and enforced
DAILY, rather than as monthly average.
Dioxin monitoring must be maintained at the level in the previous permit, and fish studies
carried out. In addition a full study of sediments in Waterville Lake for dioxins and furans
must be carried out to ensure protection of downstream water supplies and edible fish
populations.
I have been recreating on the Pigeon River upstream and downstream of the paper mill for
decades in both North Carolina & Tennessee and the negative impact to water quality and
river ecology is appalling downstream of the paper mill.
The Pigeon River is a vital American resource that provides recreation, drinking water and
jobs upstream and downstream of the paper mill.
The pollution discharged by the Blue Ridge Paper Products Mill in Canton, NC has a negative
impact to the Pigeon River and regulation must be implemented ASAP to mitigate this
pollution.
Best Regards,
Colin Brenton

From:
To:
Subject:
Date:
Sidney Abramson
SVC DENR.publiccomments
[External] Blue Ridge Paper Products, NC #0000272
Friday, April 30, 2021 3:56:18 PM
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To those who should be concerned:
My name is Caleb Abramson and I am a lifelong resident of Cocke County, Tennessee. I have
utilized the Pigeon River, either fishing or paddling, since the early 1990s, when the Canton
paper mill's forced improvements of the pulp bleaching process began to breathe some life
back into a river I had only known as a tannic, malodorous, fluvial cesspool.
I am a permanent, full-time employee of Great Smoky Mountains National Park -US DOI,
where I work as the lead Fishery and Water Quality monitoring technician. I work with
partners in the NCWRC, TWRA, USGS, USFS, and University of Tennessee. While I have
seen successful reintroductions of native fish and mussel species in the Pigeon as part of the
Pigeon River Recovery Project (UT -Knoxville), I still don't believe the river is where it should
be.
I paddle whitewater more than 100-days annually, many times after work, on my way home.
My front door is exactly 20-minutes from Waterville. I have fished the river since I was a
child. I even mentioned my love of the Pigeon River in my Master's Thesis acknowledgments.
The river still has a putrid stench that is uniquely identifiable. Folks in Canton may say that
smells like cash, but to me it smells like environmental apathy.
I'm not a dirtbag, a hippie, a redneck, or whatever monicker fits most drum -beaters, BUT, I
share a commonality, i.e., love, with any and all people who enjoy that river, regardless of
their background or identity. I'm a hunter, fisher, and paddler. Plus, I LIVE DOWNSTREAM.
I'm not an idiot. I understand that if the Canton Mill isn't exceeding whatever bar is currently
set by the State of NC, then it is 'in compliance.' But for goodness' sake, if the river flowed the
opposite direction, and NC received our effluent, especially with the influx of retirees who
have gentrified WNC, then I'm sure you would feel differently. I guess Cocke Countians just
don't have that kind of clout with the lobbyists.
I'm not against the employees of Blue Ridge, or the good folks of Hayco, but I want to see this
river cleaner and clearer. It's 2021, grow some cajones folks.
Sincerely,
Caleb Abramson

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Subject:
Date:
Tom Zimmerman
SVC DENR.oubliccomments
[External] Blue Ridge Paper Products, NC #0000272
Friday, April 30, 2021 3:48:14 PM
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Dear Sir or Madam,
I am writing today to give public comments on the subject wastewater permit change.
As a resident of Tennessee, I routinely recreate in the Pigeon River near the North Carolina
and Tennessee state lines. I have spent time as a raft guide on this stretch of river, and I have
been able to share the joy with my own kids on the "the Dirty Bird" the last several years.
Unfortunately, I feel the need to always take shower as soon as possible after swimming or
boating in the Pigeon River largely due to the pollution allowed upstream near Canton from
the subject facility.
In addition to river user, I am also a licensed Professional Engineer in the state of Tennessee,
and I spent the early part of my career as a consultant doing water quality work in permits and
permit compliance. My Master of Science Engineering degree from the University of
Tennessee focused on studying acid rain pollution in the streams of the Great Smoky
Mountains National Park. Therefore I have an intimate knowledge of the typically outstanding
water quality that drains into the Pigeon River, and there is not much of a sadder sight than
seeing the clear waters of Big Creek mixing with the unnaturally colored water of the Pigeon
just downstream of the powerhouse. The smell of the river can be hard to stomach as well.
All this to say, that I believe the draft permit does not go far enough into
demonstrating increasing water quality standards. It is good that the paper plant has improved
the technology to the point of convincing the NCDEQ that removing the variance for color
would be equivalent, but then why does the proposed draft not reduce the color PCU limit? It
appears to keep the traditional 50 PCU limit but only moves the sampling point upstream and
allow a monthly average of delta PCUs. How does this demonstrate better water quality
technologies?
Additionally, I have concerns that a monthly average will allow the paper plant to cherry pick
discharge days, and I can tell you now that high flow days already have a noticeable difference
in water quality downstream. If you are using a delta of color measurement to demonstrate the
limited increase of color in the Pigeon River of no more than 50 PCU, then why not mandate
color sampling from a point upstream of the paper plant to get a true delta?
Finally, why is the temperature variance being allowed to continue as usual? I feel the plant
should be required to show a commitment to increased water quality by having future targets
that are less harmful to water quality and the thriving downstream recreation industry. That
was the intent of the Clean Water Acts and Amendments, to improve water quality over time
and not allow polluters to continue polluting at the same levels. Why drop the color variance
and allow the plant more latitude with self monitoring and not ask for concessions with
temperature variance as well?

I implore you to continue to hold Blue Ridge Paper Products to gradually increasing water
quality standards, so that my children will not be taking their children swimming in "the Dirty
Bird."
Sincerely,
Guy Thomas Zimmerman

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Date:
Amelia Taylor
SVC DENR.publiccomments
[External] Blue Ridge Paper Products
Friday, April 30, 2021 1:53:47 PM
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Wastewater Permitting, Attn: Blue Ridge Paper Products Permit
1617 Mail Service Center
Raleigh, NC 27699
Dear NC Regulators,
I am pleading to you from the position as a river guide, whitewater kayaker, and resident of
Cocke County, TN to please not allow the NC Color Variance to be dropped until water
quality on the Pigeon River is no longer dark, brown, smelly, and toxic. Unsurprisingly
Evergreen Packaging, NC DEQ, and the permit writer Sergei Chernikov have a vested interest
in continuing to allow toxic levels of pollution to continue in one of our nation's greatest
resources, clean water.
The water above the papermill is crystal clear and pristine. At the TN/NC State Line,
especially on days when the Duke Power Station at the Waterville powerhouse are releasing
the water quality has a dark sweet tea colored look, a distinctive chemical sweet papermill
smell, foam, and a black algal scum that is extremely slippery and covers all the rocks under
water. Unlike the color of the water which fluctuates with the season, rainfall, and releases
from the dam, the algal black scum on the rocks never goes away.
Over the last decade I have worked as a commercial whitewater river guide across the nation
from the Kern and American Rivers in California, the New and Cheat Rivers in West Virginia,
the Rio Grande in Texas, and the Youghiogheny River in Pennsylvania, and the Plgeon River
in Tennessee. I have recreated as a private boater on more rivers than you want to read about
here and by far the Pigeon is the most degraded and disgusting water quality of any river I
have ever paddled.
I have also explored the headwaters of the Pigeon above the papermill in Haywood County,
NC and found pristine conditions above the mill that are comparative to other high quality
water sources in headwaters across the nation.
I am very concerned with the increase of chloroform that is proposed in the new draft permit.
As determined by the EPA, exposure to chloroform in humans has a variety of potentially
hazardous effects on human health including depression of the central nervous system,
reproductive failure, kidney failure, low birth weight and cleft palate in expectant mothers,
skin irritation, and more. Guides including myself have experienced mysterious rashes from
the chemical soup on the Pigeon River. My own primary care doctor diagnosed a rash I got
from swimming in a foamy eddy as a 'chemical burn'. It is unacceptable to increase
chloroform in the upcoming permit.
The point of the NPDES permitting system is to eliminate pollution with every permitting
cycle. This permit does not call for any reduction in color to the river and in fact seems to
justify no further improvements needed with Mr Chernikov and DEQ's "rationale" for
removing the color variance.Downstream communities are trying to 'rationalize' with you all

in NC DEQ that the problem is far from resolved down here in Tennessee. We demand that
the color variance not be removed until we get to an average of 20,0000 lb/color per day with
daily limits no higher than 50,000 lb/per day. The allowances of over 100,000 lb/color per
day average in the current draft permit are simply unacceptable. Instream color must be
sampled DAILY at the closest downstream sampling point (Fibreville), and enforcement must
be based on daily, not monthly average color measurements
Removal of the color variance until a 20,000 lb/per day average is simply unacceptable. The
current justifications that current levels of color being 'loaded' code word for 'dumped' into
the river is noticeable to the human eye. I can see the brown color of the Pigeon on many days
when the dam is releasing water from the lake. Also we know that there are many more toxic
chemicals that comprise the color from Blue Ridge Paper than just chloroform. Color is not
an inert substance just made of up lignins. Quit trying to justify polluting the river so that NC
and the papermill can profit off of this pollution.
Evergreen will have to be forced to find another solution. One solution is to create and market
paper products that are unbleached. We all know that it is the bleaching of paper that is toxic.
Evergreen needs to quit "greenwashing" their products and pretending how environmentally
sustainable they are because they use a renewable raw product, the trees. I'm ok with the
papermill being an economic boone for NC but how about they do it the moral way and find
technology and market products that don't use bleached paper? This is the future we are
talking about here. Your children and grandchildren will suffer at the expense of these weak
permits. The future of clean water is at stake. We cannot backslide with this draft permit.
Rescind this dirty permit till we have tighter regulations on temperature releases. This draft
permit is too lackadaisical when it comes to hot temp releases into the Pigeon. These hot
releases have caused documented fish kills below the mill. The Temperature Variance should
be further tightened, based on evidence the Mill is still impacting the biological health of the
River immediately downstream. EPA's Objection to the temperature variance in the draft 2010
permit resulted in a reduced temperature limit and more rigorous studies of the biological
impacts of the Mills Discharge in the Pigeon River. While the studies carried out show
improvement in most sections downstream of the Mill, and survival of introduced native fish
species, the stretch just downstream of the Mill still shows evidence of biological impairment,
likely due to the elevated temperature . The summer temperature limit of 32 degrees C must be
reduced by at least 2 degrees C and enforced DAILY, rather than as monthly average.
I am also disturbed the proposed increase of a 17 % usage of water in the draft permit. I do not
believe the mill should be allowed to take MORE water from the river. It's apparent that the
proposed increase in water usage and of chloroform as proposed by this dirty draft permit is a
ticket for Evergreen Packaging to increase pollution and increase production. No increases in
production until Evergreen actually goes green and markets and sells brown unbleached paper!
It is unacceptable to take more water from the river until the toxins are eliminated from the
papermaking process.
The 1997/98 Settlement Agreement between EPA, then Champion Papermill and downstream
communities called for continual improvements to water quality through each permitting cycle
and even pointed out chlorine free bleaching options that were available over 20 years ago.
This permit not only stalls progress promised by this Agreement but actually backslides
allowing more pollution. NC DEQ needs to create a stricter permit that calls for reductions in
water usage, reductions in chloroform usage, reductions in color dumping and follow along
with the Agreement. We are sick and tired of being polluted on dowstream while upstream
communities get the benefits of a large and successful industry at the expense of the Pigeon
River. ND DEQ must do what is right and not allow this permit to be passed. If the current

draft permit is passed we will turn to the EPA to investigate this decision.
The future of clean water depends on us! Money and profit can never justify polluting pristine
resources to make unnecessary products. Brown paper can make milk and juice cartons too. If
science and technology can send men and women to the moon then science and technology
can find ways to create paper products that don't create toxic effluent to our nation's waters.
Please do what is right and do not approve this permit until our valid points have been
addressed within the permits regulation. There is only one planet Earth for us and future
generations to survive on! Do good, create good karma, praise your creator's creation, and call
for cleaner water!
Please help us.
In Love and Kindness,
Amelia Taylor
River Guide, Rapid Expeditions
3605 Hartford RD
Hartford, TN
Amelia Taylor
Little Miss Sunshine Pilot Cars
423 237 5187

From:
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Date:
malcolm hawkins
SVC DENR.publiccomments
[External] blue ridge paper products
Friday, April 30, 2021 12:27:06 PM
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Much progress has been made in improving the water quality of the Big Pigeon River. A reduction in
standards is a step backwards. Suggest improving stands to class A B steam would help citizens down
stream.
Thank you for your consideration.
Malcolm Hawkins
2210 Pine Hill way
Cosby TN
Sent from Mail for Windows 10
El
Virus -free. www.avg.com

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Date:
kelly gladen
SVC DENR.publiccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 12:10:53 PM
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alking Points for the 2021 Draft Permit 000000272 for Pigeon River Pollution Discharge
This permit is unacceptable. It does not demonstrate the spirit of the Clean Water Act
NPDES permitting system in that it does not actually reduce pollution to the Pigeon River
during the next permitting cycle.
This permit in fact proposes an increase in the amount of chloroform, a dangerous toxic
and cancer causing chemical, used in the bleaching process. The daily maximum load of
10.5/Ib per day is enough chloroform to kill 321 people per day, in its concentrated form.
No wonder river guides suffer painful rashes and allergic reactions to being exposed to the
Pigeon's toxic waters.
This permit calls for a 17% increase in water taken from the Pigeon River at a time when
water resources across the globe are in jeopardy.
As an organization comprised of members who have regular direct contact with the Pigeon
River, members who are professional commercial river guides, members who are private
boaters and kayakers, swimmers, and fishermen, our representatives can tell you that the
color of the river is brown, dark and sweet tea colored on many days. The river smells like
the acrid papermill, all the way to Newport, Tennessee. One can observe foam and often
professional river guides deal with rashes and reactions to the many chemicals that
comprise the color pollution.
This permit calls for no changes to color pollution with no reductions being called for
whatsoever, a violation of the Clean Water Act and the 1997 Settlement Agreement
between downstream communities and the paper mill.
The proposed removal of this color variance is basically an admittance by the NC DEQ that
water quality standards are being met and no further reductions to color pollution are
required.
The color variance must not be dropped until color pollution is down to an annual average
of 20,000 pounds per day with daily maximum limits of 50,000 Ibs/day not 105,250 as
currently stated, which downstream communities have called for over 20 years. This permit
calls for a status quo of 36,000 pounds of color per day annual average, the same as the
previous permit cycle, which is not an improvement.

There are problems with attempts to assess the true color units downstream in Tennessee.
Members of CWEET has observed that testing for color at mile 24.7 Browns Bridge is
conducted 1.3 miles downstream of the actual TN/ NC State line. This provides significant
dilution to the Pigeon River from Big Creek and Tobes Creek. It has been observed that
testing occurs when the dam is operating below 600 cfs, not at the mimimum recreational
flow for whitewater rafting which is 1200 cfs. When water is measured below 600 cfs we can
observe that the majority of the water in the river is from Big Creek and Tobes Creek, not
actual flow from the main Pigeon River as the majority of polluted water is being held back
in Waterville Lake while the majority of water in the riverbed at flows of less than 600 cfs is
primarily from tributaries downstream of the Waterville dam. Downstream testing should
occur when the flows are operating an average recreational release ranging frois between
1200-2000 cfs which is the flow at which water color appears and smells worst. Measuring
water flow at Brown Bridge when the dam is not fully releasing the polluted water is simply
not an accurate measurement for color in TN. One can observe that the water is clean and
clear when the dam is releasing at small flows of 600 cfs or less and brown dirty and smelly
at releases of 1200 cfs or more.
Also, it has never been observed that the company contracted to measure color on the
Pigeon actually measures the water at the Pigeon River prior to mixing with Big Creek at
mile 26, as called for by the 1997 Settlement Agreement. It would require a boat to access
that flow of Pigeon River and Big Creek prior to mixing. We have never observed this type
of testing at this location taking place. It should be measured from a boat at the mouth of
the dam release for an accurate measurement, prior to mixing with Big Creek as dictated by
the 1997 Settlement Agreement.
The color variance must not be removed until downstream communities are satisfied with
the condition of the Pigeon River, which is currently not meeting all it's designated uses and
remains on the Tennessee 303d list for impaired rivers due to color pollution.
This draft permit ashamedly uses public health as a rationale for removing the color
variance stating that there has never been a public health advisory related to color in North
Carolina.
There is an advisory, however, issued for color in Tennessee. The fact is that the Pigeon
River is listed as impaired for color pollution by the state of Tennessee. Color is comprised
of toxic chemicals. Its is a public health issue for the hundreds of thousands of boaters who
are yearly exposed to full body contact with its toxic waters.
Blue Ridge Paper Products has requested an increase in water usage from 29.0 million
gallons per day to 34 million gallons per day. This is a 17% increase in water usage.
This increase should not be approved until an environmental assessment is conducted to
determine what the impacts would be on water quality.
Additionally the draft permit calls for an increase in chloroform usage from the current
limits of 5.1/Ib day monthy average to a proposed limit of 6.27 pounds per day monthly
average, which is a 22% increase in chloroform averaged monthly. As for daily maximums
allowed an increase from 8.6 lb/day 10.5/lbs per day daily maximum is also unacceptable.

That is a 22% increase of chloroform daily.
We know that chloroform is a dangerous toxic and carcinogenic chemical used in the paper
making process and increases of this type of pollution are unacceptable. In a world of
climate change and dwindling clean water resources the mill can and should become a
leader in marketing non -bleached paper products. Consumer demand for environmentally
friendly paper products is at an all-time high, and in the fast changing world of 2021, what
better time for the mill to become an innovative leader in marketing brown, not bleached
white paper products. Bright white paper is unnecessary and incredibly damaging to the
environment and without good reason.
The chloroform cannot be increased. If so, CWEET and the public will call upon the EPA to
again rescind this dirty permit.
It is time for the Pigeon River to be clean. It's time for our beautiful resource to be finally
protected after 115 years of pollution. The water that flows above the mill is crystal clear
and of high quality. We want the same crystal clear properties for the downstream
communities of Hartford and Newport that are enjoyed by users of the river upstream of
Blue Ridge Paper. Our whitewater rafting industry, our swimmers, our fisherman, our wildlife
and microbiology , and all future generations depend on clean water. Water is life. When
will the bureaucrats at NC DEQ remember that you cannot eat money?
Lets leave a legacy of tight regulations that actually protect our nation's waters and
decrease pollution until is eliminated! If not us, then who will?
Kelly Gladen
Raft guide on the Pigeon River

From: mitchell buhr
To: SVC DENR.oubliccomments
Subject: [External] Blue ridge paper
Date: Friday, April 30, 2021 11:54:37 AM
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As a ten year river guide, local business owner and farmer I cannot stress enough that the Pigeon river can't afford
to move backwards at all. The amount of damage that's Already been done will take several lifetimes to repair. I
work and play in the Pigeon and it burns our skin, nose, throats, eyes, you name it. The paper mill creates
jobs....neat. So does the Pigeon (top 3 rivers In the country) and the river provides Cocke county with an
irreplaceable amount of revenue! Stop destroying our jobs and our beautiful river!
Sent from my iPhone

From:
To:
Subject:
Date:
Haley Jarnagin
SVC DENR.oubliccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 12:34:41 PM
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attachment to Report Spam.
Please do not let this permit be approved to further pollute the Pigeon River. Locals and
tourists alike use this river for recreation year round. We should not have to worry about the
water being unsafe just so a company can make money. Clean water should be a right to our
community and to the visitors of our beautiful community.

From: mitchell buhr
To: SVC DENR.publiccomments
Subject: [External] Blue ridge paper
Date: Friday, April 30, 2021 12:09:29 PM
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an attachment to Report Spam.<mailto:report.spamnanc.gov>
Clean Up the Pigeon River!
This permit is unacceptable. It does not demonstrate the spirit of the Clean Water Act NPDES permitting system in
that it does not actually reduce pollution to the Pigeon River during the next permitting cycle.
This permit in fact proposes an increase in the amount of chloroform, a dangerous toxic and cancer causing
chemical, used in the bleaching process. The daily maximum load of 10.5/1b per day is enough chloroform to kill
321 people per day, in its concentrated form. No wonder river guides suffer painful rashes and allergic reactions to
being exposed to the Pigeon's toxic waters.
This permit calls for a 17% increase in water taken from the Pigeon River at a time when water resources across the
globe are in jeopardy.
As an organization comprised of members who have regular direct contact with the Pigeon River, members who are
professional commercial river guides, members who are private boaters and kayakers, swimmers, and fishermen, our
representatives can tell you that the color of the river is brown, dark and sweet tea colored on many days. The river
smells like the acrid papermill, all the way to Newport, Tennessee. One can observe foam and often professional
river guides deal with rashes and reactions to the many chemicals that comprise the color pollution.
This permit calls for no changes to color pollution with no reductions being called for whatsoever, a violation of the
Clean Water Act and the 1997 Settlement Agreement between downstream communities and the paper mill.
The proposed removal of this color variance is basically an admittance by the NC DEQ that water quality standards
are being met and no further reductions to color pollution are required.
The color variance must not be dropped until color pollution is down to an annual average of 20,000 pounds per day
with daily maximum limits of 50,000 lbs/day not 105,250 as currently stated, which downstream communities have
called for over 20 years. This permit calls for a status quo of 36,000 pounds of color per day annual average, the
same as the previous permit cycle, which is not an improvement.
There are problems with attempts to assess the true color units downstream in Tennessee. Members of CWEET has
observed that testing for color at mile 24.7 Browns Bridge is conducted 1.3 miles downstream of the actual TN/ NC
State line. This provides significant dilution to the Pigeon River from Big Creek and Tobes Creek. It has been
observed that testing occurs when the dam is operating below 600 cfs, not at the mimimum recreational flow for
whitewater rafting which is 1200 cfs. When water is measured below 600 cfs we can observe that the majority of the
water in the river is from Big Creek and Tobes Creek, not actual flow from the main Pigeon River as the majority of
polluted water is being held back in Waterville Lake while the majority of water in the riverbed at flows of less than
600 cfs is primarily from tributaries downstream of the Waterville dam. Downstream testing should occur when the
flows are operating an average recreational release ranging frois between 1200-2000 cfs which is the flow at which
water color appears and smells worst. Measuring water flow at Brown Bridge when the dam is not fully releasing
the polluted water is simply not an accurate measurement for color in TN. One can observe that the water is clean
and clear when the dam is releasing at small flows of 600 cfs or less and brown dirty and smelly at releases of 1200
cfs or more.
Also, it has never been observed that the company contracted to measure color on the Pigeon actually measures the

water at the Pigeon River prior to mixing with Big Creek at mile 26, as called for by the 1997 Settlement
Agreement. It would require a boat to access that flow of Pigeon River and Big Creek prior to mixing. We have
never observed this type of testing at this location taking place. It should be measured from a boat at the mouth of
the dam release for an accurate measurement, prior to mixing with Big Creek as dictated by the 1997 Settlement
Agreement.
The color variance must not be removed until downstream communities are satisfied with the condition of the
Pigeon River, which is currently not meeting all it's designated uses and remains on the Tennessee 303d list for
impaired rivers due to color pollution.
This draft permit ashamedly uses public health as a rationale for removing the color variance stating that there has
never been a public health advisory related to color in North Carolina.
There is an advisory, however, issued for color in Tennessee. The fact is that the Pigeon River is listed as impaired
for color pollution by the state of Tennessee. Color is comprised of toxic chemicals. Its is a public health issue for
the hundreds of thousands of boaters who are yearly exposed to full body contact with its toxic waters.
Blue Ridge Paper Products has requested an increase in water usage from 29.0 million gallons per day to 34 million
gallons per day. This is a 17% increase in water usage.
This increase should not be approved until an environmental assessment is conducted to determine what the impacts
would be on water quality.
Additionally the draft permit calls for an increase in chloroform usage from the current limits of 5.1/lb day monthy
average to a proposed limit of 6.27 pounds per day monthly average, which is a 22% increase in chloroform
averaged monthly. As for daily maximums allowed an increase from 8.61b/day 10.5/lbs per day daily maximum is
also unacceptable. That is a 22% increase of chloroform daily.
We know that chloroform is a dangerous toxic and carcinogenic chemical used in the paper making process and
increases of this type of pollution are unacceptable. In a world of climate change and dwindling clean water
resources the mill can and should become a leader in marketing non -bleached paper products. Consumer demand for
environmentally friendly paper products is at an all-time high, and in the fast changing world of 2021, what better
time for the mill to become an innovative leader in marketing brown, not bleached white paper products. Bright
white paper is unnecessary and incredibly damaging to the environment and without good reason.
The chloroform cannot be increased. If so, CWEET and the public will call upon the EPA to again rescind this dirty
permit.
It is time for the Pigeon River to be clean. It's time for our beautiful resource to be finally protected after 115 years
of pollution. The water that flows above the mill is crystal clear and of high quality. We want the same crystal clear
properties for the downstream communities of Hartford and Newport that are enjoyed by users of the river upstream
of Blue Ridge Paper. Our whitewater rafting industry, our swimmers, our fisherman, our wildlife and microbiology
, and all future generations depend on clean water. Water is life. When will the bureaucrats at NC DEQ remember
that you cannot eat money?
Lets leave a legacy of tight regulations that actually protect our nation's waters and decrease pollution until is
eliminated! If not us, then who will?
Sent from my iPhone

From: Will Johnson
To: SVC DENR.publiccomments
Subject: [External] Blue Ridge Paper
Date: Friday, April 30, 2021 1:11:28 PM
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an attachment to Report Spam.<mailto:report.spamanc gov>
I'm writing to express my concern about the draft permit for Blue Ridge Paper's use of and discharge into the
Pigeon River in Haywood County.
I've lived in North Carolina my entire life. I love my state, and I'm proud to be here. I'm also a Camp Director,
and professional Whitewater Canoeing and Kayaking instructor. I have been paddling various sections of the
Pigeon River since 2005. My first trip down the pigeon, I was warned about the "dirty bird" and heard all sorts of
horror stories about the water. Though the water is as foamy, brown, and disgusting as it was then, it's obvious to
anyone who gets near to the water that something still isn't quite right.
During trips down the Pigeon downstream of Canton, my mucous membranes burn when they come in contact with
the water. The smell is unmistakeable. The color of the water - dark and tea -like - is nothing like the water found
flowing out of the East Fork and West Fork. Looking at the river behind Pisgah High School, then downstream of
the paper plant, is like looking at 2 different planets - not the same river.
When I teach on the river, the campers immediately notice the color and smell. The contrast between the pigeon and
other rivers they enjoy, like the Chattooga or the Nantahala, is unmistakable. They know about the paper plant, and
they can draw a straight enough line to know why the river is polluted. They feel the same burning on their skin that
I feel when I get off the river. When we get back to camp, or when I send them away, we all wash ourselves and our
equipment to limit our exposure. And we talk about how this is progress - that 30 years ago the conditions in the
Pigeon looked so much worse.
That's why I'm so confused and disappointed by the new draft permit. Loosening restrictions on Blue Ridge Paper
makes no sense since there is still so far to go to make the Pigeon the healthy and vibrant waterway it should be. I
want to see a Pigeon River that is cleaner, and is a resource flows to our brothers and sisters in Tennessee in the
same condition in which we in NC enjoy it in the upstream reaches, above the paper mill I don't want anyone to
have to wash their equipment after getting out of the river. I don't want children asking me why their sinuses burn
after they roll over in the whitewater. I would love it if people could actually consume the fish that came from the
river without being afraid for their health.
While the mill has provided jobs to the people of Haywood County, the pollution of the river limits its economic
utility downstream, both for the citizens of North Carolina and Tennessee. Outdoor Tourism and Recreation
contribute hundreds of millions of dollars to communities in Western NC. That number seems only likely to grow
as more people come to our wonderful mountains to enjoy our natural resources. The economy in WNC is not the
healthiest in the state, and I think it's irresponsible for the state and its citizens to fail to protect and improve the
natural resources responsible for maintaining and growing this crucial sector of our regional economy.
I am not here to demand that the mill close, but rather to demand that the state of North Carolina makes Blue Ridge
Paper do what we are all supposed to do - CLEAN UP AFTER OURSELVES. This draft permit and the loosened
restrictions are an example of a singular business entity being prioritized over the wealth and well-being of ordinary
people. I want to see the Pigeon cleaned up for the People of North Carolina, not made dirtier for the owners of the
Blue Ridge Paper Company.
Thank you,
Will Johnson
Brevard, North Carolina

From:
To:
Subject:
Date:
Kelly q
SVC DENR.publiccomments
[External] Blue ridge paper
Friday, April 30, 2021 12:11:54 PM
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attachment to Report Spam.
alking Points for the 2021 Draft Permit 000000272 for Pigeon River Pollution Discharge
This permit is unacceptable. It does not demonstrate the spirit of the Clean Water Act
NPDES permitting system in that it does not actually reduce pollution to the Pigeon River
during the next permitting cycle.
This permit in fact proposes an increase in the amount of chloroform, a dangerous toxic
and cancer causing chemical, used in the bleaching process. The daily maximum load of
10.5/Ib per day is enough chloroform to kill 321 people per day, in its concentrated form.
No wonder river guides suffer painful rashes and allergic reactions to being exposed to the
Pigeon's toxic waters.
This permit calls for a 17% increase in water taken from the Pigeon River at a time when
water resources across the globe are in jeopardy.
As an organization comprised of members who have regular direct contact with the Pigeon
River, members who are professional commercial river guides, members who are private
boaters and kayakers, swimmers, and fishermen, our representatives can tell you that the
color of the river is brown, dark and sweet tea colored on many days. The river smells like
the acrid papermill, all the way to Newport, Tennessee. One can observe foam and often
professional river guides deal with rashes and reactions to the many chemicals that
comprise the color pollution.
This permit calls for no changes to color pollution with no reductions being called for
whatsoever, a violation of the Clean Water Act and the 1997 Settlement Agreement
between downstream communities and the paper mill.
The proposed removal of this color variance is basically an admittance by the NC DEQ that
water quality standards are being met and no further reductions to color pollution are
required.
The color variance must not be dropped until color pollution is down to an annual average
of 20,000 pounds per day with daily maximum limits of 50,000 Ibs/day not 105,250 as
currently stated, which downstream communities have called for over 20 years. This permit
calls for a status quo of 36,000 pounds of color per day annual average, the same as the
previous permit cycle, which is not an improvement.
There are problems with attempts to assess the true color units downstream in Tennessee.

Members of CWEET has observed that testing for color at mile 24.7 Browns Bridge is
conducted 1.3 miles downstream of the actual TN/ NC State line. This provides significant
dilution to the Pigeon River from Big Creek and Tobes Creek. It has been observed that
testing occurs when the dam is operating below 600 cfs, not at the mimimum recreational
flow for whitewater rafting which is 1200 cfs. When water is measured below 600 cfs we can
observe that the majority of the water in the river is from Big Creek and Tobes Creek, not
actual flow from the main Pigeon River as the majority of polluted water is being held back
in Waterville Lake while the majority of water in the riverbed at flows of less than 600 cfs is
primarily from tributaries downstream of the Waterville dam. Downstream testing should
occur when the flows are operating an average recreational release ranging frois between
1200-2000 cfs which is the flow at which water color appears and smells worst. Measuring
water flow at Brown Bridge when the dam is not fully releasing the polluted water is simply
not an accurate measurement for color in TN. One can observe that the water is clean and
clear when the dam is releasing at small flows of 600 cfs or less and brown dirty and smelly
at releases of 1200 cfs or more.
Also, it has never been observed that the company contracted to measure color on the
Pigeon actually measures the water at the Pigeon River prior to mixing with Big Creek at
mile 26, as called for by the 1997 Settlement Agreement. It would require a boat to access
that flow of Pigeon River and Big Creek prior to mixing. We have never observed this type
of testing at this location taking place. It should be measured from a boat at the mouth of
the dam release for an accurate measurement, prior to mixing with Big Creek as dictated by
the 1997 Settlement Agreement.
The color variance must not be removed until downstream communities are satisfied with
the condition of the Pigeon River, which is currently not meeting all it's designated uses and
remains on the Tennessee 303d list for impaired rivers due to color pollution.
This draft permit ashamedly uses public health as a rationale for removing the color
variance stating that there has never been a public health advisory related to color in North
Carolina.
There is an advisory, however, issued for color in Tennessee. The fact is that the Pigeon
River is listed as impaired for color pollution by the state of Tennessee. Color is comprised
of toxic chemicals. Its is a public health issue for the hundreds of thousands of boaters who
are yearly exposed to full body contact with its toxic waters.
Blue Ridge Paper Products has requested an increase in water usage from 29.0 million
gallons per day to 34 million gallons per day. This is a 17% increase in water usage.
This increase should not be approved until an environmental assessment is conducted to
determine what the impacts would be on water quality.
Additionally the draft permit calls for an increase in chloroform usage from the current
limits of 5.1/Ib day monthy average to a proposed limit of 6.27 pounds per day monthly
average, which is a 22% increase in chloroform averaged monthly. As for daily maximums
allowed an increase from 8.6 lb/day 10.5/lbs per day daily maximum is also unacceptable.
That is a 22% increase of chloroform daily.

We know that chloroform is a dangerous toxic and carcinogenic chemical used in the paper
making process and increases of this type of pollution are unacceptable. In a world of
climate change and dwindling clean water resources the mill can and should become a
leader in marketing non -bleached paper products. Consumer demand for environmentally
friendly paper products is at an all-time high, and in the fast changing world of 2021, what
better time for the mill to become an innovative leader in marketing brown, not bleached
white paper products. Bright white paper is unnecessary and incredibly damaging to the
environment and without good reason.
The chloroform cannot be increased. If so, CWEET and the public will call upon the EPA to
again rescind this dirty permit.
It is time for the Pigeon River to be clean. It's time for our beautiful resource to be finally
protected after 115 years of pollution. The water that flows above the mill is crystal clear
and of high quality. We want the same crystal clear properties for the downstream
communities of Hartford and Newport that are enjoyed by users of the river upstream of
Blue Ridge Paper. Our whitewater rafting industry, our swimmers, our fisherman, our wildlife
and microbiology , and all future generations depend on clean water. Water is life. When
will the bureaucrats at NC DEQ remember that you cannot eat money?
Lets leave a legacy of tight regulations that actually protect our nation's waters and
decrease pollution until is eliminated! If not us, then who will?

From:
To:
Subject:
Date:
George Garrett
SVC DENR.Dubliccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 1:17:15 PM
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attachment to Report Spam.
H
Please act to keep the Pigeon river as clean as possible.
Ideally this resource should be clean enough for people to eat the fish, swim and recreate. It is
this way it is just upstream of the paper plant, as is Big Creek at the powerhouse. The Paper
Plant denies people these resources far far down stream of it. Why?
Thank you for your attention
George Garrett
2200 Unaka Springs rd
Erwin TN

From:
To:
Subject:
Date:
Joan Saffold
SVC DENR.publiccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 1:34:42 PM
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attachment to Report Spam.
Do not pass this permit. Chloroform is not needed nor wanted, we are already getting sick as it
is. People toss mangey dogs into the pidgeon to cure them. AND IT WORKS. The river reeks,
the color looks like crap, and the foam piles collecting all over it are disgusting. Ya11 had the
nerve to say the aesthetics were good. Let me take yall rafting so you can see it. Bring your
kids. It is so much fun. Please don't ruin what has been worked so hard on. No one will lose
their jobs if this permit doesn't pass. But so many will lose their therapy, food, excercise,
relaxation, and JOBS if you do pass it.
Sincerely,
Joan Saffold
A pissed off resident and river guide of cocke county Tennessee.

From:
To:
Subject:
Date:
Keep Cocke County Beautiful
SVC DENR.publiccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 1:41:25 PM
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attachment to Report Spam.
To Whom It May Concern:
Keep Cocke County Beautiful is not in favor of any variance that allows Blue Ridge Paper to
pollute our shared Pigeon River.
1. Our citizens use the Pigeon River for fishing, rafting and playing. The river's color, odor,
toxicity negatively impacts our enjoyment of the river.
2. Color: Part of the new permit removes the color variance, essentially finding that the color
of the river is normal and acceptable. It is not. The mill operations significantly changes the
color of the water, and improvements should continue to be a goal.
3. Fecal Coliform: The mill treats the town's sewage along with the mill's waste, and there
have been a number of instances in which there have been bacteria levels released that violate
state standards. The new permit should strive to prevent these releases given the large number
of people enjoying the river downstream.
4. Dioxin: A dangerous carcinogen that is still present in fish tissues in the Pigeon River
should be regularly tested for, however the new permit proposes to reduce testing.
5. Heated Releases: We know that warm waters are not as healthy, and the new permit should
reduce the significant temperature fluctuations allowed by mill discharges.
6. Forever Chemicals: Toxic pollutants called polyfluoroalkyl substances (PFAS) are used in
industries like pulp and paper packaging to enhance water-resistant properties of paper
products, do not biodegrade, often persist in organisms, and pose significant health concerns.
The more scientists learn about PSAS the more clear it becomes that chemicals that produce
PFAS should be tracked and when possible not discharged into waterways.
Dozens of speakers raised concerns on the April 14th virtual public hearing but we want to
make sure folks concerned about the long -blighted Pigeon River, often called the "Dirty Bird"

by us Cocke Countians who live downstream are being heard. In fact, this draft permit is as
weak as the one approved TWENTY YEARS AGO. This draft permit calls for no further
improvements. NC DEQ even proposes to loosen the limit on chloroform and DROP the long
standing "color variance," which has been the only acknowledgement that the Canton Mill
isn't meeting NC water quality standard for color!
This is an Environmental Justice issue —Haywood County, NC, which hosts Blue Ridge
Paper's massive mill, has had the benefit of over 1,000 high paying jobs and a median
household income of over $51,000/yr. But downstream Cocke County, TN, has faced
pollution of what should be its most valuable resource for tourism economic development —
the Pigeon River --and has a household income of only $36,000/yr. While DEQ dismisses
color as "only aesthetic", it IS associated with the level of chemical contaminants in the river,
contributing to bad taste, odor and even stinging eyes and rashes.
The tiny Pigeon River has been blighted for 113 years by the effluent of one of the Southeast's
largest pulp and paper mills. DEQ's proposed instream color standard is even weaker than the
one EPA proposed for North Carolina over 30 years ago, after regulators had allowed the
River to flow black and foamy for 80 years.
We simply want the Pigeon River to be clean and safe for people and aquatic life!
Sincerely,
Gretta Carr
Assistant Director
KCCB

From:
To:
Subject:
Date:
Justin James O"Neill
SVC DENR.publiccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 3:59:25 PM
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attachment to Report Spam.
To those that live upstream,
Why are we still debating on how much pollution should be allowed in our waters? Perhaps
it's time karma pay you all a visit.
Sincerely,
A Pigeon river guide and the hundreds of thousands of guests that go boating on the most
popular rafting destination in the country
Get Outlook for Android

From:
To:
Subject:
Date:
Amber Shouse
SVC DENR.oubliccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 4:11:26 PM
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attachment to Report Spam.
Dear Department of Environmental Quality,
I am writing you in regards to
Blue Ridge Paper's (DBA Evergreen Packaging Inc. in Canton, NC) 2021 Draft
Permit 000000272 for Pigeon River Pollution. You must dent this permit until and
unless the company agrees to stop polluting local waterways.
The Blue Ridge Paper Mill has been dumping toxic chemicals such as dioxin and
chloroform into the waterways of NC (near the TN border) that flow down into the
creeks and rivers of TN. The river that is most impacted is the Pigeon River in
Tennessee, and the community that is most impacted is Hartford, TN.
Hartford is a small town centered around whitewater rafting on the Pigeon River.
the Pigeon River is the most rafted river in the United States and one of the most
polluted in the United States. the pollution of this river by the paper mill has been
known for decades. the fish are not safe to eat. Cancer rates in the local area are
much higher than they should be. The pollution builds up at Waterville Dam on the
TN border and is released with the Dam water for rafting and energy production.
The color of the river is brown, dark, and sweet tea -colored on many days. The river
smells like the acrid papermill, all the way to Newport, Tennessee. One can observe
foam and often professional river guides deal with rashes and reactions to the many
chemicals that comprise the color pollution.
In the early 1990s, the town of Hartford was dubbed "Widowsville" by local
residents, because of the high rate of cancer in the area. Many of the residents
blamed the high cancer rate on the release of dioxin into the Pigeon River by the
bleaching process used at the paper mill.
A quick google search will reveal more info about this problem. You can also learn
more about pollution on the Pigeon River and local efforts to clean it up at :

https://www.cweet.org/ ( CWEET - Clean Water Expected for East Tennessee)
Testing is done by NC authorities and the Paper Mill themselves occurs
approximately 1.7 miles down from the Waterville dam on the Pigeon River, and
testing is only done on days when water is not being released. Thus, when the tests
are done, they are testing water that is primarily coming from Big Creek and Tobes
Creek into the Pigeon river, so that the tests do not capture the true toxicity level.
The paper mill has applied to renew its permit in NC. This permit calls for no
changes to color pollution. The paper Mills dumping of toxic chemicals into local
waterways is a violation of the Clean Water Act and the 1997 Settlement
Agreement between downstream communities and the paper mill.
I am a student and a long-time river guide on the Pigeon River. Please crack down
on this paper mill's violations and help us clean up the mess they made. please do it
for the hundreds of people who come into contact with this river daily. For the sake
of our local economy and health. And for the sake of the protected national forests
and forest reserves that the river is surrounded by.
Please do the right thing and prevent Blue Ridge Paper (DBA Evergreen. Packaging
Inc.) from being re -permitted until they can run their business without polluting
waterways. Please help us. I appreciate your consideration.
Thank you,
Amber Shouse

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Connie Toops
SVC DENR.publiccomments
[External] Blue Ridge Paper
Friday, April 30, 2021 8:44:52 AM
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As a resident of Madison County in western North Carolina, I am concerned about the long -
blighted Pigeon River downstream of Blue Ridge Paper Products. A pending draft permit calls
for no further improvements! Actually NC DEQ proposes to loosen the limit on chloroform and
DROP the long standing "color variance," which has been the only acknowledgement that the
Canton Mill isn't meeting NC water quality standard for color! This is not right and is
actually an Environmental Justice issue.
Haywood County, NC, which hosts Blue Ridge Paper's massive mill, has had the benefit of over
1,000 high paying jobs and a median household income of over $51,000/yr. But downstream
Cocke County, TN, has faced pollution of what should be its most valuable resource for
tourism economic development —the Pigeon River --and has a household income of only
$36,000/yr. While DEQ dismisses color as "only aesthetic", it IS associated with the level of
chemical contaminants in the river, contributing to bad taste, odor and even stinging eyes and
rashes.
The tiny Pigeon River has been blighted for 113 years by the effluent of one of the Southeast's
largest pulp and paper mills. DEQ's proposed instream color standard is even weaker than the
one EPA proposed for North Carolina over 30 years ago, after regulators had allowed the River
to flow black and foamy for 80 years! And DEQ wants to only monitor color twice a week,
allowing the Mill to select the timing between heavier releases. To only enforce on the basis
of a monthly average, instead of DAILY, as called for by River advocates, is completely
irresponsible, allowing major spikes of color to be averaged out.
If the draft permit is approved, the limit for releasing toxic chloroform would be weakened
(signaling the mill's increased production, which shouldn't even be legal!).
I urge you to reconsider the parameters necessary to protect the Pigeon River and include
them in this draft, and ultimately, the final regulations.
Sincerely,
Connie Toops
Marshall, NC

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daniel moss
SVC DENR.publiccomments
[External] Blue ridge paper
Friday, April 30, 2021 3:54:26 AM
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I have been a guide on the pigeon river for 3 years now I personally have alot of memories on
this, and I know many others do also, between all the events like live music and charity races
that happen on this river and all the money it brings in from tourism this is byfar one of the
most popular rivers in the country. Recently I've noticed a decline in the rivers condition
between the river bed being bleached by chemicals to foam with a horrible stench. This is both
bad for the ecosystem and bad for those of us that depend on this river to make money,
allowing more pollution on this river is only going to hurt people living downstream of the
dam.

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Rainie MacD
SVC DENR.publiccomments
[External] Blue Ridge Papermill permit
Friday, April 30, 2021 4:58:11 PM
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We have lived by the Pigeon for ten years. The river is nasty, stinky, foamy and black goo
collects on the rocks already. Our son raft guided and caught "river funk", a widely used raft
guide term for how their feet rot from the water. Gross and unnecessary, with untold future
impacts on his health. It's diseased river water now, I cannot imagine how bad it would be if
the permit is relaxed.
Our county depends on the revenue this vacation spot provides. The area struggles enough
without being the recipient of NC water filth.
This is probably the most unneighborly thing I've ever seen. Bless your little hearts.
Lorraine MacDonald
4149 Barnes Hollow Rd
Cosby TN 37722

From: Mark Jaben
To: SVC DENR.publiccomments
Subject: [External] Blue Ridgge Paper
Date: Friday, April 30, 2021 3:52:29 PM
Attachments: PastedGraphic-2.tiff
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Much of the comment so far has revolved around the economic benefit from the mill versus the downstream
affect on water, as if it has to be a one or the other proposition. There is no doubt the mill has been a huge
contributor to the county and the region. And there is no doubt water quality has been a large part of
Haywood County.
Many may not recall the river flowing chocolate brown with foam on the top, or recall the efforts in the mid
1990's to begin cleaning the river. The mill made significant investment in changing their process; the
power company agreed to schedule water releases below the power plant in Waterville; and a recreational
opportunity for paddlers and rafters spawned economic growth upstream and downstream. The mill
prospered, the power company met its mission, the communities benefitted.
In all of this, good stewardship of a shared public resource enabled a balanced use of the river. Haywood
County is unique in that all of its water originates within its borders. There is a long tradition here that
values this benefit and the responsibility that comes with it, including the responsibility to pass on to others
what we have benefitted from.
If the pandemic has taught us one thing, it is that health of all stripes are intimately entertwined- physical
health, emotional health, spiritual health, political health, and economic health. But it is now clear that
underpinning all of these aspects is public health. Early on there were significant concern that shutting down
the economy would have long-lasting, insurmountable impacts. What actually happened in Haywood
County is that enough people embracing the public health efforts to keep cases lower resulted in an
economic rebound that by year's end produced one of the best, if not the best, economic growth ever.
If we apply the same learning here, then continued improvement in water quality would lead to improved
economic growth for the county and the businesses that are here.
Good stewardship of the resources we are blessed to have has been and will continue to be the key to the
community's wellbeing- physically and economically. It does not have to pit one interest against another.
But it will take moving forward with improving water quality at a pace that is sustainable for those whose
use of the water benefits us as well. If everyone intends to continue improving water quality, then
monitoring becomes an essential tool to detect and correct situations when the water quality is being
impaired. Monitoring should be enhanced. As Ronald Reagan is credited with saying: trust, but verify.
The questions for this permitting process:
Do the current recommended provisions enable the continued good stewardship of our water? Will those
recommendations still allow those, who make use of the water, to figure out how to pursue their missions?
Does this move the community in the direction that realizes this shared commitment to the community's
success?
It does not have to be `either/or.' It can be `and.'
Mark Jaben, MD

Medical Director, Haywood County Health Department

From: Joe MacDonald
To: SVC DENR.oubliccomments
Subject: [External] Clean water for the Pigeon
Date: Friday, April 30, 2021 3:43:40 PM
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Hello,
My name is Joe MacDonald. I, and my family live along the Pigeon River in Cosby, Tn.
I am fully AGAINST this increase in the pollutants from the paper mill which will increase
the already nasty levels currently being let go.
The river is why we moved here.
The river is a huge source of income to my county.
Most of all.. dirty water sucks.
Please do not permit this proposal.
- Joe MacDonald & family.
4149 Barnes Hollow Rd,
Cosby, Tn. 37722

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Thomas Brooker
SVC DENR.publiccomments
[External] Evergreen Mill Operational Permit under CWA
Friday, April 30, 2021 8:34:49 PM
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Good Day 30 April 2021
I am writing these comments concerning the proposed oater quality permit for the continued
operation of the Evergreen Packaging mill in Canton, North Carolina.
I am a retired U.S. Corp of Engineers Biologist, now living at Lake Junaluska, NC. For 22
years I was involved in the review of Section 404 permits under the Clean Water Act. As a
senior reviewer in the state of Florida, (Jacksonville District) I had to make many difficult
decisions regarding water and wetland resources. I also taught the Public Interest portion of
Regulatory's course work.
The stated objective of the Clean Water Act is to "restore" and maintain the chemical,
physical, and biological integrity of the nation's waters. As you know the regulation of point
source discharges have been delegated to state agencies when appropriate, the overall Federal
objectives remain the same.
RESTORE — the waters of the Pigeon River have never been restored. Through hard work
they have been improved over previous conditions but never restored. As I understand the
permit decision, the permittee will be allowed to continue operating under the existing (ten
year old) standards. Since the river has not been "restored" I would hope periodic incremental
improvements would be expected.
OVERALL PUBLIC INTEREST — Interested parties should include the mill operators,
employees, the town's citizens. They must also consider the many people that live downstream
of the mill. The unfortunate truth is that while the Pigeon River has it's beginnings in one of
the most pristine areas in the Blue Ridge Mountains, Shinning Rock Wilderness, it becomes
one of the most polluted rivers in the area once it leave the mill. The River is unusable by the
public until it leaves the Waterville Lake. Basically the Canton Mill and its employees have
exclusive rights to use the river for their gain, while the rest of the community are left with an
unusable river.
I request that the permit NOT be extended until water quality performance criteria are
improved above those that were required ten years ago. There must be a continued effort to
improve the river's water quality until it is RESTORED, as required under the Clean Water
Act.
Stephen Brooker
120 Atkins Loop

Lake Junaluska, NC 28745
321-720-7254
[e-mail]

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Tiffany Frazier
SVC DENR.publiccomments
[External] Fwd: Blue ridge paper products
Friday, April 30, 2021 8:31:03 AM
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Forwarded message
From: Tiffany Frazier <cornsilk 13 @gmail.com>
Date: Fri, Apr 30, 2021, 8:25 AM
Subject: Blue ridge paper products
To: <[e-mail]>
These pollutants need to stop!! We live down stream in Tennessee and love our river. Rafting
is our biggest source of revenue for cocke county but nobody wants to get in a river that looks
and smells the way it does after the Blue Ridge Paper Products dumps their pollution in it.
Consider it if it was effecting you. Stop the pollution!!! #CLEANUP
SINCERELY,
TIFFANY FRAZIER

From: Charlotte Leibrock
To: SVC DENR.publiccomments
Subject: [External] New permit
Date: Friday, April 30, 2021 9:45:51 PM
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For over 45 years, I have waited to see consistently clean water in the Pigeon River; however, I remain
disappointed. Of course there are people who benefit from the paper mill's production, yet we downstream are
waiting for the prosperity a clean River would bring to us.
When the River is finally clean, we will see people wanting to build homes & businesses on its banks here, and there
will be many recreational activities on the River.
The company has done better, but it's time to do right by the River and the people waiting downstream for clean
water. May it be soon.
Sent from my iPhone

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Kim Brown
SVC DENR.publiccomments
[External] Paper plant
Friday, April 30, 2021 4:20:35 PM
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I WANT PROOF... NOT HEARSAY... LET YOUR FAMILY SWIM IN THAT RIVER AND
TELL ME IF YOU TRUST IT.. ..I WANT TO SEE W MY OWN EYES

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Steven Colombe
SVC DENR.publiccomments
[External] Pigeon River Dumping
Friday, April 30, 2021 2:30:09 PM
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The pigeon river is one of the most rafted rivers in the USA its sad knowing there is already
enough chemicals dump in every day to kill over 300 ppl by the paper plant and you want to
increase it thats horrific just because it runs out if your state doesnt mean its right or safe
A truly concerned Cocke County TN citizen

From: Jonathan Burtnett
To: SVC DENR.publiccomments
Subject: [External] Pigeon River problems
Date: Friday, April 30, 2021 2:46:16 PM
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I myself has experienced multiple infectionsAs well as chemical burns directly related to the cleanliness of the
water. On a warm day when the water is at its minimum release the river can we seen with piles of foam in it these
are the days then I can directly relate to these chemical burns and infections I believe it is a direct correlation of the
concentration of chemicals put in the river. Most of these pollutants I believe are from the Papermill, there are some
other pollutants from residence such a straight piping for septic or otherwise this is also on Acceptable and should
be addressed. It is not time to loosen ecological regulation it's time to tighten we're in the precipice of a clean river
and doing anything to inhibit that is going to damage the river damage the economy and damage the local
population.
Sent from my iPhone

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Chip Collins
SVC DENR.publiccomments
[External] Pigeon River Water Quality
Friday, April 30, 2021 2:08:24 PM
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Hello
My name is Chip Collins. I have been canoeing and kayaking the Pigeon river since 1976. The
water quality has vastly improved since then. As permitting is coming up for discharges
upstream I want to see present standards maintained, not reduced.
If anything, tighter standards for turbidity and color would be welcome.
I have a farm on Hyder Mountain, in Haywood County, NC. I wish I could enjoyably swim
and fish in the Pigeon but the color and odor presently make that an unpleasant option.
I have commercially crafted the Pigeon since 1989. The foam piles in Tennessee often drew
comments from rafting customers. We encouraged them to write letters to North Carolina.
It's almost a case of NIMBY, not in my back yard, as the paper plant generates employment
for Haywood County, but pollutes the water of Tennessee as far as recreation and a source of
potable water downstream.
Please do not relax or remove any present standards. If anything, exam enforcing more strictly
present standards ,- with NO variances.
Thank you,
William H. Collins "Chip"
1068 Lockman Lane,
Lincolnton, NC
704-308-5439
[e-mail]
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