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HomeMy WebLinkAboutNC0089702_Draft Permit_20180124Water Resources ENVIRONMENTAL QUALITY January 24, 2018 Brandon Yancy, Director of Construction Terwilliger Pappas Multi -Family Partners LLC 510 Glenwood Avenue, Suite 317 Raleigh, North Carolina 27603 Dear Mr. Yancy: ROY COOPER Governor MICHAEL S. RAGAN Secretary LINDA CULPEPPER latenat Du ector Subject: Review of Permit Draft NPDES NCO089702 Proposed Solis Brightleaf Apartments - Brownfields Groundwater Excavation Dewatering — Class PC -1 1001 West Main Street, Durham Durham County In response to your application to discharge to surfaces waters of the State (received June 01, 2017), the Division of Water Resources (DWR or the Division) hereby transmits this draft permit for your review and comment. Please review this document to assure your understanding of permit limits and monitoring conditions, and to correct errors, if any. Concurrent with this notification, the Division will solicit public comment by publishing a notice in newspapers having circulation in the general Durham County area, as required by the NPDES Program. Please provide your written comments, if any, to me via email Uoe.corporon@ncdenr.gov] or by writing to my attention care of DEQ / DWR / NPDES Program no later than February 26, 2018, approximately 30 days after receiving this draft. Your written comments are welcome but are not mandatory. The Division understands that you propose to develop several contiguous real estate parcels into a 1.45 -acre apartment complex with subterranean parking. Proposed excavation dewatering will discharge to a local stormdrain under zero -flow receiving -stream conditions (7QIO/30Q2 = 0.0 cfs). The Division concurs that this discharge alternative is the most viable based on feasibility and cost, as outlined in your Engineers Alternatives Analysis (EAA). We have included text in this permit detailing your requirement to submit monthly Discharge Monitoring Reports (DMRs) electronically, in accord with the electronic Discharge Monitoring Report (eDMR) program [see permit section A. (3.)]. However, please note that until the state's eDMR application is approved compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), all permittees must temporarily submit monthly hardcopy of DMRs as backup to eDMR reporting. Following the mandatory 30 -day public comment period for the draft, the Division will review all pertinent comments and take appropriate action prior to issuing your NPDES permit final. If you have questions concerning this draft, please e-mail me or call my direct line (919) 807-6394. Enclosure: NPDES Permit NC0089702 x he. NPDES Program Files [draft permit and Fact Sheet] ec: RRO / SWPS• Danny Smith [draft permit, Fact Sheet] ATU Susan Meadows [draft permit and Fact Sheet] OCU. Maureen Kinney [draft permit and Fact Sheet] ag NPDES Permit NCO089702 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NZDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Terwilliger Pappas Multi -Family Partners LLC is hereby authorized to discharge wastewater from a facility located at the Solis Brightleaf Apartments - Brownfields Excavation Dewatering / Groundwater Remediation (GW -REM) 1001 West Main Street, Durham 27701 Durham County to a receiving waterbody designated as an unnamed tributary (UT) to Ellerbe Creek, within the Neuse River Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective , 2018. This permit and the authorization to discharge shall expire at midnight on June 30, 2023. Signed this day 92018. Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 NPDES Permit NCO089702 SUPPLEMENT TO PERMIT COVER SHEET Terwilliger Pappas Multi -Family Partners LLC is hereby authorized to: 1. construct and operate a 0.00005 MGD contaminated groundwater treatment system for excavation -dewatering and/or groundwater recovery/remediation (GW -REM) consisting of skid -mounted treatment components including, but not limited to • sump pump • influent holding tank (300 -gallon) • transfer pump • bag filter • ion -exchange resin tank • two (2) each liquid -phase carbon canisters (LP -55) • totalizing flowmeter • effluent sample port • appurtenant discharge piping to local storm -sewer these facilities located at the Solis Brightleaf Apartments - Brownfield Excavation Dewatering/Groundwater Remed;ation (GW -REM), 1001 West Main Street, Durham, Durham County; and 2. discharge from said treatment works via Outfall 001 to the Durham storm -sewer, a location specified on the attached map, flowing ultimately into an unnamed tributary (UT) to Ellerbe Creek [Stream ID number 27-5-(0.3)], a waterbody currently designated Class WS -V; NSW Subbasin 03-04-01 [HUC: 03 020201 ] of the Neuse River Basin, and 3. after applying to the Division to modify this permit, and after notifying the Division's Raleigh Regional Office (RRO), construct and operate permanent treatment system(s) for facility dewatering, to be used in support of structures constructed below the groundwater surface (system design, components, flow and discharge location to be determined). Page 2 of 8 NPDES Permit NCO089702 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until the construction phase is completed, the Permittee is authorized to discharge via Outfall 001. Such discharges shall be limited, monitored 1 and reported 2 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS [Parameter Code] Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency 3 Flow (MGD) 50050 0.00005 1 0.00005 Continuous Recording Effluent pH 00400 Not < 6 0 or> 9 0 s. u Weekly Grab Effluent Total Suspended Solids (TSS) C0530 Weekly Grab Effluent Tetrachloroethylene (PCE) 3 78389 3 3 µg/l, 3.3 µg/L Weekly Grab Effluent Total Chloride (NaCl or Mg + Ca) 00940 230 mg/L 230 mg/L Weekly Grab Effluent Total Arsemo 01002 150 µg/L 340 µg/L Monthly Grab Effluent Total Cadmium 3 01027 0 15 µg/l, 0 82 µg/L Monthly Grab Effluent Chromium VI 3 01032 11 µg/L 16 µg/L Monthly Grab Effluent Total Chrormum3 01034 24 µg/L 180 µg/L Monthly Grab Effluent Total Copper (µg/L) 3 01042 2 7 µg/L 3 6 µg/L Monthly Grab Effluent Total Lead (µg/L) 3 01051 0 54 µg/L 14 µg/L Monthly Grab Effluent Total Selenium 3 01147 5 µg/L 5 µg/L Monthly Grab Effluent Total Zinc (µg/L) 3 01092 36 µg/L 36 µg/L Monthly Grab Effluent Total Nickel (µg/L) 3 01067 16 µg/L 140 µg/L Monthly Grab Effluent Total Fluoride 3 00951 1,800 µg/L 1,800 µg/L Monthly Grab Effluent Total Hardness (mg/L) 3 00900 100 mg/L 100 mg/L Monthly Grab Effluent CaCO3 or Ca + M Total Mercury COMER 0 012 µg/L 0 012 µg/L Monthly Grab Effluent Biochemical Oxygen Demand C0310 Monthly Grab Effluent (BOD- 5 day) mg/L Total Kjeldahl Nitrogen (TKN) 00625 Monthly Grab Effluent Organics, Purgeable VOCs 4 76029 Monthly Grab Effluent (EPA -624) (µg/L) Base Neutrals & Acids q Semi 76028 Monthly Grab Effluent -VOCs (EPA -625) (µg/L) Whole Effluent Toxicity -Acute 5 TA 46C Monthly Grab Effluent See Footnotes, next page Page 3 of 8 NPDES Permit NCO089702 Footnotes: 1 The Permittee shall maintain onsite, available for DWR inspection, sampling logs and laboratory analyses of internal sampling activities conducted to evaluate performance and to verify treatment -component contaminant breakthrough. 2. Beginning on the effective date of this permit, the Permittee shall submit monthly Discharge Monitoring Reports (DMRs) electronically using the Division's eDMR application system [see Condition A. (3.)]. Until the state's eDMR application is approved compliant with EPA's Cross - Media Electronic Reporting Regulation (CROMERR), DMR hardcopy must be submitted as backup to eDMR reporting. 3. After securing a minimum of twelve (12) sample analyses (collected no more frequently than 2/1\4onthly), the Permittee may petition the Division to reevaluate parameter monitoring frequency and/or permit limits, as data may warrant. 4. For eDMR reporting of this test method, the Permittee shall enter "1" [1 = Yes (Y)] if detected, and "0" [0 = No (N)] if not detected. Parameters detected by this test method shall be recorded in the eDMR "Comments" section, to include the compound and its reported concentration. Laboratory analytical reports apply a practical quantitation level (PQL) sufficiently sensitive given the parameter's SWQ standard, and results shall be kept on file in accordance with records retention requirements, Part II. Section D of this permit. 5. Whole Effluent Toxicity (WET) Test, - Acute, 24-hour Pass/Fail (Monthly) is required using species Pimephales promelas [TGE3E]. If WET testing fails, the Permittee shall continue monitoring Monthly until "Pass" in accord with permit Section A. (2.), paragraph 2. A. (2.) ACUTE TOXICITY - PASS/FAIL LIMITED (Monthly) [NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests on a monthly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity in a Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall be performed as a Mysid Shrimp (Mysidopsis bahia) 24-hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of March, June, September, and December. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final affluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the month in which it was performed, using the parameter code TGE3E. Additionally, DWR Form AT -2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Page 4 of 8 NPDES Permit NC0089702 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to momtor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three-month tune interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. USE OF A DIFFERENT TEST ORGANISM The permittee may request the use of a different test organism upon documentation that the alternate test organism would provide an equal or greater level of protection and is appropriate based on the characteristics of the discharge and receiving stream. Such documentation would consist of one of the following: 1. For saltwater classified streams, a fathead minnow may be assigned as the acute testing species if the salinity of the receiving stream at the point of discharge is <5 ppt throughout the tidally influenced cycle This determination maybe based on the best professional judgment of DWR staff or data collection provided by the permittee and approved by DWR staff. This evaluation should include vertical profiles of salmity/conductivity measurements at both high tide and low tide over several 24 -hr cycles. 2. Three (3) consecutive "side-by-side" tests with results indicating that the alternate test organism is as or more sensitive to the facility's effluent Each test series would consist of two separate toxicity tests conducted on the same sample of effluent with the length of exposure specified by the permit, the only difference between the tests being the organism used. 3. An alternate plan developed by the permittee and approved by the Aquatic Toxicology Unit that demonstrates an equal level of protection is offered by the test organism. For items 2 and 3, it must also be demonstrated that viable and standardized culture techniques are available for that organism and standardized testing methodologies have been developed and validated. This demonstration should meet guidance provided by EPA in Section 6 of EPA -821-R-02-012, "Short Term Methods for Estimating the Acute Toxicity of Effluents and Receiving Waters to Freshwater Organisms, Fifth Edition 2002." Requests to use a different test organism and supporting documentation should be sent to North Carolina Division of Water Resources, Water Sciences Section (at the address listed above). Page 5 of 8 NPDES Permit NCO089702 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federai regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11. • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Page 6 of 8 NPDES Permit NC0089702 Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: 21. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: h":Hdeq.nc.gov/about/divisions/water-resources/edmr Page 7 of 8 NPDES Permit NC0089702 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htt-P:Hdeq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that !his document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 8 of 8 DURKW _fes AREA SHOWN WITHIN' fit, DURHAM COUNTY F• - DISCHARGE FROM CITY STORM SEWER SYSTEM TO UNNAMED TRIBUTARY TO ELERBEE CREEK (36'00'20.9" N, 78°54-20" W) BURCH AVE - f— EXUM Sr z / W CHAPEL�NILL ST j /I Sl - TA , i g CONTOUR INTERVAL = 10 FEET (w � I 0 ' ] .L DISCHARGE POINT INTO CITY STORM SEWER SYSTEM (OUTFALL 001) I TOPOGRAPHIC SITE MAP WITH DISCHARGE POINTS SOLIS BRIGHTLEAF APARTMENTS 1001-1005 W. MAIN STREET 1006-1016 W. PEABODY STREET DURHAM, NORTH CAROLINA DRAWN BY. DATE: MAY 2017 CHECK: K: JOB 000132807.01 ENG. CHECK: GIS NO: 04G -000R2807.01-1.2 APPROVAL: DWG NO: 1 Q �,s-tom`,• J '3 Q .47 ?47 'N .,.F.... _on W j REFERENCES: 1. SOUTHWEST DURHAM AND NORTHWEST DURHAM, NC DIGITAL RASTER GRAPHICS, USGS. SCANNED FROM 1:24,000 -SCALE SOUTHWEST DURHAM AND NORTHWEST DURI IAM. NC SCALE: 1:12,000 TOPOGRAPHIC MAP, PUBLISHED 2019, USGS. 2. INSET MAP DIGITAL DATA FROM 2002 NATIONAL TRANSPORTATION ATLAS, Feet BUREAU OF TRANSPORTATION STATISTICS. WASHINGTON, D.C- nAn 3. PROPFRTY BOUNDARY DATA FROM DURHAM COUNTY GIS. 0 1 ,D00 2,000 M i o Atlantic E•c-��^r�� - :--: . s• - TOPOGRAPHIC SITE MAP WITH DISCHARGE POINTS SOLIS BRIGHTLEAF APARTMENTS 1001-1005 W. MAIN STREET 1006-1016 W. PEABODY STREET DURHAM, NORTH CAROLINA DRAWN BY. DATE: MAY 2017 CHECK: K: JOB 000132807.01 ENG. CHECK: GIS NO: 04G -000R2807.01-1.2 APPROVAL: DWG NO: 1