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HomeMy WebLinkAboutNC0089702_Permit Modification_20200716DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Envimnmeltta1 QU12111y 7/16/2020 Daniel H. Nielsen, PE, RSM, LEED-AP Vice -President, Principal Engineer MID -ATLANTIC ASSOCIATES, INC. 409 Rogers View Court I Raleigh, NC 27610 Representing: Terwilliger Pappas Multi -Family Partners LLC 510 Glenwood Avenue, Suite 317 Raleigh, North Carolina 27603 Subject: Modification of NPDES Permit NCO089702 Solis Brightleaf Apartments (SBA) Dewatering Treatment System — WW Class PC-1 1001 West Main Street, Durham Durham County Dear Mr. Neilson: The Division of Water Resources (the Division or DWR) hereby issues the attached NPDES permit update for the subject facility. We issue this pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. The Division understands that you have developed the subject apartment complex to include subterranean parking in need of regular dewatering and effluent treatment for discharge to surface waters of the State. DWR issues this modification (MOD) per your request received April 7, 2020 on behalf of Solis Brightleaf Apartments (SBA), as provided by the active permit (effective October 1, 2019). Because this MOD is allowed by the active permit, additional Public Notice is not required. Reasonable Potential Analyses (RPAs) / Project Review. We acknowledge your request to review effluent monitoring and analytical results that may warrant revision. As part of our review, the Division applied Reasonable Potential Analyses (RPAs) to new data submitted. Based on this review, DWR hereby grants the following: Permit Modifications 1. Discontinued monitoring for Tetrachloroethylene (PCE) based on RP 2. Discontinued monitoring for Trichloroethylene (TCE) based on RP 3. Discontinued monitoring for Total Kjeldahl Nitrogen (TKN) based on RP 4. Discontinued monitoring for the metals Arsenic, Cadmium, Chloride, Copper, and Chromium VI and Zinc based on RP North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 — 919.707.9000 DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B Daniel H. Nielsen, Principal Engineer Consultant to Terwilliger Pappas Multi -Family Partners LLC Issuance of Permit Modification, July 2020 Page 2 of 2 5. Discontinued monitoring for Total Chromium based on RP 6. Discontinued monitoring for Fluoride based on RP 7. Discontinued monitoring for VOCs (EPA-624) and Semi-VOCs (EPA-625 based on no parameters detected. 8. Discontinued monitoring for Biochemical Oxygen Demand (BOD,5-day) based on RP 9. Considering Total Mercury- Because the new Hg database shows reasonable potential to exceed its surface water -quality Standard [max predicted 19 ng/L], Hg continues as limited in the permit (12 ng/L). However, considering that Hg analyses were reported below its Standard, and that this facility does not otherwise generate Mercury but finds it in groundwater influent to the treatment system, we have reduced monitoring for Total Mercury from Monthly to Quarterly. 10. Reduced monitoring for Total Hardness from Monthly to Quarterly consistent with similar facilities statewide. 11. Updated facility description (see Supplement to Permit Cover Sheet) 12. Updated eDMR text consistent with current policy (see section A. (3). 13. Updated WET testing text; reduced monitoring from Monthly to Quarterly, consistent with similar facilities. In contrast to the above, analytical databases provided for Lead and Selenium suggest reasonable potential for each to exceed its respective surface water -quality Standard. Therefore, the following are required for renewal: • Total Selenium — continue monitor Monthly with limit, • Total Lead — continue monitor Monthly with limit. Please find the attached permit change -pages reflecting the above. Please insert these new pages into the active permit and discard the old pages. Dissolved Metals Standards. EPA approved NC 2015-2019 Water Quality Standard (WQS) Triennial Review to include new chronic and acute dissolved standards for most metals. Further, the freshwater standards for several metals are expressed as the dissolved form of the metals, and seven metals have hardness -dependent equations. As a result, the NPDES Permitting Unit will need both site -specific effluent hardness and receiving -stream hardness data. Hardness Monitoring. Effluent hardness monitoring frequency is reduced from Monthly to Quarterly. Because this site discharges to a storm sewer, upstream data collection is not feasible. Therefore, the Permittee shall collect downstream hardness Quarterly at the first -encountered named waterbody, as practicable. [See section A. (1.)]. DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B Daniel H. Nielsen, Principal Engineer Consultant to Terwilliger Pappas Multi -Family Partners LLC Issuance of Permit Modification, July 2020 Page 2 of 2 This permit and authorization to discharge shall expire at midnight on June 30, 2023. If the permittee intends to continue to discharge at the facility beyond the permitted term, a renewal application must be submitted no later than January 31, 2023 (180 days before the expiration of this permit). Please note that this permit is not transferable except after notice to the Division. The Division may modify, revoke, and/or reissue this permit. This permit does not affect your legal obligation to obtain other permits required by the Division of Water Resources, the Division of Land Resources, the Coastal Area Management Act, or any other Federal or local government. If you have any questions, or if we may further assist you, please email Joe R. Corporon, L.G. at [i oe.corporonkncdenr.gov]. Sincerely, DocuSigned by: 8328B44CE9EB4A1... S. Daniel Smith, Director Division of Water Resources Enclosure: NPDES Permit NC0089702 (issuance of permit update) ec: NPDES Program Files RRO / SWPS: Vanessa Manual ATU: Hannah Headrick OCU: Maureen Kinney RRO Water Supply DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B NPDES Permit NCO089702 Class PC-1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NEDES) 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 remediated wastewater from facilities located at the Solis Brightleaf Apartments Subterranean Structure Dewatering and Effluent Treatment System 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 becomes effective September 1, 2020 This permit and the authorization to discharge shall expire at midnight on June 30, 2023. Signed this day July 16, 2020 DocuSigned by: 8328B44CE9EB4A1... S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B NPDES Permit NCO089702 Class PC-1 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Terwilliger Pappas Multi -Family Partners LLC is hereby authorized to: 1. continue to operate a 0.0065 MGD groundwater treatment system for dewatering of sub terranean structures consisting of: • subgrade collection/settling sump • submersible pumps (primary and backup) • ion -exchange resin filters • liquid phase carbon filters • influent and effluent sample ports • totalizing flow meter • appurtenant discharge piping to local storm -sewer these facilities located at the Solis Brightleaf Apartments Subterranean Structure Dewatering and Effluent Treatment System, 1001 West Main Street, Durham, Durham County; and 2. discharge from said treatment works via Outfall 001 to the Durham City storm -sewer [zero -flow receiving -stream conditions], at a location specified on the attached map, discharge ultimately into an unnamed tributary (UT) to Ellerbe Creek [Stream ID number 27-5-(0.3)], a waterbody currently Classified WS-V; NSW within Subbasin 03-04-01 [HUC: 03020201] of the Neuse River Basin. Page 2 of 8 DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B NPDES Permit NCO089702 Class PC-1 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.; 15A NCAC 08G .0302, Phys/Chem Grade PC-1 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 CHARACTERISTICS [Parameter Code] LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow (MGD) 50050 0.0065 0.0065 Continuous Recording Effluent pH [standard Units] 00400 Not < 6.0 or > 9.0 s. u. Monthly Grab Effluent Total Suspended Solids (TSS), mg/L C0530 Monthly Grab Effluent Total Lead 01051 13.88 µg/L 347.4 µg/L Monthly Grab Effluent Total Selenium 01147 5.0 µg/L 56 µg/L Monthly Grab Effluent Total Hardness (mg/L) [CaCO3 or Ca + Mg] 00900 Quarterly Grab Effluent, 3 Downstream Total Mercury COMER 0.012 µg/L 0.012 µg/L Quarterly Grab Effluent Whole Effluent Toxicity -Acute 4 TGE6C Quarterly Grab Effluent Footnotes: Monitoring: The Permittee shall maintain sampling logs onsite for a minimum of three (3) years, available for DWR inspection, to include laboratory analyses of internal sampling conducted to evaluate performance and to verify treatment -component contaminant breakthrough. 2. Beginning on the permit effective date, the Permittee shall submit monthly Discharge Monitoring Reports (DMRs) electronically using the Division's eDMR application system [see Condition A. (3.)]. 3. Downstream: considering this discharge flows to a storm sewer, an upstream sample is likely not feasible. Therefore, collect this sample downstream at the first -encountered surface tributary to a named waterbody considered waters of the state, as maybe practicable. 4. Whole Effluent Toxicity (WET) Test, Quarterly, Acute, 24-hour static test, Pass/Fail is required using species Fathead Minnow (Pimephales promelas) [see A. (2.)]. Page 3 of 8 DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B NPDES Permit NCO089702 Class PC-1 A. (2.) ACUTE TOXICITY — PASS/FAIL LIMITED (Quarterly [NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests on a quarterly 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 Fathead Minnow (Pimephales promelas) 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 February, May, August, and November. 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 effluent discharge below all treatment processes. The parameter code for Pimephales promelas is TGE6C. All toxicity testing results required as part of this permit condition will be entered electronically using the Division's eDMR system for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT-2 (original) is to be sent to the following address: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Or, results can be sent to the email, ATForms.ATB@ncdenr.gov. 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. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. 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 any month, 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 monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above 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. Page 4 of 8 DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B NPDES Permit NCO089702 Class PC-1 A. (4.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS [G.S. 143-215.1 (b)] Federal 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.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] 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. The eDMR system may be accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr. 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 following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 5 of 8 DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B NPDES Permit NC0089702 Class PC-1 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: hgps://www.federalre ig ster.gov/documents/2015/10/22/2015- 24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule 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: hqp:Hdeq.nc.gov/about/divisions/water-resources/edmr Page 6 of 8 DocuSign Envelope ID: 1AA9D2A9-1D63-4F24-800A-319E37BD859B NPDES Permit NC0089702 Class PC-1 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(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: http://deg.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: 7 certify, under penalty of law, that this 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 7 of 8