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HomeMy WebLinkAboutNC0089702_Draft Permit_20211012 eta ROY COOPER r I _f TY • ELIZABETH BISER 4Ort . Secretary " S. DANIEL SMITH NORTH CAROLINA Environmental Quality October 12, 2021 Terwilliger Pappas Multi-Family Partners LLC 510 Glenwood Avenue, Suite 317 Raleigh,North Carolina 27603 c/o Daniel H. Nielsen,PE, RSM,LEED-AP Vice-President,Principal Engineer MID-ATLANTIC ASSOCIATES, INC. 409 Rogers View Court I Raleigh,NC 27610 Subject: Draft Review-Modification to Increase Flow NPDES Permit NC0089702 Solis Brightleaf Apartments (SBA) Structure Dewatering and Treatment System PCSC Grade PC-1 1001 West Main Street, Durham Durham County Mr. Nielsen: 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 acknowledges receiving(on September 7, 2021)your request to increase the existing flow limit for the subject permit on behalf of Solis Brightleaf Apartments (SBA). The subject dewatering system is supported by regular treatment generating a discharge to Surface Waters of the State. Considering SBA's reported discharge flow record to date,the Division hereby grants an increase in permitted flow from 0.0065 to 0.014 MGD. Please note that we have updated the text in permit Condition A. (4.)ELECTRTONIC REPORTING.NPDES Standard Conditions (Parts II, III,and IV) are part of this permit,but are not included in this draft [cover letter,map, and Part I only]. The latest version of Parts II, III,and IV are available at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file. This permit and authorization to discharge shall expire at midnight on June 30, 2023. If SBA desires to continue this permit, a renewal application must be submitted no later than January 31, 2023 (180 days prior to permit expiration). North Carolina Department of Environmental Quality I Division of Water Resources . ),C\.9 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617-919.707.9000 Daniel H.Nielsen,Principal Engineer Consultant to Terwilliger Pappas Multi-Family Partners LLC Permit MOD-Draft Review October 2021 Page 2 of 2 Please be advised that,because a flow-limit increase renders this permit"less stringent,"by Rule this modification requires Public Notice. We have concurrently therefore submitted this draft to local newspapers have circulation in the general Durham County area,as required by the Program. Following the mandatory 30-day Public Comment period,the Division will review all pertinent comments, if any,and take appropriate action prior to issuing an NPDES permit final. Please submit your written comments (if any),to my attention,NCDEQ/DWR/NPDES no later than November 15, 2021 (approximately 30 days after receiving this document). We welcome your written comments, but they are not mandatory. If you have questions,please email me at[joe.corporon@u,ncdenr.gov]. In support of mandated emergency response to Covid 19,most of NC state government currently functions remotely, therefore correspondence via email is preferred. Respectfully, Joe R. Corpor n P.G. DEQ/DWR NPDES Permitting Enclosure: NPDES Permit NC0089702 (draft MOD to increase flow) ec: NPDES Program Files RRO/SWPS:Vanessa Manuel ATB:Zack Thomas,Cindy Moore OCU:Maureen Kinney RRO Water Supply NPDES Permit NC0089702 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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 This permit and the authorization to discharge shall expire at midnight on June 30, 2023. Signed this day S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 NPDES Permit NC0089702 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 authorityto operate and discharge from this facilityarises under the P g permit conditions,requirements,terms,and provisions included herein. Terwilliger Pappas Multi-Family Partners LLC is hereby authorized to: 1. continue to operate a 0.014 MGD dewatering treatment system in support of structures advanced below the natural groundwater table consisting of: • sub de 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, 1001 West Main Street,Durham,Durham County; and 2. discharge from said treatment works via Outfall 001 (a non-oxygen-consuming waste)to the Durham City storm-sewer[under zero-flow receiving-stream conditions],at a location specified on the attached map,this discharge ultimately flowing to 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 7 NPDES Permit NC0089702 PART I A. (1.) 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 permit expiration,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 Monthly Daily Measurement Sample Sample [Parameter Code] Average Maximum Frequency Type Location Flow(MGD) 50050 0.014 0.014 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) Effluent [CaCO3 or Ca+Mg] 00900 Quarterly Grab Downstream 3 Total Mercury COMER 0.012 µg/L 0.012 µg/L Quarterly Grab Effluent Whole Effluent Toxicity-Acute 4 TGE6C Quarterly Grab Effluent Footnotes: 1. 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 treatment 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.(4.)]. 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 7 NPDES Permit NC0089702 A. (2.) ACUTE TOXICITY—PASS/FAIL LIMITED (Quarterly) [NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests Monthly using protocols defmed 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).Monitoring shall be performed using Fathead Minnow (Pimephales promelas)24-hour static test.The effluent concentration at which there may be at no time significant acute mortality is 90%(defmed as"treatment two"in the procedure document). Effluent sampling for this testing must be obtained during a representative effluent discharge. Sampling shall be performed at the NPDES-permitted final effluent discharge below all treatment processes. Should any single monthly monitoring indicate a failure to meet specified limits,the Permittee shall immediately contact the Aquatic Toxicology Branch,attention Hannah Headrick;and monitoring shall begin on each subsequent discharge until a single test is passed.Upon passing,this test requirement shall revert again to Monthly monitoring. 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 TGE6C. 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,North Carolina 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.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 monitor 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 time 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. Page 4 of 7 NPDES Permit NC0089702 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)l 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. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported via the eDMR system no later than the last calendar day of the month following the completed reporting period. 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 7 NPDES Permit NC0089702 Starting on December 21,2025,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: https://www.federalregister.gov/documents/2015/10/22/2015- 24954/national-pollutant-di scharge-elimination-system-npdes-electronic-reporting-rul e 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: http://deq.nc.gov/about/divisions/water-resources/edmr Page 6 of 7 NPDES Permit NC0089702 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 11, 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://deq.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 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 7 • ti : . - ivi Art n -, r tJ�- %, a� • a, , . • i j F sbyter1:1 c hti _t ',Au�•7 --�:a s�AN , a . t k . a S 0 I •1nr-r✓aA.vr•-1 a'Ave " '�.. • y ,. '4' , - ..Ar' • .Alyyt �, � •'^".." S' 16•AUay �_!~ 4.......,lir l A� . ( Ave �:: � Ria`Avs - ,, • gym. i +� nllipum: � <° a. ^Durham Sr ool "' t7A - + , of the Arts e� , ..7 -_- ' ; West Main Streetii, . ` ''5 - _II 'I�. - .Fr w.ti i r j •me ' •i - ,, w:a ration, }. \ . - ^- _ • .Lam• aliAb ..`! '•' �a .:,. �" Outfall 001 f4ti City toof Durham storm sewer Po � y • , . f ' 1. a (flows E to UT to Ellerbe Creek) `„ �F ` I. 1,* 4. tip +r *, , est M Street �. .` , m°.. I.' ft. `.. * 0 ' /I 4 ' Ivelti �. —son'Ave�- g : fI`r ' Approximate property r!�o(_ $ ,.` . � % ,3„ h R, e � j boundary w,, '- r West Peabody r ~` �, a Mr ♦ 6. 1. er. Street , 7 . , ,t.„ SurehaZ I 6 4 i M NCH 147 :t Ca e i 0 s �` « O. - -le t ti,:- i r- , �, lr .., _ W Ghapelu"iflLs Terwilliger Pappas Multi-Family Apartments LLC Facility * dba Solis Brightleaf Apartments Location 1001 W. Main Street, Durham not to scale Latitude: 36°00'21"N Longitude: 78°54'20"W Stream Class: WS-V;NSW Receiving Stream: UT to Ellerbe Creek Stream Segment: 27-5(0.3) State Grid: D23NW Drainage Basin: Neuse River Basin Sub-Basin: 03-04-01 NPDES Permit NC0089702 HUC: 03020201 USGS Quads: SW Durham,NC North How:0.0065 MGD Durham County L r • it ^ A 1 j r .,, i 1 rA"vi" DISCHARGE FROM CITY N i I STORM SEWER SYSTEM , L TO UNNAMED TRIBUTARY ° "10 `R� E 1 i'. TO ELERBEE CREEK s.Z�_"� DURHAM n (36'00'20.9"N, 78°54'20"W) r r -- • - �r f. AREA SHOWN MHO? ���� • f'-stk. DURHAM COUNTY 1 Bus r ` - i L f 70 DISCHARGE POINT INTO CITY STORM 1 • ,. .. ,r ` 44' SEWER SYSTEM �' --4�•;1 • '�� • �•� 4 c \ (OUTFALL 001) Q -.�Q • BURCH AVE, ... ;,,. %^,r �, ; EXUM sr tel /W CHAPEOHILL ST Ij :'c� sT F ILw - '4> - 1/4/ 4 1:t V --I t., _J _://' SITE .3\Q • ``,•,_ Q H 1 ,o CONTOUR INTERVAL= 10 FEET Si a Q i REFERENCES: 1.SOUTHWEST DURHAM AND NORTHWEST DURHAM,NC DIGITAL RASTER GRAPHICS, USGS.SCANNED FROM 1:24.000-SCALE SOUTHWEST DURHAM AND NORTHWEST DURHAM,NC SCALE: 1:12,000 TOPOGRAPHIC MAP.PUBLISHED 2013,USGS. 2INSET MAP DIGITAL DATA FROM 2002 NATIONAL TRANSPORTATION ATLAS, J Feet i BUREAU OF TRANSPORTATION STATISTICS.WASHINGTON.D.0 111=11. 3.PROPERTY BOUNDARY DATA FROM DURHAM COUNTY GIS. 0 1,000 2,000 1 I TOPOGRAPHIC SITE MAP DRAWN DATE: WITH DISCHARGE POINTS BY' MAY 2017 DRAFT JOB NO: s" I( ' Atlantic SOLIS BRIGHTLEAF APARTMENTS CHECK: 000R2807.01 E•.r-«-^I It- -„ s. •, . 1001-1005 W. MAIN STREET ENG. GIS NO: 1006-1016 W. PEABODY STREET CHECK: 04G-000R2807.01-1.2 DURHAM, NORTH CAROLINA APPROVAL: DWG NO: 1 I