NC0089702_Draft Permit_20231011

ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICHARD E. ROGERS, JR
Director
Brightleaf Durham Associates, LLC
Brightleaf on Main
1001 West Main Street
Durham, North Carolina 27701
c/o Kevin R. Clay, PG, Project Geologist,
Mid -Atlantic Associates, Inc.
409 Rogers Court, Raleigh, NC 27610
Mr. Clay:
NORTH CAROLINA
Environmental Quality
October 10, 2023
Subject: Permit Renewal - Draft Review
NPDES Permit NCO089702
Solis Brightleaf Apartments (SBA)
Treatment System for Structure Dewatering
WPCS Grade PC-1
1001 West Main Street, Durham
Durham County
The Division of Water Resources (DWR or the Division) received your application to renew the subject
permit, received May 3, 2023, and we attach a draft permit for your review and comment. Please review
this draft carefully to ensure your understanding of its limits and monitoring conditions, and to correct
errors, if any.
Concurrent with this notification, the Division will solicit public comment on this draft by publishing a
notice in newspapers having circulation in the general Durham County area, as required by the NPDES
Program. Please submit your written comments (if any), to the undersigned, NCDEQ / DWR / NPDES no
later than November 14, 2023 (approximately 30 days after receiving this document). We welcome your
written comments, but they are not mandatory.
Issues and Changes to the Previous Permit
1. Previous permit cycle database for Total Lead no longer shows reasonable
potential (RP) to exceed its water -quality standard; decreased monitoring
from Monthly to Quarterly.
2. Total Selenium continues to show RP; Monthly monitoring continues - no
change from previous permit.
Total Mercury data continue to show RP; monitoring increased from
Quarterly to Monthly.
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

Kevin R. Clay, PG, Project Geologist,
Mid -Atlantic Associates, Inc.
Permit - Draft Review
October 2023
Page 2 of 2
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 I1,11I, and IV are available
at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file.
If you have questions, please email me at [ioe.cgMoron _,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. Cornordn P.G.
/ DWR / NPDES Permitting
Enclosure: NPDES Permit NC0089702 (renewal draft and Fact Sheet)
ec: NPDES Program Files [Laserfiche]
RRO / SWPS: Vanessa Manuel,
ATB: Molly , Cindy Moore
OCU: Maureen Kinney
RRO Water Supply
Robert Fyffe, VP, Zaremba Management Company
22730 Fairview Drive, Suite 200
Fairway Park, Ohio, 44126
Kevin R. Clay, PG, Project Geologist, Mid -Atlantic Associates, Inc.
[[e-mail]], 409 Rogers Court Raleigh, NC 27610

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
(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 arliended,�,
Brightleaf Durham
is hereby authorized to discharge remediated
Brip-Meaf on
Structure D
1001 West
to a receiving walle o�y designi
River Basin, in accor nl�e with
forth in Parts I, II, III, IV he
The permit becomes effective..
ham
......... 2023
�ia��LC
from facilitiesjocated at the
it System
27701
Hbutary (UT) to Ellerbe Creek, within the Neuse
monitoring requirements, and other conditions set
This permit and the authorization to discharge shall expire at midnight on June 30, 2028.
Signed this day ............... 2023
for Richard E. Rogers, Jr, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 7

NPDES Permit NCO089702
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.
Brightleaf Durham Associates LLC
is hereby authorized to: 1 - v
1. continue to operate a 0.014 MGD structure dewatering and trea t system in support
of structures advanced below the groundwater tablg4ilizi4
• subgrade collection/settling sump
• submersible pumps (primary and bac ) j
• ion -exchange resin filters
• liquid phase carbon filters
• influent and effluent same
• totalizing flow meter
• appurtenant discharge pi i to al storm wer
these faciliti c ed at the ht a on apartments, 1001 West Main Street, Durham,
Durham County;
2. discharge from said treatment works via Outfall 001, at a location specified on the attached map, to
an unnamed tributary (UT) to Ellerbe Creek [Stream Segment 27-5-(0.3)], a waterbody currently
Classified WS-V; NSW within hydrological unit 03-04-01 [HUC: 030202010403] of the Neuse
River Basin.
Page 2 of 7

NPDES Permit NCO089702
PART I
A. (I .) 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
[PCSCode]
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)
C0530
Monthly
Grab
Effluent
m
Total Selenium
01147
5.0 µg/L
56 µg/L
Monthly
Grab
Effluent
Total Mercury
COMER
12 ng/L
12 ng/L
Monthly
Grab
Effluent
Total Lead
01051
Monitor and Report
Quarterly
Grab
Effluent
Total Hardness (mg/L)
[CaCO3 or Ca + Mg]
00900
Monitor anti Report
Quarterly
Grab
Effluent 3
Downstream
Whole Effluent Toxicity Acute 4
TGE6C
Monitor and Report
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. (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.)]. The tests will be performed during
the months of February, May, August, and November.
Page 3 of 7

NPDES Permit NCO089702
A. (2.) ACUTE TOXICITY — PASS/FAIL LIMITED (Quarterly)
[NCAC 02B .0500 et seq.]
The permittee shall conduct acute toxicity tests Monthly 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). Monitoring shall be performed using Fathead Minnow
(Pimephales promelas) 24-hour static test. The tests will be performed during the months of February, May,
August, and November. The effluent concentration at which there may be at no time significant acute mortality
is 90% (defined 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 Cindy Moore; and r�'toring shall begin on each subsequent
discharge until a single test is passed. Upon passing, this test requiyemertt�iall revert to Monthly monitoring.
All toxicity testing results required as part of this permit c
Monitoring Form (MR-1) for the month in which it wasp
Additionally, DWR Form AT-2 (original) is to be sent to
Attention:
North Carolina Division of Wat r esoL
Water Sciences Section/Aquatic
1621 Mail Service Center
Raleigh, North C m 7699-162
sill be ehkeied on the Effluent Discharge
using the par eter code TGE6C.
address:
Completed Aquatic Toxicity Test s sh I be filed the WatefSciences Section no later than 30 days after
the end of the reporting p5xiodjor w 'c'h th report is in . Test data shall be complete and accurate and include
all supporting chemic 1 asurements performed ' sociation with the toxicity tests, as well as all
dose/response data. o 1 residual ch riri�the effluent toxicity sample must be measured and reported if
chlorine is employed for 'sinfectior�o the a stream.
Should there be no dischar flow from the 1 ity during a month in which toxicity monitoring is required,
the permittee will complete t i ormation located at the top of the aquatic toxicity (AT) test form indicating the
facility name, permit number, p e number, county, and the month/year of the report with the notation of "No
Flow" in the comment area of the �onn. 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 NCO089702
A. (3.) 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):
1.
• Section B. (11.)
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
The permittee shall report discharge monitoring ectf
Discharge Monitoring Report (eDMR) i ernet appli tlqp
'
Monitoring results obtained during the pre ' onth(s)
submitted electronically using eDMR. The stem
monitoring data and submit ectronic y g the
accessed at: https://deq.n o_ _ abo 'visions r-re u
ically uslRg'Ahe NC DWR's Electronic
be summarized for each month and
s ennitted facilities to enter
et. The eDMR system may be
If a permittee is u o use t �Dl�%1R system o a demonstrated hardship or due to the facility
being physics ly located i an are where less 0 percent of the households have broadband
access, then a temporary wai a ro e NP electronic reporting requirements may be granted
and discharge monitor. ng data be u itted on paper DMR forms (MR 1, 1. 1, 2, 3) or
alternative forms app'rp d by th ire r. Duplicate signed copies shall be submitted to the
following address:
NC DEQ / Division of Wat r esources / 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
3.
In accordance with 40 CFR 122.41(1)(9), the permittee must idre
of each electronic submission. The permittee should use
initial recipient for the electronic submission.
Initial recipient of electronic NPDES informati in NPDES-
(EPA or the state authorized by EPA to implement NPI)ES
for receiving electronic NPDES data [seR40 CFR 12 2(b)].
EPA plans to establish a website that will to the
each type of electronic submissi n and fore h In
appropriate electronic reporting t o ill be a it
Electronic Reporting Rul" `fqund�t: s:// Xede
Electronic
[&the initial recipient at the time
's website resources to identify the
facilities means the entity
fiat is the designated entity
to electronic reporting tool for
on how to access and use the
rmation on EPA's NPDES
the "Reporting Requirements" section above.
The permittee may seek a tempor'at+ 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 t �porary electronic reporting waivers must be submitted in writing to
the Division for written apoval 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://deg.nc. gov/about/divisions/water-resources/edmr
Page 6 of 7

NPDES Permit NC0089702
4. Sianatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (I I .)(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
the following certification [40 CFR 122.22]. NO C
WILL BE ACCEPTED: Z
V certify, under penalty of law, that this tcument at
direction or supervision in accordance with a system
properly gather and evaluate the information su iti
persons who manage the system, or those pexsori
the information submitted is, to th st of my kn E
am aware that there are signf cant e alties fa subi
possibility of fines an impris i�en r knowin vic
5. Records
Section ll. (6.
ing state's eDMR system shall make
TATEMNTS OF CERTIFICATION
khments re prepared under my
1 to assure A& qualified personnel
on my inquiry of the person or
pbnsible for gathering the information,
belief, true, accurate, and complete. I
zlse information, including the
The permittee shall retain eco4,�f all�Discharge Monitoring Reports, including eDMR
submissions. These reed oies shall be maintained for a period of at least 3 years from the
date of the report. This pie' be extended by request of the Director at any time [40 CFR
122.41].
Page 7 of 7

Brightleaf Durham Assoc. LLC
Brightleaf on Main
Facility
1001 West Main Street, Durham
Latitude: 36° 00' 21"N Loneitude: 78° 54' 20" W
not to scale
Stream Class: WS-V; NSW Receiving Stream: UT to Ellerbe Creek
Stream Segment: 27-5-(0.3) Flow: 0.014 MGD
Drainage Basin: Neuse River BasinSub-Basin: 03-04-01
HUC: 030202010403 USGS Ouads: SW Durham, NC
NPDES Permit NCO089702
North
Durham County