NC0089702_Draft Permit_20180124

Water 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
[e-mail]] 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 [phone].
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 -
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TA ,
i g
CONTOUR INTERVAL = 10 FEET
(w
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0
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.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
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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