NC0089702_Owner Name Change_20190325

ROY COOPER -::.
Governor gi
MICHAEL S.REGAN �
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
March 25, 2019
Mr. Brandon Yancey, Director of Construction
Solis Brightleaf Apartments, LLC
510 Glenwood Avenue,Suite 317
Raleigh, NC 27603
Subject: NPDES Permit NC0089702
Transfer of Ownership/Permit Modification
Solis Brightleaf Apartments, LLC
Durham County
•
Grade PC-1 Biological WPCS
Dear Permittee:
The Division hereby re-issues permit NC0089702. This action is taken to show the new owner of
the subject facility. This permit is issued 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).
If any parts,measurement frequencies,or sampling requirements contained in this permit are
unacceptable,you have the right to an adjudicatory hearing,upon written request submitted within
thirty(30) days after receiving this letter.Your request must take the form of a written petition
conforming to Chapter 150B of North Carolina General Statutes,and you must file it with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless
such a demand is made,this permit shall remain final and binding.
This permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by any other Federal,state, or local
government.
If you have any questions concerning this matter,please contact Emily Phillips at(919)
707-3621 or via e-mail [[e-mail]].
1 S' ce ly,
inda Culpepper
Director, Division of Water Resources
cc: NPDES Unit
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NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
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,
Solis Brightleaf Apartments, LLC
is hereby authorized to discharge wastewater from a facility located at the
Solis Brightleaf Apartments - Brownfields Excavation
g P
1001 West Main Street, Durham
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 April 1, 2019.
This permit and the authorization to discharge shall expire at midnight on June 30, 2023.
Signed this day March 25, 2019.
//V7X17.v40
a Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8

NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
SUPPLEMENT TO PERMIT COVER SHEET
Solis Brightleaf Apartments, LLC
is hereby authorized to:
1. construct and operate a 0.0015 MGD groundwater treatment system for
excavation-dewatering and/or recovered groundwater remediation (GW-REM)
consisting of:
• subgrade collection/settling sump
• two (2) submersible pumps located in the sump (primary and backup)
• two (2) ion-exchange resin filters
• two 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 - Brownfields Temporary
Groundwater Treatment and Permanent Dewatering 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, at a
location specified on the attached map, flowing ultimately into an unnamed tributary (UT) to
Ellerbe Creek [Stream index 27-5-(0.3)], a waterbody currently designated Class WS-V; NSW
within sub-basin 03-04-01 of the Neuse River Basin.
Page 2 of 8

NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
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:
LIMITS MONITORING REQUIREMENTS
EFFLUENT
CHARACTERISTICS
Monthly Daily Measurement Sample Sample
[Parameter Code] Average Maximum Frequency Type Location
Flow(MGD) 50050 0.0015 0.0015 Continuous Recording Effluent
pH 00400 Not< 6.0 or>9.0 s. u. Weekly Grab Effluent
Total Suspended Solids (TSS) mg/L 00530 Weekly Grab Effluent
Tetrachloroethylene(PCE)3 78389 0.7 pg/L 0.7 pg/L Weekly Grab Effluent
Trichloroethylene(TCE)3 38180 2.5 pg/L 2.5 pg/L Weekly Grab Effluent
Total Chloride(NaCI or Mg +Ca)3 00940 230 mg/L 230 mg/L Weekly Grab Effluent
Total Arsenic 3 01002 10 pg/L 10 pg/L Monthly Grab Effluent
Total Copper 3 01042 2.7 pg/L 3.6 pg/L Monthly Grab Effluent
Total Lead 3 01051 0.40 pg/L 13.88 pg/L Monthly Grab Effluent
Total Nickel 3 01067 16 pg/L 140 pg/L Monthly Grab Effluent
Total Zinc 3 01092 36 pg/L 36 pg/L Monthly Grab Effluent
Total Cadmium 3 01027 0.15 pg/L 0.82 pg/L Monthly Grab Effluent
Chromium VI 3 01032 11 pg/L 16 pg/L Monthly Grab Effluent
Total Chromium3 01034 24 pg/L 180 pg/L Monthly Grab Effluent
Total Selenium 3 01147 5 pg/L 5 pg/L Monthly Grab Effluent
Total Fluoride 3 00951 1,800 pg/L 1,800 pg/L Monthly Grab Effluent
Total Hardness 00900 Monthly Grab Effluent
[CaCO3 or Ca+ Mg]
Total Mercury 3 COMER 0.012 pg/L 0.012 pg/L Monthly Grab Effluent
Biochemical Oxygen Demand (BOD C0310 Monthly Grab Effluent
5 day) mg/L
Total Kjeldahl Nitrogen(TKN) 00625 Monthly Grab Effluent
VOCs(EPA-624) (pg/L)3,4 76029 Monthly Grab Effluent
Semi-VOCs(EPA-625) (pg/L)3,4 76028 Monthly Grab Effluent
Whole Effluent Toxicity-Acute 3,5 TGE6C Monthly Grab Effluent
See Footnotes, next page...
Page 3 of 8

NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
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
Monthly),the Permittee may petition the Division to reevaluate parameter monitoring frequency
and/or permit limits,as data may warrant.All parameters subject to this condition must be
submitted collectively for reevaluation.
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 shall apply a practical quantitation level(PQL) sufficiently sensitive to embrace a
given parameter's SWQ standard.The permittee shall keep analytical records on file in accord with
records retention,Part II.Section D of this permit.
5. Whole Effluent Toxicity(WET)Test,-Quarterly Acute,24-hour static test,Pass/Fail is required
using species Fathead Minnow(Pimephales promelas) [see A. (2.),TGE6C].
A. (2.) ACUTE TOXICITY- PASS/FAIL LIMITED (Monthly)
[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 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 Susan Meadows; 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:
Page 4 of 8

NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
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.
A. (3.) ELECTRONIC REPORTING OF 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):
Page 5 of 8

NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
• 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.) (all
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.
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).
Page 6 of 8

NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
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: 2) .
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
4. Signatory 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. (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
7 f Page o 8

NPDES Permit NC0089702
Grade PC-1 Biological Water Pollution Control System [15A NCAC 08G.0302]
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. 16.11
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

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Solis Brightleaf Apartments, LLC i Facility +4
Latitude: 36°00'02" Sub-Basin: 03-04-01 Location
Longitude: -78°54'37" Stream Class: WS-V; NSW
Receiving Stream: UT to Ellerbe Creek North N
Durhhamam Cou2
County