NC0089702_Permit (Issuance)_20181109

ROY COOPER
Governor
MICHAEL S. RAGAN
Secretary
LINDA CULPEPPER
Interim Director
Water Resources
ENVIRONMENTAL QUALITY
November 9, 2018
Brandon Yancy, Director of Construction
Terwilliger Pappas Multi -Family Partners LLC
510 Glenwood Avenue, Suite 317
Raleigh, North Carolina 27603
Subject: Issuance of NPDES Permit NCO089702
Solis Brightleaf Apartments - Browniields Excavation
Temporary Groundwater Treatment and Permanent
Dewatering Treatment System — Class PC-1
1001 West Main Street, Durham
Durham County
Dear Mr. Yancy:
The Division of Water Resources (the Division or DWR) hereby issues the attached NPDES permit for the
subject facility. We issue this permit 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.
Project Review and Update. The Division understands that you continue to develop a 1.45-acre real
estate parcel into an apartment complex with subterranean parking. To date, you have installed and tested
a permanent dewatering/treatment system required in support of subterranean facilities advanced below
the natural groundwater table.
In accord with the applicant's proposed effluent -testing regimen (received July 18, 2018 and approved by
the Division), DWR has reviewed analytical data collected during July, August, and September 2018 in
support of this system's expected compliance with the draft permit. Based on these effluent analyses, the
Division expects that this newly installed, permanent collection/treatment system shall comply with the
subject permit in support of receiving -steam designated uses.
Receiving -Stream Conditions and Discharge Alternatives Review. System effluent discharges to a
local City of Durham storm sewer under zero -flow receiving -stream conditions (7Q 10/30Q2 = 0.0 cfs).
The Division concurs that this discharge alternative is the most viable based on feasibility and cost, as
supported by the applicant's Engineers Alternatives Analysis (EAA) submitted by authorized consultant,
Mid Atlantic Associates, Inc. dated 19May2017.
Changes to the Permit Draft. The Division acknowledges receiving the applicant's written comments on
the permit draft (23F62018) including supplemental effluent data (not available for the application). We
have also reviewed effluent data submitted in support of the newly installed permanent treatment system
(received via email on 240ct2018). Based on these analyses, we have made the following changes for
permit issuance:
1. Per your request, as supported by system design parameters, the Division has increased the
permit flow limit from 0.0005 MGD to 0.0015 MGD [1,500 gpd].
2. Note that we have updated several permit limits to reflect revised surface water -quality
(SWQ) standards [see section A. (1.)].

Brandon Yancy, Director of Construction
Terwilliger Pappas Multi -Family Partners LLC
Permit Issuance
November 9, 2018
3. Your consultant, Mid -Atlantic suggested relaxing Weekly monitoring to Monthly. DWR
agrees and has established Monthly monitoring except for five (5) parameters [see A. (1)].
4. The Division feels it prudent that the Permittee establish a defensible database prior to
relaxing further permit limits or monitoring. The permit provides an option to petition the
Division to reevaluate monitoring frequency and/or permit limits as data may warrant [see
section A. (1), Footnote 31.
5. Note that parameters suspected to qualify under Footnote 3 must be submitted
collectively.
This permit requires you to submit monthly Discharge Monitoring Reports (DMRs) electronically, in
accord with the electronic Discharge Monitoring Report (eDMR) Program [see Section A. (3)]. 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 hardcopy of DMRs as
backup to monthly eDMR reporting.
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 following receipt of this letter. This request must take the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such
demand is made, this decision shall be final and binding.
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, please email Joe R. Corporon, L.G. at [joe.corporon(2�ncdenr.g_ov] or call his
direct line [phone].
rely,
r'
Linda Culpepper, intefi44 hector
Division of Water Resources
Enclosure: NPDES Permit NCO089702 (issuance final)
hc: Central Files
NPDES Program Files
ec: RRO / SWPS: Danny Smith, Vanessa Manual
ATU: Susan Meadows
OCU: Maureen Kinney

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 amended,
Terwilliger Pappas Multi -Family Partners LLC
is hereby authorized to discharge wastewater from a facility located at the
Solis Brightleaf Apartments - Brownfields
Temporary Groundwater Treatment and Permanent
Dewatering 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 shall become effective December 1, 2018.
This permit and the authorization to discharge shall expire at midnight on June 30, 2023.
Signed this day November 9, 2018. _
ILif da Culpepper, Interim Direct??
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 0.0015 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 ID number 27-5-(0.3)], a waterbody currently designated Class WS-V; NSW within
Subbasin 03-04-01 [HUC: 03020201 ] of the Neuse River Basin, and
Page 2 of 8

NPDES Permit NCO089702
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 0213.0400 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 I LIMITS ' MONITORING REQUIREMENTS
CHARACTERISTICS
[Parameter Code]
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
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
C0530
Weekly
Grab
Effluent
Tetrachloroethylene (PCE) 3
78389
0.7 µg/L
0.7 µg/L
Weekly
Grab
Effluent
Trichloroethylene (TCE) 3
38180
2.5 µg/L
2.5 µg/L
Weekly
Grab
Effluent
Total Chloride (NaCl or Mg + Ca) 3
00940
230 mg/L
230 mg/L
Weekly
Grab
Effluent
Total Arsenic 3
01002
10 µg/L
10 µg/L
Monthly
Grab
Effluent
Total Copper 3
01042
2.7 µg/L
3.6 µg/L
Monthly
Grab
Effluent
Total Lead 3
01051
0.40 µg/L
13.88 µg/L
Monthly
Grab
Effluent
Total Nickel 3
01067
16 µg/L
140 µg/L
Monthly
Grab
Effluent
Total Zinc 3
01092
36 µg/L
36 µg/L
Monthly
Grab
Effluent
Total Cadmium 3
01027
0.15 µg/L
0.82 µg/L
Monthly
Grab
Effluent
Effluent
Chromium VI 3 01032 11 µg/L
16 µg/L Monthly Grab
Total Chromium3
01034
24 µg/L
180 µg/L
Monthly
Grab
Effluent
Total Selenium 3
01147
5 µg/L
5 µg/L
Monthly
Grab
Effluent
Total Fluoride 3
00951
1,800 µg/L
1,800 µg/L
Monthly
Grab
Effluent
Effluent
Total Hardness
[CaCO3 or Ca + Mg] 00900
Monthly Grab
Total Mercury 3
COMER
0.012 µg/L
0.012 µg/L
Monthly
Grab
Effluent
Effluent
Biochemical Oxygen Demand C0310
(BOD- 5 day) mg/L
Monthly Grab
Total Kjeldahl Nitrogen (TKN)
00625
Monthly
Grab
Effluent
VOCs (EPA-624) (µg/L) 39 4
76029
Monthly
Grab
Effluent
Effluent
Semi-VOCs (EPA-625) (µg/L) 39 4 76028
Monthly Grab
Whole Effluent Toxicity -Acute 3, 5
TGE6C
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
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 (I)] 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 H. 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:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Page 4 of 8

NPDES Permit NCO089702
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):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
Page 5 of 8

NPDES Permit NCO089702
1. Reporting Requirements ISupersedes 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. 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).
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.
Page 6 of 8

NPDES Permit NC0089702
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 qn 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://dpq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements (Supplements Section B. (ll.) (b) and Supersedes Section B. (11.) WE
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. (I 1.)(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
Page 7 of 8

NPDES Permit NCO089702
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.)i
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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Terwilliger Pappas
Multi -Family Apartments LLC
1001 W. Main Street, Durham
Latitude: 36' 00' 21"N Longitude: 78' 54' 20" W
Stream Class: WS-V; NSW ReceivinjStream: UT to Ellerbe Creek
Stream Seement: 27-5 (0.3) State Grid: D23NW
Draina>;e Basin: Neuse River Basin Sub -Basin: 03-04-01
HUC: 03020201 USGS Ouads: SW Durham, NC
Y�'C Narth NPDES Permit NCO089702
Durham County