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HomeMy WebLinkAboutWQCS00327_Regional Office Historical File Pre 2018 (5)W Qc_s vo 3 27 C ; tr of 'NANNapo I1 f.
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General Information
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3.
4.
5.
Inspection Checklist
C,na✓)r w% I k�#�
41
Dumber of Pump stations
SCADA system PS I )
Telemetry PS •3 ,
Audible and Visual only )
Generators Permanent°
a. Frequency tested sn., b • w�
Ga w�o - -.v4 ILLA
Generators Portable 6• —
A. Quick -connect plugin
B.1Frequency tested
Pump stations served
I
PS
by same generator.
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Pa,,•F,
aL ISO
6.
70
Cy1LB,-Ol2C ������ FAr� ©� `5 �Cs-
C S 4 I..
Sewer Use Ordinance
Lnforcements Last Fear_. n C •1 =� *' w � �aV✓ Y d �u i ✓ `t J s Q , � aL 9 ��.•1 � 1 5 �o r�io
FOG Program
L.�P-i
Inspections to,41,d,, � � ,:•_s , :� 5��.�;� � s ��•-
„4 i✓-!�A c
p A
Public EDHow 4-,-L�slcvlvo/S cvr,�J `f T?z�vt I�yn d
.n
Annual Deport Date
Root Control Program a I�-�S a ct h u a 1 I jrJSOf00
/ 1�t .� "I.h✓lUtfc' 1
CIP Budget $ Fears
/1 Dpcumentation of
Fr•.rn AAnK4I�tl�- � .
3-TNn�1 o
4 3 9 Line Cleaning (10 /o)
2. High priority lines (6 mos) ,/� 7 ✓
3. System observat'on annual
a n No a
4. ROW mowing "7 y� �
CIO A v c U` ✓L ✓'� C �`% � (/ I (/ / �J vaaM,✓v1.
'�o ✓ 20 % � n I V N t�. V-" 1 � !') • f7 L✓ Lt S / c[ l � �'I . �:/' f d,:L„ 1 � �- ;.',
l) /1
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OcL (/��� � cY� 7/✓ p/n 1 N'� tvwJ'^�
Review flogs for PS O&M
�usda.,c4t,.as —as fpkAP J ffjly
p �Sf ru✓+ / 7 .n.l�jwv� wv ���rc� �f�T .C•r i�.c�lj/ ar—
S�,R�,� PaY'f� •- ��.a,a� �.�d-�— � 1 Al
O ✓z // o .✓ r t a"� e �� S L C U `t 1 A" CL �� �f Yi 4/'� I `v � aI , S C t S,>
Reportable � 5 �J
Sp7g�iiJ¶yV�� -la P J 15�/�{ J9A"
S G Yam/ S - -� j o aT,e wi't' 3'1'i a-/-7
Af i % ) ) %, _1 Y
}� c U Y'. vlS a o� 1 f �i'rrs sl P.o-14cx1'c-O✓6 h r�ro7t• S
Repeat Location/Cause
�Q$0Cl
Non reportable spills—k��0
m✓W, +j
Customer complaints —
�-e' d ✓vl t � i'1 4� ,7 � � � � ,�
Spare parts inventory
hayG� jF�RY .+- p aC✓vim `�'
Map of system % complete
0
G h ct S �✓ 441
Pump $tattnon Inspectgot checkfist
SSA S
Name ��w �$� ! No of Pumps 1
2
Address Operational 1
2 ✓
Capacity of each (gpm)
l
2
Runtime hour meter reading average
1�
2'
Housekeeping
Secure
Accessible
Identification Signage
/
Inspection Schedule Daily
Weekly
Wet Well —Floats
✓
Free of debris
1
High water float
Telemetry
Audio -Visual
SCADA
Alarm system tested for communications
Emergency power Generator
o able Quick=connect Onsite
Fuel tank
ons per hour, usage rate
Testing schedule
Automatic
Bypass pumping configured
Overflow piping
Manhole upstream
U (f
Inspection Logs
C011ecttion System ffnspection Checklist
Manholes- Lines- Right Of Way- Aerials
1. Manhole location or address
Cover present -- vent and cover above grade - vent screened
Visible signs of overflow ✓
Sinkholes and depressions
Good condition properly seated
Bypass structures or pipes present
Invert in good condition Size `��.-inches Pipe capacity-0 % N diameter.
Line free flowing and unrestricted `✓/
Excessive grease, roots, or sand t/
2. Right of Way - location or name of outfall line
Accessible ✓
Free of sinkholes or depression -✓ _ I EA �,
FivIXS
No evidence of leakage �J
Free of non -utility motorized traffic -
3. Aerials - High Priority lines
Exposed line of ductile material
Water crossings and supports in good condition �+
Level of debris on or behi d line -
Free of damage
Right of Way mowing records .
Visual inspection of off street lines
General observation of system (annual)
q Pump Station Inspection, C /hecDdist
1 0 A C.o - c. o r d U
Name S No of Pumps 1
2
Address Operational 1
2 ice"
Capacity of each (gpm)
1
2
Runtime hour meter reading average
1�
2
Housekeeping /
Secure
Accessible
Identification Signage
�.
Inspection Schedule Daily
Weekly
Wet Well — Floats
Free of debris ?�
High water float —'
Telemetry
Audio -Visual ✓/�
SCADA f/
Alarm system tested for communications r/
Emergency power Generator
Portable Quick -connect Onsi
Fuel tank i.-s l
Gallons per hour usage rate
Testing schedule
Automatic
Bypass .pumping configured
Overflow piping
Manhole upstream
2. e f
/�
V
Inspection Logs
Collection System Inspection (ChecMist
Manhole Lines- Right Of Way- Aerials
i h
1. Manhole location or address
Cover present - vent and cover grade - zut-se��
Visible signs of overflow
Sinkholes and depressions
Good condition properly seated
Bypass structures or pipes present
Invert in good condition Size _Z�'O inches Pipe capacity-Z Y, % diameter.
Line free flowing and unrestricted ✓'
Excessive grease, roots, or sand
2. Right of Way - location or name of outfall line
b.S
Accessible
Free of sinkholes or depressions
No evidence of leakage
Free of non -utility motorized traffic
3. Aerials - High Priority lines
Exposed line of ductile material
Water crossings and supports in good condition
Level of debris on or behind line
Free of damage
Right of Way mowing records
Visual inspection of off street lines
General observation of system (annual)
Pump Station Rnspectfot Checcldist
Name r / No of Pumps 1
Address Operational 1
2
_Capacity of each (gpm)
1
2
Runtime hour meter reading average
2
Housekeeping
Secure
Identification Signage
Inspection Schedule Daily Weekly '
Wet Well — Floats
Free of debris
High water float
Telemetry
Audio -Visual ✓"
"
SCADA
Alarm for
system tested communications
u N 1��0'1 - ra ✓� 'S�� I'� `'� � �t �l
Emergency power Generator
`' `� Portable Quick=connect 0nsite
Fuel tank • o a o
Gallons per hour usage rate
Testing schedule
Automatic
Bypass pumping configured
Overflow piping
Manhole upstream
Inspection Logs
COHecttn®n System Inspection ChecMist
Manholes- Lines- Ri
ght Of Way- Aerials
)5 �
1. Manhole location or address
Cover present vent and cover above Rrade -
Visible signs of overflow
Sinkholes and depressions
Good condition properly seated
Bypass structures or pipes present i
Invert in good condition Size inches Pipe tapacit 1/a 1/2 3/a diameter.
Line free flowing and unrestricted c�
Excessive grease, roots, or sand
2. Right of Way - location or name of outfall line
Accessible
Free of sinkholes or depressions
No evidence of leakage
Free of non -utility motorized traffic /
3. Aerials - High Priority lines
Exposed line of ductile material
Water crossings and supports in good condition
Level of debris on or behind line
Free of damage
Right of Way mowing records .
Visual inspection of off street lines
General observation of system (annual)
Pump Staflon wisp eedot checkfist
Name S'fi S - S No of Pumps 1
2 v
Address Operational 1
2 t/
Capacity of each (gpm)
1
2
Runtime hour meter reading average
2
Housekeepm' g�
Secure ✓
Identification Signage /
Inspection Schedule Daily Weekly J
Wet Well -Floats
Free of debris �! l
High water float
Telemetry
Audio -Visual ✓/�
SCADA ✓ /
Alarm system tested for communications �/
Emergency power Generator `'�" Portable Quick -connect Onsite
Fuel tank — Y r Gallons per hour usage. rate
Testing schedule Automatic �✓ .
Bypass pumping configured
Overflow piping
Manhole upstream
Inspection Logs
CORRection System Inspection cheemist
j F 3 -f-. -5-S -S r5
Manholes- Lines- Right Of Way- Aerials
1. Manhole location or address
Cover present - vent and cover grade - v5o=en ad—
Visible signs of overflow ✓ �-
Sinkholes and depressions
Good condition properly seated
Bypass structures or pipes present ✓ i✓�
X' -5
Invert in good condition Size inches Pipe capaci L/ 1/z 3/4 diameter.
Line free flowing and unrestricted v"'—
Excessive grease, roots, or sand
2. Right of Way - location or name of outfall line
MTh
Accessible l ✓ y k��� (� °'� l
Free of sinkholes or depressions
No evidence of leakage ✓ /
Free of non -utility motorized traffic
N tiV 3
3. Aerials - High Priority lines✓' 5
Exposed line of ductile material / 8�--
Water crossings and supports in good o tion ✓� n r�� •c�� ��'��
Level of debris on or behind line �✓/
Free of damage
Right of Way mowing records .
Visual inspection of off street lines
General observation of system (annual)
August 26, 2011
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
a
„IT KANNAPOLIS
PUB LIC WORKS
RECEIVED
OIVISIO.vq OF 1,Y s F R QUALITY
FEB 2 8 2012
MOORESVILLE RE',-31 ?114AL OFFICE
Subject: The City of Kannapolis 2010-2011 Wastewater Collections System Annual Report
Dear Sirs/Madam,
Please find enclosed three (3) copies of the City of Kannapolis' 2010-2011 Wastewater Collections
System Annual Report.
If you need any additional information please contact me at (704) 920-4200.
Sincerely,
Wilmer Melton, III
Director of Public Works
Enclosures
WM:at
D
FUG 2 9 2011
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com
t,; I Why Do We Publish This Report?
House Bill 1160 was signed into law on July 21, 1999 by North Carolina's Governor, requiring reports
from municipalities that operate wastewater collection and treatment systems. This legislation mandates
that all Cities publish an annual report informing system users of specific items such as the number of
wastewater overflows, violations of permit conditions or environmental regulations. It also requires we
report the impact of any such violations on the environment and corrective measures taken to minimize re-
currences.
To enhance your awareness of the proper functioning of the system, we have decided to inform you, the sys-
tem user, not only of the required facts - but of the stake each user has in this function and what you can do
to help ensure its reliability.
The Treatment Process
The plant (NPDES permit # NC0036269) has a
treatment capacity of 24-million gallons per day
(MGD) and uses a pure -oxygen activated sludge
secondary treatment system that processes both
domestic and industrial wastewater from both
in -plant and off -site sources. The solids processing
operation relies on a combination of proven and
cost effective technology available for the solids
handling process. The City of Kannapolis
discharges its wastewater to the Water and Sewer
Authority of Cabarrus County's (WSACC's) Rocky
River Regional Wastewater Treatment Plant located
in southern Cabarrus County.
t ` t
MN
T�
AUG 2 9 2011 I
POINTSOURof Kannapo
Wastewater .
Collections System
Annual Report
Fiscal Year
July 2010 - June 2011
(S4., R� )10
KANNAPOLIS
PUB LIC WORKS
r.
The Wastewater Collection System
The City of Kannapolis' Wastewater Collection System was installed from the mid-1900's to the present.
The system consists of approximately 325 miles of sewer pipelines, three flume stations and fifteen waste-
water lift stations. The City of Kannapolis Public Works Department performs the operation and mainte-
nance of the collection system that serves approximately 17,500 customers.
During our reporting year, our crews provided maintenance service to the system and its customers with
professionalism and efficiency:
• Two jet-vactor crews continuously clean the City's sewer system
to limit the number of wastewater back-ups and overflows. These
crews also assist with the maintenance of the City's fifteen waste-
water lift stations.
A wastewater response crew responds to all calls related to
potential blockages, customer back-ups and overflows within the
collection system.
• The closed-circuit TV inspection crew uses a track driven camera
that videotapes the interior of wastewater pipes to identify defects,
obstructions, check effectiveness of the jet-vactor cleaning
operations and inspect all new collection system extensions before
the City accepts them for operation and maintenance.
• The pump and outfall crew maintains our wastewater lift stations,
wastewater collections system's outfalls within right-of-way and
performs semi-annual inspections of the system. The crew
performed 1,687 routine inspections and responded to 20 alarms
at the lift stations this year.
• The City also has two construction and maintenance crews that
install new service connections, perform minor system expansions
and repair existing wastewater infrastructure.
Contract services are utilized for the installation of any major wastewater collection system expansion
and the replacement of aging deteriorating infrastructure.
The City of Kannapolis' Engineering Staff assists collection crews by providing additional technical
support to operations and periodic updates to system maps and construction drawings.
Collection System Overflows
The City of Kannapolis investigated approximately 902 possible municipal and private wastewater related
back-ups and overflows during the fiscal year. The -two incidences listed below resulted in a spill or over-
flow of wastewater to the surface waters and was reported to the State. All locations had any debris re-
moved, were hydraulically cleaned up and down stream and video inspected. The affected areas were
flushed with fresh water as necessary.
December 1, 2010 Total +/- 5,700 Gallons - Edinburg and Dundee Outfall — Spill occurred due to vandal-
ism where a large dead dog was placed inside the manhole obstructing flows downstream of the spill site.
April 5,2011 Total +/- 2,850 Gallons - West A Street Outfall — Spill occurred due to vandalism inside the
manhole where brick, concrete blocks and limbs had been placed.
The City of Kannapolis completed several sanitary sewer projects to further enhance the reliability of our
collection system. In addition, we continually perform proactive maintenance to the collection system to
prevent wastewater overflows. During the past fiscal year, the following maintenance was completed:
Manholes raised & upgraded: 2
Repairs to laterals: 25
Sewer main repairs: 6
Lateral blockages, unblocked & rodded: 900
Closed-circuit camera inspection: 38,071 linear feet
Cleanouts installed: 17
Sewer mains cleaned: 10.0,737 linear feet
Cleanout caps installed 30
.T.
` TO PREVENT
WASTEWATER OVERFLOWS
ALWAYS
• Always keep grease out of wash water by wiping
dishes with a disposable towel before washing.
• Always remove solidified grease from kitchen
utensils, equipment, wares and food preparation areas
with scrapers or paper towels. Dispose of scrapings
and towels in trash cans.
• Always allow hot liquid grease to solidify and then
dispose of properly.
• Always place all food scraps in trash collection
containers.
• Always recycle restaurant grease by using contract
rendering services and have grease traps cleaned and
serviced frequently.
I'
NEVER
• Never put oils, liquid or solid greases, fatty meat, or
other food scraps down a drain - even if you use a
motorized garbage disposal.
• Never flush paper towels, diaper wipes, feminine
products, cotton swabs, matchsticks, or similar items.
• Never use hot water to melt grease so it will go down
the drain easier.
• Never flush any of the items listed above down a
toilet.
REPORT
• Report trucks discharging liquids or other substances
into open municipal sewer manholes.
• Report acts of vandalism on manholes, sewer lines,
lift stations, hydrants and other structures.
CERTIFICATION
PUBLISHED BY:
Qr:
KANNAPOLIS
P U BLIC WORKS
The City of Kannapolis
Public Works Department
1401 Bethpage Road
Kannapolis, NC 28081
Phone: (704) 920-4200
Fax: (704) 920-4244
Wilmer Melton, III
Director of Public Works
Copies of this report are available at the
following locations:
Public Works Operations Center
1401 Bethpage Road
Kannapolis, NC 28081
Kannapolis City Offices
246 Oak Avenue
Kannapolis, NC 28081
Customer Service Center
234 Dale Earnhardt Boulevard
Kannapolis, NC 28081
This report may also be viewed on the
City website:
www.cityofkannapolis.com
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been
made av ' to the users or customers of the named system and that those users have been notified of its availability.
Date: August 15, 2011
Wilmer Melton, III - Director of Public Works
5387
Mr. John Erickson
City of Kannapolis
PO Box 1199
Kannapoilis, NC 28081-
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 15, 2006
i
DEC 1 9 2009
SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal I� TER �^ �� �a
Field. Parameters Only UO L` `�1
Dear Mr. Erickson:
The Department of Environment and Natural Resources, in accordance with the
provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew
certification for your laboratory to perform specified environmental analyses required by
EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100,
.0200, .0300, and 2N .0100 through .0800.
Enclosed for your use is a certificate describing the requirements and limits of your
certification. Please review this certificate to insure that your laboratory is certified for all
parameters required to properly meet your certification needs.
Please contact us at 919-733-3908 if you have questions or need additional
information.
Sincerely,
Pat Donnelly
Branch Manager
Enclosure
cc: Chet Whiting
Mooresville Regional Office
NNone
r hCarolina
aturally
Laboratory Section 1623 Mail Service Center Raleigh, NC 27699-1623 Phone (919) 733-3908 Customer Service
Internet: www.dwolab.org Location: 4405 Reedy Creek Road Raleigh, NC 27607 Fax (919) 733-6241 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
i
STATE OF NORTH CAROLINA DEPARTMENT OF THE
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
LABORATORY CERTIFICATION PROGRAM
In accordance with the provisions of N.C. G.S. 143-215.3 (a) (1), 143-215.3 (a)(10) and NCAC 2H.0800:
Field Parameter Only
CITY OF KANNAPOLIS
Is hereby certified to perform environmental analysis as listed on Attachment I and report monitoring data to DWQ for
compliance with NPDES effluent, surface water, groundwater, and pretreatment regulations.
By reference 15A NCAC 2H .0800 is made a part of this certificate.
This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures,
records, and proficiency of the laboratory have been examined and found to be acceptable.
This certificate shall be valid until December 31, 2007
Certificate No. 5387 )
Pat Donnelly
Attachment
L�
North Carolina Wastewater/Groundwater Laboratory Certification
.ab Name: City of Kannapolis
\ddress: PO Box 1199
Kannapoilis, NC 28081-
Certified Parameters Listing
FIELD PARAMETERS ONLY
Certificate Number:
Effective Date:
Expiration Date:
Date of Last Amendment:
5387
01 /01 /2007
12/31 /2007
Fhe above named laboratory, having duly met the requirements of 15A NCAC 2H.0800, is hereby certified for the measurement of the parameters listed below.
CERTIFIED PARAMETERS
NORGANICS
RESIDUAL CHLORINE
Std Method 4500 CI G
RESIDUE SETTLEABLE
Std Method 254OF
This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples. Laboratories are
subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 21-1.0807.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality i
October 11, 2004
5387
Mr. John Erickson
City of Kannapolis
PO Box 1199
Kannapoilis, NC 28081-
SUBJECT: Initial Wastewater/Groundwater Laboratory Certification
FIELD PARAMETERS ONLY
Dear Mr. Erickson:
The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215.3(a) (10), 15
NCAC 2H .0800, is pleased to certify your laboratory to perform specified environmental analysis required by EMC monitoring
and reporting regulations 15 NCAC 2B .0500 and 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800.
A certificate acknowledging the certification of your laboratory is enclosed for your use. The certificate describes the
requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all
parameters required to properly meet your certification needs.
Please contact us at 919-733-3908 if you have questions or need additional information.
Sincerely,
James W. Meyer
Laboratory Section
Enclosure
cc: Chet Whiting
Mooresville Regional Office
One
NorthCarolina
Naturally
Laboratory Section 1623 Mail Service Center; Raleigh, NC 27699-1623
4405 Reedy Creek Road; Raleigh, NC 27607
Phone (919) 733-3908 / FAX (919) 733-2496 / Internet: www.dwglab.org
An Equal Opportunity/Affirmative Action Employer— 50% Recycled00% Post Consumer Paper
Attachment
North Carolina Wastewater/Groundwater Laboratory Certification
Certified Parameters Listing
FIELD PARAMETERS ONLY
Lab Name: City of Kannapolis Certificate Number: 5387
Address: PO Box 1199 Effective Date: 07/16/2004
Kannapoilis, NC 28081- Expiration Date: 12/31/2004
Date of Last Amendment: 10/11/2004
The above named laboratory, having duly met the requirements of 15A NCAC 21-1.0800, is hereby certified for the measurement of the parameters listed below.
CERTIFIED PARAMETERS
INORGANICS
RESIDUAL CHLORINE
Std Method 4500 CI G
pH
Std Method 4500 H B
RESIDUE SETTLEABLE
Std Method 2540F
9
This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples. Laboratories are
subject to civil penalties and/or decertification for infractions as set forth in 15!? NCAC 211.0807.
0
City of Kannapolis Water Resources Department
K A N N A P O L I S Why Do We Publish This Report?
0,46-0-711-1
Published By:
The City of Kannapolis
Public Works Department
1401 Bethpage Road
Kannapolis, NC 28081
Phone: (704) 920-4200
Fax: (704) 920-4244 .
Director: Wilmer Melton, III
Copies of this report are available
at the following locations:
Public Works Operations Center
1401 Bethpage Road
Kannapolis, NC 28081
Kannapolis City Offices
246 Oak Avenue
Kannapolis, NC 28081
This report may also be viewed on
the City website:
www. cityofkannapolis. com
House Bill 1160, signed into law on July 21', 1999 by North Carolina's Governor, requires
reports from municipalities that operate wastewater collection and treatment systems.
This legislation mandates that all Cities publish an annual report informing system users of
specific items such as the number of wastewater overflows, violations of permit conditions
or environmental regulations. It also requires we report the impact of any such violations on
the environment and corrective measures taken to minimize recurrences.
To enhance your awareness of the proper functioning of the system we have decided to in-
form you, the system user, not only of the required facts - but of the stake each user has in
this function and what you can do to help assure its reliability.
The Treatment Process
The City of Kannapolis dis-
charges its wastewater to the
Rocky River Regional Wastewa-
ter Treatment Plant. Located' t^3;
in southern Cabarrus County, `'
the plant is owned and oper-
ated by the Water and Sewer „
Authority of Cabarrus County.
The plant uses a pure -oxygen activated sludge, secondary treatment system that
processes both domestic and industrial wastewater from both in -plant and off -
site sources. This is the most proven and cost effective technology available for
the solids handling process. The plant's NPDES permit number is NCO036269 and
has a treatment capacity of 24 million gallons per day.
A
The Wastewater Collections System
The City of Kannapolis Wastewater Collection System was installed
between the mid 1900's and the present. The system consists of
approximately 220 miles of sewer pipelines, two flume stations and
fifteen wastewater pump stations. The City of Kannapolis' Water
Resources Department performs the operation and maintenance of
the collection system that serves approximately 16,000 customers.
Eight crews deliver maintenance service to the system and its
customers with professionalism and efficiency:
• A rapid -response crew responds to all calls related to potential
blockages and overflows within the system.
• Podding crews utilize various cutting -tools to remove debris
within mains.
• The closed-circuit TV inspection crews use a track driven camera
that videotapes the interior of wastewater pipes to identify
defects and obstructions and inspects all new collection system
extensions before the City accepts them for operation and
maintenance.
• The jet-vactor crew removes obstructions in the system to limit
the number of wastewater back-ups and overflows and assist
with the maintenance of the City's fifteen wastewater lift
stations.
• The pump and outfall crew operates and maintains the
wastewater lift stations, the wastewater collection system's 54
miles of rights -of -way and performs semi-annual inspections of
the system.
• The City also has two construction and maintenance crews that
install new service connections, perform minor system expansions
and repair existing wastewater infrastructure.
• Contract services are utilized for the installation of any major
wastewater collection system expansion and the replacement of
aging and deteriorating infrastructure.
• The City of Kannapolis' engineering staff assists collection crews
by providing additional technical support to operations and
periodic updates to system maps and construction drawings .
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WHAT YOU CAN DO TO PREVENT WASTEWATER OVERFLOWS
NEVER
• Never put oils, liquid or solid greases, fatty meat, or other food scraps down a drain — even if you
use a motorized garbage disposal.
• Never flush papertowels, tampon applicators, cotton swabs, matchsticks, or similar items.
• Never use hot water to melt grease so it will go down the drain easier.
• Never flush any of the items listed above, down a toilet.
ALWAYS
• Always keep grease out of wash water by scraping dishes before washing.
• Always remove solidified grease from kitchen utensils, equipment, wares, and food preparation areas
With scrapers or paper towels. Dispose of scrapings and towels in trash cans.
• Always allow hot liquid grease to solidify and then dispose of properly,
• Always place all food scraps in trash collection containers.
• Always recycle restaurant grease by using contract rendering services, and have grease traps cleaned
and serviced frequently,
REPORT
• Report trucks discharging liquids or other substances into open municipal sewer manholes.
• Report acts of vandalism on manholes, sewer lines, lift stations, hydrants and other structures.
• Report illegal dumping of toxic, corrosive, or flammable substances into manholes, drains, or toi=
lets.
• Report such incidents to: Public Works (704) 920-4200
C'ERTIFIC'A TION
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further
certify that this report has been made available to the users or customers of the named system and that those us-
ers have been notified of its availability.
_1
Date: July 22, 2004
Wilmer Melton, III
Director of Public Works
City of Kannapolis
I e
City of Kannapolis Water and Wastewater Resources Department
The Treatment Process
The City of Kannapolis dis-
charges its wastewater to the
Rocky River Regional Waste-
water Treatment Plant located in
southern Cabarrus County that
is owned and operated by the
Water and Sewer Authority of
Cabarrus County. The plants
NPDES permit number is NC0036269 and has a treatment capacity of 24 mil-
lion gallons per day. The plant uses a pure -oxygen activated sludge, secondary
treatment system that processes both domestic and industrial wastewater from
both in plant and off -site sources. The solids processing operation relies on a
combination of proven technologies, innovations, and cost effective equipment
Why Do We Publish This Report
On July 21', 1999, North Carolina's Governor signed into law House Bill 1160,
placing new reporting requirements on municipalities that operate wastewater
collection and treatment systems.
This new legislation mandates that all Cities publish an annual report informing
system users of specific items such as the number of wastewater overflows, vio-
lations of permit conditions or environmental regulations, the impact of any
such violations on the environment, and corrective measures taken to minimize
recnrranra0
Although a listing of the facts would have met the requirements, we have de-
cided to inform you, the system user, not only of the required facts — but to en-
hance your awareness of the stake each user has in the proper functioning of the
system, and what you can do to help assure its reliability!
. -FICE
,MN
.
\ ,
NORTH
CAROLINA DEPARTMENT OF
AKPAENVIRONMENT
AND NATURAL RESOURCES
4CDENRNovember
DIVISION OF WATER QUALITY
6, 2000
.'
&Ik:ti 7l;�oil
I
aka
4M E5B.'HUNT`J R. .�
OVERNOR
City of Kannapolis
David A Hales
rs`
PO Drawer 1199
a
MAN
Kannapolis, NC 28082-1199
ECRETARY
CRETA
.I
Subject:
Designation of Certified Collection System Operator
r p
City of Kannapolis
OLEEN H SULLINS
Cabarrus County
HAIRMAN - - -
- .A -
y
"
Dear Mr. Hales:
This is to inform you that the Water Pollution Control System Operators Certification
Commission (WPCSOCC) has received your designation form. The subject collection
system was previously classified by the WPCSOCC as a Class 3 Collection System. The
ORC for this system must hold a valid Grade 3 or higher Collection System Operator
._:..
certification and the Back-up ORC must hold a valid Grade 2 or higher Collection System
operator certification. However, the listed backup, Jeffrey L Rogers is not a certified
;:..... operator. Designation of an ORC or a Back-up ORC of the appropriate type and grade is
required by 15A NCAC 8G Section .0202(a)(1) and 15A NCAC 2H .0224. The enclosed
designation form should be completed and faxed to (919) 733-1338 or mailed to this
office by November 20, 2000.
If you have questions concerning this matter, or if this office can be of further assistance,
please do not hesitate to call Sylvia Barbour at (919) 733-0026 ext. 310.
Y1> : Sincerely,
=—=
Dwight Lancaster, Supervisor
Technical Assistance & Certification Unit
Enclosures
cc: Mooresville Regional Office
r
WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION
1618 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1618
PHONE 919-733-0026 FAX 919-733-1338
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10q POST -CONSUMER PAPER
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 1, 1994
Memo To: Daniel Blaisdell
From: Rex Gleason
Prepared By: Samar Bou-Ghazale S15&
Subject: City of Kannapolis
201 Facilities Plan Amendment
State Bond Program
The City of Concord's NPDES permit allows the discharge of up
to 24 MGD from the Rocky River Regional Wastewater Treatment Plant.
The current average flow is approximately 15 MGD. The proposed
effluent from the Annexation Area "B" Sewer Improvements will add
approximately 0.77 MGD (according to design calculations submitted
to this Office), therefore, the additional wastewater should not
impact the WWTP. Approval of the project is recommended.
If you have any questions regarding this matter, please
advise.
DIVISION OF ENVIRONAIMAL MANAGEMENT
May 25, 1994
MEMORANDUM
TO: Rex Gleason, Regional Supervisor
Mooresville Regional Office
FRONL• Daniel Blaisdell P017,
Facilities Evaluation Unit
SUBJECT: City of Kannapolis
201 Facilities Plan Amendment (Revised)
State Bond Program
N.C. DEPT. OF
ENVIRONMENT, HEALTH,
& NATURAL RESOURCES
DIVISIOW OF EPIVIROPd�4EtdTlIL "�dl;1GE:: ;T
Pd00RESVILLE REGIOUL OFFICE
Transmitted herewith are three (3) copies of the above subject revised 201 Plan
Amendment for your review and files. It has been determined, pursuant to T15A:01 C.0504,
that this project is a non -major activity. Therefore, environmental documentation under the
NCEPA is not required.
If you have any questions concerning this matter, please contact me at (919) 733-6900,
extension 624.
Enclosures
DMB:vk
cc: FEU
Bond Project File
13
FACILITIES PLAN
FOR THE
CITY OF KANNAPOLIS
L R' E C -FEZ �L
BRAY 1994
GM1 STRUCTO RAWS,;, LWSSV-00"�#
DEWEHKIR
N.C. DEFT, or,
ENVIRONMENT, HEALTH,
& NATURAL RESOURCES
MAY 26 1994
DIVISION OF ENIVIRONMEriTAL MANAGEMENT
Mouflfsku REGIONAL OFFICE
ANNEXATION AREA "B" SEWER IMPROVEMENTS
CONTRACT XV11[ & CONTRACT XVM
Prepared By
Alley, Williams, Carmen & King, Inc.
P.O. Box 12481 207 S. Main Street
Kannapofis, North Carolina
(704) 938-1515
SECTION
SECTION A A-1
SECTION A A-2
SECTION B
TABLE OF CONTENTS
SUMMARY
CONCLUSION AND RECOMMENDATION
CURRENT SITUATION
B-1 COLLECTION SYSTEM AND WWTP DESCRIPTION
B-1.1 CURRENT LEVEL OF SERVICES IN THE CITY
CITY OF KANNAPOLIS
B-1.2 CURRENT LEVEL OF SERVICE IN THE
ANNEXATION
B-2 POPULATION; DEMOGRAPHICS
B-3 INFILTRATION/INFLOW
B-4 BREAKDOWN OF CURRENT FLOWS
B-4.1 RESIDENTIAL
B-4.2 COMMERCIAL
B-4.3 INDUSTRIAL
B-4.4 I/I ANALYSIS
PAGE
3
3
5
5
5
5
6
6
7
7
7
7
7
SECTION C - FUTURE SITUATION 8
C-1 POPULATION PROJECTIONS 8
C-2 FLOW PROJECTIONS 9
C-3 SPECULATIVE/ACTUAL EFFLUENT LIMITATIONS 10
SECTION D - ALTERNATIVES 11
D-1 NO ACTION 11
D-2 GRAVITY FLOW ALTERNATIVE 11
D-3 GRAVITY FLOW WITH PUMP STATIONS 12
SECTION E - PRESENT WORTH ANALYSIS 15
E-1 NO ACTION 15
E-2 GRAVITY FLOW ALTERNATIVE 15
E-3 GRAVITY FLOW WITH PUMP STATIONS 15
SECTION F - USER CHARGES AND FINANCIAL CAPABILITIES 17
SECTION G - PUBLIC PARTICIPATION 21
G-1 AFFIDAVIT OF PUBLICATION OF 22
PUBLIC HEARING FOR FILING OF
APPLICATION
1
G-2 EXCERPTS FROM COUNCIL MEETING OF PUBLIC 23
MEETING CONCERNING FILING OF APPLICATION
G-3 RESOLUTION BY GOVERNING BODY 27
OF APPLICANT FOR FILING OF APPLICATION
G-4 AFFIDAVIT OF PUBLICATION OF 28
PUBLIC HEARING ON THE 201 FACILITIES
PLAN
G-5 EXCERPTS FROM COUNCIL MEETING OF PUBLIC 29
MEETING ON THE 201 FACILITIES PLAN
SECTION H - ENVIRONMENTAL ASSESSMENT
SECTION I - EXHIBITS
33
34
I-1
CERTIFICATE OF INCORPORATION OF
35
WATER AND SEWER AUTHORITY OF
CABARRUS COUNTY
I-2
INTERIM OPERATION AGREEMENT FOR THE
43
ROCKY RIVER REGIONAL WASTEWATER
TREATMENT PLANT AND ADDITIONAL
FACILITIES AND INFASTRUCTURE
I-3
AGREEMENT TO DESIGNATE THE WATER AND
54
AND SEWER AUTHORITY OF CABARRUS COUNTY
AT THE MANAGEMENT PLANNING AGENCY
I-4
LETTER FROM THE WATER AND SEWER
61
AUTHORITY STATING THAT THEY WILL
ACCEPT AND TREAT THE WASTE
I-5
PROPOSED ANNEXATION MAP OF AREA "B"
62
I-6
PROPOSED SEWER OUTFALLS MAP
63
I-7
WATERSHED OVERLAY DISTRICT MAP AND
64
ORDINANCE
2
SECTION A
415154005 W3 :: 1
In November 1987, the City of Kannapolis initiated the
annexation of six (6) separate contiguous areas around the
existing city limits. Included in these areas was an area
designated as Annexation Area "B". This area met the minimum
statutory standards for annexation by cities of 5,000 persons or
more under G. S. 160A-53-(1).
The purpose of the proposed project is to provide sewer
service to the west side of Lake Fisher in Annexation Area "B" on
the east side of the City of Kannapolis which has a potential for
development in the near future.
The proposed project area is located in Cabarrus and Rowan
Counties, North Carolina, within the City Limits of the City of
Kannapolis. More specifically, the project will consist of
sanitary sewer outfalls, pumping stations and force mains along
the west shore of Lake Fisher beginning at Centergrove Road (SR
2114) crossing Brantley Road and Lane Street to Joyce Street.
Two (2) wastewater lift station are proposed in series in order
to serve this area.
The proposed utility has the potential to provide sewer
service for both inside the Existing City Limits (Annexation Area
"B") and also possible future annexation areas northeast of
Kannapolis.
Also, in keeping with the current plan for the extension of
services inside the present city limits, and with the Plans for
services outlined in the original Annexation Report, the City
will extend lines necessary to provide sewer service to the
Annexation Area. Services were outlined as Phase I and Phase II
Construction.
A-2 CONCLUSION AND RECOMMENDATION
It is recommended that the City proceed with the permitting
and installation of the gravity flow outfalls and pumping
stations as outlined in section D-3 of this Facilities Plan. As
shown in Alternate E-3, this is the most practical and cost
effective alternate that will provide service to the area. This
alternate will also comply with the plans for service as outlined
.in the "ANNEXATION AREA SERVICES PLAN FOR AREA B, CITY OF
KANNAPOLIS, NORTH CAROLINA as presented and adopted November
1987.
Beginning at the northern end of the project, the gravity
flow outfall will begin at Joyce Street and flow in a southern
direction along the west shore of Lake Fisher to a proposed sewer
3
a
lift station at Brantley Road. The first lift station will pump
sewage, via a proposed 6" force main to -be installed west along
Brantley Road to a proposed manhole at the west boundary of the
existing Duke Power Electrical Sub -Station. From there, a
gravity line will continue along the west shore of Lake Fisher to
a second proposed sewer lift station on an un-named tributary
near the intersection of Mid -lake Road and Centergrove. This
lift station will also provide gravity sewer service to the Lake
Fisher Road area south of Lake Fisher. This lift station will
pump sewage, via a proposed 8" force main to be installed south
to a proposed manhole near the intersection of Lake Fisher Road
and Centergrove. From there, the proposed system will flow east
to the sewer system under construction on Cold Water Creek.
4
SECTION B
CURRENT SITUATION
B-1 COLLECTION SYSTEM AND WWTP DESCRIPTION
B-1.1 CURRENT LEVEL OF SERVICES IN THE CITY OF KANNAPOLIS
The City of Kannapolis provides sewer service as one of the
municipal services to existing areas of the City. In keeping
with that policy, the City adopted a plan for services for the
extension of sewer lines to serve residents in the annexation
area. The City owns and maintains its sewer collection system.
Wastewater treatment is provided at the Rocky River Regional
Wastewater Treatment Plant operated and maintained by the Water
and Sewer Authority of Cabarrus County. The City of Kannapolis
is a member of that Authority. A 201 Facilities Plan for the
Rocky River Regional Wastewater Treatment Plant (RRRWTP) was
prepared by Peirson and Whitman, Inc. in 1974 in conjunction with
the development of the RRRWTP.
Attached and made a part of this Facility Plan are Exhibits
"I-1", "I-2", and "I-3" which are copies of the Certification Of
Incorporation Of Water And Sewer Authority Of Cabarrus County,
Interim Operation Agreement of the Rocky River Regional
Wastewater Treatment Plant and Additional Facilities and
Infrastructure, and Agreement To Designate The Water and Sewer
Authority Of Cabarrus County As The Management Planning Agency,
respectfully.
Also, sense this project will connect and flow through lines
being operated and maintained by the Water and Sewer Authority of
Cabarrus County, Exhibit "I-4" is a letter from the Water and
Sewer Authority stating they will transport, accept and treat the
future projected flows from this project. This letter also
addresses the long range plan for funding and construction of all
major interceptors by the Authority.
B-1.2 CURRENT LEVEL OF SERVICES IN THE ANNEXATION AREA
Residents and commercial establishments in Annexation Area
"B" are presently utilizing septic tanks and nitrification fields
for their sanitary sewer disposal needs. These systems drain
toward Lake Fisher which is classified as a Public Water Supply
Watershed, WS IV.
5
B-2 POPULATION; DEMOGRAPHICS
As of the date of annexation report, November 1987,
annexation area "B" had the following general statistics:
Area to
be annexed:
1382
Acres
Estimated Population
888
Persons
Approx.
number of Dwellings
330
Units
Approx.
number of other establishments
11
Units
Approx.
number of Street Miles
11.78
Miles
The total Area "B" annexation area to be served by Contracts
XVII and XVIII is 528 acres. The City of Concord owns and
maintains approximately 100 acres as buffer to Lake Fisher.
Annexation Area "B" encompasses 1382 Acres or 11.4% of the
total Cold Water Creek Drainage Basin north of Centergrove Road.
Centergrove Road is the southern boundary of the Annexation Area.
See Map labeled as Exhibit "I-5" for the overall boudary. The
drainage basin includes areas located within the following Towns,
with each town responsible for their own water and sewer needs:
City of Kannapolis
Town of China Grove
Town of Landis
As stated in the original 201 Facilities Plan for the Rocky
River Regional Wastewater Treatment Plant, the Town of China
Grove's and the Town of Landis's sewer will be treated by the
City of Salisbury. To what extent the Cold Water Creek Drainage
Basin will be developed by the various City's is up the
Individual City's Councils.
B-3 INFILTRATION/INFLOW
The proposed gravity sewer, lift stations, and force main
installation would meet the State's regulations for infiltration
/exfiltration. All gravity sewer extensions will be meet the
State's requirements for a maximum infiltration rate of 100 gals
per day per inch diameter per mile of pipe. In order to verify
this limit, all extensions will be low pressure air tested for
leaks in accordance with ASTM C-828. All manhole to pipe
connections will be made using .a rubber boot. All manholes,
including the boot connections will be vacuum tested at 10" of
mercury. The manhole frame and covers will be installed a
minimum of 1 foot above the 100-year flood elevation to prevent
inflow.
A
B4 BREAKDOWN OF CURRENT FLOWS
B4.1 RESIDENTIAL - All existing flow is treated by septic
tanks and nitrification fields.
B4.2 COMMERCIAL - All existing flow is domestic and is
treated by septic tanks and nitrification fields.
B4.3 INDUSTRIAL - There is no industry in the annexation
area.
B4.4 I/I ANALYSIS - Not Applicable - no existing sewer
system.
7
SECTION C
FUTURE SITUATION
C-1 POPULATIONS PROJECTIONS
Reviews of the census records, feasibility studies for water
and sewer facilities within the area, and the Kan -la -con
Thoroughfare Study, all indicate that the population of the City
of Kannapolis should continue to expand. The City is located
adjacent to Interstate I-85 and within commuting distance to the
City of Charlotte and Mecklenburg County. As the City of
Charlotte and Mecklenburg County have expanded, the nearby
communities have also experienced a large amount of growth.
In order to project the future population of the City of
Kannapolis, it is assumed that the growth rate will be 1-1/2
percent per year, which is similar to other cities and
communities that surround the Charlotte -Mecklenburg area. Area
"B" is expected to have a higher growth rate than the area within
the current City due to the proximity to Interstate I- 85. Due to
the recent construction of water lines within the area, the
proposed construction of the sewer facilities in Contracts XVII
and XVIII, and the land available for development, this area has
features attractive to developers. Over the past 100 years, the
majority of the area near the center of Kannapolis has been
developed to support Fieldcrest Cannon and the local businesses.
This forces the future developments to migrate to Annexation
Areas where large land tracts with lower land costs offer the
ability to develop upscale residential communities with
amenities. Annexation Area "B" is highly suited for residential
development due to sparse existing commercial and industrial
development. The area also has a large number of existing City
maintained roads that provide access to the neighboring cities
and towns.
This area should have very little commercial and industrial
development due to a Class IV Watershed Classification and its
proximity to Lake Fisher. Additional requirements for discharges
and limits to the developable area within a site will force
industries that would consider locating within the area to look
at other sites with lower development and operational costs.
The 1990 Census list the population of Kannapolis as 29696.
By using a growth rate of 1-1/2 percent, the City's population
should be 42450 in the year 2014. It is reasonable to assume
that the increase in population will create additional
residential development within the Annexation Areas. This
creates a higher growth rate than the average for the City of
Kannapolis over the next 20 years.
C
The Annexation Report indicated that Annexation Area "B" had_
a population of 888 in 1987. Using the same growth rate of 1-1/2
percent, the population would be 1327 in the year 2014. However,
it should be noted that the population of this area has been
restricted in the past by the lack of public water and sewer
facilities. This area is beginning to see residential
development. Several developers have constructed subdivisions
in this area by extending the existing sewer and water facilities
to their projects. One developer constructed a pump station to
pump the sewage to an existing sewer line in a different drainage
basin. By utilizing the pump station and extending the water and
sewer lines, approximately 150 lots have been developed along
Midlake Road since the Annexation Report was prepared. As houses
are built upon these lots, a population density of 2.4
individuals per unit will add an additional 360 individuals to
the Annexation Area. This trend is expected to continue as the
sewer lines are constructed and placed in service within this
area.
C-2 FLOW PROJECTIONS
The total annexation area to be served by Contracts XVII and
XVIII is 528 acres. The City of Concord owns and maintains
approximately 100 acres as buffer to Lake Fisher. It is my
professional opinion that the property owned by the City of
Concord will never be developed and therefore should be
eliminated from any design calculations for the area. The net
serviceable area is therefor 428 acres. The flow projections for
this area is based on the maximum lot density allowed under the
current Zoning and the Watershed Protection Ordinance which is
1/2 acre lots in the Critical Area. Based on this, the average
daily flow is calculated as follows:
Qa(flow in gpd)=2(Lots/acre)X360(Gals/lot)x 428Acres
Therefore, Qa=308,160gpd average daily flow which equals 214
gal/min.
Peak Flow Qp(flow in gpd)= 2.5 x Qa
2.5 x 308,160 = 770,400gpd or 535 gpm
Based on 535 gpm peak flow for the Annexation Area being served
by the 16" sewer lines in this project, the flowing design
criteria is provided.
16" DIP Sewer Pipe @ 0.18% Grade
Qfull = 2.lmgd = 3.25 cfs
Vel @ Qfull = 2.33 ft/sec.
Based on 535gpm = 1.19 cfs or 56.67% of the Hydraulic Capacity.
Normal Depth of Flow = 0.56' = 6.72" or 42% of the depth.
Vel @ Normal Depth of Flow = 2.15 ft/sec.
7
WATERSHED PROTECTION
In order to protect the Lake Fisher Watershed, the City of
Kannapolis has amended the Code of Ordinances of the City of
Kannapolis with respect to zoning to include Watershed Overlay
Districts. Attached and made a part of this report is Exhibit
"I-7" which is a copy of the Lake Fisher Overlay District for
both the Critical Area and the balance of the watershed.
C-3 SPECULATIVE/ACTUAL EFFLUENT LINUTATIONS
Not applicable.
10
SECTION D
ALTERNATIVES
D-1 NO ACTION
Currently, there is no sewer service to the subject area.
Therefore, the area is not as accommodating to future development
due to the environmental concerns limitations, restrictions, and
development costs associated with areas not having public sewer.
A no action alternative would mean construction and maintenance
of individual septic tanks with nitrification fields, or numerous
sewer systems with pumping stations which have a greater
potential for adverse impacts on the environment.
In a no action alternative, some areas may be determined as
to costly to develop or not developable due to groundwater and
soil conditions.
A NO ACTION ALTERNATIVE will violate the General Statutes
concerning the Annexation of Area "B". Initial Phase I plans
called for the installation of the major sewer outfalls for the
expansion of service lines as funds become available. Contracts
XVII and XVIII were part of the Phase I installations._
Preliminary sewer line locations required to complete the
initial plans (Phase I) were shown on plans prepared by Alley,
Williams, Carmen & King, Inc. which were included in the
Annexation Report. In accordance with the General Statutes
concerning Annexation, detailed engineering plans for Phase I
shall be completed and contracts for construction awarded no
later than one year from the effective date of annexation -and
construction will be completed within two years after the date of
annexation. For Annexation Area "B", the effective date of
annexation was July 1, 1993. Therefore, the project must by
under contract prior to July 1, 1994 and construction must be
completed prior to July 1, 1995. Phase II Services are to be
installed as funds become available for construction.
D-2 GRAVITY FLOW ALTERNATIVE
This alternative would require the installation of
approximately 13,540 if of 16" gravity sewer main from Joyce
Street south along the west shore of Lake Fisher to the existing
sewer system at the base of the Lake Fisher Dam. This alternate
is not feasible due to the fact that if the line is at minimum
depth at Joyce Street, and run at minimum grade, the invert
elevation of the sewer outfall at the dam would be at elevation
610 feet, plus or minus, with a ground elevation of 660 feet,
plus or minus. The last 40001, plus or minus, of this line would
11
average 40 feet to 50 feet in depth. The operation and
maintenance of a line at this depth and length is not practical
or feasible. Manholes and lines at this depth also require
additional safety precautions to comply with OSHA regulations
dealing with confined spaces. There are also several
obstructions to construction with this alternate. They are the
location of the existing Duke Power Electrical Substation on the
south side of Brantley Road and the Lake Fisher Raw Water
Pumping Station located at the Lake Fisher Dam.
PRIMARY DESIGN CRITERIA
This sewer extension would be designed in accordance with
the North Carolina Administrative Code Section 15 NCAC 2H.0219
Waste Not Discharged to Surface Waters Amended February 1, 1993.
With Lake Fisher being a WS IV Watershed, certain
minimum separations are required. Waters classified as
a Class IV Watershed shall have a minimum of 100 foot
separation between the sanitary sewer and.normal high
water (normal pool). Where'the minimum separation
cannot be maintained, ferris metal pipe with water main
joint standards shall be used, provided that at no
place shall the separation be less than 50 feet.
D-3 GRAVITY FLOW WITH PUMP STATIONS ALTERNATIVE
Contracts XVII and Contract XVIII, as proposed, will provide
sewer service for the west side of Lake Fisher. Attached and
made a part of this Report is Exhibit "B" which is a map showing
the location of the proposed sewer lines.
The sewer system is approximately 5968 linear feet of 16"
ductile iron gravity flow line along the west shore of Lake
Fisher from Joyce Street to a proposed 430 gallons per minute
(gpm) duplex submersible lift station located on the north side
of Brantley Road. This station will discharge, via approximately
430 linear feet of 6" ductile iron force main west along Brantley
Road to a proposed manhole. From that point, the wastewater will
flow again by gravity thru approximately 4900 linear feet of 16"
ductile iron gravity flow line to a proposed 560 gallon per
minute (gpm) duplex submersible sewer lift station to be located
near the intersection of Centergrove Road and Mid -Lake Road.
This station will discharge, via 1485 linear feet of 8" ductile
iron force main cross country and along Lake Fisher Road to a
proposed manhole. From that point, the wastewater will flow
again by gravity thru approximately 1287 linear feet of 15" PVC
sewer pipe along Lake Fisher Road and Centergrove Road to the
City of Kannapolis's existing sewer system on Cold Water Creek.
12
Approximately 1182 linear feet of 8" pvc and ductile iron
gravity flow sanitary sewer outfall will also connect to the
proposed lift station at Mid -Lake and Centergrove Road. This
line will provide sewer service to the Lake Fisher Road area.
Also included in this project is approximately 190 linear
feet of 8" sanitary sewer along a un=named tributary to Lake
Fisher from the 16" gravity flow line to existing Beaver Pond
Subdivision sewer lift station. This line will eliminate the
Beaver Pond sewer lift station and provide a gravity system for
that subdivision. (See Exhibit "2-6")
Projected Wastewater flows:
The design flows will be accumulative as lines are extended
in the service area over the next five to ten years.
A. Brantley Road Sewer Lift Station
The design flow is based on the annexation drainage area
located above the proposed lift station site. This area totals
270 acres. The estimated design flow is 270 acres x 2.0 housing
units per acre at 360 gals/unit which equals 194,400 gpd or 135
gpm average daily flow. The peak flow equals 337.5 gpm.
B. Mid -Lake Sewer Lift Station
The design flow is based on the annexation drainage area
located above the proposed lift station site. This area totals
428 acres. The estimated design flow,is based on 428 acres x 2.0
housing units per acre at 360 gals/unit which equals'308,160 gpd
or 214 gpm average daily flow. The peak flow equals 535 gpm.
Both stations will be designed with additional storage and
the capability of changing impellers as the future flow
increases. Both stations will be equipped with automatic
transfer switches and emergency generators. The emergency
generators will be fueled by liquid petroleum or natural gas.
Diesel fuel will not be considered since the lift stations are
adjacent to a public water supply.
Both lift stations are designed for a average daily flow
rate less the 1,000,000.00 gals/day.
This system will permit the property in the Cold Water Creek
(Lake Fisher) drainage basin to develop in an orderly fashion
without the nuisance of individual septic tanks or individual
subdivision Pump Stations.
13
PRIMARY DESIGN CRITERIA
This sewer extension will be designed in accordance with
North Carolina Administrative Code Section 15 NCAC 2H.0219 Waste
Not Discharged to Surface Waters Amended February 1, 1993.
With Lake Fisher being a WS IV Watershed, certain
minimum separations are required. Waters classified as
a Class IV Watershed shall have a minimum of 100 foot
separation between the sanitary sewer and normal high water
(normal pool). Where the minimum separation cannot be
maintained, ferris metal pipe with water main joint
standards shall be used, provided that at no place shall the
separation be less than 50 feet.
For pumping stations, no by-pass or overflow lines,
multiple pumps shall be provided capable of pumping at
a rete of 2.5 times the average daily flow rate with
with any one pump out of service. Pump-on/pump-off
elevations shall be set such that 2-8 cycles per hour
may be achieved in the pump station at average flow.
At least one of the following shall be required: (a)
dual source or standby power supply on site, or: (b)
telemetry systems with sufficient numbers of standby
generators and personnel for distribution.
14
SECTION E
PRESENT WORTH ANALYSIS
E-1 NO ACTION
If the facility is not constructed, the City of Kannapolis
will not incur any direct cost with this option except for the
maintenance of existing public facilities and or the maintenance
of Facilities installed by developers. However, a NO ACTION
ALTERNATIVE will violate the General Statutes concerning the
extension of City sewer services to this Annexation Area. This
could expose the City to possible litigation.
E-2 GRAVITY FLOW ANALYSIS
This Alternative requires the installation of approximately
13,540 if of 16" ductile iron gravity flow sewer.
Capital Cost: 13,540 if of 16" dip $190.00/lf $2,574,600.00
Engineering, Start up services: $258,500.00
Land and Easements: 58,000.00
Operation and Maintenance (per year): 3,000.00
SUB -TOTAL $2,894,100.00
Less Salvage Value:-276,187.91
PRESENT WORTH $2,617,912.09
Salvage Value is based on 40 years of service at 8% interest. The
20th year Salvage Value is $1,287,300.00. Therefore, the Present
Worth Salvage Value is,$276,187.91
E-3 GRAVITY FLOW WITH PUMP STATIONS ANALYSIS
Capital Cost: 12125 if of 16" dip $107.00/lf
1185 if of 8" pipe $ 40.00/lf
430 if of 6" force main $ 10.00/lf
14901f of 8" force main $ 14.00/lf
2 submersible lift stat.$200,000.00
SUB -TOTAL
Engineering, Start up services:
Land and Easements:
Operation and Maintenance (per year):
SUB -TOTAL
Less Salvage Value:
PRESENT WORTH
$1,297,375.00
47,400.00
4,300.00
20F925.00
$ 400,000.00
$1,770,000.00
$180,500.00
52,000.00
15,000.00
$2,017,500.00
-189,875.16
$1,827,624.84
Salvage Value is based on 40 years of service at 8% interest. The
20th year Salvage Value is $885,000.00. Therefore, the Present
Worth Salvage Value is $189,875.16.
15
According to the Present Worth Analysis, the selected
Alternate (Gravity Flow with Pump Stations) is the most cost
effective method of providing public sewer service to the area.
16
SECTION F
USER CHARGES AND FINANCIAL CAPABILITIES
See attached City of Kannapolis Projection of Water and
Sewer Fund Net Revenues and payment schedule of a loan through
the State Bond Program.
Based on a simple interest loan with a declining payment and a
principal amount of 1,736,000.00 @ 5.00% Interest, the first year
payment is $173,600.00.
Therefore: Debt Service $173,600.00/year
Power Consumption $ 12,000.00/year
Operation/Maintenance $ 3,000.00/year
Total Cost $187,950.00/year
Total Yearly Projected Flow (City Wide): 850,000,000 gals
$187,950.00/850,000 = $.221 increase per 1000 gals.
The impact on the sewer user fees for the average customer with
5000 gals/month = 5 x $.221 = $1.11/month.
However, the City Manager has proposed in the 1994-1995 Budget,
that the sewer user fee be increased $0.19 per 1000 gallons and
the water user fees be increased $.19 per 1000 gallons.
This equates to an impact on the sewer user fee for the average
customer with 5000 gals/month of $.95. The remainder of the
revenue will be generated by the expansion of the customer base
and tap fees.
17
SCHEDULE A
CITY OF KANNAPOLIS
PRINCIPAL $1,736,000.00
INTEREST 5.000/a
EQUAL PRIN. $86,800.00 TOTAL INTEREST $911,400.00
YEARS 15 OR 20 20.00 TOTAL PAYMENTS $2,647,400.00
YEAR
BEGINNING BAL.
PRINCIPAL PAY.
INTEREST PAY.
ENDING BAL.
PAYMENT
1994
$1,736,000.00
$861800.00
$86,800.00
$1,649,200.00
$173,600.00.
1995
$1,649,200.00
$86,800.00
$82,460.00
$1,562,400.00
$169,260.00
1996
$1,562,400.00
$86,800.00
$78,120.00
$1,475,600.00
$164,920.00
1997
$1,475,600.00
$86,800.00
$73,780.00
$1,388,800.00
$160,580.00
1998
$1,388,800.00
$86,800.00
$69,440.00
$1,302,000.00
$156,240.00
1999
$1,302,000.00
$86,800.00
$65,100.00
$1,215,200.00
$151,900.00
2000
$1,215,200.00
$86,800.00
$60,760.00
$1,128,400.00
$147,560.00
2001
$1,128,400.00
$86,800.00
'$56,420.00
$1,041,600.00
$143,220.00
2002
$1, 041, 600.00
$86,800.00
$52, 080.00
$954, 800.00
$138, 880.00
'2003
$954,800.00
$86,800.00
$47,740.00
$868,000.00
$134,540.00
2004
868,000.00
$86,800.00
$43,400.00
$781,200.00
$130,200.00
2005
781, 200.00
$86,800.00
$39, 060.00
$694, 400.00
$125, 860.00
2006
694,400.00
$861800.00
$34,720.00
$6071600.00
$121,520.00
2007
607,600.00
$86,800.00
$30,380.00
$520,800.00
$117,180.00
2008
520,800.00
$86,800.00
$26,040.00
$434,000.00
$112,840.00
2009
434,000.00
$86,800.00
$21,700.00
$347,200.00
$1089500.00
2010
347, 200.00
$86,800.00
$17, 360.00
$260, 400.00
$104,160.00
2011
260,400.00
$86,800.00
$13,020.00
$173,600.00
$991820.00
2012
173,600.00
$86,800.00
$8,680.00
$86,800.00
$95,480.00
2013
86,800.00
$86,800.00
$4,340.00
$0.00
$91,140.00
9
REVENUE
Operating Revenues:
- Customer charges
- Connections
- Assessments
- Other revenue .
Total
Non -operating Revenues:
- Interest
- Restricted sales tax
- Other
Total
Total revenue
EXPENDITURES
Operating Expenditure:
Administration - Salaries
- Other
Operations - Salaries
- Mat. and supplies
- Maintenance
- Treatment
- Water purchases
- Power
- Other
Total
Excess Revenues over Expenditures
CITY OF KANNAPOLIS
PROJECTION OF WATER AND SEWER
FUND NET REVENUES
92-93
Fiscal Year 94-95
-�
Actual Revenue
for Left Complete
Feral Year
Estimated Increase or
Estimated Revmue for
First Fiscal Year After
Completion of Pro ect
-s-
Due to Normal Crowth
and Rate Changes
s-
Due to
anded System
3,652 424
839,576
80,000
4,572,000
87,650
13,000
100,650
92,241
5 000
.97 241
33832j315
844 576-
93,000
4,769,891,
392229
1 000
15,000
55,229
39,229
1,000
15
14,825
3,871,544
845,576
.108 000
120
1-
Actual Fsp�ditsare
for Last Complete
Fiscal Year
Estimated Incar or )
1 + s + s
Estimated Emdihaes
First Ftseal Year After
Completion of Pro'ect
a-
Due to Normal
Crowth and Inflation
Due to
Expanded System
191 662
(4,458)
187,204
155,824
35 566
191,390.
394,619
27.231
421 850'
95,036
42,764
21900
140,300
326,679
78.921
405 6
1 489 520
2
1 460 000
2,653,340
150,504
2,500
=2,806344—
1,218,204
1 695,072
1 105,500
1 2
5
Projection of water and sewer net revenues (continued)
Other:
- Debt principal
- Interest
- Capital outlay
- Capital reserve
- Transfer to -(from) other funds
- Other
Net Income (Loss)
Rate Structure
Actual Exp4ndkum
for Last Compkte
Fiscal Year
798,792
1,251,430
72,443
(836,880)
;(67 581)
Agar Cosnp titian
Curtest of project
Indicate monthly cost for a residential customer
using$600 gallons..
wATER
Estimated Fspeaditures
First FE=4 Year After
cwwletion of Project
9423700
983,900
82,900
pereentar of
C Same
1245
/3• �S
6.327.
Within city limits
25.30
a(,0.90
6.327.
Outside city limits
SEWER
12.6 5
/ 3, !f 5
6.327.
Within city limas
25.30
21,go
6.3270
Outside city limits
NOTE: Debt service included for
this Project in the amount of $219,350.
Reduction in debt service
is due to land held by Water and Sewer Fund
being transferred to General Find along with debt
service on the land.
20
SECTION G
PUBLIC PARTICIPATION
A public hearing was duly advertised and held
monthly meeting of the City Council of the City of
April 25, 1994, for the purpose to hear the intent
bond fundina for this Droiect.
at the regular
Kannapolis on
to apply for
A second public .hearing was duly advertised on May
and will be held at the regular monthly meeting of the
Council of the City of Kannapolis to be held on May 23,
The purpose of this meeting is to address the selected
and the effect on the user rates.
21
y 5, 1994,
City
1994.
alternate
of im-y of
w Id athe flippublic
tg of
' 1. a vrasbwatar eotteetion
riiim in -T Ana o t o f the
on area. The pproAmatela
• -loan wilt Di app _•, Y
The power of the CRY o
wW not be 06di*Q.
dinctty or Indimet bo secure,
,
Vy morays due to tEl�»e state bf;
s ban
I AR Nlanslvd ppeeMon��
ed to attend tM pub
_ I and prevent 1fte4 ootmtentr•:
T adntqp vM ba. bw
i1 :pre Nareh 28, 1994 81
7= PAL. .Rte
I foeabd at 3t•
wr _
bet ttatYlapoRs,-Noah Cato,
Ilk
1 WDjecQ}froui0• the .
4_ r
-5oo4
NORTH CAROLINA
CABARRUS COUNTY.
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said
County and State, duly commissioned, qualified, and
authorized Iaw to administer oaths, personally ap-
peared
who being
first duly sworn deM2;
oses and says: that he (she) is
tOwner, partner, publisher, or other officer or employee
authorised to make this affidavit)
of Kannapolis Publishing Company, engaged in the pub-
lication of a newspaper known as The Daily Indepen-
dent. published, issued, and entered as second class
mail in the City of Kannapolis, N. C., in said County
and State; that he (she) is authorized to make this
affidavit and sworn statement; that the notice or other
legal advertisement, a true copy of which is attached
hereto, was published in The Daily Independent on the
following dates:
and that the said newspaper in which such notice,
paper, document, or legal advertisement was published
was at the time of each and every publication, a
newspaper meeting all of the requirements and qualifi-
cations of Section 1-597 of the General Statutes of
North Card%na and was a qualified newspaper within
the meaning of Section 1-07 of the General Statutes
of North Carolina.
This3 day of 19_
(signature of person making affidavit)
Sworn to and subscribed before me. this _C�_ —
day of 1g l
t
Notary Public
My Commission expires: / % 1 2 L 9�V
22
I. Bridgette Laws, City Clerk of Kannapolis, North Carolina, DO HEREBY
CERTIFY that the attached is an accurate copy of so much of the recorded proceedings
of the City Council and the Mayor of said City at a regular meeting held on March 28,
1994, said proceedings having been recorded in Minute Book 28, Volume XXVIII.
1994.
WITNESS my hand and the official seal of said City, this 30th day of March,
(SEAL)
23
EXCERPTS FROM COUN CIL INMEETLN G
MARCH 28, 1994
PUBLIC HEARING CONCERNING FINANCING OF SEWER EMPROVEMENTS
THROUGH THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES LOAN PROGRAM
Mayor Anderson referred to the City Manager's memorandum dated March 21, 1994 and
stated that under the Education, Clean Water and Parks Act of 1993 (ACT) municipalities may
make application for loans and grants to aid eligible units of government the cost of construction
of wastewater treatment works, wastewater collection systems and water supply systems and
water conservation projects. (Copy of memorandum included in official minutes as Exhibit F)
Mayor Anderson then deferred to the City Manager for further comment.
City Manager McCombs explained that the City has no assurance that the loan will be
approved as the City will be in competition with other municipalities for the money that is
available. Staff feels a more favorable rate can be obtained, if approved, rather than using other
means of financing. The City would finance $1,736,000 for a twenty (20) year period with the
first payment due in 1995 in the amount of $128,000. This payment approximates 1.4 cents on
the tax rate.
The City intends to construct a wastewaster collection system project described as Sewer
I West and Sewer H West in the Area "B" annexation area on the west side of Fisher Lake.
City Manager McCombs stated that City Council may consider several possible methods
of repaying the debt service that include on increase in water and sewer user fees or reduce the
amount of money put aside in the Capital Improvement Program each year and use toward the
debt service or the possibility of increasing taxes.
In order for the City to proceed with the application, City Council must conduct a public
hearing.
Mayor Anderson then opened the public hearing and gave those in attendance an
opportunity to speak.
Guy Maher of 1700 Azalea Street wanted to make sure he understood that in order to
finance the water and sewer project there could be a tax increase or as another avenue of funding
to raise water and sewer rates and asked if it would be city wide.
City Manager McCombs reiterated the options Council may consider in the repayment of
the loan.
Mr. Maher asked if this was something that was considered before annexation occurred
or is there any way it can be financed through possible construction in the area in order to relieve
the tax burden of other tax payers in the City that do not have any specific interests in the area.
Mr. Maher stated that he understands as a City, all benefit from what comes into the City, but
is concerned that when decisions are made, all citizens are effected and have no recourse other
than to pay the bill.
There being no further speakers from the floor, Mayor Anderson closed the public
hearing.
24
L Bri dgette Laws acting on behalf of the City of Kannapol i s
(name of clerk) (umit of govemment)
certify that in accordance with the legislation governing the funding of the
Arrrrxatipp Arm "B�� Smer IgU av+emMts west side have not received a "petition for vote"
(project title) of Lake Fisher
from any qualified voter of the Ci ty of Kannapol i s for a period of 15
(unit of govemment)
days following the public hearing held on March 28, 1994
(date)
(SEAL) Br i daetQAaws
_ (cep
(
April 19, 1994
Please attach summary of commetz<s received at the public heating.
25
I, Bridgette Laws, City Clerk of the City of Kannapolis,
North Carolina, DO HEREBY CERTIFY that the attached is an accurate
copy of a Resolution as adopted by the City Council and the Mayor
of said City at a regular meeting held on March 28, 1994, said
Resolution and proceedings having been recorded in Minute Book 28,
Volume XXVIII.
WITNESS my hand and the official seal of said City, this
29th day of March, 1994.
( SEAL) '.
1 -
fm
RESOLUTION BY GOVERNING BODY OF APPLICANT
. WHEREAS, The North Carolina Clean Water Revolving Loan and Grant Act of
1987 and the Education, Clean Water, and Parks Bond of 1993 has authorized the making
of loans and grants to aid eligible units of government in financing the cost of
construction of wastewater treatment works, wastewater collection systems, and water
supply systems, water conservation projects; and
WHEREAS, The City of Kannapolis has need for and intends to construct a
wastewater collection system project described as Sewer I West and Sewer II West in the
Area "B" annexation area on the west side of Fisher Lake; and
WHEREAS, The City of Kannapolis intends to request state loan assistance for
the project.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Kannapolis, North Carolina:
That the City of Kannapolis will arrange financing for all remaining costs of the
project, if approved for a State loan award.
That the City of Kannapolis will adopt and place into effect on or before
completion of a project a schedule of fees and charges which will provide adequate funds
for proper operation, maintenance, and administration of the system.
That the governing body of the City of Kannapolis agrees to include in the loan
agreement a provision authorizing the State Treasurer, upon failure of the City to make
scheduled repayment of the loan, to withhold from the City any State funds that would
otherwise be distributed to the local government unit in an amount sufficient to pay all
sums then due and payable to the State as a repayment of the loan.
That the City of Kannapolis will provide for efficient operation and maintenance
of the project on completion of construction thereof.
That R. Gene McCombs, City Manager and successors so titled, is hereby
authorized to execute and file an application on behalf of the City of Kannapolis with the
State of North Carolina for a loan to aid in the construction of the project described
above.
That R. Gene McCombs, City Manager and successors so titled, is hereby
authorized and directed to furnish such information as the appropriate State agency may
request in connection with such application or the project: to make the assurances as
contained above and to execute such other documents as may be required in connection
with the application.
That the City of Kannapolis has substantially complied or will substantially comply
with all Federal, State and local laws, rules, regulations, and ordinances applicable to the .
project and to the Federal and State grants and loans pertaining hereto.
Adopted this the 28th day of March, 1994 at the Council Chamber located at the
City of Kannapolis, North Carolina.
Richard Anderson, Mayor
B 'dtQ La , City Clerk res�clean
27
f
::NOTICE OF PUBLIC., -HEARING-
The City'Council of the City'of Kanhdpblis WIll,hold'a''� .
Public Hearing concerning the 201 Facilities' Plan for-Coritract:.
XVII• and Contract'XVlll for Area;uB" Annexatiori'Area'on :`'
Monday, May,23, 1994:at.7:30 RM. in the Council Chambers:'.
located at 314.South Main Street, Kannapblis -North::' :-
Carolina. F+tta+tl;,;t7ti
It is anticipated that a loan through the State Loan
Revolving Fund or the Education Clean Water Bond.Adf'Will'. F;'
be used for the construction of this project.:The proposed j1
project and. estimate of, cost will be' presented, at this`,meeting:�
All interested persons are invited to attend the public { '�
hearing and -present. their comments. '.'
Hearing • irlipaired,p®rsons.desiring addItiorial information;
or having questions regarding this subject:.ahotild call,the(,,
North Carblina:Relay Number for the Deaf:(1-800-735-8262)1;,
The meeting facilitie's-of the Cityof-Kannapolis.are:acces=
sible to people with disabilities. The 'Citj ' pebvides the''oppor- *'':
tunity to request in advance auxiliary_aids `and servicesJF:..'
you need special accommodation, please. contact Lynn;.:;; ,,;,,,;,
Honeycutt, ADA Coordinator at 704-938=5136. ;�. �,,;;,;•;.
NORTH CAROLINA
CABARRUS COUNTY.
AFFMAV1T OF PUBLICATION
Before the undersigned, a Notary Public of said
County and St , duly commissione , qualified, and
authorized by a to administer oat spersonally ap-
peared VW41VA466�
, who being
first duty savor dgposes and says: that lie tshe) Is
(Owner, partner, publisher, or other officer or employee
authorized to make this affidavit)
of Kannapolis Publishing Company, engaged in the pub-
lication of a newspaper known as The Daily Indepen-
dent, published, issued, and entered as second class
mail in the City of Kannapolis, N. C., in said County
and State; that he (she) Is authorized to make this
affidavit and sworn statement; that the notice or other
legal advertisement, a true copy of which is attached
hereto, was published in The Daily Independent on the
following dates:
S
and that the said newspaper in which such notice,
paper, document, or legal advertisement was published
was at the time of each and every publication, a
newspaper meeting all of the requirements and qualifi-
cations of Section 1-597 of the General Statutes of
North Carol'na and was a ()uaiified newspaper within
the meaning of Section 1-597 of the General Statutes
of North Car na.
This. � day of 19 ! /.
-s
(Signature of person making affidavit)
Sworn to and s ribed before me, this
day of 19�
Notary Public
MY Commission expires: (J —
00
N
I, Bridgette Laws, City Clerk of Kannapolis, North Carolina, DO HEREBY
CERTIFY that the attached is an accurate copy of so much of the recorded proceedings
of the City Council and the Mayor of said City at a regular meeting held on May 23,
1994, said proceedings having been recorded in Minute Book 29, Volume XXIX.
1994.
WITNESS my hand and the official seal of said City, this 24th day of May,
- '&j t "ril
B ' Laws, tity Clerk
(SEAL)
29
PUBLIC HEARING CONCERNING THE 201 FACILITIES PLAN FOR
CONTRACT XVH AND CONTRACT XVM FOR ANNEXATION AREA "B"
Mayor Anderson deferred to the City Manager for comment.
City Manager McCombs referred to the City Manager's memorandum dated
May 23, 1994 and stated that City Council has previously authorized the filing of an
application for a loan through the Education Clean Water Bond Act and one of the
requirements is to develop a 201 Facilities Plan for the project and hold a public hearing
on same. (Copy of memorandum included in official minutes as Exhibit A)
Jeff Moody, Engineer with Alley, Williams, Carman and King then proceeded to
explain in detail the contents of the 201 Facilities Plan. (Copy of facilities plan included
in minutes as Exhibit B)
Mayor Anderson then opened the public hearing and gave those in attendance an
opportunity to speak.
There being no speakers from the floor, Mayor Anderson closed the public hearing.
Upon motion by Councilman Meacham and seconded by Councilman Misenheimer,
approved the 201 Facilities Plan. The motion was approved by unanimous vote.
011
Czt ® 0-Cannafi ®lis
POST OFFICE BOX 1199 a KANNAPOLIS, NORTH CAROLINA 28082 -1199
DATE: May 23, 1994
MEMO
TO: Members of City Council
FROM: City Manager
SUBJECT: 201 Facilities Plan for Contract XVII and Contract XVIII
for Annexation Area "B"
BACKGROUND:
The City Council has previously authorized the filing of an application for a loan
through the State Loan Revolving Fund or the Education Clean Water Bond Act to finance
the above named projects. One of the requirements of the application is to develop a 201
Facilities Plan for the projects and submit same to the Department of Environment, Health
and Natural Resources (DEHNR).
THE PROBLEM:
It is necessary for the City Council to hold a public hearing concerning the 201
Facilities Plan for Contract XVII and Contract XVIII and provide the public an
opportunity to comment on same.
FINDINGS AND CONCLUSIONS:
It is recommended that City Council conduct a public hearing on the 201 Facilities
Plan for Contract XVII and Contact XVIII
POLICY IMPLICATIONS:
None.
31
EXHIBIT A
205 WEST AVENUE KANNAPOLIS, NORTH CAROLINA 28081
ADMINISTRATION (704) 938-5133 � PUBLIC WORKS (704) 938-5131 El PERSONNEL (704) 938-5136
FAX (704) 938-5919
City Council
May 23, 1994
Page 2
FINANCIAL EM PACT:
None.
CHECKLIST OF WHO HAS REVIEWED RECOMN ENDATIONS:
Public Works Director, Jeff Moody, City Manager
bl\cm\may2394
OR
SECTION H
ENVIRONMENTAL ASSESSMENT
For sanitary sewer extensions, there are two (2) sets of criteria
that determine if an Assessment is required. They are as
follows:
1. Sewer lines greater than three miles in length
and/or having a design flow of one million
gallons per day or greater.
2. Pump Stations with a pumping capacity of one
million gallons per day or more.
The total project length is 15,248.75 if or 2.89 miles of pipe
which is less than 3.0 miles and the average daily projected
flow is equal to 308,160 gpd. The maximum peak pumping rate is
770,400.00 gallons per day.
Both Lift Stations are designed for a average daily flow rate
less the 1,000,000.00 gals/day.
It is my professional opinion that an Environmental Assessment is
not required for this project.
However, an Environmental Assessment is included in this report
to meet the criteria set forth under the State Bond program.
33
ENVIRONMENTAL ASSESSMENT
FOR THE
CITY OF KANNAPOLIS
ANNEXATION AREA "B" SEWER IMPROVEMENTS
CONUUCT XVII & CON MCr XVM
Prepared By
Alley, Williams, Carmen & King, Inc.
P.O. Box 1248J 207 S. Main Street
Kannapolis, North Carolina
(704) 938-1515
rrrr.rq
i i
_� •'��ESSIn� '•.L9
,Vl/ 13311
�F,r''•FNC� NEE�:••'p�
I t I I I n►M``���
5-9-94
TABLE OF CONTENTS
SECTION
SECTION 1 - EXISTING ENVIRONMENT
1.01 TOPOGRAPHY
1.02 LAND USE
1.03 SOILS
1.04 SURFACE WATERS
1.05 GROUND WATER
SECTION 2 - PURPOSE
SECTION 3 - ALTERNATIVE ANALYSIS
PAGE
EA-2
EA-2
EA-2
EA-3
EA-3
EA-3
EA-4
EA-4
3.01 NO ACTION ALTERNATIVE EA-5
3.02 SEWER EXTENSIONS ALTERNATIVE EA-5
3.03 SEWER EXTENSIONS ALTERNATIVE - GRAVITY
FLOW AND FORCE MAINS EA-5
SECTION 4 - ENVIRONMENTAL CONSEQUENCES
EA-7
4.01
CHANGES IN LAND USE
EA-7
4.02
WETLANDS
EA-7
4.03
AGRICULTURAL LANDS
EA-7
4.04
PUBLIC LANDS
EA-7
4.05
SCENIC AND RECREATIONAL AREAS
EA-7
4.06
ARCHEOLOGICAL OR HISTORICAL SITES
EA-8
4.07
AIR QUALITY
EA-8
4.08
GROUNDWATER QUALITY
EA-8
4.09
NOISE LEVELS
EA-8
4.10
WATER SUPPLIES
EA-8
4.11
FISH AND THEIR HABITATS
EA-9
4.12
WILDLIFE AND THEIR HABITATS
EA-9
4.13
INTRODUCTION OF TOXIC SUBSTANCES
EA-9
4.14
EUTROPHICATION OF RECEIVING WATERS
EA-9
SECTION 5 - MITIGATIVE
MEASURES
EA-10
5.01
EROSION CONTROL
EA-10
5.02
CONSTRUCTION LIMITS
EA-10
5.03
NOISE LEVEL
EA-10
5.04
SYSTEM FAILURE
EA-10
SITE LOCATION MAP
EA-1
SECTION 1
EXISTING ENVIRONMENT
1.01 TOPOGRAPHY
The proposed project area is located in Cabarrus and Rowan
Counties, North Carolina, within the City Limits of the City of
Kannapolis. More specifically, the project will consist of
sanitary sewer outfalls, pumping stations and force mains along
the west shore of Lake Fisher beginning at Centergrove Road (SR
2114) crossing Brantley Road and Lane Street to Joyce Street.
Two (2) wastewater lift station are proposed in series.
Beginning at the northern end of the project, the gravity flow
outfall will begin at Joyce Street and flow in a southern
direction to a proposed sewer lift station at Brantley Road. The
first lift station will pump sewage, via a proposed 6" force main
to be installed west along Brantley Road to a proposed manhole at
the west boundary of the existing Duke Power Electrical Sub -
Station. From there, a gravity line will continue along the west
shore of Lake Fisher to a second proposed sewer lift station on
an un-named tributary near the intersection of Mid -lake Road and
Centergrove. This lift station will also provide gravity sewer
service to the Lake Fisher Road area south of Lake Fisher. This
lift station will pump sewage, via a proposed 8" force main to be
installed south to a proposed manhole near the intersection of
Lake Fisher Road and Centergrove. From there, the proposed
system will flow west to the existing sewer system on Cold Water
Creek.
The proposed utility will provide sewer service for both the
Existing City Limits and also future development in the area
north of Kannapolis.
The proposed project area varies in elevations from
approximately 650 feet to 680 feet above sea level. Slopes for
the project area are generally from 2% to 12%.
1.02 LAND USE
The land use along the length of the project is undisturbed
land with some farm land. The majority of the proposed sewer
improvements will be installed within Rights -of -ways being
acquired by the City of Kannapolis. The remainder of the project
will be installed along the State's roadway rights -of -way on Lane
Street, Brantley Road, and Centergrove Road. The sites for the
proposed wastewater lift stations are undisturbed woodlands.
EA-2
1.03 SOILS
The predominate soils at the proposed site area are well
drained, with moderately to slowly permeable. These soil types
are primarily Altvista Sandy Loam, Enon Sandy Loam and Poindexter
Loam. One small section of outfall of approximately 200 feet in
length crosses a section of Chewacla Sandy Loan that is poorly
drained with moderate permeability.
1.04 SURFACE WATERS
The proposed outfall crosses two
are designated as blue lines on the 7
maps. The crossings are approximately
feet north of Brantley Road. No other
impacted by -the project.
1.05 GROUND WATER
(2) perennial streams that
1/2 minute USGS quadrangle
1100 feet south, and 1400
existing surface waters are
No soil borings are recorded for the proposed project area.
The design and/or method of construction include ductile iron
pipe with water main standard joints. All lines will be air
tested for leaks, manholes and pump station wetwells will vacuum
tested and manhole to pipe connections will include watertight
rubber boots. These measures will be implemented to eliminate
the potential for groundwater contamination. The gravity flow
sanitary sewer system will extend service to area that have
failing septic tanks and drain fields.-
EA-3
SECTION 2
WG
IM
2.01 PURPOSE
The purpose of the proposed project is to provide sewer
service to the west side of Lake Fisher in Annexation Area "B" on
the east side of the City of Kannapolis which has a potential for
development in the near future.
would be served with sewer by extensions of the City of
Kannapolis's sewer collection system.
EA-4
SECTION 3
ALTERNATIVE ANALYSIS
3.01 NO ACTION ALTERNATIVE
Currently, there is no sewer service to the subject area.
Therefore, the area is not as accommodating to future development
due to the environmental concerns limitations, restrictions, and
development costs associated with areas not having public sewer.
A no action alternative would mean construction and maintenance
of individual sewer systems which have a greater potential for
adverse impacts on the environment.
Also, in a no action alternative, some areas may be
determined as to costly to develop or not developable due to
groundwater and soil conditions.
3.02 SEWER EXTENSION ALTERNATIVE - GRAVITY FLOW SYSTEM
Sewer System Improvements
This alternative would require the installation of
approximately 13,000 if of 16" gravity sewer main from Joyce
Street south along the west shore of Lake.Fisher to the existing
sewer system at the base of the Lake Fisher Dam. This alternate
is not feasible due to the fact that the invert elevation at the
dam would be at elevation 610 feet, plus or minus, with a ground
elevation of 660 feet, plus or minus. The last 40001, plus or
minus, of this line would average 40 feet to 50 feet in depth.
Obstructions to construction of this alternate are the existing
Duke Power Electrical Substation and the Lake Fisher Raw Water
Pumping Station.
3.03 SEWER EXTENSION ALTERNATIVE - GRAVITY FLOW SYSTEMS AND
FORCE MAINS
Sewer System Improvements
The sewer system as proposed is approximately 5968 linear
feet of 16" ductile iron gravity flow line along the west shore
of Lake Fisher from Joyce Street to a proposed 430 gallons per
minute (gpm) duplex submersible lift station located on the north
side of Brantley Road. This station will discharge, via
approximately 430 linear feet of 6" ductile iron force main west
along Brantley Road to a proposed manhole. From that point, the
wastewater will flow again by gravity thru approximately 4900
EA-5
linear feet of 16" ductile iron gravity flow line to a proposed
560 gallon per flow again by gravity thru approximately 4900
linear feet of 16" ductile iron gravity flow line to a proposed
560 gallon per minute (gpm) duplex submersible sewer lift station
to be located near the intersection of Centergrove Road and Mid -
Lake Road. This station will discharge, via 1485 linear feet of
8" ductile iron force main cross country and along Lake Fisher
Road to a proposed manhole. From that point, the wastewater will
flow again by gravity thru approximately 1287 linear feet of 15"
PVC sewer pipe along Lake Fisher Road and Centergrove Road to the
City of Kannapolis's existing sewer system on Cold Water Creek.
Approximately 1182 linear feet of 8" ductile iron gravity
flow sanitary sewer outfall will also connect to the proposed
lift station at Mid -Lake and Centergrove Road. Also included in
this project is approximately 190 linear feet of 8" sanitary
sewer along a un-named tributary to Lake Fisher from the 16"
gravity flow line to existing Beaver Pond Subdivision sewer lift
station. This line will eliminate the Beaver Pond sewer lift
station and provide a gravity system for that subdivision. (See
Site Location Map)
EA-6
SECTION 4
ENVIRONMENTAL CONSEQUENCES
4.01 CHANGES IN LAND USE
For the utilities being located in the rights -of -way of
existing roads (Centergrove Road, Brantley Road and Lane
Street), there is no change in land use imposed by the project
construction.
The proposed sewer outfall is primarily proposed to be
constructed in the rights -of -way purchased by the City of
Kannapolis. These Rights -of -way widths are dictated by the OSHA
requirements for 1:1 theoretical side slopes for depth of cover
for construction and maintenance. The portion of the project
impacted by the cross country sewer outfalls and lift stations is
currently farmland/woodland. The areas around these proposed
facilities can continue to be farmed upon construction
completion. Therefore, the only change in land use, as a result
of constructing this project, is the site for the wastewater lift
stations. (See Site Location Map)
4.02 WETLANDS
The proposed project should have no adverse effects on
wetlands since the proposed utility is to be constructed within
existing roadway rights -of -way and the cross country sewer
outfall and wastewater lift stations are proposed in areas
currently serving as farmland/woodland. The only known wetlands
are stream two (2) stream crossings.
4.03 AGRICULTURAL LANDS
The proposed project will have minimal impact on
agricultural lands. The only impact will be the sites for the
wastewater lift stations which will no longer be woodlands.
4.04 PUBLIC LANDS
The proposed sewer extension would have no significant
impact on public lands in the area. The property owned by the
City of Concord was purchased at the time of construction of Lake
Fisher and is provided for undeveloped buffer around the lake.
4.05 SCENIC AND RECREATIONAL AREAS
There are no scenic or recreational areas that will be
affected by the proposed project.
EA-7
4.06 ARCHAEOLOGICAL OR HISTORICAL SITES
To the best of our knowledge, there are no archeological or
historical sites in the area that will be affected by the
proposed sewer utility extension. Should it be determined at a
later date, that archaeological resources exist in the project
area, adjustments will be made to preserve on record anything of
archaeological value.
4.07 AIR QUALITY
The overall effect of air quality in the area will be
negligible. Some short term effects caused by wind blown dust
and engine exhaust during construction may occur. Through notes
on the Construction Plans and in the Technical Specifications
the contractor will be encouraged to merchandise fully stocked
stands of timber, collected during the minimum clearing required,
to minimize burning of debris during construction.
4.08 GROUNDWATER QUALITY
The proposed gravity sewer, lift stations, and force main
installation would meet the State's regulations for
infiltration/exfiltration. Therefore, there is no expected
impact on the groundwater quality.
4.09 NOISE LEVELS
Noise during construction will not be a problem to
residences that might be within listening range since
construction work will be done during the daylight. Once the
proposed extension is operational, there will be no noise
associated with the underground utilities and little noise
associated with the operation of the pump stations. However, the
noise of the lift stations would be intermittent and the stations
designs will mitigate its effects.
4.10 WATER SUPPLIES
Lake Fisher is classified as a WS IV Public Water Supply
Watershed. The proposed gravity sewer, lift stations, and force
main installation will meet the State's regulations for
installation of sanitary sewers adjacent to public water
supplies as set out in North Carolina Administrative Code Section
15 NCAC 2H.0219. Therefore, there is no expected impact on the
public water supply.
EA-8
4.11 FISH AND THEIR HABITATS
No fish and their habitats will be impacted by the proposed
project.
4.12 WILDLIFE AND THEIR HABITATS
There will be no impact on wildlife as a result of the
construction and operation of this project. The wildlife
existing in the project area is small game such as rabbits and
birds.
4.13 INTRODUCTION OF TOXIC SUBSTANCES
There will be no introduction of toxic substances to the
environment -as a result of this project.
4.14 EUTROPHICATION OF RECEIVING WATERS
There are no receiving waters, the proposed lift stations
will pump wastewater to the City of Kannapolis's existing sewer
collection system.
EA-9
SECTION 5
MITIGATIVE MEASURES
Measures are proposed to mitigate or avoid any adverse
environmental impacts the proposed extensions might have on the
area during construction and operation. Such measures will be
implemented to control erosion, reforestation of portions of the
construction easements, construction, noise, and system failure.
5.01 EROSION CONTROL
Erosion control measures and good construction practices
will be implemented to protect the surrounding areas from
siltation and pollution. Temporary or Permanent vegetation will
be planted immediately upon installation of no more than 1000
feet of line and shall continue such that no more than 1000 feet
of installed line is bare at any one time.
5.02 CONSTRUCTION LIMITS
Construction limits will be imposed during the construction
of the proposed extensions to eliminate the potential of harm to
trees not in the construction path.
5.03 NOISE LEVEL
The noise level at the wastewater lift stations sites would
be minimal. The noise of the standby generator would only occur.
during electrical failure and would be muffled by the building
enclosure.
5.04 SYSTEM FAILURE
The design of the proposed
incorporate measures to prevent
should the system fail.
A. System Capacity
wastewater lift stations would
a hazard to the environment
The proposed pumping systems have a design capacity of 430
gpm and 560 gpm, respectfully. The proposed systems will consist
of two (2) pumps alternating as lead pump and each pump capable
of pumping at the design capacities of the wastewater flows.
Therefore, the run time for each pump is reduced and redundancy
is provided in the case of pump failure.
EA-10
B. Loss of Power
In the case of electrical power failure to the pumping
stations, a standby emergency generator will be provided to
deliver power to the pumps for continued pumping.
C. Overflow and Leakage
As described above, redundant pumping capacity and a standby
generator will reduce the probability of overflow from the pump
station. Alarms and telemetry communication to indicate the
system malfunctions will alert the City's operator to problems at
the lift stations.
Careful design and good construction practices will be
implemented -to eliminate the possibility of leakage from the wet
well.
EA-11
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Proposed Sewer Ouffalls
SECTION I
34
Exhimt- T-I
STATE OF
NORTH Department of The
cARoL1NA Secretary of State
CERTMCATEV OF LNCORPORATION
OF
WATER AND* S9WIMIR AUTHORITY OF CABARRUS COUNW
WBIMMS, the governing bo(#es'of the Ciilas of Concord -an'd.-Zlai6ia:poli i-.i7ie.
TbwtS of Harrisburg. aina -Mount . sand the County 'of Cab
arrtis have filed in
this office ce-,.tified copies 61t` re"soltiti" j2
o ssignifying *the determination to or'-* "aii:
ganiZe-
authority. under'.the. provisions of_ Chapter.162A of. the Geneiral Statu, I
tes of.N6ith-
Caroiina, entitled Water ,-'and Sewer Authorjties and includiig s. .- Of
Incorporation* for such au Oity..together ther with.
authority 0 pr
oof of publication of the notice of
hearing on'each of'§i chxesolutions, and-
-
W ki KHRAS, the resolutions, includin the Articles of Inc
9,
foundo' oration., have been:
h - rp
c0g�zri.tq- the provisions.'6f.0 apt6t 162A of the General Statute' s.of
N6rth, d th:` of h-6ariiig have been found to have been properly
Norm- and e notices
published.
NOW RUFUE - MMMTM, Secretary of StAbe'df the State
a4�,
-bf'NoAI4.Carolina, do hereby ce?gff the
F
'ingpi;p-brated as..a-�ublic ' b a b'd7 politic.,
6*XABA41�US. COUNI duly
and.corporaie. for thepurposes setfortE ia (,hajAeiq'1J62A of the General Statute's of
North Ca*rQlina.
I lame hereunto set,
zny'hand and affixed -my official seal at the City
of Raleigh, this SUL 4ay ofApH4 199Z...
35
ARTICLES OF -INCORPORATION
OF THE
C o3��03�
FILED
3.00 AM
WATER AND SEWER AUTHORITY OF CABARRUS COMI'yUrtjS L lEN
SECRErmy OF STATE
The Articles of Incorporation of the Water and SewVPTh9T2jVA
of Cabarrus County, an authority organized under the provisions of
the North Carolina Water and Sewer Authorities Act, being Article
1 of Chapter. 162A of the General Statutes of North Carolina, as
amended, by the Board of Commissioners for the County of Cabarrus,
North Carolina,
the Board of Aldermen of the
City of Concord,
North
Carolina, the
City Council of the City
of Kannapolis,
North
Carolina, the
Town Council of the Town
of Harrisburg,
North
Carolina, and
the Board of Commissioners
of the Town of
Mount
Pleasant, North Carolina, are as follows:
(1) The name of such authority shall be the WATER AND SEWER
AUTHORITY OF CABARRUS COUNTY (hereinafter referred to as. the
(2) The Authority is organized under Section 162A-3 of the.
North :Car014na Water and Sewer Authorities Act, as amended.
3) The names of the organizing political subdivisions of 'the.
Author:'ty are the County of Cabarrus, North Carolina, the City of
Concord, North Carolina, the City of Rannapolis, North Carolina,
the Town of Harrisburg, North Carolina, and the Town of Mount
Pleasant, North Carolina.
(4) The Authority initially shall have nine members, two
appointed by the Board of Commissioners for the County of Cabarrus,
North Carolina, two appointed by the Board of Aldermen of the City
of Concord, North Carolina, two appointed by the City Council'of
36
the City of Kannapolis, North I Carolina, one appointed by the Town
Council of the Town of Harrisburg, North'Carolina, one appointed by
the Board of Commissioners of the Town of Mount Pleasant,, North
Carolina, and one appointed by.the Board of Commissioners for
Cabarrus County, North Carolina, with the advice of the other
organizing political subdivisions.
The names and addresses of the first members of the Authority
appointed by the Board of Commissioners for the County of Cabarrus,
North Carolina, are:
NAME ADDRESS
Bill J. Simmons, Jr. 1520 Hansom Lane
Concord, NC 28027
Kenneth F. Payne 8690 Cottonwood Trail
Concord, NC 28027
The names and addresses of the first members of the Authority
appointed by the Board of Aldermen of the City of Concord, North
Carolina, are:
NAME ADDRESS
Hector H. Henry, -II 824 Rothmore Drive
Concord, NC 28025
Donald T. Howell .511 Winfield Boulevard, S.E.
Concord, NC 28025
The names and addresses of the first members of the Authority
appointed by the City Council of the City .of Kannapolis, North
Carolina, are
NAME ADDRESS
Harold D. Holbrook 204 East 12th Street
Kannapolis, NC 28081
Melvin W. Rape 1108 Rogers Lake Road
Kannapolis, NC 28081
37
r I
The name and address of the.:first member of the Authority
appointed by the Town Council of the Town of Harrisburg, North
Carolina, are:
NAME ADDRESS
Martha H. Melvin 309 Hickory Ridge Road
Harrisburg, NC 28075
The name and address of the first member of the Authority
appointed by the Board of Commissioners of the Town of Mount
Pleasant, North Carolina, are:
NAME ADDRESS
W. Ralph Austin 208 North Main Street
Mount Pleasant, NC 28124
The name and address of the first member of the Authority
appointed by the Board of Commissioners for the County of Cabarrus,
North Carolina, with the advice of the other organizing political
subdivisions, are:
NAME
Evander H. Rowell
ADDRESS
P. O. Box 107
Rannapolis, NC 28081
(business)
218 Highland Drive
Eden, NC 27288
— (residence)
IN WITNESS WHEREOF, Cabarrus County, North Carolina, has
caused these Articles of Incorporation to be executed by the
Chairman of its Board of Commissioners and its corporate seal to be
affixed hereto and attested by the Clerk to said Board, the City of
Concord, North Carolina, has caused these Articles of Incorporation
to be executed by its Mayor and its corporate seal to be affixed
hereto and attested by its City Clerk, the City -of Rannapolis,
38
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ACKNOWLEDGMENTS
NORTH CAROLINA
COUNTY
Dwa�
I, Tncu 14. 1+4hrock a Notary Public in and for said
County and State, certify that Frankie F. Bonds personally came
before me this day and acknowledged that she is Clerk to the Board -
of Commissioners for Cabarrus County, and that by authority duly
given and as the act of the Board, the foregoing instrument was
signed in its name by its Chairman, sealed with its seal, and
attested by herself as its Clerk.
WITNESS my hand and notarial seal, this a4 day of
1992. '
Notary. Public
My commission expires: /�
NORTH CAROLINA
CABARRUS COUNTY
I,
30AN �jQ .--Po t
County and State, certify that V tck►e G . L
came before me this day and acknowledged
City of Concord, North Carolina, and that
and as the act of the City, the foregoing
its name by its Mayor, sealed with its
herself as its Clerk.
Public in and for said
JeaY,}-- personally
that she is Clerk to the
by authority duly given
instrument was signed in
seal, and attested by
WITNESS my hand and notarial seal, this 30A day of ff)Pw--cti ,
1992. (D. LA-tt
Notary Public
My commission expires:��. t
NORTH CAROLINA
CABARRUS COUNTY
I, 6rrl 018rtAgt a Nota Public in and for said
County and Stat , certify that ujS personally
came before me this day and acknowledged that jhe is Clerk to the
City of Kannapolis, North Carolina, and that by authority duly
given and as the act of the City, the foregoing instrument was
signed in its name by its Mayor, sealed with its seal, and attested
by h �self as its Clerk.
WITNESS my hand and notarial seal,, this ag day of amk- ,
1992.
Notary Public
My commission expires: .311& "
41
NORTH CAROLINA
CABARRUS QCOUNTY n
I,rba ii). �res�lev , a Notary Public in and for said
County and State, certify that' kv�L n/. Deaer- personally
came before me this day and acknowledged that She is Clerk to the
Town of Harrisburg, North Carolina, and that by authority duly
given and as the act of the Town, the foregoing instrument was --
signed in its name by its Mayor, sealed with its seal, and attested
by hcrself as its Clerk.
WITNESS my hand and notarial seal
1992.
My commission expires: -,?S-
NORTH CAROLINA
CABARRUS COUNTY
this , 3'a day of Mi." ,
OFFICIAL SEAL:
;r BARBARA M. PRESSLEY
NOTARY PUBLIC —NORTH CAROUNA
COUNTY OF CABARRUS
I, a Nota lic
'
County and State, certify that
came before me this day and acknowledged that ,he
Town of Mount Pleasant, North Carolina, and that by
given and as the act of the Town, the foregoing
signed in its name by its Mayor (), sealed
and attested by hex self as its Clerk.
in and for said
personally
Ls Clerk to the
authority duly
instrument was
with its seal,
Osss TAWSS my hand and notarial seal, this _ day of
P`.0. FUry
r tNOTArr
A
t, c Kion Zxpires :
•.
coUN,�,
�.� ' .i ..� � l� . J� � l J. L.L. • .
Notary Public
42
Exhibit I-2
NORTH CAROLINA
CABARRUS COUNTY
INTERIM OPERATION AGREEMENT
for the
Rocky River Regional Wastewater Treatment Plant and
Additional Facilities and Infrastructure
THIS INTERIM OPERATION AGREEMENT (hereinafter referred to as
the "Agreement"), made and entered into as of the last of the dates
of governing board approvals set forth hereinafter, by and between
the CITY OF CONCORD, a municipal corporation (hereinafter referred
to as "Concord"); CABARRUS COUNTY, a body politic and political
subdivision of the State of North Carolina (hereinafter referred to
as "Cabarrus") and the WATER AND SEWER AUTHORITY OF CABARRUS
COUNTY, a public corporation of the State of North Carolina
(hereafter referred to as the "Authority");
I
W I T N E S S E T H: that --
WHEREAS, under and pursuant to the provisions of N.C.G.S.
162A-3, Concord and Cabarrus, together with the City of Kannapolis
("Kannapolis"), and the Towns'of Harrisburg ("Harrisburg") and Mt.
Pleasant ("Mt. Pleasant") have established the Authority for the
purpose of planning, constructing, owning, operating and
maintaining water and sewer facilities; and
WHEREAS, the initial facilities to !be transferred to the
Authority include:
(a) the -Rocky River Regional Wastewater Treatment Plant and
appurtenant facilities and real property, more particularly
described in Deed Book 433, Page 612; Deed! Book 254, Page 39; and
Deed Book 571, Page 133, of the Cabarrus County Registry (the
43
"RRRWWTP"), currently owned by Concord under the terms of an
Agreement dated September 5, 1975 (the "Tri-Party Agreement"), by
and between the Board of Light & Water Commissioners of the City of
Concord (predecessor to the City of Concord), Cabarrus, and Cannon
Mills Company (predecessor to Fieldcrest -Cannon, Inc., hereinafter
"Fieldcrest"); and
(b) certain sewer interceptor and outfall lines owned by or
leased to Concord or Cabarrus (the "Additional Facilities and
Infrastructure"), as more particularly identified in that
Settlement Agreement effective January 6, 1992, as amended, by and
between the City of Concord and Cabarrus County incorporating that
Feasibility Study dated September, 1990, performed by Pease &
Associates for the Cabarrus Utilities Board, a general map and
description of which is attached hereto as Exhibit A and
incorporated herein by reference; and
WHEREAS, the Authority was incorporated as a public
corporation under Chapter 162A of the General Statutes effective
April 8, 1992; and
WHEREAS, the Authority desires to apply for a State Revolving
Loan (SRL) to finance necessary improvements to the RRRWWTP or to
the Additional Facilities and Infrastructure (cumulatively
identified hereinafter as the "Operating Facilities"); and
WHEREAS, the Authority wishes to continue the high quality
service provided by Concord and/or Cabarrus to all customers
utilizing the Operating Facilities; and
44
WHEREAS, the Authority, in order to be approved for and to
receive an SRL, must be legally responsible for the operation of
the Operating Facilities; and
WHEREAS, subject to the terms of the Tri-Party Agreement, as
modified by Concord and Cabarrus, but not Fieldcrest, in the
Settlement Agreement, and pending approval of the transfer of the
Operating Facilities by all applicable federal and state regulatory
authority, the Authority, together with its constituent units of
local government, desires to operate and maintain the Operating
Facilities;
NOW, THEREFORE, in consideration of mutual promises and
covenants contained herein, Concord and the Authority do hereby
agree as follows:
A G R E E M E N T
1. Operational Responsibility Transfer. As their interests
may appear, Concord and Cabarrus shall transfer responsibility for
the operation of the Operating Facilities to the Authority
effective on July 1, 1992 (the "Effective Date"). On and after the
Effective Date, operational responsibility for the Operating
Facilities shall include, but shall not be limited to, the
following:
(a) Financial - Billing and collection of revenue for
treatment services provided to Concord, Cabarrus County,
the City of Kannapolis, the Town of Harrisburg, the Town
of Mt. Pleasant, Fieldcrest -Cannon, Inc., and all other
customers who receive sewer transportation, maintenance
or treatment services from the Authority by or through
45
the Operating Facilities or otherwise, including, but not
limited to, non -domestic surcharge customers. The
Authority shall assume liability for all expenses
incurred for the operation and maintenance of the
Operating Facilities.
(b) Compliance - The Authority shall accept responsibility
and liability for compliance with all NPDES Permit limits
and conditions as well as all other state and federal
laws and regulations which relate to the operation and/or
use of the Operating Facilities.
(c) Existing Expenses - As their interests may appear,
Concord and Cabarrus shall pay all operating expenses for
the Operating Facilities which shall have been incurred
by Concord or Cabarrus respectively, if any, prior to the
Effective Date.
(d) Operations - The Authority shall operate and maintain the
Operating Facilities in such a manner so as to provide
continuous and reliable treatment of wastewater generated
from Concord, Cabarrus, the City of Kannapolis, the Town
of Harrisburg, the Town of Mt. Pleasant and by
Fieldcrest -Cannon, Inc.
2. Transfer of Fund Balance. Concord and the Authority shall
employ an independent auditor.to determine the fund balance
existing in the operational fund of the RRRWWTP on June 30, 1992.
As audited and determined under the terms and conditions of the
original federal grant, Concord shall transfer the audited fund
balance to the Authority effective July'l, 1992. Funds encumbered
46
in fiscal year 1991-92 to cover outstanding expenses of the RRRWWTP
shall not be included in the transfer except for capital line items
assigned to improvements in process at the RRRWWTP.
3. Continuation of Service. The Authority agrees to continue
to provide wastetreatment service to that same service area as is
served by the RRRWWTP on the Effective Date, but thereafter, shall
not, necessarily, be limited to that same service area.
4. User Charge System. The Authority agrees to adopt a user
charge system adequate to cover operating expenses of the Operating
Facilities which shall include, but which shall not be limited to:
(a) the replacement of facilities and equipment; and (b) such
improvements to or expansion of the Operating Facilities as may be
required by rule, regulation, generally accepted engineering,
health, or environmental standards or increased usage.
5. Existing RRRWWTP Employees. Upon the Effective Date,
Concord and the Authority agree that the Authority shall assume
responsibility for the staff of the RRRWWTP.
6. Lease and Transfer of Facilities and Infrastructure.
Concord and Cabarrus agree to complete the transfer or lease of the
Operating Facilities in accordance with that "Settlement Agreement"
dated January 6, 1992, by and between Concord and Cabarrus, as
amended.
7. NPDES Permit Transfer. Concord and the Authority agree to
forward to the North Carolina Division of Environmental Management
(DEM) an appropriate letter requesting that Concord no longer be
the Permittee and that the Authority become the Permittee for the
47--
NPDES Permit issued for the operation 'of and discharge from the
RRRWWTP.
8. Acceptance of Wastewater for Treatment. The Authority
recognizes that each constituent unit of local government which has
formed the Authority must obtain approval from the North Carolina
Department of Environment Health and Natural Resources (DEHNR) of
any proposed construction of new sewer lines, both private and
public, and that such approval can be granted only if the Authority
can accept and treat the volume of wastewater projected to arise
from the new construction. The Authority agrees to adopt a policy
which will comply with DEHNR requirements and to provide a response
to the respective unit of government for such capacity request
within no more than fifteen (15) days from the receipt of complete
information from the respective constituent unit. The Authority
acknowledges that all such requests, whether for public or private
construction, must be submitted by or be accompanied by a statement
of concurrence from the constituent unit in which the project is
located. The Authority agrees that it shall accept the wastewater
for treatment and shall not approve any actual connection unless
the connection proposed to be made is to an interceptor included in
the Additional Facilities and Infrastructure or to other sewer
lines owned by the Authority or over which the Authority has
control.
9. Pretreatment Agreements. The Authority shall enter into
an agreement with each constituent unit, i.e. Concord, Cabarrus,
Kannapolis, Mt. Pleasant and Harrisburg, for the implementation and
enforcement of a pretreatment program within each such unit. The
Authority shall accept and implement the terms and conditions of
the existing pretreatment agreements presently in force between
Concord and Cabarrus County, Harrisburg, Kannapolis and Mt.
Pleasant.
10. Term of Agreement. This Agreement shall be binding upon
and in full force and effect from the Effective Date until the
transfer and/or lease of the RRRWWTP facilities and/or the
Additional Facilities and Infrastructure has been approved by EPA
and DEM and the transfer and/or lease thereof has been fully and
finally executed by and between Concord and/or Cabarrus and the
Authority.
11. Entire Agreement. Except as expressly set forth in this
Agreement, there are no other prior or contemporaneous promises,
covenants, representations, warranties, agreements or
understandings (written or oral, or by course of dealing, course of
performance or by usage of trade) which contradict, are
inconsistent with or which supplement the terms set forth herein.
12. Situs of Agreement. This Agreement is entered into in the
State of North Carolina and shall be construed and interpreted in
accordance with the laws of the State of North Carolina.
13. Remedies and• Limitations. The parties hereto shall
execute all instruments and take all such actions as are required
and appropriate to effectuate this Agreement and the express
intention or purpose hereof. If either party should breach this
Agreement, then the other party may, at its election or discretion,
enforce its rights in a civil action (a) for specific performance
or (b) for damages. Cancellation, termination or rescission of
49
this Agreement shall not be a remedy for either party hereunder.
If either party should elect to waive any right or claim arising
under this Agreement, such waiver shall not be deemed a waiver of
any other right or claim provided for herein.
14. Binding Obligation. The parties further represent and
warrant that they have taken all actions and obtained all
authorizations, consents, and approvals as are a condition
precedent to their. authority to execute this Agreement and that
this Agreement constitutes a valid and binding obligation on their
part. Furthermore, in the event that for any reason the conditions
precedent to a party's authority to execute this Agreement have not
been accomplished in accordance with statutory requirements or
other requirements, then the parties agree that they will undertake
whatever actions are necessary to fulfill the conditions precedent
so that this Agreement will be binding on all parties.
15. Method of Amendment ITerm ination of Agreement. This
Agreement may be amended, modified (in whole or in part) or
terminated only by an agreement in writing executed in the same
manner as this Agreement, and approved,by a vote of the majority of
the members of each of the respective governing boards of Concord,
Cabarrus and the Authority.'
16. Costs. The Authority agrees to bear all costs, expenses,
and attorneys' fees associated with this Agreement.
50
IN WITNESS WHEREOF, Concord has executed this Agreement this
June
25 day of May, 1992, Cabarrus has executed this Agreement this
June
15 day of Aay, 1992, and the Authority has executed this
June
Agreement this 15 day of I, 1992.
ATTEST:
Vickie C. Weant, City Clerk
Approved as to Form
City Attbrney
ATTEST:
Frankie F. Bonds, Clerk
CITY OF CONCORD,
a Munici al C/%orporation
By: �C
Bernie A. Edwards, Mayor
This instrument has been pre -
audited in the manner required
by Local Government Budget and
Fiscal Control Act.
Finance Director
CABARRUS COUNTY,
By: a �' —0�
Carolyn B. Carpenter,
Chairperson, Cabarrus County
Board of Commissioners
Approved as to Form This instrument has been pre -
audited in the manner required
by Local Government Budget and
County Attorney Fiscal Control Act.
Finance Director
51
ATTEST:
Water and Sewer Authority of
Cabarrus County, a Public
Corporation of the State of
North Carolina
By:
a rperson, Vda-rd bf Directors
52
IREDELL CO.
:.EGEND
COUNTY LINE
RIVERS /- STREAMS /CREEKS
MAJOR ROADS .
EXISTING OUTFALLS
',CITY BOUNDARIES
EXISTING FORCE MAINS
PROPOSED INTERCEPTOR. SEWERS.
PUMPING STATIONS
:D INTERCEPTORS
_
J)DLE CREEK
�G.p ��'• !)DLE CREEK-',
RNER
HARRISBURG
CREEK'
D WATER CREEK
WS CREEK " -
1 DY CREEK • ID -MGD WWTP
'i LINES.TO BE TRANSFERED ARE HIGHLIGHTED.
RIVER/HARRISBURG OUTFALL
CREEK &OLF MEADOW =�
4ISH BUFFALO .CREEK
MILE BRANCH
,TER CREEK �___
BUFFALO CREEK INTERCEPTOR
AND FORCE MAIN._.m•.
RUN BRANCH INTERCEPTOR
RCE MAIN=ftwdt :.
EXHIBIT A
CABARRUS COUNTY WATER AND SEWER_ AUTHORITY
FEASiBIUIY STUDY JUNE IM
PROPOSED INTERCEPTOR SYSTEM
53
'- Exhibit I-3
AGREEMENT TO DESIGNATE THE WATER AND SEWER AUTHORITY
OF CABARRUS COUNTY AS THE MANAGEMENT PLANNING AGENCY
THIS AGREEMENT (hereinafter referred to as the "Agreement"), made and entered into
- as of the latter of the dates the governing boards approval set forth herein, by and between the
CITY OF CONCORD, a municipal corporation (hereinafter referred to as "Concord"); the CITY
OF KANNAPOLIS, a municipal corporation (hereinafter referred to as "Kannapolis"); the
TOWN OF HARRISBURG, a municipal corporation (hereinafter referred to as "Harrisburg);
the TOWN OF- MT. PLEASANT, a municipal corporation (hereinafter referred to as "Mt.
Pleasant); and CABARRUS COUNTY, a body politic and political subdivision of the State of
North Carolina (hereinafter referred to as "Cabarrus"); the WATER AND SEWER DISTRICT
OF CABARRUS COUNTY (the "District"); and the WATER AND SEWER AUTHORITY OF
CABARRUS COUNTY, a public corporation of the State of North Carolina (hereinafter referred
to as the "Authority");
WITNESSETH: that —
WHEREAS, under and pursuant to the provision of N.C.G.S. 162A-3, Concord,
Kannapolis, Harrisburg, Mt. Pleasant and Cabarrus, have established the Authority for the
purpose of planning, construction, owning, operating and maintaining water and sewer facilities;
and
and
WHEREAS, the District is responsible for the Water and Sewer facilities for Cabarrus;
WHEREAS, the facilities to be transferred to the Authority include:
(a) the Rocky River Regional Wastewater Treatment Plant and appurtenant facilities and
real property, more particularly described in Deed Book 433, Page 612; Deed Book 254, Page
39; and Deed Book 571, Page 133, of the Cabarrus County Registry (the "RRRWWTP".),
54
currently owned by the City of Concord under the terms of an Agreement dated September 5,
1975 (the "Tri-Party Agreement"), by and between the Board of Light & Water Commissioners
of the City of Concord (predecessor to the City of Concord), Cabarrus, and Cannon Mills
Company (predecessor to Fieldcrest -Cannon, Inc., hereinafter "Fieldcrest") and operated by the
Authority under the terms of the Interim Operation Agreement dated June 15, 1992.
(b) certain sewer interceptor and outfall lines owned by or leased to Concord or
Cabarrus (the "Additional Facilities and Infrastructure"), as more particularly identified in that
Settlement Agreement effective January 6 , 1992, as amended, by and between the City of
Concord and Cabarrus County incorporating that Feasibility Study dated September, 1990,
performed by Pease and Associates for the Cabarrus Utilities Board, a general map and
description of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Authority was incorporated as a public corporation under Chapter 162A
of the General Statutes effective April 8, 1992; and
WHEREAS , the Authority and Concord desires to transfer the original PL92-500 Grant
for the Construction of the RRRWWTP; and
WHEREAS, the Authority wishes to continue the high quality of service provided by
Concord at the RRRWTP to all customers presently served; and
WHEREAS, the Authority, together with its constituent units of local government,
desires to complete all necessary agreements and comply with Federal Environmental Protection
Agency (EPA) and State requirements to complete the transfer of the RRRWWTP and the
additional facilities and infrastructures; and
WHEREAS, the Authority has adopted a Sewer Use Ordinance and user fees in
accordance with State and Environmental Protection Agency guidelines and requirements; and
5.5
WHEREAS, the Environmental Protectiori Agency and the State require that the
Authority be the management planning agency in order for the Grant to be transferred;
NOW, THEREFORE, in consideration of mutual benefit Concord, Kannapolis,
Harrisburg, Mt. Pleasant and Cabarrus and the Authority do hereby agree as follows:
AGREEMENT
1. Designated Management Planning Agency. It is agreed that the Authority be
designated as the Management Planning Agency for the area and will act as lead agency for
water and sewer planning purposes.
2. Certification of Operation. The Authority certifies that it will maintain and
operate the treatment works in a manner to meet the enforceable requirements of the Clean
Water Act including the NPDES Permit requirements for the design life of the treatment works.
3. . Certification of Capability. The Authority being incorporated under G.S. 162-A
has the legal and institutional capability to insure adequate operation and maintenance of the
treatment works. In addition the Authority certifies that it has tfie managerial and financial
capability to further insure adequate operation and maintenance of the treatment works and
interceptors throughout the service area which consist primarily of Cabarrus County.
4. Compliance with Applicable Grant Conditions. The Authority agrees to comply
with all conditions of the original grants issued under PL92-500 that are still applicable with
respect to the RRRWWTP and interceptors constructed thereunder.
5. Continue Treating Wastewater._ The Authority agrees to continue to provide
treatment of all wastewater now being treated at the RRRWWTP by the City of Concord.
6. Request for Transfer. The Authority and Concord agree to formally request that
the EPA transfer the original Grant from the RRRWWTP and interceptors from Concord to the
56
Authority. It is further agreed that the EPA should consider this document as that formal
request.
7. Execution of Novation Agreement. The Authority and Concord agree to execute
a Novation Agreement which shall be prepared by the Environmental Protection Agency .
transferring the Grant to the Authority.
8. Term of the Agreement. This agreement shall be binding and in full force and
effect from this effective date until the terms and conditions of all grants transferred to the
Authority have been satisfied including the design life of the facilities.
9. Entire Agreement. Except as expressly set forth in this Agreement, there were
no other prior or contemporaneous promises, covenants, representations, warranties, agreements
or understandings (written or oral,. or by course of dealing, course of performance or by usage
of trade) which contradict, are inconsistent with or which supplement the terms set forth herein.
r 10. Situs of Agreement. This agreement is entered into in the State of North Carolina
and shall be construed and interpreted in accordance with the laws of the State of North
Carolina.
11. Remedies and Limitations. The parties hereto shall execute all instruments and
take all such actions as are required and appropriate to effectuate this Agreement and the express
intention or purpose hereof. If any party should breach this Agreement, then the other parties
may, at their election or discretion, enforce their rights in a civil action (1) for specific
performance or (b) for damages. Cancellation, termination or rescission of this Agreement shall
not be a remedy for the party hereunder. If any party should elect to waive any right or claim
arising under this Agreement, such waiver shall not be deemed a waiver of any other right or
claim provided for herein.
57
12. Binding Obligation. The parties further represent and warrant that they have
taken all actions and obtained all authorizations, consents, and approvals as are a condition
precedent to their authority to execute this Agreement and that the Agreement constitutes a valid
and binding obligation on their part. Furthermore, in the event that for any reason the
conditions precedent to a party's authority to execute this Agreement have not been accomplished
in accordance with statutory requirement so their requirements, then the parties agree that they
will undertake whatever actions are necessary to fulfill the conditions precedent so that this
Agreement will be binding on all parties.
15. Method of Amendment/Termination of Agreement. This Agreement may be
amended, modified (in whole or in part) or terminated only by an agreement in writing executed
in the same manner as this Agreement, and approved by a vote of the majority of the members
of each of the respective governing boards of Concord, Kannapolis, Harrisburg, Mt. Pleasant,
and Cabarrus and the Authority.
16. Costs. The Authority agrees to bear all costs, expenses, and attorneys' fees
associated with this Agreement.
IN WITNESS WHEREOF, Concord, Kannapolis, Harrisburg, Mt. Pleasant, and
,,JJ 3
Cabarrus has executed this Agreement this & day of i-6 , 19ok- and the Authority has
executed this Agreement this day of(,,, 1992.
ATTEST:
City. Clerk of the City of Concord,
North Carolina
CITY OF CONCORD
A Munici 1 Corporation
By:
Mayor of the City of Concord,
North Carolina
58
C oft ity of
apolis, North Carolina
CITY OF KANNAPOLIS
A Municip Corpo tioa
By:
Mayor of the City of Kannapolis,
North Carolina
TOWN OF HARRISBURG
A Municipal Corporation
By: ,
Ma r of the Town of 1rarrisburg,
North Carolina
ATTEST:
' Towa Clerk to the To f
Harrisburg, North Carolina
- -. TOWN' OF MT. PLEASANT
A Municipal Co oration
By:
Mayor of the Town o easant,
r North Carolina
ATTEST:.
Town Clerk to the Town of
Mt. Pleasant, North Carolina
CABARRUS CO
By:
Cha an of the Board of .,
Commissioners for Cabarrus County,
North Carolina
ATTEST:
Clerk to the Board of
Commissioners for Cabarrus County,
-North Carolina 59
WATER AND SEWER DISTRICT OF
CABARRUS CO
By: -
Chairman
-..-ATTEST: ``.._._...._..._.. ._. - .. -- - - =—
District Clerk
WATER AND SEWER AUTHORITY OF
CABARRUS COUNTY
By: YzZd� / ALC
Chairman, Board of Directors
,ATTEST:
1 ,
Secretary
4
Exhibit I-4
WSACC
S/ \CC
................................................
WATER & SEWER AUTHORITY OF CABARRUS CO.
May 23, 1994
Mr. R. Gene McCombs, City Manager
City of Kannapolis
Post Office Drawer 1199
Kannapolis, North Carolina 28082-1199
Subject: City of Kannapolis Annexation Area "B"
(Contracts XIV, XV, XVII and XVIM
Dear Mr. McCombs:
As you are aware, we have available treatment capacity . at the Rocky River Regional
Wastewater Treatment Plant (RRRWTP) to handle. anticipated flows from your newly annexed
Area "B". I have written letters of flow acceptance to Jeff Moody as your various.projects have
been submitted for approval.
The existing Cold Water Creek Interceptor, owned and operated by the Water and -Sewer -
Authority of Cabarrus County (WSACC); is the means of . transportation of Area "B" waste-
water to the RRRWTP. The Cold Water Creek Interceptor was constructed around 1966 and
serves a drainage basin, including your Area "B", that has the potential for significant
development by. Cabarrus County and the City of Concord as well as the City of Kannapolis
We are aware that flow capacity in this system may be exceeded in the. future.
Boyle Engineering is now in the process of .completing a master plan for WSACC to
identify and .prioritize future sewer needs including the Cold Water basin. - It is our intent in
keeping With the mission and objectives of WSACC, to develop a long range plan for funding
and construction of all major interceptors in our service area.
Sincerely, =
?ohn. Murdock, III
- Executive Director
JCM:jys -
cc: Melvin- Rape
232 Davidson Hwy.
P.O. Box 428
Concord, NC 28027 , 61
Ph 704.786.1783
Fx 704.786.5205
I
I
EXHIBIT I-5
Proposed Annexation by
City. of Kannapolis
October 14, 1987
16**
PUMP
I
II
21-0
1309
R-93
1312
1513
JL
too
2196
Nz-
2-191
;190
LM 2252 ROO
yl
V, ... I
1.4.1 CO*CCWD
15"
CONCORD %
j LAKE
V/
Proposed Under Construction
LIM
309
1. A KF
FISHER
Aft
AMR
EXHIBIT 1-6
Proposed Sewer Ouffalls
63
CITY OF XANNAPOLIS
WATERSHED OVERLAY DISTRICT X"
NOTES: Watershed Overlay Districts
A. Critical Area (CA)
All of part of a property is located in a Watershed Critical Area
(CA) if it meets all of the following three criteria:
1. It is located in the City of Kannapolis or its Area of
Extraterritorial Jurisdiction; and
2. Stormwater from the property drains into one of the following
water supply lakes: Kannapolis Lake (KLWS-CA), Lake Concord
(LCWS-CA), or Lake Fisher (LFWS-CA); and
3. It is located within 1/2 mile of the normal pool elevation of
the lake to which it drains. Normal pool elevations are as
follows:
Lake Normal Pool Elevation above Mean Sea Level
Kannapolis 726.4 feet
Concord 665 feet
Fisher 646 feet
B. Balance of Watershed (BW)
All or part of a property is located in a Watershed Balance of
Watershed (BW) if it meets all of the following four criteria:
3.
4.
It is located in the City of Kannapolis or its Area of
Extraterritorial Jurisdiction; and
It is located within the area formed by the external boundary
of a Balance of Watershed area as shown on the map; and
Stormwater from the property drains into one of the following
water supply lakes: Kannapolis Lake (KLWS-CA), Lake Concord
(LCWS-CA), or Lake -Fisher (LFWS-CA); and
It is not located within a Critical Area.
.y C. In determining the application of the Watershed Overlay J�
60
Districts, the "best available" information shall be used. f/
' -!may ••'• -
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Amending Chapter 18
An Ordinance Amending the
Code of Ordinances of the City of Kannapolis
With Respect to Zoning
BE IT ORDAINED by the City Council of the City of Kannapolis, North Carolina,
that the Code of Ordinances of the City of Kannapolis be amended as follows:
Part I. That Article 3, Zoning Districts, Section 3:2 Overlay Districts is
hereby rewritten to read as follows:
"Section 3:2 OVERLAY DISTRICTS
The Primary Zoning Districts (Districts) established in Section 3:1 are hereby
subjected 'to the additional regulations, -of OVERLAY DISTRICTS as designated herein
and as shown on the Official Zoning Map. Any land zoned in any Primary Zoning
District may also be zoned one or more of the following Overlay District
classifications -provided that said land is either designated as being contained
within the physical boundaries of an Overlay District upon adoption of this
Zoning Ordinance or by due process of the map amendment procedure as stipulated
in ARTICLE 12 herein.
SYMBOL OVERLAY DISTRICTS
ICS Interstate Commerce Sign Overlay
MH-1 Manufactured Home Overlay
MH-2 Manufactured Home Overlay
MHP Manufactured Home Park Overlay
HSP Historical Structure Protection Overlay
TP Thoroughfare Protection Overlay
Watershed Overlay Districts
KLWS-CA Kannapolis Lake Watershed Critical Area Overlay (WS-III*)
KLWS-BW Kannapolis Lake Watershed Balance of Watershed Overlay (WS-III*)
LCWS-CA Lake Concord Watershed Critical Area Overlay (WS-IV*)
LCWS-BW Lake Concord Watershed Balance of Watershed Overlay (WS-IV*)
LFWS-CA Lake Fisher Watershed Critical Area Overlay (WS-IV*)
LFWS-BW Lake Fisher Watershed Balance of Watershed Overlay (WS-IV*)
* Water Supply Watershed classification as assigned to the water supply watershed
by the North Carolina Environmental Management Commission pursuant to North
Carolina General Statutes 143-214.5."
66
Part II. That Article 4, Definition of Terms, is hereby amended by adding a new
Section 4:4 to read as follows:
"Section 4.4 Supplemental Special Watershed Overlay Definitions
The following supplemental special definitions apply to the Watershed Overlay
District Regulations.
Balance of Watershed BW . The remainder of a watershed outside the critical
area.
Best Management Practices (BMP). A structural or nonstructural management -based
practice used singularly or in combination to reduce nonpoint source inputs to
receiving waters in order to achieve water quality protection goals.
Buffer. An area of natural or planted vegetation through which stormwater runoff
flows in a diffuse manner so that the runoff does not become channelized and
which provides for infiltration of the runoff and filtering of pollutants. The
buffer is measured , landward from the normal pool elevation of impounded
structures and from the bank of each side of streams or rivers.
Built -upon Area. Built -upon areas shall include that portion of a development
project that is covered by impervious or partially impervious cover including
buildings, pavement, gravel roads, drives and parking areas, recreation
facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water
area of a swimming pool are considered pervious.)
Critical Area (CA). The area adjacent to a water supply intake or reservoir
where risk associated with pollution is greater than from the remaining portions
of the watershed. The critical area is defined as extending either one-half mile
from the normal pool elevation of the reservoir in which the intake is located or
to the ridge line of the watershed (whichever comes first); or one-half mile
upstream from the intake located directly in the stream or river (run -of -the -
river), or the ridge line of the watershed (whichever comes first). Local
governments may extend the critical area as needed. Major landmarks such as
highways or property lines may be used to delineate the outer boundary of the
critical area if these landmarks are immediately adjacent to the appropriate
outer boundary of one-half mile.
Development. Any land disturbing activity which adds to or changes the amount of
impervious or partially impervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil.
Discharging Landfill. A facility with liners, monitoring equipment and other
measures to detect and/or prevent leachate from entering the environment and in
which the leachate is treated on site and discharged to a receiving stream.
Existing Development. Those projects that are built or those projects that at a
minimum have established a vested right under North Carolina zoning law as of the
effective date of these provisions based on at least one of the following
criteria:
67
(1) substantial expenditures of resources (time, labor, money) based on a good
faith reliance upon having received a...'. valid local government approval to
proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General
Statutes (G.S. 153A-344.1 and G.S. 160A-385.1), or
(3) having expended substantial resources (time, labor, money) and having an
approved site specific or phased development plan as authorized by the
General Statutes (G.S. 153A-344.1 and G.S. 160-A-385.1).
Hazardous Material. Any substance listed as such in: Superfund Amendments and
Reauthorization Act (SARA) section 302, Extremely Hazardous Substances,
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Hazardous Substances, or Section 311 of Clean Water Act (CWA) (oil and hazardous
substances). -
industrial Development. Any non-residential development that requires an NPDES
permit for an industrial discharge and/or requires the use- or storage of any
hazardous material for the purpose of manufacturing, assembling, finishing,
cleaning or developing any product or commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary
manner in accordance with Chapter 130A Article 9 of the NC General Statutes. For
the purpose of these provisions this term does not include composting facilities.
Major Variance. A variance that results in any one or more of the following:
(1) the complete waiver of a watershed management requirement;
(2) the relaxation, by a factor of more than ten (10) percent, of any management
requirement that takes the form of a numerical standard.
Minor Variance. A variance that does not qualify as a major variance.
Non-residential Development. All development other than residential development,
agriculture and silviculture.
Residential Development. Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses, cottages,
mobile homes, etc. and their associated outbuildings such as garages, swimming
pools, storage buildings, gazebos, etc.
Sedimentation Control Permit. A permission granted by the State of North
Carolina for a person to conduct a land disturbing activity pursuant to the
Sedimentation Pollution Control Act of 1973, as amended.
Toxic Substance. Any substance or combination of substances (including disease
causing agents), which after discharge and upon exposure, ingestion, inhalation,
or assimilation into any organism, either directly from the environment or
indirectly by ingestion through food chains, has the potential to cause death,
disease, behavioral abnormalities, cancer, genetic mutations, physiological
malfunctions (including malfunctions or suppression in reproduction or growth) or
M-1
physical deformities in such organisms or their offspring or other adverse health
effects.
Variance. A permission to develop or use property granted by the Board of
Adjustment relaxing or waiving a water supply watershed management requirement
that is incorporated into this Ordinance.
Water Dependent Structure. Any structure for which the use requires access to or
proximity to or siting within surface waters to fulfill its basic purpose, such
as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific
point (e.g. the water supply intake)."
Part III. That -Article 5, Zoning District Regulations, Section 5:3 Individual
Overla Zonin District Regulations, iishereby amended by deleting the provisions
of Subsection 5:3.5, WP, Watershed Protection Overlayand designating Subsection
5:3.5 as "reserved", by deleting Subsection 5:3.5.1, Lot Area Requirements, and
by creating the following new Subsections:
"5:3.8 General Provisions Applicable to All Watershed Overlay Districts
The following general provisions apply to all Watershed Overlay Districts. These
provisions and the provisions contained in the Individual Watershed Overlay
Districts are designed to protect the water quality of the Water Supply
Watersheds that lie within the jurisdiction of this Ordinance and to implement
the rules adopted by the North Carolina Environmental Management Commission for
the classified watersheds pursuant to North Carolina General Statutes 143-214.5.
(a) The construction of new roads and bridges and non-residential development
should minimize built -upon area, divert stormwater away from surface water
supply waters as much as possible, and employ best management practices
(BMPs) to minimize water quality impacts. To the extent practicable, the
construction of new roads in the critical area should be avoided. The
Department of Transportation BMPs as outlined in their document entitled
"Best Management Practices for the Protection of Surface Waters" shall be
used in all road and bridge construction projects in the Watershed Overlay
Districts.
(b) All development activities within Watershed Overlay Districts, in addition
to those activities specifically regulated by these provisions, are subject
to the standards, usage conditions and other regulations contained in the
Rules and Requirements of the Surface Water Supply Protection Rules adopted
by the North Carolina Environmental Management Commission.
(c) A minimum 30-foot vegetative buffer for development activities is required
along all perennial waters, including streams, rivers and impoundments,
indicated on the most recent versions, of United States Geodetic Survey
(USGS) 1: 24,000 scale topographic maps; provided, that nothing in this
Subsection shall prevent artificial streambank or shoreline stabilization.
No new development is allowed in the, buffer, except that water dependent
structures, and public works projects such as road crossings and greenways
may be allowed where' no practicable alternative exists. These activities
shall minimize built -upon surface area, direct runoff away from the surface
water, and maximize the utilization of SMPs.
(d) Existing development, as defined in this Ordinance, is not subject to the
requirements of the overlay provisions. Expansions to structures classified
as existing development must meet the requirements of these provisions,
provided however, the built -upon area of the existing development is not
required to be included in the density calculations. In determining
expansions to existing development, the maximum permitted additional built -
upon area is derived by -multiplying the area of the portion of the property
that is not built -upon by the appropriate percent built -upon limitation for
" the 'Overlay District 'in which 'the -'property is located.
(e) A pre-existing lot created prior to the effective date of this Ordinance,
regardless of whether or not a vested right has been established, may be
developed or redeveloped for single family residential purposes without
being subject to the restrictions of these overlay provisions.
(f) Any existing building or built -upon area not in conformance with the
limitations of these provisions that has been damaged or removed for any
reason may be repaired and/or reconstructed, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and
completed within two (2) years of such damage or removal.
(2) The total amount of space devoted to built -upon area may not be
increased.
(3) The repair or reconstruction is otherwise permitted under the
provisions of this Ordinance.
(g) No activity, situation, structure or land use shall be permitted or allowed
to operate within a watershed which poses a threat to water quality and the
public health, safety and welfare. Such conditions may arise from
inadequate on -site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper storage
or disposal of junk, trash or other refuse within a buffer area; the absence
or improper implementation of a spill containment plan for toxic and
hazardous materials; the improper management of stormwater runoff; or any
other situation found to pose a threat to water quality.
(h) The Zoning Administrator may require such information on Zoning Compliance
Permit and Development Plan applications, including density/built-upon area
calculations, as he may deem necessary to determine compliance with
Watershed Overlay District provisions.
(i). The Zoning Administrator may, prior to the issuance of any permit in a
Watershed Overlay District, require evidence of a valid Sedimentation
Control Permit issued by the State of North Carolina or evidence
satisfactory to the Administrator that no permit is required.
70.
(j) The Zoning Administrator shall maintain records of the administration of the
Watershed Overlay District regulations and shall submit any modifications of
the regulations to the Division of -Environmental Management, Division of
Environmental Health and Division of Community Assistance. The Zoning
Administrator shall also maintain a record of variances issued and shall
submit an annual report of each project receiving a variance and the reason
for the variance to the Division of Environmental Management.
5:3.9 KLWS-CA Kannapolis Lake Watershed Critical Area Overlay
The purpose of the KLWS-CA Kannapolis Lake Watershed Critical Area Overlay is to
provide for protection of the Kannapolis Lake Water Supply consistent with the
WS-III Critical Area watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
5:3.9.1- General Development Standards
(a) No new sites for land application of sludge/residual or petroleum
contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
(d) New industrial development shall incorporate adequately designed,
constructed and maintained spill containment structures, as determined
by the Kannapolis Fire Chief or his designated agent, if hazardous
materials are either used, stored or manufactured on the premises.
5:3.9.2 Density/Built-upon Limitations
(a) Residential development shall not exceed one (1) dwelling unit per acre
or, optionally, twelve percent (12%) built -upon area, on a project by
project basis.
(b) Non-residential development shall not exceed twelve percent (12%)
built -upon area, on a project by project basis.
5:3.10 KLWS-BW Kannapolis Lake Watershed Balance of Watershed Overlay
The purpose of the KLWS-BW Kannapolis Lake Watershed Balance of Watershed Overlay
District is to provide for protection of the Kannapolis Lake Water Supply
consistent with the WS-III Balance of Watershed watershed management rules as
adopted by the North Carolina Environmental Management Commission.
5:3.10.1 General Development Standards
(a) No new discharging landfills are allowed.
(b) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
71
5:3.10.2 Density/Built-upon Limitations
(a) Residential development shall not exceed two (2) dwelling units per
acre or, optionally, twenty-four percent (24%) built -upon area, on a
project by project basis.
(b) Non-residential development shall not exceed twenty-four percent (24%)
built -upon area, on a project by project basis.
(c) Notwithstanding the limitations of 5:3.10.2 (b) above, 5% of the KLWS-
BW area may be developed with new non-residential development projects
of up to seventy percent (70%) built -upon area as Special Non-
residential Intensity Allocations (SNIAs). SNIAs shall be allocated
and developed in accordance with the following rules:
(1) SNIAs shall be allocated by the Zoning Administrator through the
Zoning Compliance Permit/Development Plan process. The Zoning
Administrator shall maintain a record of the total acreage in the
KLWS-BW area eligible for SNIAs, the acreage that has been
allocated and the acreage that has been used as of the latest
date. In no case shall allocated acreage exceed the acreage
eligible for allocation.
(2) SNIAs shall be allocated on a "first come, first served" basis
upon the approval and issuance of the appropriate permit.
(3) The right to develop a SNIA shall terminate with the loss of the
right to develop due to the expiration of a Zoning Compliance
Permit, Zoning Compliance Permit with Vested Rights, or Building
Permit. In such a case, the allocated acreage, or unused
allocated acreage, shall be returned to the unallocated total
acreage eligible for allocation.
(4) In no case shall the built -upon area of a SNIA exceed the bui.lt-
upon limitations of the Primary Zoning District in which the SNIA
is located as shown in Table V-II.3 as "Lot Coverage".
5:3.11 LCWS-CA Lake Concord Watershed Critical Area Overlay
The purpose of* the LCWS-CA Lake Concord Watershed Critical Area Overlay is to
provide for protection of the Lake Concord water supply consistent with the WS-IV
Critical Area watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
5:3.11.1 General Development Standards
(a) No new sites for land application of sludge/residual or petroleum
contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill -failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
72
5:3.11.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally, twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
5:3.12 LCWS-BW Lake Concord Watershed Balance of Watershed Overlay
The purpose of the LOWS-BW Lake Concord Watershed Balance of Watershed Overlay is
to provide for protection of the Lake Concord water supply consistent with the
WS-IV Balance of Watershed watershed management rules as adopted by the North
Carolina Environmental Management Commission for such classified areas.
5:3.12.1 General Development Standards
(a) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
5:3.12.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally, twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
(c) Residential development activities which require a Sedimentation
Control Permit and which are not required to use, or do not utilize for
storm drainage purposes, a curb and gutter street system, shall not
exceed three (3) dwelling units per acre or, optionally, thirty-six
percent (36%) built -upon area, on a project by project basis.
(d) Non-residential development activities which require a Sedimentation
Control Permit and which are not required to use,. or which do not
utilize for storm drainage purposes, a curb and gutter street system,
shall not exceed thirty-six percent (36%) built -upon area, on a project
by project basis.
5:3.13 LFWS-CA Lake Fisher Watershed Critical Area Overlay
The purpose of the LFWS-CA Lake Fisher Watershed Critical Area Overlay is to
provide for protection of the Lake Concord water supply consistent with the WS-IV
Critical Area watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
73
5:3.13.1 General Development Standards
(a) No new sites for land application of sludge/residual or petroleum
contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill -failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
5:3.13.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally, twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
5:3.14 LFWS-BW Lake Fisher Watershed Balance of Watershed Overlay
The purpose of the LFWS-BW Lake Fisher Watershed Protected Area Overlay is to
provide for protection of the Lake Fisher water supply consistent with the WS-IV
Balance of Watershed watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
5:3.14.1 General Development Standards
(a) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent:••
5:3.14.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
(c) Residential development activities which require a Sedimentation
Control Permit and which are not required to use, or do not utilize for
storm drainage purposes, a curb and gutter street system, shall not
exceed three (3) dwelling units per acre or, optionally, thirty-six
percent (36%) built -upon area, on a project by project basis.
74
(d) Non-residential development activities which require a Sedimentation
Control Permit and which are not. required to use, or which do not
utilize for storm drainage purposes, a curb and .gutter street system,
shall not exceed thirty-six percent (36%) built -upon area, on a project
by project basis."
Part IV. That Article 6, General Regulations and Requirements, Section 6:18,
Lots of Insufficient Size, is amended by rewriting the last paragraph in that
Section to read as follows:
"If two or more adjoining and vacant Lots of Record of insufficient size existing
and designated by metes and bounds prior to the applicability of this Zoning
Ordinance and amendments thereto are in single ownership at any time after the
adoption of this Ordinance and such lots individually have less area or width
than the minimum requirements of the Primary Zoning District in which such Lots
are located, such Lots shall be considered as either a single Lot or as several
Lots which meet the minimum requirements of this Zoning Ordinance for the Primary
Zoning District -in which such Lots are located. Provided, however, the
provisions of this paragraph shall not require the combination of existing lots
to meet the additional requirements of Watershed Overlay Districts."
Part V. That Article 11, Board of Adjustment is amended by adding a new Section
11:6 to read as follows:
"Section 11:6 Variances from Watershed Overlay District Requirements
The Board of Adjustment may authorize variances from the specific requirements of
the Watershed Overlay Districts in the same manner and subject to the same
procedures and requirements of this Article for authorizing other variances,
provided that:
1. The notice required in Section 11:5 shall also be mailed by first class mail
to all other local governments having watershed regulation jurisdiction
within the particular watershed where the variance is requested and to each
entity using that water supply for consumption; and
2. Favorable action by the Board of Adjustment on any major variance, as
defined in this Ordinance, shall constitute a favorable recommendation but
such major variance shall not become effective unless authorized by the
Environmental Management Commission in accordance with their rules or
procedure."
Part VI. That Article 11, Board of Adjustment, is amended by adding a new
Section 11:7 to read as follows:
"Section 11:7 Interpreting Watershed Overlay District Boundaries
The Board of Adjustment, in addition to its authority contained in Section 7:3 in
interpreting zoning district boundaries and 4n Section 11:2 (1) in deciding
appeals, shall have the power to make adjustments to the exterior boundary of
75
shown on the Official Zoning Map as being in a Watershed Overlay District
actually drains to that Watershed, the Board of Adjustment shall, upon appeal by
the owner, make a determination as to the facts of the matter as it affects the
subject property.
In determining whether a property or part of a property drains to the Watershed
as in
on the Map, the Board of Adjustment shall base its determination on
actual field conditions of the property as determined by topographical
conditions. In making its determination, the Board of Adjustment may require the
appellant to produce relevant expert testimony and exhibits.
After hearing such appeal, the Board shall find that the subject property (all or
part) is either in the designated Watershed or out of the designated Watershed.
If the Board shall find that the subject property is out of the designated
Watershed, the Board shall order the ;tap to be adjusted to show the subject
property to be outside the designated Watershed. In making such order, the Board
of Adjustment shall designate the Watershed in which the subject property is
located. If such designation causes the subject property to be located in
another Watershed Overlay District, the order shall cause the Map to be adjusted
to show the same."
Part VIT_. All ordinances in conflict with the provisioas of this Ordinance are
hereby repeated to the extent of such conflict.
Part VIII. This Ordinance shall become effective the 1st day of July, 1993.
ADOPTED this the 5th day of May , 1993, by the City Council of the
City of Kannapolis, :forth Carolina.
ATTEST:
Bra ette w , ` L ` erk Bachman S. Brown, Jr., ,'Mayor
kp3/wsodord
76
i
cc► c
TABLE OF CONTENTS
SECTION PAGE
SECTION A A-1 SUMMARY 3
SECTION A A-2 CONCLUSION AND RECOMMENDATION 3
SECTION B CURRENT SITUATION 5
B-1 COLLECTION SYSTEM AND WWTP DESCRIPTION 5
B-1.1 CURRENT LEVEL OF SERVICES IN THE CITY 5
CITY OF KANNAPOLIS
B-1.2 CURRENT LEVEL OF SERVICE IN THE 5
ANNEXATION
B-2 POPULATION; DEMOGRAPHICS 6
B-3 INFILTRATION/INFLOW 6
B-4 BREAKDOWN OF CURRENT FLOWS 7
B-4.1 RESIDENTIAL 7
B-4.2 COMMERCIAL 7
B-4.3 INDUSTRIAL 7
B-4.4 I/I ANALYSIS 7
SECTION C - FUTURE SITUATION 8
.C-1 POPULATION PROJECTIONS 8
C-2 FLOW PROJECTIONS 9
C-3 SPECULATIVE/ACTUAL EFFLUENT LIMITATIONS 10
SECTION D - ALTERNATIVES 11
D-1 NO ACTION 11
D-2 GRAVITY FLOW ALTERNATIVE 11
D-3 GRAVITY FLOW WITH PUMP STATIONS 12
SECTION E - PRESENT WORTH ANALYSIS 15
E-1 NO ACTION 15
E-2 GRAVITY FLOW ALTERNATIVE 15
E-3 GRAVITY FLOW WITH PUMP STATIONS 15
SECTION F - USER CHARGES AND FINANCIAL CAPABILITIES 17
SECTION G - PUBLIC PARTICIPATION 21
G-1 AFFIDAVIT OF PUBLICATION OF 22
PUBLIC HEARING FOR FILING OF
APPLICATION
1
1
G-2 EXCERPTS FROM COUNCIL MEETING OF PUBLIC 23
MEETING CONCERNING FILING OF APPLICATION
G-3 RESOLUTION BY GOVERNING BODY 27
OF APPLICANT FOR FILING OF APPLICATION
G-4 AFFIDAVIT OF PUBLICATION OF 28
PUBLIC HEARING ON THE 201 FACILITIES
PLAN
G-5 EXCERPTS FROM COUNCIL MEETING OF PUBLIC 29
MEETING ON THE 201 FACILITIES PLAN
SECTION H - ENVIRONMENTAL ASSESSMENT
SECTION I - EXHIBITS
33
34
I-1
CERTIFICATE OF INCORPORATION OF
35
WATER AND SEWER AUTHORITY OF
CABARRUS COUNTY
I-2
INTERIM OPERATION AGREEMENT FOR THE
43
ROCKY RIVER REGIONAL WASTEWATER
TREATMENT PLANT AND ADDITIONAL
FACILITIES AND INFASTRUCTURE
I-3
AGREEMENT TO DESIGNATE THE WATER AND
54
AND SEWER AUTHORITY OF CABARRUS COUNTY
AT THE MANAGEMENT PLANNING AGENCY
I-4
LETTER FROM THE WATER AND SEWER
61
AUTHORITY STATING THAT THEY WILL
ACCEPT AND TREAT THE WASTE
I-5
PROPOSED ANNEXATION MAP OF AREA "B"
62
I-6
PROPOSED SEWER OUTFALLS MAP
63
I-7
WATERSHED OVERLAY DISTRICT MAP AND
64
ORDINANCE
2
It
SECTION A
A-1 SUMMARY
In November 1987, the City of Kannapolis initiated the
annexation of six (6) separate contiguous areas around the
existing city limits. Included in these areas was an area
designated as Annexation Area "B". This area met the minimum
statutory standards for annexation by cities of 5,000 persons or
more under G. S. 160A-53-(1).
The purpose of the proposed project is to provide sewer
service to the west side of Lake Fisher in Annexation Area "B" on
the east side of the City of Kannapolis which has a potential for
development in the near future.
The proposed project area is located in Cabarrus and Rowan
Counties, North Carolina, within the City Limits of the City of
Kannapolis. More specifically, the project will consist of
sanitary sewer outfalls, pumping stations and force mains along
the west shore of Lake Fisher beginning at Centergrove Road (SR
2114) crossing Brantley Road and Lane Street to Joyce Street.
Two (2) wastewater lift station are proposed in series in order
to serve this area.
The proposed utility has the potential to provide sewer
service for both inside the Existing City Limits (Annexation Area
"B") and also possible future annexation areas northeast of
Kannapolis.
Also, in keeping with the current plan for the extension of
services inside the present city limits, and.with the Plans for
services outlined in the original Annexation Report, the City
will extend lines necessary to provide sewer service to the
Annexation Area. Services were outlined as Phase I and Phase II
Construction.
A-2 CONCLUSION AND RECOMMENDATION
It is recommended that the City proceed with the permitting
and installation of the gravity flow outfalls and pumping
stations as outlined in section D-3 of this Facilities Plan. As
shown in Alternate E-3, this is the most practical and cost
effective alternate that will provide service to the area. This
alternate will also comply with the plans for service as outlined
in the "ANNEXATION AREA SERVICES PLAN FOR AREA B, CITY OF
KANNAPOLIS, NORTH CAROLINA as presented and adopted November
1987.
Beginning at the northern end of the project, the gravity
flow outfall will begin at Joyce Street and flow in a southern
direction along the west shore of Lake Fisher to a proposed sewer
3
lift station at Brantley Road. The first lift station will pump.
sewage, via a proposed 6" force main to be installed west along
Brantley Road to a proposed manhole at the west boundary of the
existing Duke Power Electrical Sub -Station. From there, a
gravity line will continue along the west shore of Lake Fisher to
a second proposed sewer lift station on an un-named tributary
near the intersection of Mid -lake Road and Centergrove. This
lift station will also provide gravity sewer service to the Lake
Fisher Road area south of Lake Fisher. This lift station will
pump sewage, via a proposed 8" force main to be installed south
to a proposed manhole near the intersection of Lake Fisher Road
and Centergrove. From there, the proposed system will flow east
to the sewer system under construction on Cold Water Creek.
0
SECTION B
CURRENT SITUATION
B-1 COLLECTION SYSTEM AND WWTP DESCRIPTION
B-1.1 CURRENT LEVEL OF SERVICES IN THE CITY OF KANNAPOLIS
The City of Kannapolis provides sewer service as one of the
municipal services to existing areas of the City. In keeping
with that policy, the City adopted a plan for services for the
extension of sewer lines to serve residents in the annexation
area. The City owns and maintains its sewer collection system.
Wastewater treatment is provided at the Rocky River Regional
Wastewater Treatment Plant operated and maintained by the Water
and Sewer Authority of Cabarrus County. The City of Kannapolis
is a member of that Authority. A 201 Facilities Plan for the
Rocky River Regional Wastewater Treatment Plant (RRRWTP) was
prepared by Peirson and Whitman, Inc. in 1974 in conjunction with
the development of the RRRWTP.
Attached and made a part of this Facility Plan are Exhibits
11I-110, "I-2", and "I-3" which are copies of the Certification Of
Incorporation Of Water And Sewer Authority Of Cabarrus County,
Interim Operation Agreement of the Rocky River Regional
Wastewater Treatment Plant and Additional Facilities and
Infrastructure, and Agreement To Designate The Water and Sewer
Authority Of Cabarrus County As The Management Planning Agency,
respectfully.
Also, sense this project will connect and flow through lines
being operated and maintained by the Water and Sewer Authority of
Cabarrus County, Exhibit "I-4" is a letter from the Water and
Sewer Authority -stating they will transport, accept and treat the
future projected flows from this project. This letter also
addresses the long range plan for funding and construction of all
major interceptors by the Authority.
B-1.2 CURRENT LEVEL OF SERVICES IN THE ANNEXATION AREA
Residents and commercial establishments in Annexation Area
"B" are presently utilizing septic tanks and nitrification fields
for their sanitary sewer disposal needs. These systems drain
toward Lake Fisher which is classified as a Public Water Supply
Watershed, WS IV.
5
B-2 POPULATION; DEMOGRAPHICS
As of the date of annexation report, November 1987,
annexation area "B" had the following general statistics:
Area to
be. annexed:
1382
Acres
Estimated Population
888
Persons
Approx.
number of Dwellings
330
Units
Approx.
number of other establishments
11
Units
Approx.
number of Street Miles
11.78
Miles
The total Area "B" annexation area to be served by Contracts
XVII and XVIII is 528 acres. The City of Concord owns and
maintains approximately 100 acres as buffer to Lake Fisher.
Annexation Area "B" encompasses 1382 Acres or 11.4% of the
total Cold Water Creek Drainage Basin north of Centergrove Road.
Centergrove Road is the southern boundary of the Annexation Area.
See Map labeled as Exhibit 11I-5" for the overall boudary. The
drainage basin includes areas located within the following Towns,
with each town responsible for their own water and sewer needs:
City of Kannapolis
Town of China Grove
Town of Landis
As stated in the original 201 Facilities Plan for the Rocky
River Regional Wastewater Treatment Plant, the Town of China
Grove's and the Town of Landis's sewer will be treated by the
City of Salisbury. To what extent the Cold Water Creek Drainage
Basin will be developed by the various City's is up the
Individual City's Councils.
B-3 INFILTRATION/INFLOW
The proposed gravity sewer, lift stations, and force main
installation would meet the State's regulations for infiltration
/exfiltration. All gravity sewer extensions will be meet the
State's requirements for a maximum_ infiltration rate of 100 gals
per day per inch diameter per mile of pipe. In order to verify
this limit, all extensions will be low pressure air tested for
leaks in accordance with ASTM C-828. All manhole to pipe .
connections will be made using a rubber boot. All manholes,
including the boot connections will be vacuum tested at 10" of
mercury. The manhole frame and covers will be installed a
minimum of 1 foot above the 100-year flood elevation to prevent
inflow.
N.
0
e
B4 BREAKDOWN OF CURRENT FLOWS
B4.1 RESIDENTIAL - All existing flow is treated by septic
tanks and nitrification fields.
B4.2 COMMERCIAL - All existing flow is domestic and is
treated by septic tanks and nitrification fields.
B4.3 INDUSTRIAL - There is no industry in the annexation
area.
B4.4 III ANALYSIS - Not Applicable - no existing sewer
system.
7
SECTION C
FUTURE SITUATION
C-1 POPULATIONS PROJECTIONS
Reviews of the census records, feasibility studies for water
and sewer facilities within the area, and the Kan -la -con
Thoroughfare Study, all indicate that the population of the City
of Kannapolis should continue to expand. The City is located
adjacent to Interstate I-85 and within commuting distance to the
City of Charlotte and Mecklenburg County. As the City of
Charlotte and Mecklenburg County have expanded, the nearby
communities have also experienced a large amount of growth.
In order to project the future population of the City of
Kannapolis, it is assumed that the growth rate will be 1-1/2
percent per year, which is similar to other cities and
communities that surround the Charlotte -Mecklenburg area. Area
"B" is expected to have a higher growth rate than the area within
the current City due to the proximity to Interstate I- 85. Due to
the recent construction of water lines within the area, the
proposed construction of the sewer facilities in Contracts XVII
and XVIII, and the land available for development, this area has
features attractive to developers. Over the past 100 years, the
majority of the area near the center of Kannapolis has been
developed to support Fieldcrest Cannon and the local businesses.
This forces the future developments to migrate to Annexation
Areas where large land tracts with lower land costs offer the
ability to develop upscale residential communities with
amenities. Annexation Area "B" is highly suited for residential
development due to sparse existing commercial and industrial
development. The area also has a large number of existing City
maintained roads that provide access to the neighboring cities
and towns.
This area should have -very little commercial and industrial
development due to a Class IV Watershed Classification and its
proximity to Lake Fisher. Additional requirements for discharges
and limits to the developable area within a site will force
industries that would consider locating within the area to look
at other sites with lower development and operational costs.
The 1990 Census list the population of Kannapolis as 29696.
By using a growth rate of 1-1/2 percent, the City's population
should be 42450 in the year 2014. It is reasonable to assume
that the increase in population will create additional
residential development within the Annexation Areas. This
creates a higher growth rate than the average for the City of
Kannapolis over the next 20 years.
N.
The Annexation Report indicated that Annexation Area "B" had
a population of 888 in 1987. Using the same growth rate of 1-1/2
percent, the population would be 1327 in the year 2014. However,
it should be noted that the population of this area has been
restricted in the past by the lack of public water and sewer
facilities. This area is beginning to see residential
development. Several developers have constructed subdivisions
in this area by extending the existing sewer and water facilities
to their projects. One developer constructed a pump station to
pump the sewage to an existing sewer line in a different drainage
basin. By utilizing the pump station and extending the water and
sewer lines, approximately 150 lots have been developed along
Midlake Road since the Annexation Report was prepared. As houses
are built upon these lots, a population density of 2.4
individuals per unit will add an additional 360 individuals to
the Annexation Area. This trend is expected to continue as the
sewer lines_are constructed and -placed in service within this
area.
C-2 FLOW PROTECTIONS
The total annexation area to be served by Contracts XVII and
XVIII is 528 acres. The City of Concord owns and maintains
approximately 100 acres as buffer to Lake Fisher. It is my
professional opinion that the property owned by the City of
Concord will never be developed and therefore should be
eliminated from any design calculations for the area. The net
serviceable area is therefor 428 acres. The flow projections for
this area is based on the maximum lot density allowed under the
current Zoning and the Watershed Protection Ordinance which is
1/2 acre lots in the Critical Area. Based on this, the average
daily flow is calculated as follows:
Qa(flow in gpd)=2(Lots/acre)X360(Gals/lot)x 428Acres
Therefore, Qa=308,160gpd average daily flow which equals 214
gal/min.
Peak,Flow Qp(flow in gpd)= 2.5 x Qa
= 2.5 x 308,160 = 770,400gpd or 535 gpm
Based on 535 gpm peak flow for the Annexation Area being served
by the 16" sewer lines in this project, the flowing design
criteria is provided.
16" DIP Sewer Pipe @ 0.18% Grade
Qfull = 2.lmgd = 3.25 cfs
Vel @ Qfull = 2.33'ft/sec.
Based on 535gpm = 1.19 cfs or 56.67% of the Hydraulic Capacity.
Normal Depth of Flow = 0.56, = 6.72" or 42% of the depth.
Vel @ Normal Depth of Flow = 2.15 ft/sec.
E
WATERSHED PROTECTION
In order to protect the Lake Fisher Watershed, the City of
Kannapolis has amended the Code of Ordinances of the City of
Kannapolis with respect to zoning to include Watershed Overlay
Districts. Attached and made a part of this report is Exhibit
"I-7" which is a copy of the Lake Fisher Overlay District for
both the Critical Area and the balance of the watershed.
C-3 SPECULATIVEIACTUAL EFFLUENT LINUTATIONS
Not applicable.
10
SECTION D
ALTERNATIVES
D-1 NO AMON
Currently, there is no sewer service to the subject area.
Therefore, the area is not as accommodating to future development
due to the environmental concerns limitations, restrictions, and
development costs associated with areas not having public sewer.
A no action alternative would mean construction and maintenance
of individual septic tanks with nitrification fields, or numerous
sewer systems with pumping stations which have a greater
potential for adverse impacts on the environment.
In a no action alternative, some areas may be determined as
to costly to develop or not developable due to groundwater and
soil conditions.
A NO ACTION ALTERNATIVE will violate the General Statutes
concerning the Annexation of Area "B". Initial Phase I plans
called for the installation of the major sewer outfalls for the
expansion of service lines as funds become available. Contracts
XVII and XVIII were part of the Phase I installations.
Preliminary sewer line locations required to complete the
initial plans (Phase I) were shown on plans prepared by Alley,
Williams, Carmen & King, Inc. which were included in the
Annexation Report. In accordance with the General Statutes
concerning Annexation, detailed engineering plans for Phase I
shall be completed and contracts for construction awarded no
later than one year from the effective date of annexation.and
construction will be completed within two years after the date of
annexation. For Annexation Area "B", the effective date of
annexation was July 1, 1993. Therefore, the project must by
under contract prior to July 1, 1994 and construction must be
completed prior to July 1, 1995. Phase II Services are to be
installed as funds become available for construction.
D-2 GRAVITY FLOW ALTERNATIVE
This alternative would require the installation of
approximately 13,540 if of 16" gravity sewer main from Joyce
Street south along the west shore of Lake Fisher to the existing
sewer system at the base of the Lake Fisher Dam. This alternate
is not feasible due to the fact that if the line is at minimum
depth at Joyce Street, and run at minimum grade, the invert
elevation of the sewer outfall at the dam would be at elevation
610 feet, plus or minus, with a ground elevation of 660 feet,
plus or minus. The last 40001, plus or minus, of this line would
11
average 40 feet to 50 feet in depth. The operation and
maintenance of a line at this depth and length is not practical
or feasible. Manholes and lines at this depth also require
additional safety precautions to comply with OSHA regulations
dealing with confined spaces. There are also several
obstructions to construction with this alternate. They are the
location of the existing Duke Power Electrical Substation on the
south side of Brantley Road and the Lake Fisher Raw Water
Pumping Station located at the Lake Fisher Dam.
PRIMARY DESIGN CRITERIA
This sewer extension would be designed in accordance with
the North Carolina Administrative Code Section 15 NCAC 2H.0219
Waste Not Discharged to Surface Waters Amended February 1, 1993.
With Lake Fisher being a WS IV Watershed, certain
minimum separations are required. Waters classified as
a Class IV Watershed shall have a minimum of 100 foot
separation between the sanitary sewer and normal high
water (normal pool). Where'the minimum separation
cannot be maintained, ferris metal pipe with water main
joint standards shall be used, provided that at no
place shall the separation be less than 50 feet.
D-3 GRAVITY FLOW WITH PUMP STATIONS ALTERNATIVE
Contracts XVII and Contract XVIII, as proposed, will provide
sewer service for the west side of Lake Fisher. Attached and
made a part of this Report is Exhibit "B" which is a map showing
the location of the proposed sewer lines.
The sewer system is approximately 5968 linear feet of 16"
ductile iron gravity flow line along the west shore of Lake
Fisher from Joyce Street to a proposed 430 gallons per minute
(gpm) duplex submersible lift station located on the north side
of Brantley Road. This station will discharge, via approximately
430 linear feet of 6" ductile iron force main west along Brantley
Road to a proposed manhole. From that point, the wastewater will
flow again by gravity thru approximately 4900 linear feet of 16"
ductile iron gravity flow line to a proposed 560 gallon per
minute (gpm) duplex submersible sewer lift station to be located
near the intersection of Centergrove Road and Mid -Lake Road.
This station will discharge, via 1485 linear feet of 8" ductile
iron force main cross country and along Lake Fisher Road to a
proposed manhole. From that point, the wastewater will flow
again by gravity thru approximately 1287 linear feet of 15" PVC
sewer pipe along Lake Fisher Road and Centergrove Road to the
City of Kannapolis's existing sewer system on Cold Water Creek.
12
Approximately 1182 linear feet of 8" pvc and ductile iron
gravity flow sanitary sewer outfall will also connect to the
proposed lift station at Mid -Lake and Centergrove Road. This
line will provide sewer service to the Lake Fisher Road area.
Also included in this project is approximately 190 linear
feet of 8" sanitary sewer along a un-named tributary to Lake
Fisher from the 16" gravity flow line to existing Beaver Pond
Subdivision sewer lift station. This line will eliminate the
Beaver Pond sewer lift station and provide a gravity system for
that subdivision. (See Exhibit "I-6")
Projected Wastewater flows:
The design flows will be accumulative as lines are extended
in the service area over the next five to ten years.
A. Brantley Road Sewer Lift Station
The design flow is based on the annexation drainage area
located above the proposed lift station site. This area totals
270 acres. The estimated design flow is 270 acres x 2.0 housing
units per acre at 360 gals/unit which equals 194,400 gpd or 135
gpm average daily flow. The peak flow equals 337.5 gpm.
B. Mid -Lake Sewer Lift Station
The design flow is based on the annexation drainage area
located above the proposed lift station site. This area totals
428 acres. The estimated design flow is based on 428 acres x 2.0
housing units per acre at 360 gals/unit which equals 308,160 gpd
or 214 gpm average daily flow. The peak flow equals 535 gpm.
Both stations will be designed with additional storage and
the capability of changing impellers as the future flow
increases. Both stations will be equipped.with automatic
transfer switches and emergency generators. The emergency
generators will be fueled by liquid petroleum or natural gas.
Diesel fuel will not be considered since the lift stations are
adjacent to a public water supply.
Both lift stations are designed for a average daily flow
rate less, the 1,000,000.00 gals/day.
This system will permit the property in the Cold Water Creek
(Lake Fisher) drainage basin to develop in an orderly fashion
without the nuisance of individual septic tanks or individual
subdivision Pump Stations.
13
PRIMARY DESIGN CRITERIA
This sewer extension will be designed in accordance with
North Carolina Administrative Code Section 15 NCAC 2H.0219 Waste
Not Discharged to Surface Waters Amended February 1, 1993.
With Lake Fisher being a WS IV Watershed, certain
minimum separations are required. Waters classified as
a Class IV Watershed shall have a minimum of 100 foot
separation between the sanitary sewer and normal high water
(normal pool). Where the minimum separation cannot be
maintained, ferris metal pipe with water main joint
standards shall be used, provided that at no place shall the
separation be less than 50 feet.
For pumping stations, no by-pass or overflow lines,
multiple pumps shall be provided capable of pumping at
a rete of 2.5 times the average daily flow rate with
with any one pump out of service. Pump-on/pump-off
elevations shall be set such that 2-8 cycles per hour
may be achieved in the pump station at average flow.
At least one of the following shall be required: (a)
dual source or standby power supply on site, or: (b)
telemetry systems with sufficient numbers of standby
generators and personnel for distribution.
14
SECTION E
PRESENT WORTH ANALYSIS
E-1 NO ACTION
If the facility is not constructed, the City of Kannapolis
will not incur any direct cost with this option except for the
maintenance of existing public facilities and or the maintenance
of Facilities installed by developers. However, a NO ACTION
ALTERNATIVE will violate the General Statutes concerning the
extension of City sewer services to this Annexation Area. This
could expose the City to possible litigation.
E-2 GRAVITY FLOW ANALYSIS
This Alternative requires the installation of approximately
13,540 if of 16" ductile iron gravity flow sewer.
Capital Cost: 13,540 if of 16" dip $190.00/lf $2,574,600.'00
Engineering, Start up services: $258,500.00
Land and Easements: 58,000.00
Operation and Maintenance (per year): 3,000.00
SUB -TOTAL $2,894,100.00
Less Salvage Value:-276,187.91
PRESENT WORTH $2,617,912.09
Salvage Value is based on 40 years of service at 8% interest. The
20th year Salvage Value is $1,287,300.00. Therefore, the Present
Worth Salvage Value is $276,187.91
E-3 GRAVITY FLOW WITH PUMP STATIONS ANALYSIS
Capital Cost: 12125 if of 16" dip $107.00/lf
1185 if of 8" pipe $ 40.00/lf
430 if of 6" force main $ 10.00/lf
14901f of 8" force main $ 14.00/lf
2 submersible lift stat.$200,000.00
SUB -TOTAL
Engineering, Start up services:
Land and Easements:
Operation and Maintenance (per year):
SUB -TOTAL
Less Salvage Value:
PRESENT WORTH
$1,297,375.00
47,400.00
4,300.00
20f925.00
S 400.000.00
$1,770,000.00
$180,500.00
52,000.00
15,000.00
$2,017,500.00
-189.875.16
$1,827,624.84
Salvage Value is based on 40 years of service at 8% interest. The
20th year Salvage Value is $885,000.00. Therefore, the Present
Worth Salvage Value is $189,875.16.
15
According to the Present Worth Analysis, the selected
Alternate (Gravity Flow with Pump Stations) is the most cost
effective method of providing public sewer service to the area.
16
SECTION F
USER CHARGES AND FINANCIAL CAPABILITIES
See attached City of Kannapolis Projection of Water and
Sewer Fund Net Revenues and payment schedule. of a loan through
the State Bond Program.
Based on a simple interest loan with a declining payment and a
principal amount of 1,736,000.00 @ 5.00% Interest, the first year
payment is $173,600.00.
Therefore: Debt Service $173,600.00/year
Power Consumption $ 12,000.00/year
Operation/Maintenance $ 3,000.00/Year
Total Cost $187,950.00/year
Total Yearly Projected Flow (City Wide): 850,000,000 gals
$187,950.00/850,000 = $.221 increase per 1000 gals.
The impact on the sewer user fees for the average customer with
5000 gals/month = 5 x $.221 = $1.11/month.
However, the City Manager has proposed in the 1994-1995 Budget,
that the sewer user fee be increased $0.19 per 1000 gallons and
the water user fees be increased $.19 per 1000 gallons.
This equates to an impact on the sewer user fee for the average
customer with 5000 gals/month of $.95. The remainder of the
revenue will be generated by the expansion of the customer base
and tap fees.
17
SCHEDULE A
CITY OF KANNAPOLIS
PRINCIPAL $1,736,000.00
INTEREST 5.00%
EQUAL PRIN. $86,800.00 TOTAL INTEREST $911,400.00
YEARS 15 OR 20 20.00 TOTAL PAYMENTS $2,647,400.00
YEAR
BEGINNING BAL.
PRINCIPAL PAY.
INTEREST PAY.
ENDING BAL.
PAYMENT
1994
$1, 736, 000.00
$86,800.00
$86,800.00
$1, 649, 200.00
$173, 600.00
1995
$1,649,200.00
$86,800.00
$82,460.00
$1,562,400.00
$169,260.00
1996
$1,562,400.00
$86,800.00
$78,120.00
$1,475,600.00
$1641920.00
1997
$1,475,600.00
$86,800.00
$73,780.00
$1,388,800.00
$160,580.00
1998
$1,388,800.00
$86,800.00
$69,440.00
$1,302,000.00
$156,240.00
1999
$1,302,000.00
$86,800.00
$65,100.00
$1,215,200.00
$151,900.00
2000
$1,215,200.00
$86,800.00
$60,760.00
$1,128,400.00
$147,560.00
2001
$1,128,400.00
$86,800.00
$56,420.00
$1,041,600.00
$143,220.00
2002
$1,041,600.00
$86,800.00
$52,080.00
$954,800.00
$138,880.00
2003
$954,800.00
$86,800.00
$47,740.00
$868,000.00
$134,540.00
2004
868,000.00
$86,800.00
$43,400.00
$781,200.00
$130,200.00
2005
781,200.00
$86,800.00
$39,060.00
$694,400.00
$125,860.00
2006
694,400.00
$861800.00
$34,720.00
$607,600.00
$121,520.00
2007
607,600.00
$86,800.00
$30,380.00
$520,800.00
$117,180.00
2008
520,800.00
$86,800.00
$26,040.00
$434,000.00
$112,840.00
2009
434, 000.00
$86,800.00,
$21, 700.00
$347, 200.00
$108, 500.00
2010
347,200.00
$86,800.00
$17,360.00
$260,400.00
$104,160.00
2011
260, 400.00
$86,800.00
$13, 020.00
$173, 600.00
$99, 820.00
2012
173,600.00
$86,800.00
$8,680.00
$86,800.00
$95,480.00
2013
86, 800.00
$86,800.00
$4, 340.00
$0.00
$91,140.00
9
REVENUE
Operating Revenues:
- Customer charges
- Connections
- Assessments
- Other revenue .
Total
Non -operating Revenues:
• Interest
- Restricted sales tax
- Other
Total
Total revenues
EXPENDITURES
Operating Expenditures:
Administration - Salaries
- other
Operations - Salaries
- Mat. and supplies
- Maintenance
- Treatment
- water purchases
- Power
- Other
Total
Excess Revenues over Expenditures
CITY OF KANNAPOLIS
PRWECTION OF WATER AND SEWER
FUND NET REVENUES
v. , 92-93
Fecal Year 94-95
.y
Actual Revenue
for Let Complete
Fiscal Year
Estimated Inaease or (Decrease)
1 . i ♦ s
Estimated Revenue for
Firrt Fixal Year After
Completion of Proect
-s-
Due to Normal Growth
and Rate Chanores
s-
Due to
KRanded System
3,652 424
839,576•
80,000
4,572,000
87,650
13,000
100,650
923241
5 000
.97 241
32832.315
844 576-
93,000
4,7690891
39,229
1 000
15 000
55 229
39,229
1,000
15
39871,544
8459576
.108 000
4'825 120
1.
for L�p
st Complete
Fixes! Year
Estimated Ina ease or )
1 a f • s
Estimated md[turer
Firs F19W Year After
Completion of Pmiect
Due to Normal
Crowth and Inflations
Due to
Fzpanded System
191,662
(4,458)
187.204
155,824
35,566
191,390
394.619
27,231
421 850'
95,036
42,764
500
140,300
326,679
78.921
405 6
1 489 520
1,460,0
2,653,340
150,504
2 500
2,806,344
13218,204
695 072
105 500
2
S
proiection of water and sewer net revenues (continued)
Other:
- Debt principal
- Interest
- Capital outlay
- Capital reserve
. Transfer to (from) other funds
- Other
Net Income (Lass)
Actual Fspmditu ra
fir Iist Compkte
Fiscal Year
798,792
1,251,430
72,443
(8363880)
;(67 581)
Rate Structure
Indicate monthly cost for a residential customer
using 5000 gallons..
WATER
Within city limits
Outside city limits
SEWER
Within city limits
Outside city limits
M
Af er Completion
of project
0
Fsdroated Fspeaditu res
Fir3t Fiscal Year After
Completion of Project
942.700
percentage of
Change
1245
13. ys
6.327.
25.30
6.327.
6.3270
25.30
2 q0
6.3Z/.
NOTE: Debt service included for this Project in the amount of $219,350.
Reduction in debt service is due to land held by Water and Sewer Fund
being transferred to General Fund along with debt service on the land.
20
SECTION G
PUBLIC PARTICIPATION
A public hearing was duly advertised and held at the regular
monthly meeting of the City Council of the City of Kannapolis on
April 25, 1994, for the purpose to hear the intent to apply for
bond fundina for this Droiect.
A second public hearing was duly advertised on May
and will be held at the regular monthly meeting of the
Council of the City of Kannapolis to be held on May 23,
The purpose of this meeting is to address the selected
and the effect on the user rates.
21
y 5, 1994,
City
1994.
alternate
NOTICE OF
CH
TM Cay CoundI of the"p of
pMp op>nmhq tthe t�nugtof
applloatlan for State can
ugd0S; Edecattort Clean
Walar ek i Bond Act of
t. m be used to .
a waslawater collection
' qam In the Area 'B' amexa'
on area_ The amount of the
Loan WUL bi approximately
r• y ,
Kam�g pow 0r 01'a»
apoas wm not be pledged .
direcoy or IndinxW,to seWre,
Ny moneys dw to 0�»e Stab -be.
aloin.
t M inbnstod pe�Bo re Ir t-
ed to attend the pub
and prey!;- the& WraW .
c-:X.. - a
�ya,tnp vA be. had
l : jin Nanh 2s, 11iG{ at
7�0 PILL. fM
bar loeatad at•31 .
ouuDJ�eef�r a! p/ uaiptehd'' .
• : .. peat, (ta00_•]'3�!-r ,
.. tea
The ice'
eD�ei�or _ +ir{N slbll�ties. 1h!'
requ�3laadv au
.you:
bonpet ijj
Al: 3oa4
NORTH CAROLINA
CABARRUS COUNTY.
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said
County and State, duly commissioned, qualified, and
authorized law to administer oaths, personally ap-
peared
i
who being
first duly sworn deposes and says: that be (she) Is
tOwner, partner. publisher, or other officer or employee
authorized to make this affidavit)
of Kannapolis Publishing Company, engaged in the pub-
lication of a newspaper known as The Daily Indepen-
dent, published, issued, and entered as second class
mail in the City of Kannapolis, N. C., in said County
and State; that he (she) is authorized to make this
affidavit and sworn statement; that the notice or other
legal advertisement, a true copy of which is attached
hereto, was published in The Daily Independent on the
following dates:
lam./
and that the said newspaper in which such notice,
paper, document, or legal advertisement was published
was at the time of each and every publication, a
newspaper meeting all of the requirements and qualifl-
cations of Section 1-597 of the General Statutes of
North Care%na and was a qualified newspaper within
the meaning of Section I-597 of the General Statutes
of North Carolina.
This day of Aal&ZA19_
(Signature of person making affidavit)
Sworn to and subscribed before me. this c P- l s
day of , ll
tl Notary Public
My Commission expires: /) �V .
22
I, Bridgette Laws, City Clerk of Kannapolis, North Carolina, DO HEREBY
CERTIFY that the attached is an accurate copy of so much of the recorded proceedings
of the City Council and the Mayor of said City at a regular meeting held on March 28,
1994, said proceedings having been recorded in Minute Book 28, Volume XXVHI.
1994.
WITNESS my hand and the official seal of said City, this 30th day of March,
(SEAL)
23
EXCERPTS FROM COU1•iCII. MEETDiG
MARCH 28, 1994
PUBLIC HEARING CONCERNING FINANCING OF SEWER EMPROVEMENTS
THROUGH THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
Mayor Anderson referred to the City Manager's memorandum dated March 21, 1994 and
stated that under the Education, Clean Water and Parks Act of 1993 (ACT) municipalities may
make application for loans and grants to aid eligible units of government the cost of construction
of wastewater treatment works, wastewater collection systems and water supply systems and
water conservation projects. (Copy of memorandum included in official minutes as Exhibit F)
Mayor Anderson then deferred to the City Manager for finther comment.
City Manager McCombs explained that the City has no assurance that the loan will be
approved as the City will be in competition with other municipalities for the money that is
available. Staff feels a more favorable rate can be obtained, if approved, rather than using other
means of financing. The City would finance $1,736,000 for a twenty (20) year period with the
first payment due in 1995 in the amount of $128,000. This payment approximates 1.4 cents on
the tax rate.
The City intends to construct a wastewaster collection system project described as Sewer
I West and Sewer II West in the Area "B" annexation area on the west side of Fisher Lake.
City Manager McCombs stated that City Council may consider several possible methods
of repaying the debt service that include on increase in water and sewer user fees or reduce the
amount of money put aside in the Capital Improvement Program each year and use toward the
debt service or the possibility of increasing taxes.
In order for the City to proceed with the application, City Council must conduct a public
hearing.
Mayor Anderson then opened the public hearing and gave those in attendance an
opportunity to speak.
Guy Maher of 1700 Azalea Street wanted to make sure he understood that in order to
finance the water and sewer project there could be a tax increase or as another avenue of funding
to raise water and sewer rates and asked if it would be city wide.
City Manager McCombs reiterated the options Council may consider in the repayment of
the loan.
Mr. Maher asked if this was something that was considered before annexation occurred
or is there any way it can be financed through possible construction in the area in order to relieve
the tax burden of other tax payers in the City that do not have any specific interests in the area.
Mr. Maher stated that he understands as a City, all benefit from what comes into the City, but
is concerned that when decisions are made, all citizens are effected and have no recourse other
than to pay the bill.
There being no further speakers from the floor, Mayor Anderson closed the public
hearing.
24
1
1 IBI'+.
I, Bri dgette Laws acting on behalf of the City of Kannapol is
(name of clerk) (unit of government)
certify that in accordance with the legislation governing the funding of the
Annecatin, area "B" s&w immre mu west side have not received a "petition for vote"
(project title) of Lake Fisher
from any qualified voter of the City of Kannapol is for a period of 15
(unit of government)
days following the public hearing held on March 28, 1994
(date)
(SEAL) Bri duetaws
-(
A" �O
Q
April 15, 1994
�)
Please attach summary of comments received at the public hearing.
25
I, Bridgette Laws, City Clerk of the City of Kannapolis,
North Carolina, DO HEREBY CERTIFY that the attached is an accurate
copy of a Resolution as adopted by the City Council and the Mayor
of said City at a regular meeting held on March 28, 1994, said
Resolution and proceedings having been recorded in Minute Book 28,
Volume XXVIII.
WITNESS my hand and the official seal of said City, this
29th day of March, 1994.
( SEAL)
RESOLUTION BY GOVERNING BODY OF APPLICANT
. WHEREAS, The North Carolina Clean Water Revolving Loan and Grant Act of
1987 and the Education, Clean Water, and Parks Bond of 1993 has authorized the making
of loans and grants to aid eligible units of government in financing the cost of
construction of wastewater treatment works, wastewater collection systems, and water
supply systems, water conservation projects; and
WHEREAS, The City of Kannapolis has need for and intends to construct a
wastewater collection system project described as Sewer I West and Sewer H West in the
Area "B" annexation area on the west side of Fisher Lake; and
WHEREAS, The City of Kannapolis intends to request state loan assistance for
the project.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Kannapolis, North Carolina:
That the City of Kannapolis will arrange financing for all remaining costs of the
project, if approved for a State loan award.
_ That the City of Kannapolis will adopt and place into effect on or before
completion of a project a schedule of fees and charges which will provide adequate funds
for proper operation, maintenance, and administration of the system.
That the governing body of the City of Kannapolis agrees to include in the loan
agreement a provision authorizing the State Treasurer, upon failure of the City to make
scheduled repayment of the loan, to withhold from the City any State funds that would
otherwise be distributed to the local government unit in an amount sufficient to pay all
sums then due and payable to the State as a repayment of the loan.
That the City of Kannapolis will provide for efficient operation and maintenance
of the project on completion of construction thereof.
That R. Gene McCombs, City Manager and successors so titled, is hereby
authorized to execute and file an application on behalf of the City of Kannapolis with the
State of North Carolina for a loan to aid in the construction of the project described
above.
That R. Gene McCombs, City Manager and successors so titled, is hereby
authorized and directed to furnish such information as the appropriate State agency may
request in connection with such application or the project: to make the assurances as
contained above and to execute such other documents as may be required in connection
with the application.
That the City of Kannapolis has substantially complied or will substantially comply
with all Federal, State and local laws, rules, regulations, and ordinances applicable to the
project and to the Federal and State grants and loans pertaining hereto.
Adopted this the 28th day of March, 1994 at the Council Chamber located at the
City of Kannapolis, North Carolina.
Richard Anderson, Mayor
B 'd �Laity Clerk rm\clear►
27
"'.
:NOTICE OF PUBLIC:,HEARING
i1ji' ':'i(e+J 1k(il�t itr��) i i'
The City`Council of the City'of Kanhapolis v►ill'hotd a ";
Public Hearing concerning the 201 Facilities' Plan forCoritract:.
XVII. and Contract•XVIII:forArea °B",Annexation'Area'on
Monday, May'23,.1994�at.7:30 P.M. in the`Couricil Chambers :'
located at 314.South Main Street, Kannapolis .North:
Carolina. a+tt.��tlt:r)1cl
It is anticipated that a loan through the State Loan (;-t y
'Revolving Fund or the Education Clean Wat413ond.Ad'(will',:,;;
be used for the construction of this project.7he proposed r,
project and, estimate of, cost will be' presented, at this`,meeting: j
All interested persons are invited to'Attei d the `public.. "6.•'L
hearing and. present. their comments. };1:;,; i'��,.', �.�,:... '.t � :F....� ; �;y.
Hearing• impaired; persons. desiring additional information:
or having questions regarding this subject,pfiould call�the,,;(.,
North Carolina Relay Number for the Deaf�(1-800-735-8262)lf,
The meeting facilities of the City. of• Kannapolis,are:acces=
sible to people with disabilities. The'City;pro'vides the''oppor=:f'
tunity to request in advance auxiliary. aids`and servlces.'IF;
you need special accommodation, please: contact•Lynn;:;; ,;,, ,
Honeycutt, ADA Coordinator at 704-938=5136.
NORTH CAROLINA
CABARRUS COUNTY.
AFFMAVIT OF P113LICATION
Before the undersigned, a Notary Public of said
County sad St , duly commission qualified, and
authorized by a to administer oat spelrsonallyy -ap- /
peared
who being
first duly swN�c
ys: that he (she) Is
(owner, partner, publisher, or other officer or employee
authorized to make this affidavit)
of Kannapolis Publishing Company, engaged in the pub-
lication of a newspaper known as The Daily Indepen-
dent, published, issued, and entered as second class
mail in the City of Kannapolis, N. C., in said County
and State; that he (she) is authorized to make this
affidavit and sworn statement; that the notice or other
legal advertisement, a true copy of which Is attached
hereto, was published In The Daily Independent on the
77;L1111
ZrI
and that the said newspaper in which such notice,
paper, document, or legal advertisement was published
was at the time of each and every publication, a
newspaper meeting all of the requirements and qualifl-
cations of Section 1-597 of the General Statutes of
North Carolina and was a qualified newspaper within
the meaning of Section 1-597 of the General Statutes
of North Car na.
This. _ day of 19 /.
s
(Signature of person making affidavit)
Sworn to and s ribed before me. this _✓
day of 19
Notary Publ- ie
My Commission expires�(i
00
� N
I, Bridgette Laws, City Clerk of Kannapolis, North Carolina, DO HEREBY
CERTIFY that the attached is an accurate copy of so much of the recorded proceedings
of the City Council and the Mayor of said City at a regular meeting held on May 23,
1994, said proceedings having been recorded in Minute Book 29, Volume =X.
iPD11I
WITNESS my hand and the official seal of said City, this 24th day of May,
Q,w
B ' Laws, tity Clerk
(SEAL)
w
PUBLIC HEARING CONCERNING THE 201 FACILITIES PLAN FOR
CONTRACT XVH AND CONTRACT XVM FOR ANNEXATION AREA "B"
Mayor Anderson deferred to the City Manager for comment.
City Manager McCombs referred to the City Manager's memorandum dated
May 23, 1994 and stated that City Council has previously authorized the filing of an
application for a loan through the Education Clean Water Bond Act and one of the
requirements is to develop a 201 Facilities Plan for the project and hold a public hearing
on same. (Copy of memorandum included in official minutes as Exhibit A)
Jeff Moody, Engineer with Alley, Williams, Carman and King then proceeded to
explain in detail the contents of the 201 Facilities Plan. (Copy of facilities plan included
in minutes as Exhibit B)
Mayor Anderson then opened the public hearing and gave those in attendance an
opportunity to speak.
There being no speakers from the floor, Mayor Anderson closed the public hearing.
Upon motion by Councilman Meacham and seconded by Councilman Misenheimer,
approved the 201 Facilities Plan. The motion was approved by unanimous vote.
30
of cJ_l,anna ohs
POST OFFICE BOX 1199 a KANNAPOLIS, NORTH CAROLINA 28082 -1199
DATE: May 23, 1994
TO: Members of City Council
FROM: City Manager
SUBJECT: 201 Facilities Plan for Contract XVII and Contract XVIII
for Annexation Area "B"
BACKGROUND:
The City Council has previously authorized the filing of an application for a loan
through the State Loan Revolving Fund or the Education Clean Water Bond Act to finance
the above named projects. One of the requirements of the application is to develop a 201
Facilities Plan for the projects and submit same to the Department of Environment, Health
and Natural Resources (DEHNR).
THE PROBLEM:
It is necessary for the City Council to hold a public hearing concerning the 201
Facilities Plan for Contract XVII and Contract XVIII and provide the public an
opportunity to comment on same.
FINDINGS AND CONCLUSIONS:
It is recommended that City Council conduct a public hearing on the 201 Facilities
Plan for Contract XVII and Contact XVIII
POLICY EMPLICATIONS:
None.
31
EXHIBIT A
205 WEST AVENUE KANNAPOLIS, NORTH CAROLINA 28081
ADMINISTRATION (704) 938-5133 E3 PUBLIC WORKS (704) 938-5131 PERSONNEL (704) 938-5136
FAX (704) 938-5919
City Council
May 23, 1994
Page 2
FINANCIAL EM PACT:
None.
CHECKLIST OF WHO HAS REVIEWED RECOMMENDATIONS:
Public Works Director, Jeff Moody, City Manager
bl\cm\may2394
32
SECTION H
ENVIRONMENTAL ASSESSMENT
For sanitary sewer extensions, there are two (2) sets of criteria
that determine if an Assessment is required. They are as
follows:
1. Sewer lines greater than three miles in length
and/or having a design flow of one million
gallons per day or greater.
2. Pump Stations with a pumping capacity of one
million gallons per day or more.
The total project length is 15,248.75 if or 2.89 miles of pipe
which is less than 3.0 miles and the average daily projected
flow is equal to 308,160 gpd. The maximum peak pumping rate is
770,400.00 gallons per day.
Both Lift Stations are designed for a average daily flow rate
less the 1,000,000.00 gals/day.
It is my professional opinion that an Environmental Assessment is
not required for this project.
However, an Environmental Assessment is included in this report
to meet the criteria set forth under the State Bond program.
33
ENVIRONMENTAL ASSESSMENT
FOR THE
CITY OF KANNAPOLIS
ANNEXATION AREA " P" SEWER IMPROVEMENTS
CONTRACT XVH & CONUUCr XVM
Prepared By
Alley, Williams, Carmen & King, Inc.
P.O. Box 1248/ 207 S. Main Street
Kannapolis, North Carolina
(704) 938-1515
,YµIUlllls,�
,.�o��H•CARO,"
13311
6kI NEE�:••'p�
o''%FRY b. M�..••
5-9-94
TABLE OF CONTENTS
SECTION
PAGE
SECTION 1
- EXISTING ENVIRONMENT
EA-2
1.01 TOPOGRAPHY
EA-2
1.02 LAND USE
EA-2
1.03 SOILS
EA-3
1.04 SURFACE WATERS
EA-3
1.05 GROUND WATER
EA-3
SECTION 2
- PURPOSE
EA-4
SECTION 3
- ALTERNATIVE ANALYSIS
EA-4
3.01 NO ACTION ALTERNATIVE
EA-5
3.02 SEWER EXTENSIONS ALTERNATIVE
EA-5
3.03 SEWER EXTENSIONS ALTERNATIVE
- GRAVITY
FLOW AND FORCE MAINS
EA-5
SECTION 4 - ENVIRONMENTAL CONSEQUENCES
4.01 CHANGES IN LAND USE
4.02 WETLANDS
4.03 AGRICULTURAL LANDS
4.04 PUBLIC LANDS
4.05 SCENIC AND RECREATIONAL AREAS
4.06 ARCHEOLOGICAL OR HISTORICAL SITES
4.07 AIR QUALITY
4.08 GROUNDWATER QUALITY
4.09 NOISE LEVELS
4.10 WATER SUPPLIES
4.11 FISH AND THEIR HABITATS
4.12 WILDLIFE AND THEIR HABITATS
4.13 INTRODUCTION OF TOXIC SUBSTANCES
4.14 EUTROPHICATION OF RECEIVING WATERS
SECTION 5 - MITIGATIVE MEASURES
5.01 EROSION CONTROL
5.02 CONSTRUCTION LIMITS
5.03 NOISE LEVEL
5.04 SYSTEM FAILURE
SITE LOCATION MAP
EA-1
EA-7
EA-7
EA-7
EA-7
EA-7
EA-7
EA-8
EA-8
EA-8
EA-8
EA-8
EA-9
EA-9
EA-9
EA-9
EA-10
EA-10
EA-10
EA-10
EA-10
SECHON 1
I W4 &19 01912 III►/ 1/101001 D1►`1 d
1.01 TOPOGRAPHY
The proposed project area is located in Cabarrus and Rowan
Counties, North Carolina, within the City Limits of the City of
Kannapolis. More specifically, the project will consist of
sanitary sewer outfalls, pumping stations and force mains along
the west shore of Lake Fisher beginning at Centergrove Road (SR
2114) crossing Brantley Road and Lane Street to Joyce Street.
Two (2) wastewater lift station are proposed in series.
Beginning at the northern end of the project, the gravity flow
outfall will begin at Joyce Street and flow in a southern
direction to a proposed sewer lift station at Brantley Road. The
first lift station will pump sewage, via a proposed 6" force main
to be installed west along Brantley Road to a proposed manhole at
the west boundary of the existing Duke Power Electrical Sub -
Station. From there, a gravity line will continue along the west
shore of Lake Fisher to a second proposed sewer lift station on
an un-named tributary near the intersection of Mid -lake Road and
Centergrove. This lift station will also provide gravity sewer
service to the Lake Fisher Road area south of Lake Fisher. This
lift station will pump sewage, via a proposed 8" force main to be
installed south to a proposed manhole near the intersection of
Lake Fisher Road and Centergrove. From there, the proposed
system will flow west to the existing sewer system on Cold Water
Creek.
The proposed utility will provide sewer service for both the
Existing City Limits and also future development in the area
north of Kannapolis.
The proposed project area varies in elevations from
approximately 650 feet to 680 feet above sea level. Slopes for
the project area are generally from 2% to 12%.
1.02 LAND USE
The land use along the length of the project is undisturbed
land with some farm land. The majority of the proposed sewer
improvements will be installed within Rights -of -ways being
acquired by the City of Kannapolis. The remainder of the project
will be installed along the State's roadway rights -of -way on Lane
Street, Brantley Road, and Centergrove Road. The sites for the
proposed wastewater lift stations are undisturbed woodlands.
EA-2
1.03 SOILS
The predominate soils at the proposed site area are well
drained, with moderately to slowly permeable. These soil types
are primarily Altvista Sandy Loam, Enon Sandy Loam and Poindexter
Loam. One small section of outfall of approximately 200 feet in
length crosses a section of Chewacla Sandy Loan that is poorly
drained with moderate permeability.
1.04 SURFACE WATERS
The proposed outfall crosses two
are designated as blue lines on the 7
maps. The crossings are approximately
feet north of Brantley Road. No other
impacted by -the project.
1.05 GROUNDWATER
(2) perennial streams that
1/2 minute USGS quadrangle
1100 feet south, and 1400
existing surface waters are
No soil borings are recorded for the proposed project area.
The design and/or method of construction include ductile iron
pipe with water main standard joints. All lines will be air
tested for leaks, manholes and pump station wetwells will vacuum
tested and manhole to pipe connections will include watertight
rubber boots. These measures will be implemented to eliminate
the potential for groundwater contamination. The gravity flow
sanitary sewer system will extend service to area that have
failing septic tanks and drain fields.
EA-3
SECTION 2
PURPOSE
2.01 PURPOSE
The purpose of the proposed project is to provide sewer
service to the west side of Lake Fisher in Annexation Area "B" on
the east side of the City of Kannapolis which has a potential for
development in the near future.
would be served with sewer by extensions of the City of
Kannapolis's sewer collection system.
EA-4
SECTION 3
ALTERNATIVE ANALYSIS
3.01 NO ACTION ALTERNATIVE
Currently, there is no sewer service to the subject area.
Therefore, the area is not as accommodating to future development
due to the environmental concerns limitations, restrictions, and
development costs associated with areas not having public sewer.
A no action alternative would mean construction and maintenance
of individual sewer systems which have a greater potential for
adverse impacts on the environment.
Also, in a no action alternative, some areas may be
determined as to costly to develop or not developable due to
groundwater and soil conditions.
3.02 SEWER EXTENSION ALTERNATIVE - GRAVITY FLOW SYSTEM
Sewer System Improvements
This alternative would require the installation of
approximately 13,000 if of 16" gravity sewer main from Joyce
Street south along the west shore of Lake Fisher to the existing
sewer system at the base of the Lake Fisher Dam. This alternate
is not feasible due to the fact that the invert elevation at the
dam would be at elevation 610 feet, plus or minus, with a ground
elevation of 660 feet, plus or minus. The last 40001, plus or
minus, of this line would average 40 feet to 50 feet in depth.
Obstructions to construction of this alternate are the existing
Duke Power Electrical Substation and the Lake Fisher Raw Water
Pumping Station.
3.03 SEWER EXTENSION ALTERNATIVE - GRAVITY FLOW SYSTEMS AND
FORCE MAINS
Sewer System Improvements
The sewer system as proposed is approximately 5968 linear
feet of 16" ductile iron gravity flow line along the west shore
of Lake Fisher from Joyce Street to a proposed 430 gallons per
minute (gpm) duplex submersible lift station located on the north
side of Brantley Road. This station will discharge, via
approximately 430 linear feet of 6" ductile iron force main west
along Brantley Road to a proposed manhole. From that point, the
wastewater will flow again by gravity thru approximately 4900
EA-5
linear feet of 16" ductile iron gravity flow line to a proposed
560 gallon per flow again by gravity thru approximately 4900
linear feet of 16" ductile iron gravity flow line to a proposed
560 gallon per minute (gpm) duplex submersible sewer lift station
to be located near the intersection of Centergrove Road and Mid -
Lake Road. This station will discharge, via 1485 linear feet of
8" ductile iron force main cross country and along Lake Fisher
Road to a proposed manhole. From that point, the wastewater will
flow again by gravity thru approximately 1287 linear feet of 15"
PVC sewer pipe along Lake Fisher Road and Centergrove Road to the
City of Kannapolis's existing sewer system on Cold Water Creek.
Approximately 1182 linear feet of 8" ductile iron gravity
flow sanitary sewer outfall will also connect to the proposed
lift station at Mid -Lake and Centergrove Road. Also included in
this project is approximately 190 linear feet of 8" sanitary
sewer along a un-named tributary to Lake Fisher from the 16"
gravity flow line to existing Beaver Pond Subdivision sewer lift
station. This line will eliminate the Beaver Pond sewer lift
station and provide a gravity system for that subdivision. (See
Site Location Map)
EA-6
SECTION 4
ENVIRONMENTAL CONSEQUENCES
4.01 CHANGES INLAND USE
For the utilities being located in the rights -of -way of
existing roads (Centergrove Road, Brantley Road and Lane
Street), there is no change in land use imposed by the project
construction.
The proposed sewer outfall is primarily proposed to be
constructed in the rights -of -way purchased by the City of
Kannapolis. These Rights -of -way widths are dictated by the OSHA
requirements for 1:1 theoretical side slopes for depth of cover
for construction and maintenance. The portion of the project
impacted by the cross country sewer outfalls and lift stations is
currently farmland/woodland. The areas around these proposed
facilities can continue to be farmed upon construction
completion. Therefore, the only change in land use, as a result
of constructing this project, is the site for the wastewater lift
stations. (See Site Location Map)
4.02 WETLANDS
The proposed project should have no adverse effects on
wetlands since the proposed utility is to be constructed within
existing roadway rights -of -way and the cross country sewer
outfall and wastewater lift stations are proposed in areas
currently serving as farmland/woodland. The only known wetlands
are stream two (2) stream crossings.
4.03 AGRICULTURAL LANDS
The proposed project will have minimal impact on
agricultural lands. The only impact will be the sites for the
wastewater lift stations which will no longer be woodlands.
4.04 PUBLIC LANDS
The proposed sewer extension would have no significant
impact on public lands in the area. The property owned by the
City of Concord was purchased at the time of construction of Lake
Fisher and is provided for undeveloped buffer around the lake.
4.05 SCENIC AND RECREATIONAL AREAS
There are no scenic or recreational areas that will be
affected by the proposed project.
EA-7
4.06 ARCHAEOLOGICAL OR HISTORICAL SITES
To the best of our knowledge, there are no archeological or
historical sites in the area that will be affected by the
proposed sewer utility extension. Should it be determined at a
later date, that archaeological resources exist in the project
area, adjustments will be made to preserve on record anything of
archaeological value.
4.07 AIR QUALITY
The overall effect of air quality in the area will be
negligible. Some short term effects caused by wind blown dust
and engine exhaust during construction may occur. Through notes
on the Construction Plans and in the Technical Specifications
the contractor will be encouraged to merchandise fully stocked
stands of timber, collected during the minimum clearing required,
to minimize burning of debris during construction.
4.08 GROUNDWATER QUALITY
The proposed gravity sewer, lift stations, and force main
installation would meet the State's regulations for
infiltration/exfiltration. Therefore, there is no expected
impact on the groundwater quality.
4.09 NOISE LEVELS
Noise during construction will not be a problem to
residences that might be within listening range since
construction work will be done during the daylight. Once the
proposed extension is operational, there will be no noise
associated with the underground utilities and little noise
associated with the operation of the pump stations. However, the
noise of the lift stations would be intermittent and the stations
designs will mitigate its effects.
4.10 WATER SUPPLIES
Lake Fisher is classified as a WS IV Public Water Supply
Watershed.. The proposed gravity sewer, lift stations, and force
main installation will meet the State's regulations for
installation of sanitary sewers adjacent to public water
supplies as set out in North Carolina Administrative Code Section
15 NCAC 2H.0219. Therefore, there is no expected impact on the
public water supply.
4.11 FISH AND THEIR HABITATS
No fish and their habitats will be impacted by the proposed
project.
4.12 WILDLIFE AND THEIR HABITATS
There will be no impact on wildlife as a result of the
construction and operation of this project. The wildlife
existing in the project area is small game such as rabbits and
birds.
4.13 INTRODUCTION OF TOXIC SUBSTANCES
There will be no introduction of toxic substances to the
environment -as a result of this project.
4.14 EUTROPHICATION OF RECEIVING WATERS
There are no receiving waters, the proposed lift stations
will pump wastewater to the City of Kannapolis's existing sewer
collection system.
EA-9
SECTION 5
MITIGATIVE MEASURES
Measures are proposed to mitigate or avoid any adverse
environmental impacts the proposed extensions might have on the
area during construction and operation. Such measures will be
implemented to control erosion, reforestation of portions of the
construction easements, construction, noise, and system failure.
5.01 EROSION CONTROL
Erosion control measures and good construction practices
will be implemented to protect the surrounding areas from
siltation and pollution. Temporary or Permanent vegetation will
be planted immediately upon installation of no more than 1000
feet of line and shall continue such that no more than 1000 feet
of installed line is bare at any one time.
5.02 CONSTRUCTION LIMITS
Construction limits will be imposed during the construction
of the proposed extensions to eliminate the potential of harm to
trees not in the construction path.
5.03 NOISE LEVEL
The noise level at the wastewater lift stations sites would
be minimal. The noise of the standby generator would only occur
during electrical failure and would be muffled by the building
enclosure.
5.04 SYSTEM FAILURE
The design of the proposed
incorporate measures to prevent
should the system fail.
A. System Capacity
wastewater lift stations would
a hazard to the environment
The proposed pumping systems have a design capacity of 430
gpm and 560 gpm, respectfully. The proposed systems will consist
of two (2) pumps alternating as lead pump and each pump capable
of pumping at the design capacities of the wastewater flows.
Therefore, the run time for each pump is reduced and redundancy
is provided in the case of pump failure.
EA-10
B. Loss of Power
In the case of electrical power failure to the pumping
stations, a standby emergency generator will be provided to
deliver power to the pumps for continued pumping.
C. Overflow and Leakage
As described above, redundant pumping capacity and a standby
generator will reduce the probability of overflow from the pump
station. Alarms and telemetry communication to indicate the
system malfunctions will alert the City's operator to problems at
the lift stations.
Careful design and good construction practices will be
implemented to eliminate the possibility of leakage from the wet
well.
EA-11
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SECTION I
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34
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ARTICLES OF �Zi�:ORPORATION
OF THE
FILED
300 AM
M 8
WATER AND SEWER AUTHORITY OF CABARRUS COUN'ADruS L El;AWTEN
SECRErARY� OF STATE
The Articles of Incorporation of the .Water and SewVPRt 'Pj4jA
of Cabarrus County, an authority organized under the provisions of
the North Carolina Water and Sewer Authorities Act, being Article
I of Chapter. 162A of the General Statutes of North Carolina, as
amended, by the Board of Commissioners for the County of Cabarrus,
North Carolina, the Board of Aldermen of the City of Concord, North
Carolina, the City Council of the City of Rannapolis, North
Carolina, the Town Council of the Town of Harrisburg, North'
Carolina, and the Board of Commissioners of the Town of Mount
Pleasant, North Carolina, are as follows: ~
(1) The name of such authority shall be the WATER AND SEWER
AUTHORITY OF CABARRUS COUNTY (hereinafter referred to as. the
"Authority') . " _ • ' � .
(2) The Authority is organized under Section 162A-3 of the.
North :Caro:11na Water and Sewer Authorities Art, as amended.
(3) The names of the organizing political subdivisions of 'the'
Authority are the County of Cabarrus, North Carolina, the City of
Concord, North Carolina, the City of Rannapolis, North Carolina,
the Town of Harrisburg, North Carolina, and the Town of Mount
Pleasant, North Carolina.
' (4) The Authority initially shall have nine members, two
.z
appointed by the Board of Commissioners for the County of Cabarrus,
North Carolina, two appointed by the Board of Aldermen of the City
of Concord, North Carolina, two appointed by the City Council'of
36
the City of Kannapolis, North.'Carolina, one appointed by the Town
Council of the Town of Harrisburg, North Carolina, one appointed by
the Board of Commissioners of the Town of Mount Pleasant, North
Carolina, and one appointed by. the Board of Commissioners for
Cabarrus County, North Carolina, with the advice of the other
organizing political subdivisions.
The names and addresses of the first members of the Authority
appointed by the Board of Commissioners for the County of Cabarrus,
North Carolina, are:
NAME
Bill J. Simmons, Jr.
Kenneth F. Payne
ADDRESS
1520 Hansom Lane
Concord, NC 28027
8690 Cottonwood Trail
Concord, NC 28027
The names and addresses of the first members of the Authority
appointed by the Board of Aldermen of the City of Concord, North
Carolina, are:
NAME ADDRESS
Hector H. Henry, II 824 Rothmore Drive
Concord, NC 28025
Donald T. Howell 511 Winfield Boulevard, S.E.
Concord, NC 28025
The names and addresses of the first members of the Authority
appointed by the City Council of the City of Kannapolis, North
Carolina, are
NAME
Harold D. Holbrook
Melvin W. Rape
ADDRESS
204 East 12th Street
Kannapolis, NC 28081
1108 Rogers Lake Road
Kannapolis, NC 28081
37
r I
The name and address of the. :first member of the Authority
appointed by the Town Council of the Town of Harrisburg, North
Carolina, are:
NAME ADDRESS
Martha H. Melvin 309 Hickory Ridge Road
Harrisburg, NC 28075
The name and address of the first member of the Authority
appointed by the Board of Commissioners of the Town of Mount
Pleasant, North Carolina, are:
NAME ADDRESS
W. Ralph Austin 208 North Main Street
Mount Pleasant, NC 28124
The name and address of the first member of the Authority
appointed by the Board of Commissioners for the County of Cabarrus,
North Carolina, with the advice of the other organizing political
subdivisions, are:
NAME
Evander H. Rowell
ADDRESS
P. O. Box 107
Kannapolis, NC 28081
(business)
218 Highland Drive
Eden, NC 27288
— (residence)
IN WITNESS WHEREOF, Cabarrus County, North Carolina, has
caused these Articles of Incorporation to be executed by the
Chairman of its Board of Commissioners and its corporate seal to be
affixed hereto and attested by the Clerk to said Board, the City of
Concord, North Carolina, has caused these Articles of Incorporation
to be executed by its Mayor and its corporate seal to be affixed
hereto and attested by its City Clerk, the City of Kannapolis,
38
North Carolina, has caused these Articles of Incorporation to be
executed by its Mayor and its corporate seal to be affixed hereto
and attested by its City Clerk, the Town of Harrisburg, North
Carolina, has caused these Articles of Incorporation to be executed
by its Mayor and its corporate seal to be affixed hereto and
attested by its Town Clerk, and the Town of Mount Pleasant, North
Carolina, has caused these Articles of Incorporation to be executed
by its Mayor and its corporate seal to be affixed hereto and
attested by its Town Clerk, all as of this 23 day of March,
1992.
a6aC441=1Sd dd-��
Chai an of the Board of
Commissioners for Cabarrus County,
North Carolina
ATTEST:
Clerk to the Board of
Commissioners for Cabarrus County,
North Carolina
ATTEST:
Oil
City Clerk.of the City of Concord,
North Carolina
ATTEST:
KanniCl k o e City of
po s, North Carolina
Mayor of the City of Concord,
North Carolina
Mayor of the City of Kannapoli
North Carolina
39
ATTES
�� . v% - 65 . 2:4,
Town lerk of the TowW of
Harrisburg, North Carolina
�/ 'e'z' , zle
Ma of tfie Town of Harrisburg,
North Carolina
Mayor ( ) f the Town of
Mount Pleasant, h Carolina
ATTEST:
"Town Clerk of the Town of
Mount Pleasant, North Carolina
40
ACKNOWLEDGMENTS
NORTH CAROLINA
PaPFIRRUS COUNTY
awn
I, Tna, i-�. !-lfh,�Ock a Notary Public in and for said
County and State, certify that Frankie F. Bonds personally came
before me this day and acknowledged that she is Clerk to the Board -
of Commissioners for Cabarrus County, and that by authority duly
given and as the act of the Board, the foregoing instrument was
signed in its name by its Chairman, sealed with its seal, and
attested by herself as its Clerk.
WITNESS my hand and notarial seal, this a4 44" day of r'h ,
1992.
My commission expires:
NORTH CAROLINA
CABARRUS COUNTY
I,
�OAcJ � e� � •�0�5
JAA J �-. ,AJA U C.C..
_ Notary Public
County and State, certify that V ►ck►e G . l
came before me this day and acknowledged
City of Concord, North Carolina, and that
and as the act of the City, the foregoing
its name by its Mayor, sealed with its
herself as its Clerk.
Public in
Ly��
id for said
personally
erk to the
by authority duly given
instrument was signed in
seal, and attested by
WITNESS my hand and notarial seal, this 3p+� day of Mcar..ct+ ,
1992. 1)-
Notary Public
My commission expires:
NORTH CAROLINA "
CABARRUS COUNTY
I, 6ge (NnAgZ , a Notary Public in and for said
County and Stat , certify that h 9,1810-at I d WS personally
came before me this day and acknowledged that the is Clerk to the
City of Kannapolis, North Carolina, and that by authority duly
given and as the act of the City, the foregoing instrument was
signed in its name by its Mayor, sealed with its seal, and attested
by h e(self as its Clerk.
WITNESS my hand and notarial sea this a3p day of arc.. ,
1992.
Z�
Notary Public
My commission expires:
41
NORTH CAROLINA
CABARRUS COUNTY
I, r�iar-cr_ /i�. re�SJe�� , a Notary Public in and for said
County and State, certify that',Cvn� /X. Age - personally
came before me this day and acknowledged that dshe is Clerk to the
Town of Harrisburg, North Carolina, and that by authority duly
given and as the act of the Town, the foregoing instrument was..
signed in its name by its Mayor, sealed with its seal, and attested
by he-f-self as its Clerk.
WITNESS my hand and notarial seal, this ,Z3'"1 day of,
1992. /I n
My commission expires:
S OFFICIAL SEAL!
S BARBARA M. PRESSL.EY
NORTH CAROLINA S NOTARY PUBLIC —NORTH CAROLINA
CABARRUS COUNTY COUNTY OF CABARRUS -
1 0 a Nota lic in and for said
County and State, certify that personally
came before me this day and acknowledged that the is Clerk to the
Town of Mount Pleasant, North Carolina, and that by authority duly
given and as the act of the Town, the foregoing instrument was
signed in its name by its Mayor (-Vae=Vw*), sealed with its seal,
and attested by hex self as its Clerk.
�%ISSYiSS my hand and notarial seal, thisf day of
FEND ,
IOTA
c cw%teinn Pxpires:
.PRO /_MIA, a ,• .Notary Public
42
Exhibit I-2
NORTH CAROLINA
CABARRUS COUNTY
INTERIM OPERATION AGREEMENT
for the
Rocky River Regional Wastewater Treatment Plant and
Additional Facilities and Infrastructure
THIS INTERIM OPERATION AGREEMENT (hereinafter referred to as
the "Agreement") , made and entered into as of the last of the dates
of governing board approvals set forth hereinafter, by and between
the CITY OF CONCORD, a municipal corporation (hereinafter referred
to as "Concord"); CABARRUS COUNTY, a body politic and political
subdivision of the State of North Carolina (hereinafter referred to
as "Cabarrus") and the WATER AND SEWER AUTHORITY OF CABARRUS
COUNTY, a public corporation of the State of North Carolina
(hereafter referred to as the "Authority");
WITNESS E T H: that --
WHEREAS, under and pursuant to the provisions of N.C.G.S.
162A-3, Concord and Cabarrus, together with the City of Kannapolis
("Kannapolis"), and the Towns of Harrisburg ("Harrisburg") and Mt.
Pleasant ("Mt. Pleasant") have established the Authority for the
purpose of planning, constructing, owning, operating and
maintaining water and sewer facilities; and
WHEREAS, the initial facilities to be transferred to the
Authority include:
(a) the.Rocky River Regional Wastewater Treatment Plant and
appurtenant facilities and real property, more particularly
described in Deed Book 433, Page 612; Deed Book 254, Page 39; and
Deed Book 571, Page 133, of the Cabarrus County Registry (the
43
"RRRWWTP"), currently owned by Concord under the terms of an
Agreement dated September 5, 1975 (the "Tri-Party Agreement"), by
and between the Board of Light & Water Commissioners of the City of
Concord (predecessor to the City of Concord), Cabarrus, and Cannon
Mills Company (predecessor to Fieldcrest -Cannon, Inc., hereinafter
"Fieldcrest"); and
(b) certain sewer interceptor and outfall lines owned by or
leased to Concord or Cabarrus (the "Additional Facilities and
Infrastructure") , as more particularly identified in that
Settlement Agreement effective January 6, 1992, as amended, by and
between the City of Concord and Cabarrus County incorporating that
Feasibility Study dated September, 1990, performed by Pease &
Associates for the Cabarrus Utilities'Board, a general map and
description of which is attached hereto as Exhibit A and
incorporated herein by reference; and
WHEREAS, the Authority was incorporated as a public
corporation under Chapter 162A of the General Statutes effective
April 8, 1992; and
WHEREAS, the Authority desires to apply for a State Revolving
Loan (SRL) to finance neces.sary improvements to the RRRWWTP or to
the Additional Facilities and Infrastructure (cumulatively
identified hereinafter as the "Operating Facilities"); and
WHEREAS, the Authority wishes to continue the high quality
service provided by Concord and/or Cabarrus to'all customers
utilizing the Operating Facilities; and
44
WHEREAS, the Authority, in order to be approved for and to
receive an SRL, must be legally responsible for the operation of
the Operating Facilities; and
WHEREAS, subject to the terms of the Tri-Party Agreement, as
modified by Concord and Cabarrus, but not Fieldcrest, in the
Settlement Agreement, and pending approval of the transfer of the
Operating Facilities by all applicable federal and state regulatory
authority, the Authority, together with its constituent units of
local government, desires to operate and maintain the Operating
Facilities;
NOW, THEREFORE, in consideration of mutual promises and
covenants contained herein, Concord and the Authority do hereby
agree as follows:
A G R E E M E N T
1. Operational Responsibility Transfer. As their interests -
may appear, Concord and Cabarrus shall transfer responsibility for
the operation of the Operating Facilities to the Authority
effective on July 1, 1992 (the "Effective Date") . On and after the
Effective Date, operational responsibility for the Operating
Facilities shall include, but shall not be limited to, the
following:
(a) Financial - Billing and collection of revenue for
treatment services provided to Concord, Cabarrus County,
the City of Kannapolis, the Town of Harrisburg, the Town
of Mt. Pleasant, Fieldcrest -Cannon, Inc., and all other
customers who receive sewer transportation, maintenance
or treatment services from the Authority by or through
45
the Operating Facilities or otherwise, including, but not
limited to, non -domestic surcharge customers. The
Authority shall assume liability for all expenses
incurred for the operation and maintenance of the
Operating Facilities.
(b) Compliance - The Authority shall accept responsibility
and liability for compliance with all NPDES Permit limits
and conditions as well as all other state and federal
laws and regulations which relate to the operation and/or
use of the Operating Facilities.
(c) Existing Expenses - As their interests may appear,
Concord and Cabarrus shall pay all operating expenses for
the Operating Facilities which shall have been incurred
by Concord or Cabarrus respectively, if any, prior to the
Effective Date.
(d) Operations - The Authority shall operate and maintain the
Operating Facilities in such a manner so as to provide
continuous and reliable treatment of wastewater generated
from Concord, Cabarrus, the City of Kannapolis, the Town
of Harrisburg, the Town of Mt. Pleasant and by
Fieldcrest -Cannon, Inc.
2. Transfer of Fund Balance. Concord and the Authority shall
employ an independent auditor.to determine the fund balance
existing in the operational fund of the RRRWWTP on June 30, 1992.
As audited and determined under the terms and conditions of the
original federal grant, Concord shall transfer the audited fund
balance to the Authority effective July 1, 1992. Funds encumbered
46
in fiscal year 1991-92 to cover outstanding expenses of the RRRWWTP
shall not be included in the transfer except for capital line items
assigned to improvements in process at the RRRWWTP.
3. Continuation of Service. The Authority agrees to continue
to provide wastetreatment service to that same service area as is
served by the RRRWWTP on the Effective Date, but thereafter, shall
not, necessarily, be limited to that same service area.
4. User Charge System. The Authority agrees to adopt a user
charge system adequate to cover operating expenses of the Operating
Facilities which shall include, but which shall not be limited to:
(a) the replacement of facilities and equipment; and (b) such
improvements to or expansion of the Operating Facilities as may be
required by rule, regulation, generally accepted engineering,
health, or environmental standards or increased usage.
5. Existing RRRWWTP Employees. Upon the Effective Date,
Concord and the Authority agree that the Authority shall assume
responsibility for the staff of the RRRWWTP.
6. Lease and Transfer of Facilities and Infrastructure.
Concord and Cabarrus agree to complete the transfer or lease of the
Operating Facilities in accordance with that "Settlement Agreement"
dated January 6, 1992, by and between Concord and Cabarrus, as
amended.
7. NPDES Permit Transfer. Concord and the Authority agree to
forward to the North Carolina Division of Environmental Management
(DEM) an appropriate letter requesting that Concord no longer be
the Permittee and that the Authority become the Permittee for the
47-
NPDES Permit issued for the operation of and discharge from the
RRRWWTP.
8. Acceptance of Wastewater for Treatment. The Authority
recognizes that each constituent unit of local government which has
formed the Authority must obtain approval from the North Carolina
Department of Environment Health and Natural Resources (DEHNR) of
any proposed construction of new sewer lines, both private and
public, and that such approval can be granted only if the Authority
can accept and treat the volume of wastewater projected to arise
from the new construction. The Authority agrees to adopt a policy
which will comply with DEHNR requirements and to provide a response
to the respective unit of government for such capacity request
within no more than fifteen (15) days from the receipt of complete
information from the respective constituent unit. The Authority
acknowledges that all such requests, whether for public -or private
construction, must be submitted by or be accompanied by a statement
of concurrence from the constituent unit in which the project is
located. The Authority agrees that it shall accept the wastewater
for treatment and shall not approve any actual connection unless
the connection proposed to be made is to an interceptor included in
the Additional Facilities and Infrastructure or to other sewer
lines owned by the Authority or over which the Authority has
control.
9. Pretreatment Agreements. The Authority shall enter into
an agreement with each constituent unit, i.e. Concord, Cabarrus,
Kannapolis, Mt. Pleasant and Harrisburg, for the implementation and
enforcement of a pretreatment program within each such unit. The
Authority shall accept and implement the terms and conditions of
the existing pretreatment agreements presently in force between
Concord and Cabarrus County, Harrisburg, Kannapolis and Mt.
Pleasant.
10. Term of Agreement. This Agreement shall be binding upon
and in full force and effect from the Effective Date until the
transfer and/or lease of the RRRWWTP facilities and/or the
Additional Facilities and Infrastructure has been approved by EPA
and DEM and the transfer and/or lease thereof has been fully and
finally executed by and between Concord and/or Cabarrus and the
Authority.
11. Entire Agreement. Except as expressly set forth in this
Agreement, there are no other prior or contemporaneous promises,
covenants, representations, warranties, agreements or
understandings (written or oral, or by course of dealing, course of
performance or by usage of trade) which contradict, are
inconsistent with or which supplement the terms set forth herein.
12. Situs of Agreement. This Agreement is entered into in the
State of North Carolina and shall be construed and interpreted in
accordance with the laws of the State of North Carolina.
13. Remedies and• Limitations. The parties hereto shall
execute all instruments and take all such actions as are required
and appropriate to effectuate this Agreement and the express
intention or purpose hereof. If either party should breach this
Agreement, then the other party may, at its election or discretion,
enforce its rights in a civil action (a) for specific performance
or (b) for damages. Cancellation, termination or rescission of
49
this Agreement shall not be a remedy for either party hereunder.
If either party should elect to waive any right or claim arising
under this Agreement, such waiver shall not be deemed a waiver of
any other right or claim provided for herein.
14. Binding Obligation. The parties further represent and
warrant that they have taken all actions and obtained all
authorizations, consents, and approvals as are a condition
precedent to their. authority to execute this Agreement and that
this Agreement constitutes a valid and binding obligation on their
part. Furthermore, in the event that for any reason the conditions
precedent to a party's authority to execute this Agreement have not
been accomplished in accordance with statutory requirements or
other requirements, then the parties agree that they will undertake
whatever actions are necessary to fulfill the conditions precedent
so that this Agreement will be binding on all parties.
15. Method of Amendment ITerm ination of Agreement. This
Agreement may be amended,.modified (in whole or in part) or
terminated only by an agreement in writing executed in the same
manner as this Agreement, and approved by a vote of the majority of
the members of each of the respective governing boards of Concord,
Cabarrus and the Authority.*
16. Costs. The Authority agrees to bear all costs, expenses,
and attorneys' fees associated with this Agreement.
50
IN WITNESS WHEREOF, Concord has executed this Agreement this
June
25 day of May, 1992, Cabarrus has executed this Agreement this
June
15 day of 2tay, 1992, and the Authority has executed this
June
Agreement this 15 day of My, 1992.
ATTEST:
Vickie C. Weant, City Clerk
Approved as to Form
City Attbrney
ATTEST:
A&Y-"
Frankie F. Bonds, Clerk
Approved as to Form
CITY OF CONCORD,
a Municipal Corporation
By: c e
Bernie A. Edwards, Mayor
This instrument has been pre -
audited in the manner required
by Local Government Budget and
Fiscal Control Act.
Finance Director
CABARRUS COUNTY
By:
Carolyn B. Carpenter,
Chairperson, Cabarrus County
Board of Commissioners
This instrument has been pre -
audited in the manner required
by Local Government Budget and
Fiscal Control Act.
Finance Director
51
ATTEST: /
Water and Sewer Authority of
Cabarrus County, a Public
Corporation of the State of
North Carolina
By:
a rperson, ar bf Directors
52
IREDELL
)DLE CREEK
)Df:!F-' CREEK
RIVER
HARRISBURG 1.
CR,5EK-
D WATER CREEK
WS CREEK
Dy CREEK #1D UGD WWTP
LINES.TO BE TRANSFERED ARE HIGHLIGHTED.
RIVERIHAR.RISBURG OUTVALL
CREEK/ WOLF MEADOW
�ISH BUFFALO .CREEK
MILE BRANCH
,TER CREEK omms.---
—
BUFFALO CREEK INTERCEPTOR
AND FORCE MAIN...tm
RUN BRANCH INTERCEPTOR
RCE MAIN: ft.-a
EXHIBIT A
CABARRUS COUNTY WATER AND SEWER AUTHORITY
FEASIBILITY STUDY JUNE 19W
PROPOSED INTERCEPTOR SYSTEM
53
19
-r Exhibit I-3
AGREEMENT TO DESIGNATE THE WATER AND SEWER AUTHORITY
OF CABARRUS COUNTY AS THE MANAGEMENT PLANNING AGENCY
THIS AGREEMENT (hereinafter referred to as the "Agreement"), made and entered into
- as of the latter of the dates the governing boards approval set forth herein, by and between the
CITY OF CONCORD, a municipal corporation (hereinafter referred to as "Concord"); the CITY
OF KANNAPOLIS, a municipal corporation (hereinafter referred to as "Kannapolis"); the
TOWN OF HARRISBURG, a municipal corporation (hereinafter referred to as "Harrisburg);
the TOWN OF_ MT. PLEASANT, a municipal corporation (hereinafter referred to as "Mt.
Pleasant); and CABARRUS COUNTY, a body politic and political subdivision of the State of
North Carolina (hereinafter referred to as "Cabarrus"); the WATER AND SEWER DISTRICT
OF CABARRUS COUNTY (the "District"); and the WATER AND SEWER AUTHORITY OF
CABARRUS COUNTY, a public corporation of the State of North Carolina (hereinafter referred
to as the "Authority");
WITNESSETH: that —
WHEREAS, under and pursuant to the provision of N.C.G.S. 162A-3, Concord,
Kannapolis, Harrisburg, Mt. Pleasant and Cabarrus, have established the Authority for the
purpose of planning, construction, owning, operating and maintaining water and sewer facilities;
and
WHEREAS, the District is responsible for the Water and Sewer facilities for Cabarrus;
WHEREAS, the facilities to be transferred to the Authority include:
(a) the Rocky River Regional Wastewater Treatment Plant and appurtenant facilities and
real property, more particularly described in Deed Book 433, Page 612; Deed Book 254, Page
39; and Deed Book 571, Page 133, of the Cabarrus County Registry (the "RRRWWTP");
54
currently owned by the City of Concord under the 'terms of an Agreement dated September 5,
1975 (the "Tri-Party Agreement"), by and between the Board of Light & Water Commissioners
of the City of Concord (predecessor to the City of Concord), Cabarrus, and Cannon Mills
Company (predecessor to Fieldcrest -Cannon, Inc., hereinafter "Fieldcrest") and operated by the
Authority under the terms of the Interim Operation Agreement dated June 15, 1992.
(b) certain sewer interceptor and outfall lines owned by or leased to Concord or
Cabarrus (the "Additional Facilities and Infrastructure"), as more particularly identified in that
Settlement Agreement effective January 6 , 1992, as amended, by and between the City of
Concord and Cabarrus County incorporating that Feasibility Study dated September, 1990,
performed by Pease and Associates for the Cabarrus Utilities Board, a general map and
description of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Authority was incorporated as a public corporation under Chapter 162A :
of the General Statutes effective April 8, 1992; and
WHEREAS , the Authority and Concord desires to transfer the original PL92-500 Grant
for the Construction of the RRRWWTP; and
WE EREAS, the Authority wishes to continue the high quality of service provided by
Concord at the RRRWTP to all customers presently served; and
WHEREAS, the Authority, together with its constituent units of local government,
desires to complete all necessary agreements and comply with Federal Environmental Protection
Agency (EPA) and State requirements to complete the transfer of the RRRWWTP and the
additional facilities and infrastructures; and
WHEREAS, the Authority has adopted a Sewer Use Ordinance and user fees in
accordance with State and Environmental Protection Agency guidelines and requirements; and
55
WHEREAS, the Environmental Protection Agency and the State require that the
Authority be the management planning agency in order for the Grant to be transferred;
NOW, THEREFORE, in consideration of mutual benefit Concord, Kannapolis,
Harrisburg, Mt. Pleasant and Cabarrus and the Authority do hereby agree as follows:
AGREEMENT
1. Designated Management Planning Agency. It is agreed that the Authority be
designated as the Management Planning Agency for the area and will act as lead agency for
water and sewer planning purposes.
2. Certification of Operation._ The Authority certifies that it will maintain and
operate the treatment works in a manner to meet the enforceable requirements of the Clean
Water Act including the NPDES Permit requirements for the design life of the treatment works.
3. . _Certification of Capability. The Authority being incorporated under G.S. 162-A
has the legal and institutional capability to insure adequate operation and maintenance of the
--treatment works. In addition the Authority certifies that it has the managerial and financial
capability to further insure adequate operation and maintenance of the treatment works and
interceptors throughout the service area which consist primarily of Cabarrus County.
4. Compliance with Applicable Grant Conditions. The Authority agrees to comply
with all conditions of the original grants issued under PL92-500 that are still applicable with
respect to the RRRWWTP and interceptors constructed thereunder.
5. Continue Treating Wastewater. The Authority agrees to continue to provide
treatment of all wastewater now being treated at the RRRWWTP by the City of Concord.
6. Request for Transfer. The Authority and Concord agree to formally request that
the EPA transfer the original Grant from the RRRWWTP and interceptors from Concord to the
Authority. It is further agreed that the EPA should consider this document as that formal
request.
7. Execution of Novation Agreement. The Authority and Concord agree to execute
a Novation Agreement which shall be prepared by the Environmental Protection Agency .
transferring the Grant to the Authority.
8. Term of the Agreement. This agreement shall be binding and in full force and
effect from this effective date until the terms and conditions of all grants transferred to the
Authority have been satisfied including the design life of the facilities.
9. Entire Agreement. Except as expressly set forth in this Agreement, there were
no other prior or contemporaneous promises, covenants, representations, warranties, agreements
or understandings (written or oral,. or by course of dealing, course of performance or by usage
of trade) which contradict, are inconsistent with or which supplement the terms set forth herein.
r 10. Situs of Agreement. This agreement is entered into in the State of North Carolina
and shall be construed and interpreted in accordance with the laws of the State of North
Carolina.
11. Remedies and Limitations. The parties hereto shall execute all instruments and
take all such actions as are required and appropriate to effectuate this Agreement and the express
intention or purpose hereof. If any party should breach this Agreement, then the other parties
may, at their election or discretion, enforce their rights in a civil action (1) for specific
performance or (b) for damages. Cancellation, termination or rescission of this Agreement shall
not be a remedy for the party hereunder. If any party should elect to waive any right or claim
arising under this Agreement, such waiver shall not be deemed a waiver of any other right or
claim provided for herein.
57
12. Binding Obligation. The parties further represent and warrant that they have
taken all actions and obtained all authorizations, consents, and approvals as are a condition
precedent to their authority to execute this Agreement and that the Agreement constitutes a valid
and binding obligation on their part. Furthermore, in the event that for any reason the
conditions precedent to a party's authority to execute this Agreement have not been accomplished
in accordance with statutory requirement so their requirements, then the parties agree that they
will undertake whatever actions are necessary to fulfill the conditions precedent so that this
Agreement will be binding on all parties.
15. Method of Amendment/Termination of Agreement. This Agreement may be
amended, modified (in whole or in part) or terminated only by an agreement in writing executed
in the same manner as this Agreement, and approved by a vote of the majority of the members
of each of the respective governing boards of Concord, Kannapolis, Harrisburg, Mt. Pleasant,
and Cabarrus and the Authority.
16. Costs. The Authority agrees to bear all costs, expenses, and attorneys' fees
associated with this Agreement.
IN WITNESS WHEREOF, Concord, Kannapolis, Harrisburg, Mt. Pleasant, and
`3 -
Cabarrus has executed this Agreement this � day o�' 190 and the Authority has
executed this Agreement this day 1992.
ATTEST:
City Clerk of the City of Concord,
North Carolina
CITY OF CONCORD
A Munici 1 Corporation
By:
Mayor of the City of Concord,
North Carolina
M
c6koft tity of
apolis, North Carolina
CITY OF KANNAPOLIS
A Municip Corpo tion
B
Y:
Mayor of the City of Kannapolis,
North Carolina
TOWN OF HARRISBURG
A Municipal Corporation
By:
MaYor of the Town of Itarrisburg,
North Carolina
ATTEST:
' Towa Clerk to the Towlaof
Harrisburg, North Carolina
TOWN OF MT. PLEASANT
' A Municipal Co oration
By:
Mayor of the Town o easant,
North Carolina
ATTEST: .
.Town Clerk to the Town of
Mt. Pleasant, North Carolina
CABARRUS Z'Co
By.
_ �A L
Chafrman of the Board of
Commissioners for Cabarrus County,
North Carolina
Clerk to the Board of
Commissioners for Cabarrus County,
-North Carolina 59
- - ATTEST:
District Clerk
WATER AND SEWER DISTRICT OF
CABARRUS CO
By: -
Chairman
WATER AND SEWER AUTHORITY OF
CABARRUS COUNTY
Chairman, Board of Directors
..ATTEST:
Secretary - —
M
Exhibit -I-4
WSACC
...............................................
WATER & SEWER AUTHORITY OF CABARRUS CO.
May 23, 1994
Mr. R. Gene McCombs, City Manager
City of Kannapolis
Post Office Drawer 1199
Kannapolis, North Carolina 28082-1199
-Subject: City of Kannapolis Annexation Area "B"
(Contracts XIV, XV, XVII and XV M
Dear Mr. McCombs:
As you are aware, we have available treatment capacity at the Rocky River Regional
Wastewater Treatment Plant (RRRWTP) to handle. anticipated flows from your newly annexed
Area "B". I have written letters of flow acceptance to Jeff Moody as your various projects have
been submitted for approval.
• The existing Cold Water Creek Interceptor, owned and operated by the •Water and -Sewer
Authority of Cabarrus County (WSACC); is the means of . transportation of Area "B" waste-
water to the RRRWTP. The Cold Water Creek Interceptor was constructed around 1966 and
serves a drainage basin, including your Area "B", that has the potential for significant
development by Cabarrus County and the City of Concord as well as _the City of Kannapolis.
We are aware that flow capacity in this system may be exceeded in the future.
Boyle Engineering is now in the process of .completing a master plan for WSACC to
identify and .prioritize future sewer needs including the Cold Water basin. It is our intent in
keeping With the mission and objectives of WSACC, to develop a long range plan for funding
and construction of all major interceptors in our service area.
Sincerely,
?ohn C. Murdock, III
Executive Director
JCM: j ys -
cc: Melvin- Rape
232 Davidson Hwy.
. P.O. Box 428
Concord, NC 28027 , 61
Ph 704.786.1783
Fx 704.786.5205
EXHIBIT I-5
Proposed Annexation by
City, of Kannapolis
October 14, 1987
62
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EXHIBIT I-6
Proposed Sewer Ouffalls
63
CITY OF KANNAPOLIS
WATERSHED OVERLAY DISTRICT M"
%K31 NOTES: Watershed Overlay Districts
:...
A. Critical Area (CA)
All of part of a property is located in a Watershed Critical Area
(CA) if it meets all of the following three criteria:
x G
1. It is located in the City of Kannapolis or its Area of
Extraterritorial Jurisdiction; and
- 2. Stormwater from the \.s property drains into one of the following
water supply lakes: Kannapolis Lake (KLWS-CA), Lake Concord
(LCWS-CA), or Lake Fisher (LFWS-CA); and
;ter; 3. It is located within 1/2 mile of the normal pool elevation of
►� _ _ the lake to which it drains. Normal pool elevations are as
follows:
Lake Normal Pool Elevation above Mean Sea Level
' i s,
Kannapolis 726.4 feet
=• Concord 665 feet
Fisher 646 feet
B. Balance of Watershed (BW
•� All or part of a property is located in a Watershed Balance of
•;� Watershed (BW) if it meets all of the following four criteria:
1. It is located in the City of Kannapolis or its Area of
Extraterritorial Jurisdiction; and
2. It is located within the area formed by the external boundary
`,;%... of a Balance of Watershed area as shown on the map; and '
3. Stormwater from the property drains into one of the following
water supply lakes: Kannapolis Lake (KLWS-CA), Lake Concord
_ - - (LCWS-CA), or Lake Fisher (LFWS-CA); and
4. It is not located within a Critical cal Area.
\/ C. In determining
the application of the Watershed Overlay
District60
best available��information shall be used.
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EXHIBIT I-7 '�;:%� L r}��`
64
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Amending Chapter 18
An Ordinance Amending the
Code of Ordinances of the City of Kannapolis
With Respect to Zoning
BE IT ORDAINED by the City Council of the City of Kannapolis, North Carolina,
that the Code of Ordinances of the City of Kannapolis be amended as follows:
Part I. That Article 3, Zoning Districts, Section 3:2 Overlay Districts is
hereby rewritten to read as follows:
"Section 3:2 OVERLAY DISTRICTS
The Primary Zoning Districts (Districts) established in Section 3:1 are hereby
subjected *to the additional regulations -,of OVERLAY DISTRICTS as designated herein
and as shown on the Official Zoning Map. Any land zoned in any Primary Zoning
District may also be zoned one or more of the following Overlay District
classifications -provided that said land is either designated as being contained
within the physical boundaries of an Overlay District upon adoption of this
Zoning Ordinance or by due process of the map amendment procedure as stipulated
in ARTICLE 12 herein.
SYMBOL OVERLAY DISTRICTS
ICS Interstate Commerce Sign Overlay
MH-1 Manufactured Home Overlay
MH-2 Manufactured Home Overlay
MHP Manufactured Home Park Overlay
HSP Historical Structure Protection Overlay
TP Thoroughfare Protection Overlay
Watershed Overlay Districts
KLWS-CA Kannapolis Lake Watershed Critical Area Overlay (WS-III*)
KLWS-BW Kannapolis Lake Watershed Balance of Watershed Overlay (WS-III*)
LCWS-CA Lake Concord Watershed Critical Area Overlay (WS-IV*)
LCWS-BW Lake Concord Watershed Balance of Watershed Overlay (WS-IV*)
LFWS-CA Lake Fisher Watershed Critical Area Overlay (WS-IV*)
LFWS-BW Lake Fisher Watershed Balance of Watershed Overlay (WS-IV*)
* Water Supply Watershed classification as assigned to the water supply watershed
by the North Carolina Environmental Management Commission pursuant to North
Carolina General Statutes 143-214.5."
66
Part II. That Article 4, Definition of Terms, is hereby amended by adding a new
Section 4:4 to read as follows:
"Section 4.4 Supplemental Special Watershed Overlay Definitions
The following supplemental special definitions apply to the Watershed Overlay
District Regulations.
Balance of Watershed BW . The remainder of a watershed outside the critical
area.
Best Management Practices (BMP). A structural or nonstructural management -based
practice used singularly or in combination to reduce nonpoint source inputs to
receiving waters in order to achieve water quality protection goals.
Buffer. An area of natural or planted vegetation through which stormwater runoff
flows in a diffuse manner so that the runoff does not become channelized and
which provides for infiltration of the runoff and filtering of pollutants. The
buffer is measured landward from the normal pool elevation of impounded
structures and from the bank of each side of streams or rivers.
Built -upon Area. Built -upon areas shall include that portion of a development
project that is covered by impervious or partially impervious cover including
buildings, pavement, gravel roads, drives and parking areas, recreation
facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water
area of a swimming pool are considered pervious.)
Critical Area (CA). The area adjacent to a water supply intake or reservoir
where risk associated with pollution is greater than from the remaining portions
of the watershed. The critical area is defined as extending either one-half mile
from the normal pool elevation of the reservoir in which the intake is located or
to the ridge line of the watershed (whichever comes first); 6r one-half mile
upstream from the intake located directly in the stream or river (run -of -the -
river), or the ridge line of the watershed (whichever comes first). Lo6al
governments may extend the critical area as needed. Major landmarks such as
highways or property lines may be used to delineate the outer boundary of the
critical area if these landmarks are immediately adjacent to the appropriate
outer boundary of one-half mile.
Development. Any land disturbing activity which adds to or changes the amount of
impervious or partially impervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil.
Discharging Landfill. A facility with liners, monitoring equipment and other
measures to detect and/or prevent leachate from entering the environment and in
which the leachate is treated on site and discharged to a receiving stream.
Existing Development. Those projects that.are built or those projects that at a
minimum have established a vested right under North Carolina zoning law as of the
effective date of these provisions based on at least one of the following
criteria:
67
(1) substantial expenditures of resources (time, labor, money) based on a good
faith reliance upon having received '.a,.valid local government approval to
proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General
Statutes (G.S. 153A-344.1 and G.S. 160A-385.1), or
(3) having expended substantial resources (time, labor, money) and having an
approved site specific or phased development plan as authorized by the
General Statutes (G.S. 153A-344.1 and G.S. 160-A-385.1).
Hazardous Material. Any substance listed as such in: Superfund Amendments and
Reauthorization Act (SARA) section 302, Extremely Hazardous Substances,
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Hazardous Substances, or Section 311 of Clean Water Act (CWA) (oil and hazardous
substances).,_ ._.
Industrial Development. Any non-residential development that requires an NPDES
permit for an industrial discharge and/or requires the use. or storage of any
hazardous material for the purpose of manufacturing, assembling, finishing,
cleaning or developing any product or commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary
manner in accordance with Chapter 130A Article 9 of the NC General Statutes. For
the purpose of these provisions this term does not include composting facilities.
Major Variance. A variance that results in any one or more of the following:
(1) the complete waiver of a watershed management requirement;
(2) the relaxation, by a factor of more than ten (10) percent, of any management
requirement that takes the form of a numerical standard.
Minor Variance. A variance that does not qualify as a major variance.
Non-residential Development. All development other than residential development,
agriculture and silviculture.
Residential Development. Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses, cottages,
mobile homes, etc. and their associated outbuildings such as garages, swimming
pools, storage buildings, gazebos, etc.
Sedimentation Control Permit. A permission granted by the State of North
Carolina for a person to conduct a land disturbing activity pursuant to the
Sedimentation Pollution Control Act of 1973, as amended.
Toxic Substance. Any substance or combination of substances (including disease
causing agents), which after discharge and upon exposure, ingestion, inhalation,
or assimilation into any organism, either directly from the environment or
indirectly by ingestion through food chains, has the potential to cause death,
disease, behavioral abnormalities, cancer, genetic mutations, physiological
malfunctions (including malfunctions or suppression in reproduction or growth) or
physical deformities in such organisms or their offspring or other adverse health
effects.
Variance. A permission to develop or use property granted by the Board of
Adjustment relaxing or waiving a water supply watershed management requirement
that is incorporated into this Ordinance.
Water Dependent Structure. Any structure for which the use requires access to or
proximity to or siting within surface waters to fulfill its basic purpose, such
as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific
point (e.g. the water supply intake)."
Part III. That -Article 5, Zonin District Regulations, Section 5:3 Individual
Overlay Zoning District Regulations, ishereby amended by deleting the provisions
of Subsection 5:3.5, WP, Watershed Protection Overlay and designating Subsection
5:3.5 as "reserved", by de e�ubsection 5:3.5.1, Lot Area Requirements, and
by creating the following new Subsections:
"5:3.8 General Provisions Applicable to All Watershed Overlav Districts
The following general provisions apply to all Watershed Overlay Districts. These
provisions and the provisions contained in the Individual Watershed Overlay
Districts are designed to protect the water quality of the Water Supply
Watersheds that lie within the jurisdiction of this Ordinance and to implement
the rules adopted by the North Carolina Environmental Management Commission for
the classified watersheds pursuant to North Carolina General Statutes 143-214.5.
(a) The construction of new roads and bridges and non-residential' development
should minimize built -upon area, divert stormwater away from surface water
supply waters as much as possible, and employ best management practices
(BMPs) to minimize water quality impacts. To the extent practicable, the
construction of new roads in the critical area should be avoided. The
Department of Transportation BMPs as outlined in their document entitled
"Best Management Practices for the Protection of Surface Waters" shall be
used in all road and bridge construction projects in the Watershed Overlay
Districts.
(b) All development activities within Watershed Overlay Districts, in addition
to those activities specifically regulated by these provisions, are subject
to the standards, usage conditions and other regulations contained in the
Rules and Requirements of the Surface Water Supply Protection Rules adopted
by the North Carolina Environmental Management Commission.
(c) A minimum 30-foot vegetative buffer for development activities is required
along all perennial waters, including streams, rivers and impoundments,
indicated on the most recent versions, of United States Geodetic Survey
(USGS) 1: 24,000 scale topographic maps; provided, that nothing in this
Subsection shall prevent artificial streambank or shoreline stabilization.
No new development is allowed in the.:buffer, except that water dependent
structures, and public works projects such as road crossings and greenways
may be allowed where no practicable alternative exists. These activities
shall minimize built -upon surface area, direct runoff away from the surface
water, and maximize the utilization of BMPs.
(d) Existing development, as defined in this Ordinance, is not subject to the
requirements of the overlay provisions. Expansions to structures classified
as existing development must meet the requirements of these provisions,
provided however, the built -upon area of the existing development is not
required to be included in the density calculations. In determining
expansions to existing development, the maximum permitted additional built -
upon area is derived by -multiplying the area of the portion of the property
that is not built -upon by the appropriate percent built -upon limitation for
- the'Overlay District 'in which 'the property is located.
(e) A pre-existing lot created prior to the effective date of this Ordinance,
regardless -of whether or not a vested right has been established, may be
developed or :redeveloped for single family residential purposes without
being subject to the restrictions of these overlay provisions.
(f) Any existing building or built -upon area not in conformance with the
limitations of these provisions that has been damaged or removed for any
reason may be repaired and/or reconstructed, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and
completed within two (2) years of such damage or removal.
(2) The total amount of space devoted to built -upon area may not be
increased.
(3) The repair or reconstruction is otherwise permitted under the
provisions of this Ordinance.
(g) No activity, situation, structure or land use shall be permitted or allowed
to operate within a watershed which poses a threat to water quality and the
public health, safety and welfare. Such conditions may arise from
inadequate on -site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper storage
or disposal of junk, trash or other refuse within a buffer area; the absence
or improper implementation of a spill containment plan for toxic and
hazardous materials; the improper management of stormwater runoff; or any
other situation found to pose a threat to water quality.
(h) The Zoning Administrator may require such information on Zoning Compliance
Permit and Development Plan applications, including density/built-upon area
calculations, as he may deem necessary to determine compliance with
Watershed Overlay District provisions.
(i) The Zoning Administrator may, prior to the issuance of any permit in a
Watershed Overlay District, require evidence of a valid Sedimentation
Control Permit issued by the State of North Carolina or evidence
satisfactory to the Administrator that no permit is required.
7Q
(j) The Zoning Administrator shall maintain records of the administration of the
Watershed Overlay District regulations and shall submit any modifications of
the regulations to the Division of -Environmental Management, Division of
Environmental Health and Division of Community Assistance. The Zoning
Administrator shall also maintain a record of variances issued and shall
submit an annual report of each project receiving a variance and the reason
for the variance to the Division of Environmental Management.
5:3.9 KLWS-CA Kannapolis Lake Watershed Critical Area Overlay
The purpose of the KLWS-CA Kannapolis Lake Watershed Critical Area Overlay is to
provide for protection of the Kannapolis Lake Water Supply consistent with the
WS-III Critical Area watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
5:3.9.1- General Development Standards
(a) No new sites for land application of sludge/residual or petroleum
contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
(d) New industrial development shall incorporate adequately designed,
constructed and maintained spill containment structures, as determined
by the Kannapolis Fire Chief or his designated agent, if hazardous
materials are either used, stored or manufactured on the premises.
5:3.9.2 Density/Built-upon Limitations
(a) Residential development shall not exceed one (1) dwelling unit per acre
or, optionally, twelve percent (12%) built -upon area, on a project by
project basis.
(b) Non-residential development shall not exceed twelve percent (12%)
built -upon area, on a project by project basis.
5:3.10 KLWS-BW Kannapolis Lake Watershed Balance of Watershed Overlay
The purpose of the KLWS-BW Kannapolis Lake Watershed Balance of Watershed Overlay
District is to provide for protection of the Kannapolis Lake Water Supply
consistent with the WS-III Balance of Watershed watershed management rules as
adopted by the North Carolina Environmental Management Commission.
5:3.10.1 General Development Standards
(a) No new discharging landfills are allowed.
(b) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
r.
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5:3.10.2 Density/Built-upon Limitations
(a) Residential development shall not exceed two (2) dwelling units per
acre or, optionally, twenty-four percent (24%) built -upon area, on a
project by project basis.
(b) Non-residential development shall not exceed twenty-four percent (24%)
built -upon area, on a project by project basis.
(c) Notwithstanding the limitations of 5:3.10.2 (b) above, 5% of the KLWS-
BW area may be developed with new non-residential development projects
of up to seventy percent (70%) built -upon area .as Special Non-
residential Intensity Allocations (SNIAs). SNIAs shall be allocated
and developed in accordance with the following rules:
(1) SNIAs shall be allocated by the Zoning Administrator through the
Zoning Compliance Permit/Development Plan process. The Zoning
Administrator shall maintain a record of the total acreage in the
_KLWS-BW area eligible for SNIAs, the acreage that has been
allocated and the acreage that has been used as of the latest
date. In no case shall allocated acreage exceed the acreage
eligible for allocation.
(2) SNIAs shall be allocated on a "first come, first served" basis
upon the approval and issuance of the appropriate permit.
(3) The right to develop a SNIA shall terminate with the loss of the
right to develop due to the expiration of a Zoning Compliance
Permit, Zoning Compliance Permit with Vested Rights, or Building
Permit. In such a case, the allocated acreage, or unused
allocated acreage, shall be returned to the unallocated total
acreage eligible for allocation.
(4) In no case shall the built -upon area of a SNIA exceed the bui-lt-
upon limitations of the Primary Zoning District in which the SNIA
is located as shown in Table V-II.3 as "Lot Coverage".
5:3.11 LCWS-CA Lake Concord Watershed Critical Area Overlay
The purpose of the LCWS-CA- Lake Concord Watershed Critical Area Overlay is to
provide for protection of the Lake Concord water supply consistent with the WS-IV
Critical Area watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
5:3.11.1 General Development Standards
(a) No new sites for land application of sludge/residual or petroleum
contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill -failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
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5:3.11.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally, twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
5:3.12 LCWS-BW Lake Concord Watershed Balance of Watershed Overlay
The purpose of the LCWS-BW Lake Concord Watershed Balance of Watershed Overlay is
to provide for protection of the Lake Concord water supply consistent with the
WS-IV Balance of Watershed watershed management rules as adopted by the North
Carolina Environmental Management Commission for such classified areas.
5:3.12.1 General Development Standards
(a) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
5:3.12.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally, twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
(c) Residential development activities which require a Sedimentation
Control Permit and which are not required to use, or do not utilize for
storm drainage purposes, a curb and gutter street system, shall not
exceed three (3) dwelling units per.acre or, optionally, thirty-six
percent (36%) built -upon area, on a project by project basis.
(d) Non-residential development activities which require a Sedimentation
Control Permit and which are not required to use, or which do not
utilize for storm drainage purposes, a curb and gutter street system,
shall not exceed thirty-six percent (36%) built -upon area, on a project
by project basis.
5:3.13 LFWS-CA Lake Fisher Watershed Critical Area Overlay
The purpose of the LFWS-CA Lake Fisher Watershed Critical Area Overlay is to
provide for protection of the Lake Concord water supply consistent with the WS-IV
Critical Area watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
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5:3.13.1 General Development Standards
(a) No new sites for land application of sludge/residual or petroleum
contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill -failure containment
plan approved by the Kannapolis Fire Chief or his designated agent.
5:3.13.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally, twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
5:3.14 LFWS-BW Lake Fisher Watershed Balance of Watershed Overlay
The purpose of the LFWS-BW Lake Fisher Watershed Protected Area Overlay is to
provide for protection of the'Lake Fisher water supply consistent with the WS-IV
Balance of Watershed watershed management rules as adopted by the North Carolina
Environmental Management Commission for such classified areas.
5:3.14.1 General Development Standards
(a) Non-residential development shall maintain an inventory of all toxic
and hazardous materials and shall implement a spill/failure containment
plan approved by the Kannapolis Fire Chief or his designated agent..-.
5:3.14.2 Density/Built-upon Limitations
(a) Residential development activities which require a Sedimentation
Control Permit shall not exceed two (2) dwelling units per acre or,
optionally twenty-four percent (24%) built -upon area, on a project by
project basis.
(b) Non-residential development activities which require a Sedimentation
Control Permit shall not exceed twenty-four percent (24%) built -upon
area, on a project by project basis.
(c) Residential development activities which require a Sedimentation
Control Permit and which are not required to use, or do not utilize for
storm drainage purposes, a curb and gutter street system, shall not
exceed three (3) dwelling units per acre or, optionally, thirty-six
percent (36%) built -upon area, on a project by project basis.
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(d) Non-residential development activities which require a Sedimentation
Control Permit and which are not, required to use, or which do not
utilize for storm drainage purposes, a curb and gutter street system,
shall not exceed thirty-six percent (36%) built -upon area, on a project
by project basis."
Part IV. That Article 6, General Regulations and Requirements, Section 6:18,
Lots of Insufficient Size, is amended by rewriting the last paragraph in that
Section to read as follows:
"If two or more adjoining and vacant Lots of Record of insufficient size existing
and designated by metes and bounds prior to the applicability of this Zoning
Ordinance and amendments thereto are in single ownership at any time after the
adoption of this Ordinance and such lots individually have less area or width
than the minimum requirements of the Primary Zoning District in which such -Lots
are located, such Lots shall be considered as either a single Lot or as several
Lots which meet the minimum requirements of this Zoning Ordinance for the Primary
Zoning District_in which such Lots are located. Provided, however, the
provisions of this paragraph shall not require the combination of existing lots
to meet the additional requirements of Watershed Overlay Districts."
Part V. That Article 11, Board of Adjustment is amended by adding a new Section
11:6 to read as follows:
"Section 11:6 Variances from Watershed Overlay District Requirements
The Board of Adjustment may authorize variances from the specific requirements of
the Watershed Overlay Districts in the same manner and subject to the same
procedures and requirements _of this Article for authorizing other variances,
provided that:
1. The notice required in Section 11:5 shall also be mailed by first class mail
to all other local governments having watershed regulation jurisdiction
within the particular watershed where the variance is requested and to each
entity using that water supply for consumption; and
2. Favorable action by the Board of Adjustment on any major variance, as
defined in this Ordinance, shall constitute a favorable recommendation but
- such major variance shall not become effective unless authorized by the
Environmental Management Commission in accordance with their rules or
procedure."
Part VI. That Article 11, Board of Adjustment, is amended by adding a new
Section 11:7 to read as follows:
"Section 11:7 Interpreting Watershed Overlay District Boundaries
The Board of Adjustment, in addition to its authority contained in Section 7:3 in
interpreting zoning district boundaries and .fin Section 11:2 (1) in deciding
appeals, shall have the power to make adjustments to the exterior boundary of
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shown on the Official Zoning Map as being in a Watershed Overlay District
actually drains to that 'watershed, the Board of Adjustment shall, upon appeal by
the owner, make a determination as to the facts of the matter as it affects the
subject property.
In determining whether a property or part of a property drains to the Watershed
as indicated on the Map, the Board of Adjustment shall base its determination on
actual field conditions of the property as determined by topographical
conditions. In making its determination, the Board of Adjustment may require the
appellant to produce relevant expert testimony and exhibits.
After hearing such appeal, the Board shall find that the subject property (all or
part) is either in the designated Watershed or out of the designated Watershed.
If the Board shall find that the subject property is out of the designated
Watershed, the Board shall order the Map to be adjusted to show the subject
property to be outside the designated Watershed. In making such order, the Board
of Adjustment shall designate the Watershed in which the subject property is
located. If such designation causes the subject property to be located is
another Watershed Overlay District, the order shall cause the Map to be adjusted
to show the same."
Part VIT_. All ordinances in conflict with the provisions of this Ordinance are
hereby rapea:ed to the extent of such' conflict.
Part VIII. This Ordinance shall become effective the 1st day of July, 1993.
ADOPTED this the Sth day of May , 1993, by the City Council of the
City of Kaanapolis, North Carolina.
a
ATTEST:
Br� ette w , ark Bacaman S. Brown, Jr., 44ayor
kp3/wsodord
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