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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. p;V-t�Jo� 41�: i°�bi.c jc�d�ks Ci4 V1Ap0�iS. 1,—�Ln��YpalisfN�- 2.gosi �- �i d ,cr�r� 327.h,i.s General Information 32s .9�--.v� r ^2)^M i `f 2. 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. a eP `4 s I Pa,,•F, aL ISO 6. 70 Cy1LB,-Ol2C ������ FAr� ©� `5 �Cs- C S 4 I.. 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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 . -pa�oadsu! puD pa4SDM sum UaJu aJl� -ua 94,L •sJludaJ Jo4 alq!suodsaJ sum a4 puu ap!s sly uo sum adld pa+snq pas1APU SUM +uap!SZd •asuaJ6 4o asnuoaq paJJn000 ll!ds s14,L 4-3349 PuDIIoH OOZ T - suollD 909 £ -/+ IDTO—J b00Z LZ ADW 'Ua�D� aJam saldwus puD Japm 4SaJ} 4+!m pzgsnl� sum DaJD aji�ua a41 •sJlDdaJ Job alq!suodsaJ aq pinom ,(94� puD ap!s Jla4+ uo ua� oJq SUM lDJaa.DJ 24+ �Dq� paslnPU SUM +uaP!SB�J •asuaJ6 jo asnDoaq paJJn000 II!ds s14_L PDOZI puod JBADZS 8T£Z - suollD 00£ L -/+ I04.0.L VWZ 6 ADW •apuw aJam sJludaJ sU UaJu pzpaj4D aq+ azlwlulw o� paulo�uoo sum a6JU4oslQ 'sJludaJ Ajussaaau apuw saaAoldwa saoJnosab JapM •ulDw Jamas aye pa ln�dnJ /IID�uappx) puD 4o�!p D 6uluoalp sum maJo a6uuluJp 94+ su paJJn000 ll!ds S141 ulssor0 )IaaJO & IID}}n0 4.595+9 42UDJ8 - suollD 000 T -/+ ID}o1 b00Z ZZ I!J b 'DaJD pa4.oa44u pa4olnw puD papaas 'padDospuDI 'Pall! 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D.}uana,Jd Mil :)noJd waoliad Alpnul�uoo am 'uol+!ppD Uj 'SUazi+!o Jno o. all jo A( qunb puD aDIAJas 10 IaAal aye. aDUDqua jzq. Jn4 o+ AumJapun s�oafoad uo!+onJ+suoo IDJBA8s SDq s1loduuuD� jo A !.? ay.L 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 J., C' 11 'n • I LIM �� 111I��/'II a. • •'°•'° 1 Sol - ... JI - — acor. •SA •�_' Sys .11t �•S�! �•� -�� i v. • ttpa - r. ''r F..Z.3A!•• sr �1 t •. ■Ty - ar, 1 7 t9. C•. •yam i. LAKE • 2 ! FISHER •�I.a PIMA �,, •• 06 • STATION� 00 J1• Zi4 � w t.,. �+ ae.t. C.1, • CONCORD LAKE !•!��� Y • • /� � •`� � % 1t 1 �• : � •ram .. ; - . \••.+r �' I Proposed Under Con3truction 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 6£ 2UT10=p, Lj:POt1 ' S d uU-ex 30' AqT� a o x T: :ssassx EUTTOSE, 44ZON ' TTOdEuuEg ;O AgTo aqq ;O =OAPK t PUT .Toapo tiq=ox 'pzoouO, 30AgTD aqq 3O'xiaTD 44TO SS3S,T,Td EUTTO=p, ggzox 'p=oouo, 3o AgTO aqq -;o aoAvK PUTTo=E, ggzox ' Kquno' sn =EQE3 s09 S29UOTSSTUIMOD go p=p09 aqq oq xzar, : Wally puTTOzp,.q;-Iox 'Aquno' snzzpgED zO3 szauoTSSTMMC:) go.pzEog aqq ;o Up tpg0 P��' 77 'Z66T 'goavx 3o App rVE'j� sTgq ;O sp TTp 'x=aTO UMoy sgT Aq pagsaggp PUP ogazaq paxT;gP aq Oq Tres agp=od=oo sqT pup aOArK sqT Aq pagnaaxa aq oq uotgpzodzooul 30 saTOTg-W asagq pasnpo spq 'EUTTO-TE0 ggzox 'gupspaTa qunoN ;o uMos aqg pup 'xzaTO UMOy sqT Aq pagsaggp PUP oga=att paxT3;p aq oq Tres agpzodzOo sqT pup zOlP.W sqT Aq pagnoaxa aq oq UOTgpzodzooul JO saTOTq-XV asatiq pasnpO spt; ' PUTTO=E:) . ggzox 'bingsTaaPH 30 UMoy aqq 'x=aT, AgTO sqT Aq pagsaggE pup ogazaq paxT;gP aq oq Tres agpzodzoo sqT pup aOARK sgT Aq pagnoaxa aq oq u0TgEzodzoou2 3o sa TOT .4ay asagq pasnpo spt; 'puTTozpD ggzox 0+ EUTTOZE, W4.20x 'quEsEaTd qunoN 30 uMos 9TV4 ;o x29TO UmOy :ss�ssx PUTTOSE� 'quESEaTd 4unoyi 3o uMos axrq 3 ( ) acAP 1 EUTTOSE, tr4aOK 'bzngsTSSEg go MoLl auq 3o W-19Tit UMOS s�ss� EUTTOZED g4aoN 'bzngsTZZEg 90 Umos a�� 30 Eyi 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 ••'• - EW HIV �/ •/ �,1 �- • �:/�..•}• � '/ l -_ • �0��. � �/^.•� ./ � i / i It A Zr r EXHIBIT 1-7 �:', `,��L •, ;r�J� ``: J^ �• J�1� `�', � - \_ _ � it _ �, � � � � 800 !� �y. ^ .76 U • ` �� - . -•, / ` ���✓���r _ I _` v _ r� . �� � �� +, � � � � p •_ -.: i, ,ice OLk� 0. 52 .i • _ ..` �� 5 _ _ - - ~=� , �J ''•' ` Q - - _ _^ �7 - ,cam J ` I i.• /, r'r - yr mto r� ~ -1 -•'� _��: : Feyn6hip C. - ` . G°b i• lb4 _ LFWS-BW.. '� (• .I_ • - - •\ _ _ /tea _ _ •61'_T�F" I ° 1 ` 5 • Yam- _ice • R ' • • �• .i _ '- �O LFWS-CA • 1 �� _ • • - -. �, Nf � l9 dtp fF)• ~�` ' -� -ate- L ale• RIM,' � �Jo - � Btu so 6 �- sr !. '�.. �/ I •.�•.... /M 652' • V Si ! 1: S• -' j LCWS ��✓� ! � �co: c C 6 �� ae \-` -aW ( r\ 6 „ — _ 7 itchell'% 7 = .:�� .i' �, �^fib ` •� .ti-- - Keller LC11WS-CA 646 40 LFWS-BW �wj - ,� _ �.` _:+`•. _•v.,^ ram`'. ni i-- �� ` �� •n. _ gyp •�� i� � R,.:.�' _ -_' • .,• „ � -�' = .'�' __ '',, 660 a EMS = =i='r — -f' / — �/Il. I �• _ \ _ / i'• �: Lake,/ ^� 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. 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HL �VLLs Lakj I -I TT-q-TLIxa ._ �oZ • 09� /cod � 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 '11i' 11 ...• — M1 .rn\. �•�-. .�, u I 1 • :�Qi I=� I •. I 1• � It.f •\ I1� t \C•rt ,jl•J „ 111 «•.o • , .o ... .CC :.ol w' 7N1 61. 2192---- —� •... • M G.If 7 2>G J) fT 2t%� .f Co..••• f _ o � 1 •.\ C..af•o. n\ c.•. f.a. a. •.. 0 � 191 Co. •' \ LAKE • 3l �. FISHER � � • i 2PUMP .. ••r � 200 •STA ." •.� ' 1! 0 2 ,w- IA• - V— - -- I ZZ� n, 11 332 PUMP 1 STATION y �� ' r frn r "'j• 1, 1 � \•.� cwcwo � lsr. �' ; • pn. C.. r CONCORD \ 2 Ins ` /,•;, • r,N •\s, LAKE i � zlr. Il)((l caK. Proposed mew Under Construction 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. r +� ."•':r^ cr, ,' i ._ \'•� , is ' �3.Y � J+ — _ y � �;t ..._ •!Lf�... �" -" _ { S��r� " fir.: ' �; t, ' � •' c(^fir ` —�. \, i . • � '• .._ : J .J _ `i (��'i M' U - `�, ` <=� fir✓ �, EXHIBIT I-7 '�;:%� L r}��` 64 V. ' `� .mot^v,•, �%•}��:' �'j` ��'� � ;�// ' 1�`�/�"'�� .•.� ✓ • � � � • = "�,,„ - r���' ice' ."-.. � _ �. , _ __�_ I.N I �. O 1_• "\ram �\ / �' �� ' -•� •\ � , C _•� � °_ _ s..p •/ter/ + •n.i ..ram... - ��'�`.-� ,•-. �' �cssvcc� Vz • _�_ o 41 OiLk 4mve_•�' c •6 ♦ - n r� � . •• 111 / � - � r .:/�"'' _ `�' -`� �_�` �/gin- � :u V. . _ -• ` .�. a•��,'. _ /1 J- -. ___ �� w � . ;• 4 L -cam •n i�. \' ' s: - `,� -� _� •� - I r `- ,% . -� \B- _ /� � �_ +ter =� � �.+`- _ •-�__y � '✓ � erg \\ - � '/ � �/�y'�J7rrr. `• . - -� •\ % _ _;�+0/ �� ` %• arc _ V Trailer I Pal + I -MOOS£. Sao r` _ • J - �\ - - 10 Ie � _ ` ` • vim_ ��r,• R ' A �, .� . eMCLew33b _ �/ "` LFWS-CA . �� !�` - 1'• _ • Q J —� r_ • on, ' Pic J \ r lll�%i�a9el_..: ZAV L \ o,.. _ _ I --� cws—Bw �� 6 ° r; 'issr • itchell�;`''ee _ �- • . t •• .. al g � • i � �`;/ cep r. \� � - - _. _ _ � _ /' _ Cam- _ - . Heller Ch• _•',� ��/ ;' LFNS-CA1,7 LCWS-CA646 - 78 LCWS-CA — '-^ _ •._��\- ,....J, .r `-_ 750 moo. ''•/'•' - , \�•,. ,'/ ��, 660 e' LM$ =.� .�... _ -f 'ate ! /') ✓/?�, I 1 'F- ,' _ - �� Lake - - - ! E 1y� w7[Cp=1. �••J ' Lake "�' +�' •/r\ ,j ...c�� p�-• �.. l r/11 • // „C. 1 ��.-�-1�_ _'1� \_� •�i )"<. •��- -_„ i -- �� �' ; = ;,: >'i ; 1. � '" ,: � "..: ._ •- •� - . � -. - �,:�„ �,�;� .� �; ::.:.:..�.. J• •✓ •��/ %� I � \�`yT� � ,��.'�__/,�•��•�r-.�;7Jq Tear V'/'�y -�"�'� 'r, -j •�� �, r`j 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. 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 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. 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 .fin 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 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 76