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HomeMy WebLinkAboutMore Information Received - 1/17/2013Bushardt, Jim From: Timothy Webb [TWebb@onwasa.com] Sent: Thursday, January 17, 2013 4.32 PM To: Bushardt, Jim Cc: Billy Farmer; Eddie Caron Subject: Summerhouse Pump and Haul Attachments: addendum i ii iii mcbcl wwtr.pdf Jim, Attached is the agreement for ONWASA to pump up to 3.5 MGD of wastewater to the French Creek WWTP, please see addendum 3 of this attachment. Due to the rain events the lagoon at Holly Ridge spray site is to capacity. The collection system at Summerhouse remains controlled but in order to relieve some pressure we ask that the pump and haul permit be revised to allow up to 80,000 gallons per day be hauled to the Hunter Creek pump station for conveyance to the French Creek WWTP. If you need any further information please contact me. Tim Webb Utilities and Planning Superintendent Onslow Water and Sewer Authority 228 Georgetown Road Jacksonville, NC 28540 Tel: 910-937-7509 Fax: 910-455-5607 www.onwasa.com E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties WASTEWATER SALES AGREEMENT Addendum i RECITALS WHEREAS, the Parties entered into this Agreement on February 17, 2004. WHEREAS, paragraph 2(d) of this Agreement indicates that delivery point(s) will be at connection point(s) between Authority Utility Facilities and Government Utility Facilities. WHEREAS, paragraph 2(a) of this Agreement states that "Government Utility Facilities" include all Government sanitary sewage lines, pipes, lift or pump stations, force mains, and other related facilities located upon the real property of the Government, except as provided for in the Agreement, required to supply sewage transport, disposal, and treatment services to the Authority, including the Camp Lejeune Advanced Wastewater Treatment Plant. WHEREAS, paragraph 2(b)(xvi) of this Agreement states that "Authority Utility Facilities" include all facilities, improvements, or fixtures, installed or constructed by the Authority pursuant to this Agreement, including sanitary sewage lines, pipes, lift or pump stations, force mains, and other related facilities, including those located upon the real property owned or controlled by the Government. WHEREAS, paragraph 2(a) of this Agreement states that the Government shall use its best efforts to provide, in accordance with 10 U.S.C. § 2686, sanitary sewage disposal and treatment services for wastewater effluent generated by the Authority, its local member governments, and/or their customers, and discharged by the Authority to Government Utility Facilities. WHEREAS, paragraph 2(d) of this Agreement states that the Authority is responsible for construction, maintenance, and repair of all connections between Authority Utility Facilities and Government Utility Facilities. WHEREAS, paragraph 2(d) of this Agreement states that connections between Authority Utility Facilities and Government Utility Facilities are subject to evaluation and approval by the Government, which shall not be unnecessarily withheld or conditioned. M WHEREAS, paragraph 2(d) of the Agreement states that the Parties shall agree to an addendum to this Agreement applicable to each connection point. The addendum will apportion wastewater effluent flow among connection points to ensure the Authority's wastewater effluent flow complies with the terms and conditions of this Agreement. WHEREAS, paragraph 2(k) of this Agreement states that, upon mutual agreement of the Parties, this Agreement may be modified in writing by appending such mutually agreed upon modifications as an addendum to this Agreement. WHEREAS, Government remains committed to using its best efforts to provide sanitary sewage disposal and treatment services to the Authority in accordance with the terms and conditions of the Agreement, provided such services remain in the public interest. THEREFORE, the Parties agree as follows: 1. CONNECTION POINT (a) Project Description (1) Background. The Government operates a series of interconnected pump stations along the collection system leading to the Camp Lejeune Advanced Wastewater Treatment Plant. These interconnected pump stations include facilities at Tarawa Terrace; Marine Corps Air Station, New River; Camp Johnson; Camp Geiger; U.S. Route 17; and the Rifle Range. (2) Connection Point Project (A) Subject to analysis under regulations implementing the National Environmental Policy Act and the State Environmental Policy Act, the Parties agree that the Authority shall construct, own and operate a force main (minimum 20 -inch diameter) and route it south from the Piney Green Pump Station (constructed, owned, and operated by the Authority) to the Camp Lejeune Advanced Wastewater Treatment Plant. (B) The Authority will not exceed the Phase I limit of 2 million gpd of monthly average daily 2 flow delivered to the Camp Lejeune Advanced Wastewater Treatment Plant. (3) Project Map. The project map is attached as an enclosure to this Addendum and is incorporated by reference. The final project description will be substantially the same as the project description depicted in the map, subject to deminimis design and construction changes which may be required by existing utilities infrastructure and construction projects, planned or in progress; and, unforeseen soil and terrain conditions. (b) Construction and Costs (1) In addition to the terms and conditions of this Agreement, the Authority agrees to fund all design, permitting, construction and construction -related costs necessary to complete the proposed connection point project described immediately above. (2) The Government agrees to make adjustments and improvements to the Camp Lejeune Advanced Wastewater Treatment Plant, as necessary, to accept and treat up to 2 million gpd of average monthly flow from the Authority's force main. Pursuant to paragraph 2(d) of this Agreement, the Authority shall reimburse the Government for the cost in constructing new or improving existing Government Utility Facilities necessary to complete the connection point. (c) Coordination. The Parties shall coordinate proposed connection point planning and the operation of Government Utility Facilities and Authority Utility Facilities. In this regard, the Authority shall confer with the Government during State Environmental Policy Act decision-making and the preparation of any environmental planning document. The Authority shall also: (1) prepare any environmental planning document to assess impacts to the human environment under the National Environmental Policy Act and other Federal environmental planning requirements (e.g., Executive Orders, regulations); and (2) release any connection point final environmental planning document to the Government. 3 (d) Property Interest. Pursuant to paragraph 2(c)(ii) of this Agreement, the Government shall give the Authority a utility easement or other real property interest so that the Authority may connect to the Camp Lejeune Advanced Wastewater Treatment Plant and maintain reasonable access to Authority Utility Facilities. The Authority's consideration for the property interest shall be payment(s) of the fair market value of the real property interest conveyed. The Authority shall also reimburse the Government for reasonable costs (including administrative costs) incurred in transferring the property interest. FOR THE PARTIES: Draft 7 � � For the Government: Robert C. Dickerson Major General Marine Corps Base, Camp Lejeune Drat -.L...... .- _� For the Authority: Marvin Trott Chairman Onslow Water and Sewer Authority 4 Date: -.Sr .� ; o o' j, Date: ' 'r- eJ 5 JAWKS t PINEY GREEN PS New R1 ver ' �� FORCE MAIN ROUTE McBCL ed GENCH RE=EK WW FORCEMAIN ROUTE FROM THE PROPOSED Prepared By: PINEY GREEN PUMP STATION PINEY GREEN SERVICE AREA ONSLOW WATER AND SEWER AUTHORITY ARCADIS MAP NOT TO SCALE WASTEWATER SALES RGREEMM Addendum YI RECITALS WHEREAS, the Parties entered into this Agreement on February 17, 2004. MmrmAS, paragraph 2(b)(xv) of this Agreement requires that the Authority connect to the Government Utility Facilities within five (5) years of the date on which this Agreement takes effect. WHEREAS, paragraph 2(k) of this Agreement states that, upon mutual agreement of the Parties, this Agreement may be modified in writing by appending such mutually agreed upon modifications as an addendum to this Agreement. THEREFORE, the Parties agree as follows: 1. CONNECTION TO GOVERNMENT UTILITY FACILITIES (a) Time Extension, The Parties agree to extend, by two (2) years, the time within which the Authority must connect to the Government Utility Facilities pursuant to paragraph (2)(b)(xv) of this Agreement. The Authority must now connect to the Government Utility Facilities within seven (7) years from the date that this Agreement takes effect. FOR THE PARTIES: Date: ! �"""`- .07 For the Gover en Marine Corps Base, Camp Lejeune Date: S-! /-47 For the Authority: Marvin Trott Chairman Onslow Water and Sewer Authority APPROVED AS TO FO BY: Date: illiam 0. J. L h WASTEWATER SALES AGREEMENT ADDENDUM III . RECITALS WHEREAS, the Parties entered into the Wastewater Sales Agreement on February 17, 2004 (hereinafter referred to as the "Agreement) and has heretofore executed 2 addendums to the Agreement; WHEREAS, the Agreement provides for a Phase 1 Volumetric Flow Limit of 2 mgd and permits the Authority to submit a written request to the Government Representative for an increase in the Volumetric Flow Limit; WHEREAS, on April 24, 2006, the Authority has requested in writing that the Government increase the Volumetric Flow Limit to the Phase 2 level of 3.5 mgd; WHEREAS, at the time of execution of the Agreement, the Authority had determined to design its facilities to utilize the Phase 1 Volumetric Flow Limit of 2 mgd; WHEREAS, since the execution of the Agreement, the Authority had identified additional needs which, through good business practice, requires that the Authority design its utility facilities to utilize the Phase 2 Volumetric Flow Limit of 3.5 mgd; WHEREAS, the potential users of additional capacity provided by the Phase 2 Volumetric Flow Limit include, but are not limited to, the City of Jacksonville (1 mgd), the Town of Swansboro (1 mgd), Hunters Creek (about 900 residential connections), other incorporated areas of Piney Green, and substantially more interest for sewer capacity from developers; WHEREAS, the cost of designing the Authority's facilities to utilize the Phase 2 Volumetric Flow Limit is substantial and the Authority has determined that it would be potentially wasteful to so design its facilities unless it is assured that the Phase 2 Volumetric Flow Limit is available; WHEREAS, as required by paragraph 2 (e) and Exhibit A of the Agreement, the Government has determined that the Phase 2 volumetric flow capacity of 3.5 mgd is available, that such service is not available to the Authority from another local source, that the sale of such service is in the public interest, such additional service shall comply with all applicable federal, state and local laws and regulations pertaining thereto and that the Authority is fully in compliance with the terms and conditions of the Agreement. NOW, THEREFORE, the parties agree as follows: PROVISION OF UTILITY SERVICES (a) Description. The Government shall from the effective date of this addendum provide the Authority 3.5 million gallons per day of sanitary sewage disposal and treatment services for wastewater affluent. Connection to the Government system shall be in accordance with the provisions noted in Addendum II to the Wastewater Sales Agreement. (b) Effective Date. This addendum shall become effective on the date of its full execution by both parties hereto. FOR THE PARTIES: For the Government: Marine Corps Base, Camp Lejeune For the Author' y. Marvin Trott Chairman Onslow Water and Sewer Authority Date: IeZ Date: 5' Jl4a 1 APPROVED AS TO FORM BY: Date: William O. J Lyndfi