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HomeMy WebLinkAbout20061203 Ver 2_401 Application_20100310WESTERN WAKE PARTNERS o, - iafl3 ua. April 30, 2010 sPAID Ms. Cyndi Karoly ' NC Division of Water Quality Wetlands and Stormwater Branch Supervisor 1650 Mail Service Center Raleigh, NC 27699-1650 iJAY ? 2010 1871 Y, THE TOWN OF HOlly Springs NORTH CAROLINA DENR - WATER QUAUiY WETLANDS AND STORM WAYR VOW Subject: Western Wake Regional Wastewater Management Facilities 401 Application Dear Ms. Karoly: On behalf of the Towns of Apex, Cary, Holly Springs and Morrisville, I have enclosed five copies of the 404 Individual Permit application for the proposed Western Wake Regional Wastewater Management Facilities project and a check for $570 to process the application for a 401 Water Quality Certification. The Town of Cary serves as the lead agency for the Partners. Please note that the enclosed application includes the following infrastructure: • West Cary Pump Station (WCPS) expansion • West Cary Force Main (Influent Pipeline)- West Cary Pump Station to West Reedy Branch Gravity Sewer • West Reedy Branch Gravity Sewer (Influent Pipeline) - West Cary Force Main to Beaver Creek Pump Station • Western Wake Beaver Creek Gravity Sewer (Influent Pipeline) - Richardson Rd. to Beaver Creek Pump Station • Beaver Creek Pump Station (BCPS) • Beaver Creek Force Main (Influent Pipeline) - Beaver Creek Pump Station to Western Wake WRF • Western Wake WRF • Water and Electric Utility Lines to the WRF Site • Effluent Pump Station located on WRF site, Force Main, and Outfall There are four additional projects related to the facilities listed above that were reviewed as part of the Final Environmental Impact Statement (EIS) for the Western Wake Regional Wastewater Management Facility (December 2009). The four projects include the Apex Beaver Creek Gravity Sewer, Cary Green Level Force Force Main and Gravity Sewer, Cary Indian Creek Force Main and WESTERN WAKE PARTNERS 400 James Jackson Avenue *Cary, NC 27513•PO Box 8005-Cary, NC 27512-8005 westernwakepartners. org Ms. Cyndi Karoly Page 2 April 30, 2010 Gravity Sewer, and Holly Springs Effluent Force Main. Each of these four related projects will be permitted independently by the U.S. Army Corps of Engineers and have not been included as part of this permit application. Our understanding is that the December 2009 FEIS will be cited when application is made for these additional four permits. Per your conversation with Ruth Swanek, CH2M HILL's project manager, we understand that the Division of Water Quality (DWQ) cannot consider this application until the Record of Decision (ROD) is issued by the US Army Corps of Engineers (USAGE) for the FEIS that was developed under the National Environmental Policy Act. We further understand that DWQ's regulatory clock will not start until the ROD is issued. Based on comments received from the USAGE, we anticipate that this is the final form of the application. If you have any questions, please contact Ruth Swanek at 919-760-1775 or by email at ruth.swanek@ch2m.com or Adam Sharpe at 919-760-1772 or by email at adam.sharve@ch2m.com. Sincerely, 1.1y ~ Stephen J. Brow , PE Director of Public Works and Utilities Town of Cary cc: Henry Wicker/ USACE Western Wake Regional Wastewater Management Facilities @c F0 MAY ; ZOYO DENR • WATER OUALIiY WETLANDS AND STOR.%". RATER WA.NCH US Army Corp of Engineers Section 404 Individual Permit Package December 2009 CH2M HILL 3201 Beechleaf Court Suite 300 C H 2 M H I LL Raleigh, NC 27604 Tel 919.875.4311 Fax 919.875.8491 December 21, 2009 Henry Wicker United States Army Corp of Engineers 69 Darlington Avenue Wilmington, NC 28402-1890 Dear Mr. Wicker: Enclosed please find two signed copies of the Western Wake Regional Wastewater Management Facility - Section 404 Individual Permit Application Package. The proposed project as described in the permit application includes only the following infrastructure: • West Cary Pump Station (WCPS) expansion • West Cary Force Main (Influent Pipeline)- West Cary Pump Station to West Reedy Branch Gravity Sewer • West Reedy Branch Gravity Sewer (Influent Pipeline) - West Cary Force Main to Beaver Creek Pump Station • • Western Wake Beaver Creek Gravity Sewer (Influent Pipeline) - Richardson Rd. to Beaver Creek Pump Station • Beaver Creek Pump Station (BCPS) • Beaver Creek Force Main (Influent Pipeline) - Beaver Creek Pump Station to Western Wake WRF • Western Wake WRF • Water and Electric Utility Lines to the WRF Site • Effluent Pump Station located on WRF site, Force Main, and Outfall There are four projects related to the facilities listed above that were presented as part of the Final Environmental Impact Statement (EIS) for the Western Wake Regional Wastewater Management Facility (December 2009). The four projects include the Apex Beaver Creek Gravity Sewer, Cary Green Level Force Main and Gravity Sewer, Cary Indian Creek Force Main and Gravity Sewer, and Holly Springs Effluent Force Main. Each of these four related projects will be permitted independently and have not been included as part of this permit application. Per the letter from the Western Wake Partners, following this cover letter, there have been changes to the original permit application package submitted in March 2009. This permit application submittal supersedes that application previously submitted. There were no changes in jurisdictional boundaries as field verified by US Army Corp of Engineers representatives; the presentation of the delineation data, refinement of the impact analysis • and additional preliminary jurisdictional determination forms are the basis for the updates to the original permit package. If you have any questions please feel free to contact me at (919)-760-1775 or by e-mail at • ruth.swanek@ch2m.com or Adam Sharpe at (919)-760-1772 or by e-mail at adam.sharpe@ch2m.com. Sincerely, Ruth Swanek Project Manager • is WESTE?T 10. WAKE PART?TERS December. 21, 2009 . ...Henry Nicker United States, Army Corp of Engineers 69 Darlington Avenue Wilmington; NC 28402-1890. Dear Mr. Wicker: jk PP This, letter is being transmitted with'the December 2009 Western Wake Regional W e astewater, Managem nt Fa6lities.Section 404 Individual Permit?ackage to . ? ! Isla document the updates that have been, made in this version of the permt,applieation O package as compared to the previously submitted NTarch 2009 permrf,package: The u t i f d t th i n ovid d h h 20 i . es n p a o e. ormat o .pr e in t e Marc 09 perm t application are rimaril result of the further refi e to r e t i h nt di l p y a nem nts t oj c e p compone s, nc u ng an ? A increase in avoidance and.minimizaton of stream and. wetland impacts, and the availability of additional jurisdictional informationfor the',.roiect components: Updates to the signed preliminary jurisdictional determinations did not change any RIM C of the. US Army:Corp.of Engineers (USA.CE) 'field verified jurisdictional boundaries; these changes are primarily centered on the presentation bf the jurisdictional , information .in the signed.preliminary-JD's. The updates to the information,. presented in the March 2009 version of the permit application are as follows: • In the March 2009 permit application the Transmission Infrastructure preliminary jurisdictional determinati on (jD} maps (Appendix D) had no depiction of permanent impacts.for stream crossings; this was not an accurate depiction as there will; be a permanentlO-foot wide rip-rap ford crossing,for many, of the streams.' No boundary updates to the USACE field verified. 'tom rO4vNoF ' jurisdictional streams presented in the approved preliminaryjD inaps occurred. H6.11 - S rin s • Addition. of 2 preliminary JD fbrms.that were'not ni the original perintt l t o h W ' g ica app i n, t e estern Wake Beaver Creek Gravity Sewer. and the Beaver -110 R. T n c-A R o L J NA Creek Pump Station. These can now be found in Appendix D. In addition the Effluent Force Main Preliminary, JD has been expanded, to include the., outfall structure to the Cape Fear River, which. was not,induded in the March 2009 signed preliminary JD.. J? . g gnmen The Beaver Creek Force Main had a chap a in aIi t due. to the fact that the original identified pipeline; route passed through a parcel that now has a. home constructed on it. The change of alignment was minor to avoid this parcel; but. = ?o ? ?? E, xhibit 7 in the Beaver Creek: Force Main preliminary JD has been updated A n prFr ?`?? ' ; ppe ( dix D) as compared to the March 2009 forms: WESTERN WAKE PARTNERS 400 James Jackson Avenue -Cary, NC 27513.06 Box 8005•Cary, NC 27512-8005 westernw8kepartners.org. In at effort to reduce total irr kts-(temporary and permanent) to streams and wetlands; tlie. Western Wake Project Partners made a decision to only allow, .40. oot easement width for all stream and wetland crossings ;Therefore the total impact fio streams and wetlands is . reduced.and the preluninary JD .forms and maps for the Transmission Lirieinfrastructiire has been updated based. on:this smaller easement width This change in easement width resulted-in na`changes to: the USACE field verified jurisdictional boundaries As this project has.progressed and detailed.design for the'Iransmission Line Infrastructure has proceeded,.opportunities to avoid or minimize impacts to streams..and wetlands have' been identified. For. example, the use of .existing, roads or right of-ways. directly adjacent "to individual crossings was taken into consideration for access to pipelines. This: consideration of preferential access to the pipeline has reduced the permanent impacts to wetlands and streams. Individual opportunities to avoid and minimize impacts for-each crossing are. identified in Appendix D,:Tables D-1 and D-2. . In the Transmission Line Infrastructure-preliminary )Ds there were 2 instances of data oniissions..These-data omission identified jurisdictional boundaries.that?were smaller than what was field verified by the ;USAGE. The data omissions.have been corrected and, the jurisdictional boundaries presented in the preliminary JD znap included iri the_aitaChed. December 2009 permit application. are-correct as field verified by the USAC$ The: updates MW. on the data :omissions include the following: Q Beaver Creek Force Main Preliminary JD Exhibit 7, Wetland Area 14 (Appendix D) o West Reedy Branch Gravity Sewer Preliminary'JD Exhibit 8, Stream Impact Area '5 {Appendzx • . Within the December 2009 Final Environmental Impact Statement water and electric utility lines to the Western-Wake WRF site were'included, and these lines were determined 'to ortil y have temporary stream and wetland impacts based on their placement within ar adjacent to existing right-of-ways and that there is no need for permanent access at any crossing These lines have been included as part of the.peeember 2009 permit applicati on an. a d.'escnption can be found in the Permit Application -Additional Block Information-:section of,the attached December 2009 permit application package. Our goal of this letter was to provide -you.with a summary of all. updates to the permit application package; including the signed preliminary JDs. The updates. to the preliminary JD's did not change the USACE verified iurisdictional boundaries, just the presentation of the jurisdictional, information within the preliminary JD maps.. Some of the changes listed above have reduced the total'wetland and.stream impacts{permanent and temporary).presented in Table 2 of the Permit Application - Additional Block Information section.of the attached December 2009 permit application. Sincerely, Stephen J. _rown. Director of Publ Works and Utilities Town of Cary. WESTERN WAKE PARTNERS 400 James Jackson Avenue *Cary, NC 27513*PO Box 8005•Cary, NC westernwak epartneis,o rg Section 404 Individual Permit Submittal Cover Sheet 1. Project Name: Western Wake Regional Wastewater Management Facility 2. Name of Property Owner: Western Wake Partners 3. Point of Contact: Town of Cary, Steve Brown 4. Related/Previous Action ID Number: 200520555 5. Site Address: Multiple Locations in Western Wake County 6. Site Coordinates: Multiple Locations in Western Wake County 7. County: Wake/ Chatham 8. Quadrangle Name: New Hill, NC & Greenlevel, NC 9. Watershed: Tordan Lake, Shearon Harris Lake and the Cape Fear River 10. Requested Action: Individual Permit 0 • Western Wake Regional Wastewater Management Facilities US Army Corp of Engineers Section 404 Individual Permit Application Package • 0 December 2009 • This page has been intentionally left blank. .'7 0 Table of Contents Individual Permit Application Permit Application - Additional Block Information Block 5, Block 6, Block 13, Block 16, Block 18, Block 22, Block 24 Figures Figure 1 - Proposed Project Facilities Figure 2 - Proposed Project Facilities Included in 404 Application Figure 3 - Proposed WRF Site - Existing Conditions Figure 4 - Proposed Project WRF Site Layout Figure 5 - Access Road Crossing Figure 6 - West Cary Pump Station Site Layout Figure 7 - Beaver Creek Pump Station Site Layout Figure 8 - Influent Pipelines - Existing Conditions Figure 9 - Effluent Force Main Pipeline - Existing Conditions Figure 10 - Proposed WRF Site Water and Electric - Existing Conditions Figure 11- Typical Wetland and Stream Trench Section Figure 12 - Permanent Ford Type Stream Crossing Appendices Appendix A: Interlocal Agreement for Regional Wastewater Management Facilities Appendix B: WRF Site Jurisdictional Determination Map Appendix C: Road Access to WRF Site - Preliminary Jurisdictional Determination Package Appendix D: Transmission Infrastructure -Wetland and Stream Impact Summary Tables and Preliminary Jurisdictional Determination Forms Appendix E: Addresses for Adjoining Property Owners Appendix F: Information Required By NCDWQ for a 401 Water Quality Certification • 3 • This page has been intentionally left blank. E 0 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003 (33 CFR 325) Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and -mpleting and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of irmation, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information aerations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application. for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NO 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED 5. APPLICANT'S NAME Western Wake Regional WW Management 6. APPLICANT'S ADDRESS Steve Brown/Town of Cary 420 James Jackson Ave, Cary, NC 27513 REA a. Residence b. Business 919-469-4092 8. AUTHORIZED AGENT'S NAME AND TITLE Ian anent is not reauiredJ 9. AGENT'S ADDRESS 10. AGENT'S PHONE f a. Residence b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Iseeinstructions: Western Wake Regional Wastewater Management Facilities 13. NAME OF WATERBODY. IF KNOWN tit-oii-hti Multiple Crossings, Attached 15_. I.QGQTtQR QF Fm4F-QT Wake / Chatham NC 14. PROJECT STREET ADDRESS on 'uL7 V N/A pp" Ili IAAY 3 Zp?p COUNTY STATE I WEru?O WATER AND ICH 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions) See Attached 17. DIRECTIONS TO THE SITE Tater Reclamation Facility (WRF) Site - See Figure 1,2,3,10; From US 1, turn North on New ill Holleman Road (Exit 89); turn left on Old US 1. Pass church, site on left. *Transmission Lines - See Figure 8 & 9 18. Nature of Activity (Oescrlptlon of project, lncludo sll fc luros) See Attached 19. Project Purpose (Describe the reason or purpose of the project, see instiuerlow) See Attached USE; BLOCKS IF DREDGED AN I D OR FILL AERIAL 15-TO DISCHARQNQ 20. Reasonis) for Discharge Facilitate the construction of the WRF, associated transmission lines, and outfall structure. 21. Typets) of Material Beinp Dlscharcied and the Amount of Each Tvoe in Cubic Yards Soil/Amount of discharged material is not quantifiable at this time. 22. Surface Area in Acres of Wetlands or Other Waters Filled rseetisrrucrto sl Total impacts: Permanent Wetland impacts- 0.82 acres Permanent Stream impacts- 378 linear ft. See Attached Description 23. Is Any Portion of the Work Already Complete? Yes No " IF YES. DESCRIBE THE COMPLETE 173 WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). Attached 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application, AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED `Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information In this app" ti is coarpnd accurate. I further certify that i possess the authority to undertake the work described herein or am acting as the u puu ,li+ y u v? c uNN11Gan[. 22 ?e?, Zco? SIG TUBE pPLICANT DATE SIGNATURE OF AGENT DATE The application mu be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duty authorized agent If the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or Imprisoned not more than flue years or both. Permit Application - Additional Block Information Block 5: Applicant's Name Western Wake Regional Wastewater Management Facilities Project Partners ("Project Partners") Includes: Towns of Apex, Cary, Holly Springs, and Morrisville Block 6: Applicant's Address The Town of Cary is the point of contact for this project and their contact information will be the only one included with the permit application. The interlocal agreement (ILA) between the towns for this project has been included in Appendix A. The ILA identifies the Town of Cary as lead agency for the Project Partners. Block 13: Name of Waterbody The following is a list of named bodies of water that will be affected by the Western Wake Regional Water Reclamation Facility (WRF) and associated transmission lines: 1) White Oak Creek 2) Beaver Creek 3) Little Beaver Creek 4) Thomas Creek 5) Reedy Branch 6) Cape Fear River **The remainder of streams within the project area are unnamed tributaries. • Block 16: Other Location Descriptions Table 1 shows the NAD 1983 NC State Plane FIPS 3200 coordinates for the pump stations, the WRF, and the outfall associated with this project. TABLE 1 Western Wake Wastewater Management Facility Locations Longitude (Degrees, Latitude (Degrees Longitude Latitude Site Minutes, , Minutes, (Decimal (Decimal Seconds) Seconds) Degrees) Degrees) West Cary PS 35°46'35" N 78°54'38" W 35.7764 N -78.9105 W Beaver Creek PS 35°43'12" N 78°56'17" W 35.7172 N -78.9380 W WRF 35°40'18" N 78°56'34" W 35.6717 N -78.9427 W Outfall 35°42'28" N 78°59'12" W 35.5410 N -78.9866 W 7 Block 18: Nature of Activity The proposed action is to build a regional wastewater system that includes the construction of influent conveyance facilities, a single WRF, and effluent conveyance facilities in western Wake County and Chatham County, North Carolina to serve the Towns of Apex, Cary, and Morrisville and RTP South. The proposed WRF site is north of US 1 and just south of Old US 1 between New Hill-Holleman and Shearon Harris Roads. The WRY would be constructed in two phases to a proposed treatment capacity of 30-million gallons per day (mgd) and a discharge capacity of 38-mgd. The discharge point will be located on the Cape Fear River downstream of Buckhorn Dam in Chatham County. The Town of Holly Springs Utley Creek Wastewater Treatment Plant (WWTP) has received a Finding of No Significant Impact to expand to 6 mgd and will share the 38-mgd outfall to the Cape Fear River. The proposed project includes the following infrastructure as illustrated on Figure 1 and 2: • West Cary Pump Station (WCPS) expansion • West Cary Force Main (Influent Pipeline) - West Cary Pump Station to West Reedy Branch Gravity Sewer • West Reedy Branch Gravity Sewer (Influent Pipeline) - West Cary Force Main to Beaver Creek Pump Station • Western Wake Beaver Creek Gravity Sewer (Influent Pipeline) - Richardson Rd. to Beaver Creek Pump Station • Beaver Creek Pump Station (BCPS) • Beaver Creek Force Main (Influent Pipeline) - Beaver Creek Pump Station to the Western Wake WRF Site • Western Wake WRF • Water and Electric Utility Lines to the Western Wake WRF Site • Effluent Pump Station located on WRF site, Force Main, and Outfall It should be noted that this permit application only applies to the infrastructure elements listed above and shown in Figure 2. The water and electric utility lines are shown on Figure 10. In addition, there are four projects related to the facilities listed above. It should be noted that the Western Wake WRF proposed project facilities outlined above, would be functional without the following lines from Apex, Cary and Holly Springs. • Apex Beaver Creek Gravity Sewer • Cary Green Level Force Main and Gravity Sewer • Cary Indian Creek Force Main and Gravity Sewer • Holly Springs Effluent Force Main - Utley Creek WWTP to the Western Wake WRF Effluent Pump Station 0 The connection of the related projects to the Western Wake WRF facilities is depicted on Figure 1. The Apex and Cary sewer line projects are not included as part of this application and will be permitted independently in the future depending on the capacity needs for these lines. The Holly Springs effluent line is being permitted in parallel to this project, but is being done so independently by the Town of Holly Springs. The following provides a general description of the wastewater flows through the Western Wake Regional Wastewater Management Facilities. Wastewater flows from Cary, Morrisville, and the Wake County portion of Research Triangle Park (RTP South) will enter into the system at the West Cary Pump Station (PS). Wastewater flow from Apex will enter the system along the alignment of the West Reedy Branch Gravity Sewer and at the Beaver Creek PS. Wastewater flow from Holly Springs will enter into the system at the Effluent PS located at the Western Wake WRF. The combined effluent from the Partners will be discharged to the Cape Fear River downstream of Buckhorn Dam. Figure 1 illustrates the location of the proposed Western Wake WRF and supporting infrastructure. Block 19: Project Purpose The purpose of the proposed action is to provide the foundation for regional wastewater service capacity to meet existing and forecasted demand in the project service area. The regional wastewater service will also be consistent with the North Carolina Environmental Management Commissions (NC EMC) mandate in the Partner's interbasin transfer (IBT) certificate to return water to the Haw or Cape Fear River Basin after 2010 and the Town of Holly Springs' commitment to remove its National Pollutant Discharge Elimination System (NPDES) discharge from Utley Creek. The need for the proposed action is to provide wastewater treatment capacity for the projected population growth and the associated increase in land development in western Wake County. The population of the wastewater service area of the Towns of Apex, Cary, Morrisville, and Holly Springs will be approximately 432,250 in 2030. The required maximum monthly wastewater capacity for the towns will be approximately 62 million gallons per day (mgd) - approximately 24 mgd of treated wastewater effluent would be discharged at existing NPDES permitted outfalls, and approximately 38 mgd would be pumped, conveyed, treated and discharged by the Western Wake Regional Wastewater Management Facilities. Block 22: Surface Area in Acres of Wetlands or Other Waters Filled As a result of the construction activities related to the Western Wake Regional Wastewater Management Facilities there will be temporary and permanent impacts to wetlands and streams as summarized in Table 2. The total permanent impact of the proposed project is 378 of linear feet (10 of stream (232 if of perennial and 1461f intermittent) and 0.82 acres of wetlands. The total temporary impact of the proposed project is 1,8161f of stream (1,014 If of perennial and 8021f of intermittent) and 2.95 acres of wetlands. Most of these impacts are along the influent transmission lines. Information on the methods to calculate the impacts are described in following sections. 0 TABLE 2 Temporary and Permanent Stream and Wetland Impacts within the Western Wake Proposed Project Area Type Temporary Impact Permanent Impact Total Impacts Wetland 0 ac 0 ac 0 ac Western Wake Perennial Stream 0 If 0 If 0 If WRF Intermittent Stream 0 If 0 If 0 If Wetland 0.25 ac 0 ac 0.25 ac Water and Electric Perennial Stream 24 If 0 If 24 If Utility Lines Intermittent Stream 196 If 0 If 196 If Wetland 0 ac 0 ac 0 ac West Cary PS Perennial Stream 0 If 0 If 0 If Intermittent Stream 0 If 0 If 0 If Wetland 0 ac 0 ac 0 ac Beaver Creek PS Perennial Stream 0 If 0 If 0 If Intermittent Stream 40 If 0 If 40 If Wetland 2.34 ac 0.74 ac 3.08 ac Influent Wastewater Perennial Stream 592 If 150 If 742 If Pipelines Intermittent Stream 356 If 83 If 439 If 0 Wetland 0.36 ac 0.08 ac 0.44 ac Effluent Force Main/ Perennial Stream 398 If 82 If 480 If Outfall Intermittent Stream 210 If 63 If 273 If Wetland 2.95 ac 0.82 ac 3.77 ac Total Perennial Stream 1,014 If 232 If 1,246 If Intermittent Stream 802 If 146 If 948 If Data Source: Final EIS for the Western Wake Regional Wastewater Management Facility, 2009 ac=acre; If = linear foot Note: Wetland and Stream impact evaluations were performed using GIS analysis for proposed infrastructure and field data collected during wetland delineation efforts, excluding the water and electric utility lines. ""Numbers may not add due to rounding. The impacts outlined in Table 2 are for the proposed project infrastructure only, as described in Block 18 and depicted in Figure 2. Table 3 presents the impacts for the proposed project infrastructure that are included in this permit application as they compare to total stream and wetland impacts for each of the four related projects, described in Block 18, and the total impacts for the proposed project as they appear in the Final EIS for the Western Wake Regional Wastewater Management Facility (2009). • 10 TABLE 3 Temporary and Permanent Stream and Wetland Impacts presented by each sub-element consistent with the 2009 Final EIS for the Western Wake Regional Wastewater Ma nagement Facility. Bold items are included as part of this permit application. Type Temporary Impact Permanent Impact Total Impacts Western Wake Wetland 2.95 ac 0.82 ac 3.77 ac Proposed Project Stream 1,816 If 378 If 2,194 If Apex Beaver Creek Wetland 6.75 2.25 9.00 Gravity Sewer Stream 423 122 545 Cary Green Level Wetland 0.20 0.10 0.30 Force Main Stream 87 46 133 Cary Indian Creek Wetland 0.16 0.08 0.24 Force Main Stream 138 67 205 Cary Green Level Wetland 5.17 2.60 7.77 and Indian Creek Gravity Sewer Stream 1,229 738 1,967 Holly Springs Wetland 0.01 0.01 0.02 Effluent Force Main Stream 131 35 166 Wetland Total 15.24 5.86 21.10 Stream 3,823 1,387 5,210 a Data Source: Final EIS for the Western Wake Regional Wastewater Management Facility, 2009 ac=acre; If = linear foot Note: For the Western Wake Proposed Proj ect the wetland and stream impact evaluation was performed using GIS analysis for proposed infrastructure and field data collected during wetland delineation efforts, excluding the water and electric utility lines. "Numbers may not add due to rounding. WRF Site Impacts Wetlands were delineated at the WRF site in accordance with the USACE 1987 Wetlands Delineation Manual. The jurisdictional determination (JD) was completed by the USACE on September 26th, 2005 (Action ID: 200520555); the JD map signed by the USACE can be found in Appendix B. Existing conditions of the WRF site can be found in Figure 3. The final site layout has been determined and was used to determine wetland and stream impacts, as seen in Figure 4. The site layout of proposed project WRF site has been developed to avoid impacts to wetland areas; Figure 4 shows the locations of surveyed wetlands on the site and the potential disturbance limits. As shown on Table 2, site development of the WRF site is expected to avoid impacts to all jurisdictional wetlands. Several of these wetlands are within the perimeter's 200-foot buffer. The buffer, which has been designed to reduce visual and noise impacts from the site, will also protect environmental resources that occur in these areas. It is anticipated that the buffer will not be developed, except to allow access to the site for roads, utilities, and transmission lines. A wetland delineation in accordance with the USACE 1987 Wetlands Delineation Manual was also completed in April 2007 for the parcel to be used for access to the WRF site. This parcel is adjacent to Shearon Harris Rd. and is depicted on the site locator map in Appendix C. The delineation data forms package sent to the USACE before the wetland boundary verification visit and the preliminary jurisdictional determination form can be found in Appendix C. During each of the wetland delineations the USACE Stream Quality Assessment Worksheet and the North Carolina Department of Water Quality (DWQ) Stream Identification Form was completed for all stream crossings. All perennial and intermittent stream crossings were evaluated with both stream assessment forms. The WRF entrance road off of Shearon Harris Road crosses two perennial streams and two intermittent streams. These streams will be crossed with open bottom culverts to avoid impacts to them. A schematic of a typical bridge crossing for this project is illustrated in Figure 5. The WRF site construction layout will avoid all other perennial and intermittent streams as shown on Figure 4. By using open bottom culverts and avoiding stream areas on the site, no direct impacts to streams will occur from construction and operation of the WRF. Water and Electric Utility Lines Water and electric utility lines will be constructed and routed to the WRF site as identified on Figure 10. These planned utility lines will not result in any permanent impacts to wetlands or streams. Estimates of temporary stream and wetland impacts were based on a GIS analysis of digital data including hydric soils and National Wetland Inventory data. Digital data was used due to the fact that there will be no permanent wetland or stream impacts related to the construction of the water or electric utility, as they will be constructed within or adjacent to existing ROW's and no permanent access across wetlands or streams will be required. West Cary PS The West Cary PS was previously permitted to provide the Town of Cary with needed service. The Project Partners do not anticipate having to expand the footprint of the West Cary PS site as a part of this project. As shown in Table 2, there are no stream or wetland impacts at the West Cary PS. Figure 6 shows the West Cary PS site layout. Beaver Creek PS The footprint of the Beaver Creek PS has been sited to avoid wetland impacts. Wetland and stream delineation were completed at the same time as the pipelines, and followed the same methodology as the WRF site delineations. There are 40 linear feet of intermittent stream on the Beaver Creek PS site that are within the temporary disturbance area, depicted on Figure 7. No permanent stream impacts are expected to occur at the Beaver Creek PS. The preliminary jurisdictional determination forms for the Beaver Creek PS have been included in Appendix D with the other transmission infrastructure. Transmission Infrastructure A wetland delineation in accordance with the USACE 1987 Wetlands Delineation Manual for all of the transmission pipelines related to the Western Wake Regional Wastewater 12 Management Facilities, as outlined in Block 18, was completed in 2007. All wetlands and streams were evaluated using the same methods as the WRF site, impacts to wetland and streams were determined based on a total pipeline easement width of 40 feet, and a permanent access corridor of 10 feet. The preliminary jurisdictional determination forms can be found in Appendix D. Appendix D also contains two summary tables identifying all permanent and temporary stream and wetland impacts related to the transmission infrastructure. Most of the pipelines for the proposed project will be installed adjacent to existing ROWS (roads, existing natural gas and electricity utility corridors). Therefore impacts to wetland areas as a direct result of constructing influent wastewater force mains and effluent force mains (which include the discharge/outfall structure and pipeline to the diffuser) will be minimized. Each individual crossing has been evaluated for avoidance and minimization of impact to streams and wetlands, such as removing the need for a permanent access by utilizing roadways or ROWS adjacent to individual streams or wetlands. These special considerations for avoiding and minimizing permanent impacts have been noted in Table D-1 and D-2 in Appendix D. The influent pipelines will impact 3.08 acres (ac) of wetland (2.34 ac temporarily and 0.74 ac permanently). The effluent pipelines will impact 0.44 acres of wetland (0.36 ac temporarily and 0.08 ac permanently). Impacts to wetlands were estimated based on delineation data collected in 2007. Existing conditions for the influent and effluent pipelines are displayed on Figure 8 and 9, respectively. The influent pipelines will permanently impact 233 linear feet of stream (150 if of perennial and 831f of intermittent). They will temporarily impact 948 linear feet of stream (5921f of perennial and 3561f of intermittent). The effluent force main will permanently impact 145 linear feet of stream (821f of perennial and 631f of intermittent) and temporarily impact 608 linear feet of stream (3981f of perennial and 2101f of intermittent). Mitigation Avoidance and Minimization WRF Site: The WRF site layout (Figure 4) has been designed to avoid impacts to wetland and streams. Large areas of high quality wetlands (as observed during wetlands delineation) that exist on the WRF site will be avoided as a result of the limits of the permanent disturbance area (Figure 4). The 200 ft buffer area around the perimeter of the site has also been designed to reduce visual and noise impacts from the site, but will have added value as protecting environmental resources that occur in these areas. It is anticipated that these areas will not be developed, except to allow access to the site for roads, utilities and transmission lines. The Project Partners plan on utilizing trenchless technology for the influent and effluent pipelines that enter and exit the WRF site; therefore, avoiding any stream impacts from these lines within the WRF site boundary. In addition to the site layout and trenchless technology the utilization of open bottom culverts for the four necessary stream crossings for the roadway entering the site further reduces any potential for direct impacts to wetlands and streams from the construction or operation of the WRF. 0 13 Water and Electric Utility Lines: The water and electric utility lines to the proposed Western Wake WRF site would be installed within or adjacent to existing road ROWs. No permanent access to the utility lines will be required across any stream or wetland, see Figure 10. Temporarily impacted stream banks and wetland areas will be restored to preconstruction contours. West Cary PS: The West Cary PS site layout avoids all wetlands and streams resulting in no direct impacts. See Figure 6. Beaver Creek PS: The Beaver Creek PS site layout avoids all wetlands and streams resulting in no direct impacts. See Figure 7. Transmission Infrastructure: A majority of the transmission lines for the proposed project will be installed adjacent to existing ROW. Therefore impacts to wetland areas as a direct result of constructing influent wastewater force mains and effluent force mains will be minimized. Some of the influent wastewater pipelines are gravity sewers that will be installed within wetland areas. Wetlands will be temporarily impacted at these crossings, but wetland soils would be restored and revegetated upon construction completion. At stream and wetland crossings the vegetation may be permanently altered from forested to herbaceous or scrub-shrub cover. Special considerations for individual stream and wetland crossings to avoid or minimize permanent impacts along the transmission infrastructure alignment, as described in the previous section, have been noted in Table D-1 and D-2 in Appendix D. The Project Partners are also including design and construction techniques to minimize impacts to stream and wetlands at the transmission line crossings. All transmission lines will cross each stream at approximately a 90-degree angle to enhance stability of the line and reduce erosion. Stream crossings are considered high priority lines and would be inspected at least every six months in accordance with a State issued wastewater collection system permit. A typical stream crossing will have a minimum depth below the bed of the stream of 36 inches or greater depending on the crossing methodology used and the geotechnical analysis of the stream bed. All streams will be crossed following methods outlined in NC DWQ General Certification Conditions GC3625. These efforts include the use of silt fencing and temporary sediment traps. These plans will be detailed in the required Sediment and Erosion Control Plan submitted to NC Division of Land Resources (DLR). The Project Partners will use trenchless technology where practicable. Trenchless technology is currently being considered at two stream crossings: White Oak Creek, and Beaver Creek (Figure 2). These crossings are known to be perennial and have high water quality and value for wildlife use. The evaluation for trenchless technology will consist of several factors including, but not limited to, USACE stream quality score, stream geomorphology, cost, engineering requirements, substrate material, and impacts to instream fauna. When trenchless technology will not be utilized or is not practicable, appropriate BMPs will be in place following guidance from Nationwide Permit 12 on utility line crossings of 14 streams. A typical stream and wetland crossing is shown in Figure 11. Following construction of stream crossings existing topography will be restored and the areas replanted with native vegetation. Water quality will be protected at stream locations by the installation of filter fabric beneath any riprap at stream crossings. These impacts will be temporary and will be minimized with proper control techniques. Permanent stream impacts will have ford type stream crossings as seen in Figure 12. Compensatory Mitigation The proposed project will permanently impact approximately 0.8 acres of wetland and 378 linear feet of stream. The Project Partners are proposing to use the NC Ecosystem Enhancement Program (EEP) in-lieu fee program for all mitigation requirements. The Project Partner's compensatory mitigation plan is documented in the Mitigation Plan for the Proposed Western Wake Wastewater Management Facility Technical Memorandum included as an appendix to the Final EIS for the Western Wake Regional Wastewater Management Facility, 2009. Block 24: Addresses of Adjoining Property Owners The addresses of all property owners that own parcels that are adjacent to all stream and wetland crossings within the project area can be found in Appendix E. 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(? °o o \\ 0°° m o \\ .07p0 0 XIp °°° \ 1:,? \ o p ° ° II""""'YI O ° o z ° o C) °0 4 W V) 00. 00 °° t °0° 80 0 o O 0 0 Q0 B 0 0 00 0 0 ?0! N O Z 0 Appendix A Interlocal Agreement for Regional Wastewater Management Facilities • 0 -pw05-0031-00 0 0 NORTH CAROLINA WAKE COUNTY 1NTERLOCAL AGREEMENT FOR REGIONAL WASTEWATER MANAGEMENT FACILITIES LAND ACQUISITION AND PRELIMINARY WORK This INTERLOCAL AGREEMENT is dated as of M -2*3 12004, (original or as supplemented or amended, referred to herein as the "Agreement"), and is among the towns of APEX ("Apex"); CARY ("Cary); HOLLY SPRINGS ("Holly Springs"); MORRISVILLE ("Morrisville"), all of the above being municipal corporations and public bodies politic of the State of North Carolina (herein sometimes collectively referred to as the Municipal Parties); and WAKE COUNTY (the "County"), a body politic and a political subdivision of the State of North Carolina. RECITALS WHEREAS, the parties to this Agreement previously were parties to an Interlocal Agreement for Regional Wastewater Treatment Study (the "Interlocal Study Agreement") dated as of May 1, 2002, regarding the identification of regional solutions to the wastewater capacity needs of the parties to the year 2030; and WHEREAS, the Interlocal Study Agreement contemplated that there would be further collaboration between some or all of the parties to work together toward a regional wastewater project, which is further described below (the Project); and WHEREAS, as a result of Interlocal Study Agreement the parties to this Agreement have identified a preferred wastewater management solution which requires the construction of regional raw wastewater pumping and conveyance facilities; a regional water reclamation facility; a regional biosolids management facility, and an effluent pumping and conveyance system (collectively referred to as the Regional Wastewater Management Facilities or the "Project"); and WHEREAS, as a result of Interlocal Study Agreement, the parties have initiated preliminary site investigations and preliminary permitting activities for the preferred wastewater Interlocal Agreement for Regional Wastewater Management Facilities i -1- management solution; and WHEREAS, the parties desire to apply to the North Carolina Construction Grants and Loan Section of the Division of Water Quality to a obtain low-interest construction loan to fund a portion of the construction of the Project; and WHEREAS, the parties are required to prepare an Environmental Impact Statement and a 201 Facilities Plan in order to obtain the NPDES permit for the regional water reclamation facility and the low-interest construction loan to construct the Regional Wastewater Management Facilities, respectively; and WHEREAS, the parties desire to obtain a low-interest planning loan from the North Carolina Construction Grants and Loan Section of the Division of Water Quality to prepare the Environmental Impact Statement, the 201 Facilities Plan, NPDES permit application, and Construction Documents; and WHEREAS, the.parties desire to acquire land upon which the Regional Wastewater Management Facilities will be constructed; and WHEREAS, Holly Springs seeks to join this agreement for the purpose of participating in the land acquisition and Preliminary Work which are integral to securing an NPDES discharge permit, and the remaining parties consent to allow this limited participation; and WHEREAS, the parties desire to enter into this Agreement, pursuant to statutory authority authorizing interlocal agreements N.C.G.S. § 160A-460 to 464, in order to pursue the above stated goals. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I DEFINITIONS: RULES OF CONSTRUCTION 1.01. Definitions. For all purposes of this Agreement, unless the context requires otherwise, the following terms shall have the following meanings: 201 Facilities Plan: An engineering document prepared by the Municipal Parties to plan and define the wastewater facilities to be constructed. The 201 Facilities Plan, and the Environmental Impact Statement, will be submitted to the North Carolina Division of Water Interlocal Agreement for Regional Wastewater Management Facilities -2- • ti Quality Construction Grants and Loan Section as part of the low-interest construction loan application. As an engineering document, the 201 Facilities Plan must be signed and sealed by a professional engineer licensed to practice in North Carolina. Business Day: Any day that is not a Saturday or Sunday, or a day on which banks in the State are required by law to be closed. Clean Water State Revolving Fund (SRF): A low-interest loan funding source made available to North Carolina local governments for the purpose of constructing wastewater facilities. Eighty percent of the money in the fund is provided by the U.S. Congress and the remaining 20 percent is provided by the North Carolina General Assembly. The interest rate for the loan is based on 50 percent of the Bond Buyers 20 Bond Index as of March 1st of each year, and the term is established at 20 years. To secure a loan it is necessary to prepare a 201 Facilities Plan and receive approval for the loan from the Local Government Commission. The interest rate can never be greater than 4 percent. Construction Documents: The graphic and written information prepared or assembled by a registered professional engineer, for communicating the design intent and administering the Project during construction. Environmental Impact Statement: An environmental document prepared by the local governments to identify the environmental impacts associated with the Project and the mitigation measures that will be implemented to minimize the impacts. The requirements associated with the preparation of the document are defined in North Carolina General Statute § 113A-4(2). Municipal Parties: The Town of Apex, the Town of Cary, the Town of Holly Springs, and the Town of Morrisville. NPDES Permit: The National Pollutant Discharge Elimination System (NPDES) program is a federally mandated, nationwide system for permitting pollutant discharges into receiving streams. The local governments will submit an application to the State of North Carolina to obtain a new NPDES Permit that will allow for a new municipal wastewater discharge to the Cape Fear River. North Carolina Division of Water Quality Construction Grants and Loan Section (CG&L Section): The state agency delegated to administer to the North Carolina Clean Water State Revolving Fund Program. Preliminary Work: The tasks to be completed under this agreement, exclusive of land acquisition, which are 1) preparation of an EIS and 201 Facilities Plan, including preliminary engineering; 2) preparation of interlocal agreements necessary to accomplish final design and construction and specifying how the facilities will be owned and operated; 3) preparation of loan application documents for the CG&L Section; and 4) preparation of an NPDES discharge permit application and supporting documents. Interlocal Agreement for Regional Wastewater Management Facilities 0 -3- Record of Decision: A document prepared by NC DENR staff to serve as a concise public record of the decision pertaining to the Environmental Impact Statement. The Record of Decision will include the following information: (a) Statement discussing the project and the decision made; (b) Identification of all alternatives considered, specifying the most environmentally preferable; (c) Discussion justifying the chosen alternative; and (d) Certification that all methods of avoiding or minimizing environmental impacts contained in the EIS will be implemented, or the reasons why not. Once the record of decision has been issued, the local governments can proceed with submitting an NPDES permit application to the Division of Water Quality and the low-interest construction loan application to the Construction Grants and Loan Section. Regional Wastewater Management Facilities: Regional raw wastewater pumping and conveyance facilities; a regional water reclamation facility; a regional Siosolids management facility, and an effluent pumping and conveyance system. Technical Advisory Committee: A committee of one senior staff member from each of the Municipal Parties that shall be responsible for managing and coordinating the legal, financial, technical, regulatory, and other work to be completed under this Agreement. The Town of Cary Public Works and Utilities Director, or designee, will chair the Technical Advisory Committee. The Town Manager from each of the other Municipal Parties shall submit a letter to the Chair of Technical Advisory Committee identifying the senior staff member, and designated alternates, that shall serve as the Municipal Party representatives on the Technical Advisory Committee. 1.02. Rules of Construction. Unless the context otherwise indicates: (a) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders as well. (b) All references to Articles, Sections, or Exhibits are references to Articles, Sections, or Exhibits of this Agreement. (c) All references to a "party" or the "parties" are to the parties to this Agreement. (d) All references to "officers" are references to officers of the parties to this Agreement. lnterlocal Agreement for Regional Wastewater Management Facilities -4- i I ?I ti • (e) The headings herein are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. ARTICLE II LAND ACQUISITION 2.01. Purpose. Wake County has agreed to provide a loan for up to $11 million for the acquisition of land upon which regional pumping stations and a regional water reclamation facility and biosolids management facility will be constructed. If the costs for the land acquisition requested by the Municipal Parties exceed or are less than $11 million, then each Municipal Party shall provide a pro rata proportion of the actual funding required for completing the land acquisition. The pro rata proportion of additional costs required from each Municipal Party, or of cost savings, shall be in accordance with the cost distribution presented in Attachment A. Thg purpose of this Article of the Agreement is to set forth the terms and conditions pursuani to which the Municipal Parties will collaborate with Wake County to purchase the parcel or parcels of land that the Municipal Parties identify for the construction of regional pumping stations and the regional water reclamation facility and biosolids management facility. 2.02. Parcel Identification. In order for land to be acquired for the water reclamation facility pursuant to the Agreement, the Municipal Parties must unanimously agree on the sites to i be acquired. In order for land to be acquired for the raw water pump station facilities pursuant to the Agreement, the Towns of Apex, Cary and Morrisville must unanimously agree on the sites to be acquired. Once unanimous agreement among the appropriate Municipal Parties is reached, the Municipal Parties will submit a letter to Wake County identifying the parcels to be acquired for the Project. The letter will indicate that the appropriate Municipal Parties are unanimous in the selection of the identified parcels, and request Wake County to initiate activities associated with acquiring the parcels. The information and data associated with the parcels to be acquired by Wake County will be delivered to Wake County within ninety (90) calendar days of the date of this Agreement. The Municipal Parties may elect to purchase or finance one or more parcels separately from the County and, if so, will notify the County in writing, indicating unanimous consent by the appropriate Municipal Parties as described above, within ninety (90) calendar days of the execution of this agreement. 2.03. Purchase. The parties agree that the County will purchase the parcels on behalf of the Municipal Parties. The County will make best efforts to make said purchase(s) on or before June 30, 2006. Title shall be obtained (except in the case of eminent domain actions) by fee Interlocal Agreement for Regional Wastewater Management Facilities -5- simple general warranty deed, free and clear of all liens and exceptions, except as agreed to in Ole writing by the Municipal Parties. Prior to any closing the County shall conduct appropriate environmental examinations of the parcels and shall, by certified mail, provide Municipal Parties with written results of those examinations. Unless, within 15 business days of such mailing, Municipal Parties object, in writing delivered to County by certified mail, to the (findings of environmental reports, the Municipal Parties will be deemed to have accepted those findings and consented to the purchase of the parcel(s). All contracts for the purchase of parcels shall contain a condition allowing the County, in its sole discretion, to terminate the contract if any environmental problems are identified by an environmental examination. 2.04. Eminent Domain. In the event that any of the parcels must be acquired by the exercise of the power of eminent domain, the County will make best efforts to institute such an action in its name on behalf of the Municipal Parties no later than June 30, 2006. The parties agree that if, in the opinion of the County Attorney, it is necessary that any or all of the Municipal Parties become named parties in any eminent domain action, then the Municipal Parties will participate in that action as named parties. 2.05 Payment. Subject to the limitations expressed in paragraph 2.01, the County will fund land acquisition costs incurred in connection with the purchase of the identified parcels including, but not limited to, the purchase price, legal fees, appraisals, surveys, site examinations, court costs associated with eminent domain proceedings, if necessary, all environmental due diligence analyses, bond issuance costs and accrued interest (hereinafter referred to as the "Land Acquisition Costs"). In the event the County decides, in its sole discretion, to finance the Land Acquisition Costs, it will use its best efforts to finance the Land Acquisition Costs over a period of twenty (20) years and will use its best efforts to structure such financing with level debt service payments. Before the County enters any financing arrangement that requires a mortgage or other lien on the land, the County will provide the Municipal Parties an opportunity to review the financing documents and will use its best efforts to resolve any concerns raised in a timely manner by the Municipal Parties related to the effect of such mortgage or lien on the Municipal Parties' future financings for the Project. 2.06 Title. Title to the parcels shall be in the name of the County until such time as the County is repaid all costs as provided in Section 5.01. If title is obtained pursuant to an eminent domain action in which parties other than the County are named condemners, the parties agree that, upon vesting of title or completion of the eminent domain action, at the County's sole discretion, the parties will transfer title to the County. Upon full repayment, or at such time as the County otherwise, in its sole discretion, elects, title to the parcels shall be transferred to the Municipal Parties or, if the Municipal Parties unanimously subsequently agree, to an operating entity or entities as established by further agreements of the parties. Municipal Parties agree that they will accept title to the parcels or will require that any operating entity or entities will, at such Interlocal Agreement for Regional Wastewater Management Facilities -6- i time as the County elects, accept transfer of title by the County by a deed of at least equal rank as the deed received by County for the parcel. In the event title does not pass to the Municipal Parties or an operating entity prior to such time as the parities need access to the parcels for surveys, tests and design work' "or for construction and operation of Regional Wastewater Management Facilities, then the County shall enter into a long-term lease with the Municipal Parties containing mutually satisfactory terms that allows the Municipal Parties to enter onto, occupy and use the parcels for the purposes for which they were acquired including the design, construction and operation of the Regional Wastewater Management Facilities. In such lease, the Municipal Parties shall agree to indemnify and hold harmless the County from any personal injury, property damage or loss of any kind which may occur as a result of the use of the parcels by the Municipal Parties or their operating entity pursuant to said lease. Any such lease shall be recorded in the Registry of Deeds of Wake County. In the event the County transfers title prior to the repayment of all Municipal Parties obligations pursuant to section 5.01 of this Agreement, Municipal Parties agree that they will execute any documents not inconsistent with State law, reasonably required by the County to secure payment of those obligations. To the extent the Municipal Parties become owners of the parcels as tenants-in-common, the Municipal Parties hereby waive all rights of partition of the subject property. The Municipal Parties in any future agreement regarding the subject property shall include a waiver of all rights of partition. Furthermore, notice of such waiver of right of partition shall be filed in the Registry of Deeds of Wake County after the subject property has been transferred to the Municipal Parties. 2.07. Records. The County shall keep complete records of all costs associated with acquisition of the parcels, and shall make such records available for inspection at reasonable times by any Municipal Party. ARTICLE III PLANNING AND ENGINEERING 3.01 Purpose. The Preliminary Work to be accomplished under this Article of the Agreement is for the purpose of producing the following work products: (a) The analysis, document(s) and interlocal agreement(s) related to organizational, institutional, and financial development of the Regional Wastewater Management Facilities, as needed to proceed to the next step of final design and construction of the Regional Wastewater Management Facilities. Interlocal Agreement for Regional Wastewater Management Facilities -7- (b) A Preliminary Engineering Report providing the detail necessary to support loan applications and environmental documentation for the Regional Wastewater Management Facilities. (c) A 201 Facilities Plan that meets the requirements for obtaining CG&L Section loan funding for construction of a portion of the Regional Wastewater Management Facilities. (d) An Environmental Impact Statement for the Regional Wastewater Management Facilities as required by the State, and such supporting documents and meetings as required for obtaining a favorable Record of Decision for the NPDES Permit. (e) A loan application to the CG&L Section for the planning and engineering work. (Q An NPDES permit application to the State. This agreement does not include final design, engineering or construction of the Regional Wastewater Management Facilities. 3.02. Lead Agency. For the Preliminary Work to be accomplished under this Agreement, the Town of Cary will serve as the lead agency. As such, the Town of Cary will apply for, receive, and repay loan funds received from the State; solicit proposals from, and contract with and pay service providers to perform the work; collect payments from Municipal Parties to the agreement; and apply for an NPDES permit from the State. The Town of Cary shall serve as an agent to pay service providers' invoices for Work, but shall only be legally obligated for its pro rata share of such costs as set forth in Attachment A. Each of the parties shall indemnify and contribute the pro rata share of such costs as each party's pro rata share is defined in Attachment A. Decisions material to the Project with respect to the Preliminary Work shall be made by the Technical Advisory Committee. Each Municipal Party shall designate one representative who shall have one (1) vote each on all matters coming before the committee for consideration. The vote of a simple majority of all Municipal Parties to this Agreement shall be the required vote for taking any action. In the case of a tie vote, the votes will be weighted according to the pro rata cost shares for the Preliminary Work, as shown in Attachment A. 3.03 Technical Advisory Committee Responsibilities. The responsibilities of the Technical Advisory Committee will include, but not necessarily be limited to, the following: (a) Determining the scope of work for the Preliminary Work efforts to be completed under this Agreement; Interlocal Agreement for Regional Wastewater Management Facilities -g- 0 S (b) Developing requests for proposals for the work; (c) Reviewing and analyzing proposals submitted by service providers, and selecting service providers; (d) Advising the Town of Cary as to which service provider(s) is selected to perform all or portions of the work; (e) Assuring that all information pertinent to the work is conveyed to service providers in an expeditious manner; (Q Receiving and reviewing regular progress reports on the work; (g) Closely reviewing periodic draft documents provided by service providers; (h) Generally overseeing the conduct of the work; (i) Meeting periodically (minimum monthly), with such meetings to be called by the' chair of the Technical Advisory Committee or by request of any other member of the Committee. 3.04 Funding. The Town of Cary shall, on behalf of the Municipal Parties, apply for funds from the CG&L Section for a Planning Loan. The proceeds from the Planning Loan will be used to prepare the Preliminary Engineering Report, Environmental Impact Statement and 201 Facilities Plan, obtain an NPDES permit for the regional water reclamation facility, and apply for a low-interest construction loan from the CG&L Section and prepare a portion of the construction documents for the Regional Wastewater Management Facilities. Each of the Municipal Parties shall approve the CG&L application prior to submission by the Town of Cary to the State of North Carolina. Approvals shall be made within 14 business days of delivery of the application to the Municipal Parties. Approval of the CG&L loan application shall not be unreasonably withheld by any of the Municipal Parties. 3.05 Contracts. Promptly after approval of funding by the CG&L Section, the Town of Cary shall, on behalf of the Municipal Parties, enter into contracts for preparing the Preliminary Engineering Report, Environmental Impact Statement, 201 Facilities Plan, obtaining an NPDES permit, and applying for a low-interest construction loan. Each of these contracts is subject to the approval of each Municipal Party. If the combined cost of the contracts exceeds funds received by the Town of Cary from the CG&L Section, then each Municipal Party shall provide a pro rata share of the additional costs in accordance with the cost distributions presented Attachment A. Interlocal Agreement for Regional Wastewater Management Facilities -9- Each of the Municipal Parties shall execute and provide the Town of Cary with such • writings, instruments and documents as are needed to evidence to third parties the interests and obligations contemplated herein. 3.06. Ownership of Work Product. Except as provided in Section 3.07; all of the work resulting from this Work shall be owned jointly and severally by each of the Municipal Parties to this Agreement. Any additional work contracted for by one or more of the Municipal Parties to this Agreement as specified in Section 3.07 shall be owned exclusively by the local government(s) which contracted for each item of additional work. Every Municipal Party shall receive directly from each service provider a copy of all correspondence, documents, preliminary reports, and final reports and this shall be stated as a requirement in each contract with a service provider. Each Municipal Party may use all such work in any manner it deems appropriate, either in collaboration with all other Municipal Parties, some of the other Municipal Parties, or alone. 3.07. Individual Change Orders/Addenda. The Municipal Parties, through their representatives on the Technical Advisory Committee, shall agree to a scope of work that shall be common to, serve the interests of, and be the property of all parties. If, however, there is particular work which one or more parties desire to have done, which is not agreed to by a unanimous vote of the Technical Advisory Committee that party or parties may add such work to the contract by way of a request to the Town of Cary, or independently through the consultant. The additional work shall be requested in a letter to the Town of Cary, and the letter must specify the scope and cost of the additional work, and include a commitment to pay the full cost thereof. Any party or parties requesting such additional work shall be solely responsible for the costs of such work; and the work product from such additional work shall be the sole property of the entity or entities contracting for such additional work. Invoices for such additional work shall be included as separate tasks in the invoices sent to the Town of Cary by the service provider for the work, and the invoices shall be sent by the Town of Cary to the other Municipal Parties. The invoices will be transmitted to and paid by the party or parties requesting the work as described in Section 5.03. ARTICLE IV NPDES PERMIT Once the Record of Decision has been issued by the North Carolina Department of Environment and Natural Resources (NC DENR) for the Environmental Impact Statement and 201 Facilities Plan, the Town of Cary shall, on behalf of all the Municipal Parties apply for a National Pollutant Discharge Elimination System ("NPDES") Permit. Each of the Municipal Parties shall approve the NPDES Permit Application prior to submission by the Town of Cary to Interlocal Agreement for Regional Wastewater Management Facilities -10- the State of North Carolina. The determination of which Municipal Party shall be named as a permittee for purposes of the NPDES permit application, or whether it is a combination of the Municipal Parties or a later-formed entity shall be determined by the parties at a later date, however no Municipal Party shall compel or prohibit another from becoming a named permittee on any permit contemplated under this Article. Approvals shall be made withinT4 business days of submission of the application to the Municipal Parties. Approval of the NPDES permit application shall not be unreasonably withheld by any of the Municipal Parties. ARTICLE V PAYMENT 5.01 Repayment to County. The Municipal Parties agree to repay to the County all Land Acquisition Costs as defined in Section 2.05. Upon completion of the acquisition of the parcels, the County shall provide each Municipal Party a payment schedule based on the actual cost and the pro rata proportions shown in Attachment A. If the County finances the Land Acquisition Costs, such payments shall coincide with the County's debt service payments for the financing. If eminent domain is used to acquire the site, acquisition for purpose of this section shall be deemed to occur upon vesting of title. Payments shall be due as provided on the payment schedule. The repayment to the County shall be in the pro rata proportions shown in Attachment A. In the event a payment is not received by the County within ten (10) business days of the scheduled payment date, a late fee shall be assessed at the rate of ten percent (10%) per annum for each day thereafter. In the event the County pays the Land Acquisition Costs with available funds rather than financing such costs, then, in addition to the Land Acquisition Costs defined in Section 2.05, each Municipal Party shall reimburse the County its pro rata proportion (in accordance with Schedule A) of the lost earnings on the funds used for the Land Acquisition Costs at the monthly earnings rate these funds would have received if they had been invested with the North Carolina Capital Trust. This amount will be included in the payment schedule provided to each Municipal Party. The payment schedule shall provide for level payments over a twenty (20) year term. 5.02. Planning Loan Repayment. The Municipal Parties agree to repay to the CG&L Section (through the Town of Cary) all loan amounts used exclusively to fund the preparation of the Environmental Impact Statement, 201 Facilities Plan, Preliminary Engineering Report, the NPDES permit application, and CG&L construction loan application. The repayment obligation for each Municipal Party shall be in accordance with the requirements of the SRF Program and shall be in the pro rata proportions shown in Attachment A. The first loan payment for the CG&L loan is anticipated to be required in November 2007. Subsequent loan payments to the CG&L Section will be due each May and November of every year thereafter for approximately twenty Interlocal Agreement for Regional Wastewater Management Facilities -11- (20) years. The Town of Cary will send each Municipal Party a report showing each party's pro rata share of the payments. Each party shall pay to the Town of Cary its pro rata share by the date the payment to the State is due. 5.03. Payment for Work Not Included in the State Loan. For invoicdT for services not included in the State loan or services performed for a Municipal Party under Section 3.07 above, the Town of Cary will send to each Municipal Party on a monthly basis a report of each invoice paid by the Town of Cary during the month with a calculation showing each party's pro rata share. Municipal Parties agree to pay all such invoices within thirty (30) calendar days. ARTICLE VI JOR,ENG INTERLOCAL AGREEMENT The parties agree that other local governments may be allowed to join in this effort and become a party to this Agreement, when the entry of such other local governments will further this effort to establish the most effective Project. Any local government seeking to be allowed to participate in this effort, and to be a party to this Agreement, shall be subject to the unanimous approval of the then existing Municipal Parties. Upon the admission of another local government to this Agreement, the pro rata proportions shall be revised to reflect the addition of a new local government to the Agreement. Once the pro rata proportions have been revised, the new local government will be required to pay its pro rata proportion of all costs incurred by the existing local governments for land acquisition, permitting professional services, and other costs incurred by the Municipal Parties to this Agreement. Upon receipt of payments for its pro rata proportion of land acquisition, professional services, and other costs as stipulated herein, the Agreement shall be amended as necessary to allow for such party to participate. ARTICLE VII FURTHER COLLABORATION 7.01 Principles of Participation in Project. The Municipal Parties agree that additional interlocal agreements between some or all of the Municipal Parties shall be executed to establish the methods for final design, construction, operation, and maintenance, and to provide additional funding required for the Project, and that those agreements shall adhere firmly to the following principles: (a) All of the Municipal Parties shall work cooperatively to reach a mutual agreement as to the portion of the capacity of the Regional Wastewater Management Facilities that will be allocated to each party's use. Interlocal Agreement for Regional Wastewater Management Facilities -12- S (b) All Municipal Parties agree that there will be no refund of costs incurred under this Agreement to any parties who elect not to participate in final design and construction of the Regional Wastewater Management Facilities. (c) All Municipal Parties agree to be bound by the payment obligations incurred herein for land acquisition costs and Preliminary Work costs, and to appropriate funds as necessary in futures years to pay those obligations as prescribed in this Agreement. (d) Each Municipal Party will, consistent with the best interests of its citizens, undertake to support and further any future collaboration effort, and not to damage unreasonably the prospects for regional cooperation. (e) All Municipal Parties agree that intergovernmental cooperation for the Project must result in improved efficiency and high quality service for all parties. (f) All Municipal Parties agree that the organization and management plan for the Regional Wastewater Management Facilities must.. be efficient, effective and result in a reasonable unit cost of service. (g) All Municipal Parties agree that water reclamation and reuse should be pursued by i all local governments for improved environmental protection and water resource management; (h) Each Municipal Party commits in principle to practice responsible growth management, as determined in the sole discretion of the governing board of each party. (i) Each Municipal Party commits to implementing mitigation measures, as identified through the EIS process, in the sole discretion of the governing board of each party, to minimize the environmental impacts identified for the Project. (j) No Municipal Party shall be required to adopt or adhere to caps on growth, except as may be approved by the governing board of that party. (k) No Municipal Party shall be required to adopt or adhere to any planning, zoning, or land use requirements within its jurisdiction, except as may be approved by the governing board of that party in its sole discretion, or as otherwise required by law. , (1) All Municipal Parties agree that Holly Springs' intention is to participate in the lnterlocal Agreement for Regional Wastewater Management Facilities -13- Project in order to discharge treated effluent to the Cape Fear River. Holly • Springs does not anticipate participating in use of the water reclamation facility for wastewater treatment. 7.02 Organizational, Institutional, and Financial Development. Towirsof Cary shall, on behalf of the Municipal Parties, enter into contracts with service providers for analysis and documentation needed for the development of the interlocal agreement(s) necessary to accomplish final design, construction; ownership, operation and maintenance of the Regional Wastewater Management Facilities. The Town of Cary shall provide all Municipal Parties with copies of correspondence, work product, or any and all other documents relating to the contracts. Each of these contracts is subject to the approval of each Municipal Party. The Town of Cary shall serve as the agent to pay service providers' invoices for Work, but shall only be legally obligated for its pro rata share of such costs as set forth in Attachment A. Each of the parties shall indemnify and contribute the pro rata share of such costs as each party's pro rata share is defined in Attachment A. Upon receipt of an invoice from a service provider, the Town of Cary shall immediately send such invoice to each Municipal Party, along with a calculation showing each Municipal Party's pro rata share. Each Municipal Party shall pay its pro rata share to the Town of Cary within thirty (30) calendar days of its receipt of the invoice from the Town of Cary. ARTICLE VIII TERMINATION OF AGREEMENT This Agreement shall continue until all payment obligations hereunder are satisfied, or until it is replaced by a subsequent agreement, whichever occurs first. The payment obligations of the Municipal Parties are limited to the Land Acquisition and Preliminary Work as specified in Exhibit A. The Municipal Parties are not obligated under this Agreement to pay any portion of any final design or construction work that may be undertaken by all or some of the Municipal Parties under separate agreement. ARTICLE IX NATURE OF OBLIGATION OF THE PARTIES No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of a party to this Agreement within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as delegating governmental powers nor as a donation or a lending of the credit of any party to this Agreement within the meaning of the State Constitution. However, to the extent allowed by State law, the parties agree to be bound by all payment obligations incurred herein and to appropriate in future Interlocal Agreement for Regional Wastewater Management Facilities -14- ?i ARTICLE X MISCELLANEOUS years sufficient monies to pay those obligations. No provision of this Agreement shall be construed to pledge or to create a lien on a class or source of any party's moneys, nor shall any provision of the Agreement restrict to any extent prohibited by law any action or right of action on the part of any future governing body of a party to this Agreement. To the extent of any conflict between this Article and any other provision of this Agreement, this Article shall take priority. It is the intention of the parties to be bound hereby to the full extent of law provided by Part 1, Article 20, Chapter 160A of the North Carolina General Statutes. 10.01. Governing Law. The parties intend that this Agreement shall be governed by State law. 10.02 Notices. a) Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement. ti b) Any communication shall be sufficiently given and deemed given when delivered by hand or five calendar days after being mailed by first-class certified mail, postage prepaid, and addressed as follows: (1) If to Apex: Manager, Town of Apex Re: Notice Under Interlocal Agreement for Regional Wastewater Management Facilities Post Office Box 250 Apex, NC 27502-0250 (2) If to Cary: Manager, Town of Cary Re: Notice Under Interlocal Agreement for Regional Wastewater Management Facilities Post Office Box 8005 Cary, NC 27512-8005 (3) If to Holly Springs: Manager, Town of Holly Springs Re: Notice Under Interlocal Agreement for Regional Wastewater Management Facilities Post Office Box 8 I" Interlocal Agreement for Regional Wastewater Management Facilities -15- Holly Springs, NC 27540 (4) If to Morrisville: Manager, Town of Morrisville Re: Notice Under Interlocal Agreement for Regional Wastewater Management Facilities Post Office Box 166 Morrisville, NC 27560-0166 (5) If to Wake: County Manager, County of Wake Re: Notice Under Interlocal Agreement for Regional Wastewater Management Facilities Post Office Box 550 Raleigh, NC 26702-0550 c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other parties. 10.03. Non-Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next Business Day. 10.04. Severability. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. 10.05. Entire Agreement; Amendments. This Agreement constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by all the parties. 10.06. Binding Effect. Subject to the specific provisions of this Agreement, Us Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 10.07. Time. Time is of the essence in this Agreement and each and all of its provisions. 10.08. Liability of Officers and Agents. No officer, agent or employee of any party shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. Interlocal Agreement for Regional Wastewater Management Facilities -16- N i • 10.09. Counterparts. This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. [The rest of this page has been left blank intentionally.] 4 Interlocal Agreement for Regional Wastewater Management Facilities 9 -17- IN WITNESS WHEREOF, pursuant to resolution adopted by the governing board of each party as required by N.C.G.S. § 160A-461, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. TOWN OF APEX, NORTH CAROLINA This instrument has been preauditedjn the manner required by the Local Government Budget and Fiscal Control Act. B Mayor Finance Officer, Town of Apex TOWN OF CARY, NORTH CAROLINA This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control ct. , f _ - By. CA) A-2 9 1 A ':e Town Manager Finance Officer, Town of Cary TOWN HOLLY SP G ORTH CAROLINA This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. By: Town Manager Finance Officer, Town of Holly Springs TO OF O VILLE CAROLINA This instrument has been preaudited in the manner W?/ required by the Local Government Budget and Fiscal By: Control Act. Town Manager ca ILIA n . V- Q ck ufty-j Finance Officer, Town of Morrisville COUNTY OF WAKE, NORTH CAROLINA This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. By: Chairman, County Board of Conunissioners Finance Director, County of Wake Interlocal Agreement for Regional Wastewater Management Facilities -19- • ATTACHMENTS Attachment A Pro rata Shares Repayment Obligations • Interlocal Agreement for Regional Wastewater Management Facilities 0 -19- ATTACHMENT A Pro rata Cost Shares All Municipal Parties agree to be bound by the payment obligations incurred herein for loans provided for land acquisition and Preliminary Work. Each Municipal Party to this Agreement shall pay its pro rata cost share of the obligations incurred herein based on the cost distributions shown in Table A-1. Each Municipal Party agrees to appropriate funds as necessary to repay its pro rata cost share of the incurred obligations in accordance with the terms and conditions prescribed in this Agreement for each obligation. Table A-1 Pro rata Costs Shares Municipal Party Capacity Allocation Pro rata Cost Share Pro rata Cost Share for for 2030 for Land Preliminary Work Apex 8.90 29.68% 29.24% Cary 15.22 50.76% 50.00%. Holly Springs 4.00 11.83% 13.14% Morrisville 2.32 7.74% 7.62% Total 30.44 100.00%0 100.00%. NOTES: Holly Springs' pro rata share of the land cost is based on their pro rata capacity share (13.14%) of the portion of the land costs attributed to the water reclamation facility (90%). The pro rata share of land cost for the other Municipal Parties is based on their pro rata capacity share of 90% of the land cost plus their pro rata capacity share, not including Holly Springs, of the remaining 10% of the land cost which is for raw water pump station sites. Repayment Obligations Table A-2 presents the estimates for the repayment obligations that will be incurred for this Agreement, based on applying the pro rata costs shares in Table A-1 to the total estimated costs. The estimated costs shown for each Municipal Party represent the sum of the estimated payments required to satisfy each of the identified obligations. Estimated payments for the land acquisition and the CG&L Loan are based on 20-year loan terms at 3 percent interest rate. Actual payment • • Interlocal Agreement for Regional Wastewater Management Facilities -20- requirements are subject to change pending negotiation of service provider agreements, land acquisition costs, and execution of loan documents with final interest rate and terms. The actual cost to each Municipal Party will be their pro rata share, based on Table A-1, of the actual costs incurred for Land Acquisition and Preliminary Work, whether that cost is more or less than the anticipated cost in Table A-2. Table A-2 Estimated Repayment Obligations Preliminary Work Land Acquisition Organizational, Planning and Total Anticipated Municipal (Based on $11.0M Institutional, Engineering Expenditures Party Loan from County) Financial ($1.5M Loan from FY2005-FY2027 Development CG&L) Apex $4,389,000 $175,000 $590,000 $5,154,000 Cary $7,506,000 $300,000 $1,008,000 $8,814,000 Holly Springs $1,749,000 $79,000 $265,000 $2,093,000 Morrisville $1,144,000 $46,000 $154,000 $1,344,000 Total $14,788,000 $600,000 $2,017,000 $17,405,000 Interlocal Agreement for Regional Wastewater Management Facilities -21- FILE D E P A R T M E N T ...... CONTRACT ADMINISTRATOR . ADMINISTRATOR'S PHONE CONTRACT NAME ........... CONTRACTOR'S NAME ....... CONTRACT EXPIRATION DATE: TYPE: 4 1=SERVICE 2=EQUIPMENT 3=CONSTRUCTION 4=AGREEMENT 5=REIMBURSEMENT CONTRACT CONTROL FORM TOWN OF CARY CCN: PW 5-002-01 PW LEILA GOODWIN 3846 REGIONAL WW MGMT FACILITIES LAND AND PERMITTING WAKE CO & OTHER MUNICIPALITIES DECEMBER 31, 2027 12/31/2027 TRANSMITAL INFORMATION: ACTION DATES NOTICE OF AWARD SENT ..... BONDS RECEIVED ........... * NOTICE TO PROCEED SENT ... * INSURANCE CERTIF.RECEIVED: * OCCURS AFTER CONTRACT EXECUTION FINANCE INFORMATION CARY BUSINESS LICENSE VERIFIED: ENCUMBRANCE/PO NUMBER: ACCOUNT NUMBER: PROJECT NAME .. W WAKE WW TREATMENT PROJECT NUMBER: OBLIGATES REVENUE TO THE TOWN: OBLIGATES TOWN EXPENDITURE ... $12,417,000.00 " " NO CHANGE IN PRESENT ENCUMBRANCE/PO COMMITTEE APPROVALS: ACTION DATES SAFETY/PUBLIC WORKS ..: 12/01/2004 PLANNING & DEVELOPMENT: FINANCE/PERSONNEL ..... DEPARTMENT APPROVAL DATE: 1/25/2005 • OTHER APPROVALS: ACTION DATES COUNCIL .........: 12/09/2004 BUDGET ADJUSTMENT: OTHER: v F I N A N C E INITIALS: DATE IN: COMMENTS /g5 (05 ACTION DATE: : T 0 W N A T T O R N E Y (Approved as to form only) INITIALS C,& DATE IN: ACTION DATE : 1 f t b 1Uy- COMMENTS: T 0 W N M A N A G E R INITIALS: DATE IN: ACTION DATE : COMMENTS: " " TO MAYOR FOR SIGNATURE T 0 W N C L E R K INITIALS: EXECUTED DATE: COMMENTS : I((r V STATUS: 4 1=NEW 2=RENEWAL 3=REVISION 4=CHANGE ORDER " ATTORNEY'S REVIEW NOT REQUIRED. • C, • NORTH CAROLINA WAKE COUNTY AMENDMENT NO TO INTERLOCAL AGREEMENT FOR REGIONAL WASTEWATER MANAGEMENT FACILITIES LAND ACQUISITION AND PRELIMINARY WORK This AMENDMENT NO. 1 is dated as of J*Au &CH a L , 2005, ("Amendment No. I"), and is among the towns of APEX ("Apex"); 01ARY ("Cary"); HOLLY SPRINGS ("Holly Springs"); MORRISVILLE ("Morrisville"), all of the above being municipal corporations and public bodies politic of the State of North Carolina (herein sometimes collectively referred to as the "Municipal Parties"); and WAKE COUNTY (the "County"), a body politic and a political subdivision of the State of North Carolina. RECITALS WHEREAS, the parties to this Amendment No. 1 are parties to the Interlocal Agreement For Regional Wastewater Management Facilities Land Acquisition And Preliminary Work ("Agreement") dated as of July 28, 2004; and WHEREAS, the Agreement specified that the County, on behalf of the Municipal Parties, would purchase land to be used for Regional Wastewater Management Facilities; and WHEREAS, the parties have agreed that Cary, on behalf of the Municipal Parties, will purchase the land to be used for the Regional Wastewater Management Facilities; and WHEREAS, the parties have agreed to update certain terms of payment for the Land Acquisition and Preliminary Work and terms of ownership for Land Acquisition; and WHEREAS, the parties desire to enter into this Amendment No. 1, pursuant to statutory authority authorizing interlocal agreements N.C.G.S. § 160A-460 to 464, in order to pursue the above stated goals. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Amendment No. 1 and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I DEFINITIONS: RULES OF CONSTRUCTION For all purposes of this Amendment No. 1, unless the context requires otherwise, the terms defined in the Agreement shall have the definitions specified therein and the Rules of Construction shall be as specified in the Agreement. ARTICLE II This Article replaces Article II and Section 5.01 of Article V of the Agreement. LAND ACQUISITION 2.01. Purpose. The purpose of this Article II of the Amendment is to set forth new terms and conditions pursuant to which the Municipal Parties will collaborate with each other and with the County to purchase the parcel or parcels of land that the Municipal Parties identify for the construction of regional pumping stations and the regional water reclamation facility, effluent pumping facilities and biosolids management facility. The land costs are estimated to total $9.8 million. If the costs for the land acquisition exceed or are less than $9.8 million, then each Municipal Party shall provide a pro rata proportion, according to Section 2.06, of the actual funding required for completing the land acquisition. 2.02. Party to Purchase Land. The Municipal Parties agree that the Town of Cary will purchase land for the Regional Wastewater Management Facilities as hereinafter described on behalf of the Municipal Parties. 2.03. Parcel Identification. The land to be acquired consists of (1) the land necessary for the construction of a new water reclamation facility (the "WRF Land"), (2) the land necessary for the pumping station to pump to the point of discharge the treated effluent from the water reclamation facility and the treated effluent delivered to the pumping station from Holly Springs (the "EPS Land") and (3) the land necessary for the raw wastewater pump station facilities (the "RWPS Land"). The WRF Land and the EPS Land are to be located on adjoining sites and will include proportional amounts of buffer area. The EPS Land will be 14 percent of the combined WRF/EPS land, based on the portion of the developed site that is needed for the effluent pump station, the influent line from Holly Springs to the effluent pump station, the effluent line to the outfall, and common/administrative facilities. All four of the Municipal Parties must unanimously agree on the sites to be acquired for the EPS Land. Apex, Cary and Morrisville must unanimously agree on the sites to be acquired for the WRF Land and the RWPS Land. Once the applicable parties have agreed on the sites to be acquired, Apex, Holly Springs, and Morrisville, with respect to the EPS Land, and Apex and Morrisville, with respect to the WRF Land and the RWPS Land, shall, in writing to Cary, indicate their approval of the appropriate identified parcels and request Cary to initiate activities associated with acquiring the parcels. 2.04. Purchase. Cary will use its best efforts to make said purchase(s) on or before June 30, 2006, and to purchase the land at the lowest cost possible within the time frame required to Amendment No. to Interlocal Agreement for Regional Wastewater Management Facilities lznd Acquisition and Preliminary Work 2 meet the regulatory constraints of the Municipal Parties. Title shall be obtained (except in the case of eminent domain actions) by fee simple general warranty deed, free and clear of all liens and exceptions, except as agreed to in writing by the Municipal Parties. Prior to any closing, Cary shall conduct appropriate environmental examinations of the parcels and shall, by certified mail, provide the other Municipal Parties with written results of those examinations. Unless, within 15 business days of such mailing, one of the Municipal Parties objects, in writing delivered to Cary by certified mail, to the findings of environmental reports, the Municipal Parties will be deemed to have accepted those findings and consented to the purchase of the parcels. All contracts for the purchase of parcels shall contain a condition allowing Cary, in its sole discretion, to terminate the contract if, any environmental problems are identified by an environmental examination. 2.05. Eminent Domain. In the event that any of the parcels must be acquired by the exercise of the power of eminent domain, Cary will make best efforts to institute such an action in its name on behalf of the applicable Municipal Parties no later than June 30, 2006. The parties agree that if, in the opinion of Cary's Town Attorney, it is necessary that any or all of the other Municipal Parties become named parties in any eminent domain action, the other Municipal Parties will participate in that action as named parties. If eminent domain is used to acquire the site(s), acquisition for purpose of this section shall be deemed to occur upon vesting of title. 2.06 Payment; Allocable Costs. The costs of acquiring the land (the "Land Acquisition Costs") shall include, but are not limited to, the purchase price, legal fees, brokers fees, appraisals, surveys, site examinations, court costs associated with eminent domain proceedings if necessary, all environmental due diligence analyses, and a finance charge as herein after described. The Land Acquisition Costs shall be allocated among the Municipal Parties as described in this paragraph and Table A-I of Attachment A attached hereto. For budgetary purposes in this document, 90% of the estimated total land purchase cost shall be allocated to the combined WRF/EPS Land and 10% shall be allocated to the RWPS Land. Each Municipal Party's share of the land costs will be based on the actual costs of the RWPS Land and the combined WRF/EPS Land. As defined in Section 2.03, the EPS Land Cost will be calculated as 14 percent of the combined WRF/EPS Land Cost. The Land Acquisition Cost allocable to each of Apex, Cary and Morrisville shall equal the aggregate of such Town's share of the costs of the RWPS Land, the WRF Land, the EPS Land and the Preliminary Costs, all as set forth in Table A-1. The Land Acquisition Cost allocable to Holly Springs shall equal the aggregate of Holly Spring's share of the costs for the EPS Land and the Preliminary Costs, all as set forth in Table A-l. Payment for each Municipal Party's share of the Land Acquisition Cost shall be made in accordance with Section 2.07. Table A-2 of Attachment A presents estimated costs for each party based on the assumptions and terms described herein. If the costs for the land acquisition exceed or are less than $9.8 million, then each Municipal Party shall provide a pro rata proportion of the actual funding required for completing the land acquisition. The pro rata proportion of additional costs required from each Municipal Party, or of cost savings, shall be in accordance with the cost distribution presented in Table A-1 of Attachment A. Amendment No. to Interlocal Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work 0 3 In addition, the Land Acquisition Cost allocable to Apex, Morrisville and Holly Springs shall include a finance charge for the period from when Cary acquires the land and the time an ownership interest in the land is conveyed to such party as provided in Section 2.07. The finance charge shall be equal to the investment earnings that Cary would have received from the investment of an amount equal to the respective party's pro rata share of the purchase price of the land if such amount had been invested in the North Carolina Capital Management Trust Fund Cash Portfolio. 2.07 Payment to the Town of Cary for Land Acquisition Costs. Cary will advise each of the other Municipal Parties of that Party's share of the Land Acquisition Cost, calculated as provided in Section 2.06, thirty (30) days in advance of the anticipated transfer of an ownership interest in the land to such party as provided by Section 2.08. Apex, Holly Springs and Morrisville agree to pay, or provide for the payment to, the Town of Cary for all Land Acquisition Costs allocable to each party. Apex, Holly Springs and Morrisville will remit to Cary a lump sum payment for their respective shares of the Land Acquisition Costs no later than five (5) business days preceding the transfer of an ownership interest in the land to each party as provided by Section 2.08. Such payment shall be made from funds legally available to the respective parties for such payment. In the event payment is not received by the Town of Cary within ten (10) business days of the scheduled payment date, a late fee shall be assessed at the rate of ten percent (10%) per annum for each day thereafter. 2.08 Title. The RWPS Land and the WRF Land shall be jointly owned by Apex, Cary and Morrisville. The EPS Land shall be jointly owned by all four of the Municipal Parties. The amount of each such party's interest shall be the amount set forth in Table A-1 of Attachment A hereto. Cary shall convey an undivided tenant-in-common ownership interest in the prescribed land in the applicable percentage ownership interest upon receipt of payment or obligations for the payment of the amounts described in Section 2.08. Such transfer of ownership interests shall be by special warranty deed from Cary. Each of the Municipal Parties hereby expressly and irrevocably waives, for a period ending fifty years from the date hereof, all rights to the partition of the property covered hereby that it may have as an owner of a tenancy in common interest in such property. The Municipal Parties in any future agreement regarding the subject property shall include a waiver of all rights of partition. Furthermore, notice of such waiver of right of partition shall be filed in the Registry of Deeds of Wake County after the subject property has been transferred to the Municipal Parties. 2.10. Records. Cary shall keep complete records of all costs associated with acquisition of the parcels, and shall make such records available for inspection at reasonable times by any Municipal Party. • Amendment No. to Interlocal Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work 4 ARTICLE III DELETION OF AGREEMENT CLAUSES The following articles and sections in the Agreement are deleted: ARTICLE II (all sections) - Land Acquisition (Replaced by Article II hereof) ARTICLE V - Payment, Section 5.01 - Repayment to County ARTICLE V TERMINATION OF AGREEMENT This Amendment No. 1 shall continue until all payment obligations hereunder are satisfied, or until it is replaced by a subsequent agreement, whichever occurs first. The Municipal Parties are not obligated under this Amendment No. 1 to pay any portion of any final design or construction work that may be undertaken by all or some of the Municipal Parties under separate agreement. [The rest of this page has been left blank intentionally.] Amendment No. to Interlocal Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work 5 IN WITNESS WHEREOF, pursuant to resolution adopted by the governing board of each party as required by N.C.G.S. §160A-461, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. • • TOWN OF APEX, NORTH CAROLINA This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. May Finance Officer, Town of Ape TOWN OF CARY, NORTH CAROLINA This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. By:tw- Town Manager Finance icer, Town of Cary TOWN OF HOLLY SPRINGS, NORTH This instrument has been preaudited in the manner CARO required by the Local Government Budget and Fiscal Control Act. BY: / Town Manager Finance Officer, Town of Holly Springs TOWN OF MORRISVILLE, NORTH This instrument has been preaudited in the manner CAROLINA required by the Local Government Budget and Fiscal Control Act. By. Tow Manager Finance Officer, Town of Morrisville COUNTY OF WAKE, NORTH CAROLINA This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. By:.: Chai n, County Bo of Commissioners L C Finance Officer, County of Amendment No. to Interlocal Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work 6 ATTACHMENT A Pro rata Cost Shares All Municipal Parties. agree to be bound by the payment obligations incurred herein for loans provided for land acquisition and Preliminary Work. Each Municipal Party to this Agreement shall pay its pro rata cost chare of the obligations incurred herein based on the cost distributions shown in Table A-1. Each Municipal Party agrees to appropriate funds as necessary to repay its pro rata cost share of the incurred obligations in accordance with the terms and conditions prescribed in the July 28, 2004 Agreement, as revised by this Amendment No. 1, for each obligation. Table A-1 Pro-Rata Share of Cost For Each Partner Municipal Party Capacity Allocation for 2030 Pro-Rata Share for WRF Land Cost Pro-Rata Share for RWPS Land Cost Pro-Rata Share for EPS Land Costs Pro-Rata Share for Preliminary Work Apez 9.9 34.7% 34.7% 26.90/a 26.9% Cary 16.3 57.2% 57.2% 44.3% 44.3% Holly Springs 8.28 0.0% 0.0% 22.5% 22.5% Morrisville 2.32 8.1% 8.1% 6.3% 6.3% Total 36.8 100.00% 100.00%- 100.00% 100.00% NOTES: (1) Cary and Apex flows include, respectively, 77 percent and 23 percent of the residual flow from the Cary/Apex Water Treatment Facility for any expansions of that facility beyond 56 mgd capacity. (2) Holly Springs' capacity allocation is only for capacity in the Effluent Pumping Station and related facilities to carry effluent from the EPS to the point of discharge. Repayment Obligations Table A-2 presents the estimates for the repayment obligations that will be incurred for the July 28, 2004 Agreement, as revised by this Amendment No. 1, based on applying the pro rata cost shares in Table A-1 to the total estimated costs. The estimated costs shown for each Municipal Party represent the sum of the estimated payments required to satisfy each of the identified obligations. Estimated payments for the CG&L Loan are based on 20-year loan terms at 3 percent interest rate. Actual payment requirements are subject to change pending negotiation of service provider agreements, land acquisition costs, and execution of loan documents with final interest rate and terms. The actual cost to each Municipal Parry will be their pro rata share, based on Table A-1, of the actual costs incurred for the Land Acquisition and Preliminary Work, whether that cost is more or less than the anticipated cost in Table A-2. Amendment No. to Interlocal Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work • • 7 • Table A-2 Preliminary Work Estimated Cost Shares for Each Partner VW Land RWPS EPS Land Organizational, Planning and Total Cost (1,2) Land Cost (1,2) Institutional, Engineering Anticipated Cost (1) Financial ($1.5M Loan Expenditures Municipal Development from CG&L) FY2005- Pa FY2027 Apex $2,632,000 $340,000 $332,000 $161,400 $542,600 $4,008,000 Cary $4,339,000 I $561,000 I $547,000 I $265,800 I $893,500 $6,606,300 Holly $0 I $0 $278,000 $135,000 $453,800 $866,800 Springs I Morrisville $614,000 $79,000 $78,000 $37,800 $127,100 $935,900 Total $7,585,000 $980,000 $1,235,000 $600,000 $2,017,000 $12,417,000 NOTES: (1) RWPS Land costs are based on the assumption that the raw water pump station land cost will be 10 percent of the total land cost; this will be adjusted based on actual costs. The combined WRF/EPS Land Cost is estimated to be 90 percent of the total land cost and will also be adjusted based on actual costs. (2) EPS Land Cost will be calculated as 14 percent of the Land Cost for the combined WRF/EPS site. This proportion is based on the portion of the site used for the effluent pump station, influent line from Holly Springs, effluent line to the outfall, and common/administrative facilities. Amendment No. to InterWA Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work CONTRACT CONTROL FORM TOWN OF CARY CCN: PW 6-005-03 D E P A R T M E N T ......: PW CONTRACT ADMINISTRATOR LEILA GOODWIN ADMINISTRATOR'S PHONE 3846 CONTRACT NAME WESTERN WAKE RWWMF OWNERSHIP & OPER AGRMT AMDMT 3 CONTRACTOR'S NAME ......: WESTERN WAKE PARTNERS CONTRACT EXPIRATION DATE: AUGUST 31 2055 8/31/2055 TYPE: 4 1=SERVICE .2=EQUIPMENT 3=CONSTRUCTION 4=AGREEMENT 5=REIMBURSEMENT TRANSMITAL INFORMATION: ACTION DATES NOTICE OF AWARD SENT ..... BONDS RECEIVED ..........: * NOTICE TO PROCEED SENT ... STATUS: 4 1=NEW 2=RENEWAL 3=REVISION 4=CHANGE ORDER ATTORNEY'S REVIEW NOT REQUIRED. r * INSURANCE CERTIF.RECEIVED: D * OCCURS AFTER CONTRACT EXECUTION di) u FINANCE INFORMATION CARY BUSINESS LICENSE VERIFIED: A,? ;xj ENCUMBRANCE/PO NUMBER:" ACCOUNT NUMBER: A .PROJECT NAME .. 4 PROJECT NUMBER: (.P u OBLIGATES REVENUE TO THE TOWN: OBLIGATES TOWN EXPENDITURE ..: 0 11 NO CHANGE IN PRESENT ENCUMBRANCE/PO COMMITTEE APPROVALS: ACTION DATES SAFETY/PUBLIC WORKS ... 2/07/2008 PLANNING & DEVELOPMENT: FINANCE/PERSONNEL ..... DEPARTMENT APPROVAL DATE : D It , L ? _ `-edd OTHER APPROVALS: ACTION DATES COUNCIL .........: 2/14/2008 BUDGET ADJUSTMENT: OTHER: -I)rr3 F I N A N C E INITIALS : DATE IN:,qjllog ACTION DATE uq//Q g COMMENTS: 050?1 T 0 W N Z, T T 0 R N E Y (Approved as to form only) cG./ wv-/ INITIALS- 7 DATE IN: 0 d ACTION DATE: ? ?/ COMMENTS: / J T 0 W N M A N A G E R INITIALS: DATE IN: ?I COMMENTS : `a - -oI " " TO MAYOR FOR SIGNATURE ACTION DATE: t???Gt T 0 W N C L E R K INITIALS: COMMENTS: V. EXECUTED DATE : S I j 3' b ,? PIN u-rdg- 19 NORTH CAROLINA WAKE COUNTY AMENDMENT NO.3 TO THE AGREEMENT FOR DESIGN, CONSTRUCTION, OWNERSHIP, MANAGEMENT AND OPERATION OF WESTERN WAKE REGIONAL WASTEWATER MANAGEMENT FACILITIES This AMENDMENT NO. 3 TO THE AGREEMENT FOR DESIGN, CONSTRUCTION, OWNERSHIP, MANAGEMENT AND OPERATION OF WESTERN WAKE REGIONAL WASTEWATER MANAGEMENT FACILITIES dated August 22, 2005 ("Amendment No. 3"), made and entered into this the ' day of 2008, by and among the Town of Apex ("Apex"), the Town of Cary ("Cary"), the Town of Holly prings ("Holly Springs"), and the Town of Morrisville ("Morrisville" and, collectively with Apex, ary and Holly Springs, the "Project Partners"), each of which is a municipal corporation organized and existing under the laws of North Carolina, as authorized by the provisions of North Carolina General Statutes, Chapter 160A, Article 20. WITNESSETH WHEREAS, the Project Partners have entered into an Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities dated August 22, 2005, and Amendment No. 1 dated October 27, 2006, and Amendment No. 2 dated October 17, 2007 (the "Agreement"), which Agreement provides in Section 7.1 that "this Agreement insofar as it relates to design, construction, operation or sharing of costs of the Raw Wastewater Pumping and Conveyance Facilities or the Water Reclamation Facility may be amended by the mutual agreement of the governing bodies of Apex, Cary, and Morrisville"; and whereas Section 7.1 of the Agreement provides that "this Agreement insofar as it relates to "design, construction, operation or sharing of costs of the Treated Effluent Pumping and Conveyance Facilities may be amended by the mutual agreement of the governing bodies of the Project Partners" (as such terms are defined in Agreement) shall be in writing; and WHEREAS, Holly Springs has designed their effluent force main from Utley Creek Wastewater Treatment Plant extending across US1 highway to the boundary of the Western Wake Water Reclamation Facility property in Apex (referred to as Site 14 in the Environmental Impact Statement process) WHEREAS, the extension of the Holly Springs Effluent Force Main across the Western Wake Water Reclamation Facility site property and its connection with the Western Wake Water Reclamation Facility effluent pump station have not been included in previous agreements; and WHEREAS, the Holly Springs Effluent Force Main on the Western Wake Water Reclamation Facility site consists of approximately 2,100 linear feet of 36 inch diameter ductile iron pipe; and WHEREAS, the Technical Advisory and Policy Advisory Committees for the Western Wake Partners have both recommended adding design, permitting, construction and construction administration of the Holly Springs Effluent Force Main on the Western Wake Water Reclamation Facility site to the scope of the project; and WHEREAS, no other project partners except Holly Springs will utilize capacity in the Holly Springs Effluent Force Main; and WHEREAS, such change affects no other Partners' cost shares except Holly Springs; and WHEREAS, the project partners have agreed to add the Holly Springs Effluent Force Main on the Western Wake Water Reclamation Facility site to the scope of the project, and WHEREAS, pursuant to Section 2.6 of Agreement, if Holly Springs withdraws from the project the Lead Agency will direct consultants to stop engineering work on the Holly Springs Effluent Force Main on the Western Wake Water Reclamation Facility site, and Holly Springs will be responsible for all costs incurred prior to the termination as defined in Section 2.6 of Agreement; and; WHEREAS, the Project Partners have agreed to modify the terms and conditions of the Agreement to update the pro-rata cost shares accordingly; and WHEREAS, pursuant to Section 7.1 of Agreement and Article 20 of the North Carolina General Statutes, as amended, units of local government such as the Project Partners are authorized to enter into contracts such as this AMENDMENT NO. 3 for the joint exercise by such units of their powers, functions and public enterprises and entering into this Agreement will carry out the interlocal cooperation objective encouraged by said provisions; NOW, THEREFORE, pursuant to Section 7.1 of Agreement and Article 20, of the North Carolina General Statutes Chapter 160A, and in consideration of the respective rights, powers, duties and obligations hereafter set forth to be performed by the Project Partners, the Project Partners mutually agree as follows: ARTICLE 1 DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions and Rules of Construction. For all purposes of this AMENDMENT NO. 3, except as expressly set forth herein, and unless the context requires otherwise, the terms used herein shall have the definitions specified in Agreement and the Rules of Construction shall be as specified in the Agreement. ARTICLE 2 AMENDMENTS TO AGREEMENT Exhibit A. Amend the Pro-Rata Shares and Capacities Table A-3, which includes pro-rata cost shares and capacities for the Holly Springs Effluent Force Main on the Western Wake Water Reclamation Facility site, is hereby replaced with Table A-3 included in this AMENDMENT NO. 3, which is identified with the footer (Exhibit A (Revised January 25, 2008)). The pro-rate share and hydraulic capacity for Cary's portion of the Western Wake WRF is also updated in Table A-3 to correct a typographical error. Table A-5, which includes pro-rata shares and estimated capital costs, is hereby replaced with Table A-5, included in this AMENDMENT NO. 3, which is identified with the footer (Exhibit A (Revised January 25, 2008)), to include shares for the Effluent Pipeline and Outfall Construction and Services During Construction that have been corrected to be consistent with the intent of AMENDMENT NO. 2, to correct typographical errors. ARTICLE 3 MISCELLANEOUS Section 3.1. Effective Date. This AMENDMENT NO. 3 shall be effective upon ratification by resolution of each governing board spread upon the minutes and execution by all the parties. Section 3.2 Agreement Remains in Full Force and Effect. Except as specifically amended by this AMENDMENT NO. 3, all terms, conditions and provisions of the Agreement, as amended in AMENDMENT NO. 1 and AMENDMENT NO. 2, remain the same and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed and attested this Agreement by their duly authorized representatives as of the day and year first written above. • • TOWN OF APEX, NORTH CAROLINA p,P EX ' • 1873 \h' C POP [SEAL] 0 to? By: Keith H. Weatherly Mayor Attest: Georgi A. Evangelist, MM Town Clerk Approved as to form: `--I Henry ordham, Jr., Esq. To Attomey This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. r Lee hey Finance Direct ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This /dDday of _March_, 2008, personally came before me, a Notary Public in and for the said County and State, Georgia A. Evangelist, who, being by me duly sworn, says that she is the Town Clerk of the Town of Apex, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Keith H. Weatherly, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal this /?--71?'day of _March_, 2008 a?wuuuup?ui ' O O Notary Publi My commission expires: =xc NoTgFZy Grp # ``?? PUBLIC LIN El 40 • [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities) TOWN OF CARY, NORTH CAROLINA By: war sut? '6 it'C4? William B. Coleman, Jr. Town Manager asA form: Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. )0"2=64K Kar n A. Mills Finance Director Town Clerk ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This q day of 2008, personally came before me, a Notary Public in and for the said County and State, Sue Wand, who, being by me duly sworn, says that she is the Town Clerk of the Town of Cary, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by William B. Coleman, Jr. as Town Manager said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notan NRLQ?is day of 2008 EN C. NOTARY = Notary Public My commission expires: * PUBLIC ' s V` 4,44-0 • u 1-1 • [Counterpart signature page to Agreement for Wester Wake Regional Wastewater Facilities] ?. N of H 187& [SE ? U \ l '. TOWN OF HOLLY SPRINGS, NORTH CAROLINA r Richard G. Sews Mayor Attest: Joni Powell Town Clerk Approved as to forth: ?? Y r John Schifa o sq. Town Attorney This inst uma t has been pregaudited in the manner required by The Local Government Budget and Fiscal Control Act. Drew Holland Finance Director E ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This day of 2007, personally came before me, a Notary Public in and for the said County and lift, Joni Powell, who, being by me duly sworn, says that she is the Town Clerk of the Town of Holly Springs, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Richard G. Sears, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WPIWBS my hand and notarial seal this day ofpoiZ, 2007 AL'e& leda!44-? Notary Public My commission expires: H, A Lo da R_ 144 rp& i v i< • r • [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities] TOWN OF MORRISVILLE, NORTH CAROLINA 0 [SEAL] nst: i c Diana R. Davis Town Clerk Approved as to form: lloerA Ztge4iz rank Gray, Esq. Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. O1r &ua. Ills IV G& ChUAW Julia W. Ketchum Finance Director By: Jan Faulkner Mayor • ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This 1 date of?-' 2008, personally came before me, a Notary Public in and for the said County and State, Diana R. DaIRS, who, being by me duly sworn, says that she is the Town Clerk g Y Y of the Town of Morrisville, North Caroline, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Board of Commissioners, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Jan Faulkner, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. r-RA WITNESS my hand and notarial seal this v day of ? 2008. • • Notary Public My Commission Expires: caW)or 0 Exhibit A Project Scope Description Western Wake Regional Wastewater Management Facilities 1.0 Project Description The Phase 1 Western Wake Regional Wastewater Management Facilities are shown in Figures A-1, A-2, and A-3. The list of shared facilities includes the following: 1) West Cary Pump Station (PS) . 2) West Cary Force Main - from West Cary PS to West Reedy Branch Gravity Sewer PS 3) West Reedy Branch Gravity Sewer - from West Cary Force Main to Beaver Creek PS 4) Beaver Creek Gravity Sewer - Gravity Sewer being implemented for Town of Apex as part of Project 5) Beaver Creek Trunk Sewer and Tunnel - Tunnel to Beaver Creek PS required for PS location to work for all Partners 6) Beaver Creek Pump Station 7) Beaver Creek Force Main - from Beaver Creek PS to Western Wake Water Reclamation Facility (WRF) 8) Western Wake WRF 9) Effluent Pump Station - located on the Western Wake WRF site 10) Effluent Pipeline and Outfall - from Effluent Pump Station to Cape Fear River below Buckhorn Dam 11) Holly Springs Effluent Force Main - on the Western Wake Water Reclamation Facility site Wastewater from Cary, Morrisville, and RTP South will enter the system at the West Cary PS. Wastewater from Apex will enter the system at two points along the alignment of the West Reedy Branch Gravity Sewer between the West Cary Force Main and the Beaver Creek PS. The two points of entry for Apex will be along Reedy Branch and Beaver Creek. The Town of Holly Springs plans to continue to use its Utley Creek WRF to treat its wastewater, but the Town will share an outfall with the other communities to discharge Holly Springs' effluent to the Cape Fear River. Treated effluent from Holly Springs' Utley Creek WRF will enter the system at the Effluent Pump Station located at the Westem Wake WRF. Table A-1 summarizes the project components, their Phase 1 hydraulic capacity, capital costs, and land costs. 2.0 Project Partners' Flows and Facility Hydraulic Capacities Table A-2 presents the Project Partners' projected maximum month flows, which have generally been used to size the facilities. The WRF is sized based on maximum month flows, the discharge is Exhibit A (Revised January 25, 2008) permitted based on maximum month flows, and pump stations and pipelines are sized based on peak hourly flow rates. The effluent pump station, pipeline and outfall are sized based on maximum month flows. Key assumptions that have been made for all partners is are that maximum monthly flows are 1.18 times average annual flows for Cary and Morrisville and 1.23 times average annual flows for Apex and 1.20 times average annual flows for Holly Springs, and that peak hourly flow rates are 3.1 times average annual flows. Water quality and loading considerations are discussed in Section 3.0. Generally, the Phase 1 facilities are based on the partners' needs for 2020. However, consideration for 2030 needs has been included when planning the facilities and in the case of gravity sewers, such as the West Reedy Branch Gravity Sewer and Beaver Creek Gravity Sewer, as well as the Effluent Pipeline and Outfall, because it will be more cost effective to build for 2030 needs in Phase 1 than to parallel these pipelines at a later date. Table A•2 Flow Projections for Western Wake Regional Wastewater Management Facilities Town Maximum Month Flows (mgd) 2020 2030 Apex Cary (including RTP South) Holly Springs Morrisville 6.2 9.9 10.5 16.3 6.0 8.3 t 1.5 2.3 0 Total 24.2 36.8 Table A-3 presents the partners' pro-rata cost shares and resulting hydraulic capacity in each facility. For the WRF, these pro-rata shares also represent each partners' share of pollutant loading capacity. 3.0 Western Wake WRF Pollutant Removal Capacity The Western Wake WRF has been planned and will be designed to achieve compliance with NPDES permit limits for discharge to the Cape Fear River below Buckhorn Dam. Speculative effluent discharge limits were documented in a letter dated December 15, 2004 from the N.C. Division of Water Quality (NCDWQ) for two discharges - one from the Western Wake WRF and one from the Utley Creek WWTP. The two discharges will have compliance points upstream of where they join at the Treated Effluent Pump Station site for conveyance to the outfall to the Cape Fear River. The limits apply to a Western Wake WRF discharge rate of 30 mgd and an Utley Creek WWTP discharge rate of 8 mgd, or a total of 38 mgd, and the limits as they apply to the Western Wake WRF are summarized in Table A-4. • Exhibit A (Revised January 25, 2008) Table A-4 Speculative Limits for Western Wake Regional Water Reclamation Facility • Effluent Limitation Effluent Characteristics Monthly Average Weekly Average Daily Maximum Seasonal Average (April - October) Flow 30 MGD BOD5, Summer 5.0 mg/L 7.5 mg/L BODSr Winter 10.0 mg/L 15.0 mg/L TSS 30.0 mg/L 45.0 mg/L NH3 as N, Summer 1.0 mg/L 3.0 mg/L NH3 as N, Winter 2.0 mg/L 6.0 mg/L DO' 6.0 mg/L TRC4 28 ug/L Fecal coliform (geometric mean) 200 /100 ml 400 /100 ml TPz 500 lb/day TN3 1501 lb/day ' Compliance for DO will be measured at the WRF compliance point and evaluated as a daily average concentration 2 Limit based on 2 mg/L TP. For lower flow limits, limit would be based on 2 mg/L and the lower permitted flow 3 Limit based on 6 mg/L TN. For lower flow limits, limit would be based on 6 mg/L and the lower permitted flow <Limit to be applied only if chlorine is used for disinfection The Western Wake WRF will provide treatment for raw wastewater flows from the western Cary service area and the western (Haw River) portion of the Apex service area. Wastewater flows from the western Cary service area include flows from the Wake County portion of Research Triangle Park (referred to as RTP South). 4.0 Capital Costs Preliminary estimates of capital costs have been developed for the Western Wake Regional Wastewater Management Facilities. The cost for each project component and the allocation of costs for each Project Partner for each facility, based on the pro-rata shares presented in Table A-3, are presented in Table A-5. These costs do not include land costs - those costs are addressed in Section 5.0. The capital cost estimates include allowances for legal, financial, engineering, construction, and a 15 percent contingency for construction. Preliminary estimates are generally considered to have an accuracy of +20% to -10%. The accuracy of the capital cost estimates will increase as the project Exhibit A (Revised January 25, 2008) moves through the process from preliminary design to detailed design, and eventually to project bidding and actual construction. I* Cost estimates developed for the Western Wake Regional Wastewater Management Facilities were prepared using cost curves, vendor quotes for equipment, previous cost estimates for similar projects and unit process equipment of similar size and/or complexity, historical data from comparable work, estimating guides, and handbooks. Final project construction costs at the time of bidding and award will depend on actual labor, materials and equipment costs; competitive market conditions; actual site conditions; final project scope; actual level of treatment required; implementation schedule; and other factors that cannot be quantified at the current level of detail. Capital costs were developed in 2008 dollars, which represents when construction is anticipated to begin. Portions of the West Cary PS have been constructed early to allow Cary to pump wastewater north to the Kit Creek PS prior to 2011. Capital costs shown in Table A-1 as "West Cary PS Phase 0" are for oversizing the base structure of the West Cary PS, and include $4,943,000 in costs that are being incurred in fiscal years 2006 and 2007 Capital costs shown in Table A-1 as "West Cary PS Phase 1" are for modifying and expanding that pump station by 2011 to serve the regional needs of the project partners' through 2020. 5.0 Land Costs Land costs for the West Cary Pump Station, Beaver Creek Pump Station, Western Wake WRF and Effluent Pump Station are shared among the partners according to the Land Costs and Preliminary Work Agreement, as further amended (for the West Cary Pump Station) in this Agreement. Land costs for the pipelines and the outfall structure will be shared as provided in this Agreement. Adjustments to other land costs in the Land Costs and Preliminary Work Agreement are also included in this agreement. Table A-6 presents the pro-rata land cost shares for the Wastewater Management Facilities. 6.0 Total Costs Table A-7 summarizes total estimated project costs for each partner. • Exhibit A (Revised January 25, 2008) Table A-1: Phase 1 Project Component Capacities and Costs Agreement Gravity Sewer Exhibit A (Revised January 25, 2008) Land Costs, Facility Capacity Capital Costs Land costs, This Subtotal, This Land and Preliminary Total Costs (mgd) (FY2008 Z) Agreement Agreement Work West Cary PS Phase 0 30.713 $4,543,000 $0 $4,543,000 $400,000 $4,943,000 West Cary PS Phase 1 30.7'3 $7,305,249 $0 $7,305,249 $0 $7,305,249 West Cary Force Main 30.7'3 $7,254,638 $ 410,800 $7,765,438 $99,000 $7,764,438 West Reedy Branch 50.6 2.3 208,281 $9 $260,400 $9,468,681 $0 $9,468,681 , Beaver Creek Gravity 6.9 2,4 $1,211,890 $70,000 $1,281,890 $0 $1,281,890 Sewer Beaver Creek Trunk 6 9 z.a $4,609,500 $65,500 $4,675,000 $0 $4,675,000 Sewer and Tunnel Beaver Creek PS 39.4'3 $17,593,873 $0 $17,593,873 $580,000 $18,173,873 Beaver Creek Force Main 39.4'3 $14,123,395 $619,700 $14,743,095 $124,000 $14,867,095 Western Wake WRF 18.2'.a $134,124,814 $0 $134,124,814 $7,585,000 $141,709,814 Effluent Pump Station 24.2'.a $9,678,169 $0 $9,678,169 $1,235,000 $10,913,169 Effluent Pipeline and 36.8 2A $32,307,341 $141,900 $33,772,241 $1,323,000 $33,772,241 Outfall Holly Springs Effluent Force Main on WWWRF 21.44z'3 $828,300 $0 $828,300 $0 $838,300 Site $242,788,450 $1,568,300 $245,779,750 $11,346,000 $255,712,750 Based on 2020 flows z Based on 2030 flows 3 Peak hourly flow rate Maximum month flow rate Table A-3: Phase 1 Pro-rata Shares and Hydraulic Capacity (mgd), Western Wake Regional Wastewater Management Facilities Facility Apex Cary Holly Springs Morrisville Total West Cary PS Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capacity ' (peak hourly) 0 27.0 0 3.7 30.7 West Cary Force Main Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capacity ' (peak hourly) 0 27.0 0 3.7 30.7 West Reedy Branch Gravity Sewer Pro-rata Share (%) 9.3% 78.7% 0% 12.0% 100% Capacity ' peak hourly) 4.7 39.8 0 6.1 50.6 Beaver Creek Gravity Sewer Pro-rata Share (%) 100% 0% 0% 0% 100% Capacity ' (peak hourly) 6.9 0 0 0 6.9 Beaver Creek Trunk Sewer and Tunnel Pro-rata Share (%) 50.0% 418% 0% 6.2% 100% Capacity ' (peak hourly) N/A N/A N/A N/A 0.0 Beaver Creek PS Pro-rata Share (%) 21.3% 69.0% 0% 9.7% 100% Capacity T (peak hourly) 8.4 27.2 0 3.8 39.4 Beaver Creek Force Main Pro-rata Share (%) 21.3% 69.0% 0% 9.7% 100% Capacity' (peak hourly) 8.4 27.2 0 3.8 39.4 Western Wake WRF Pro-rata Share 2 (%) 34.1% 57.7% 0% 8.2% 100% Capacity ' (max month) 6.2 10.5 0 1.5 18.2 Effluent Pump Station, Pipeline and Outfall Design Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Effluent Pump Station Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capacity ' (max month) 6.2 10.5 6.0 1.5 24.2 Effluent Pipeline and Outfall Pro-rata Share (%) 26.9% 44.3% 22.5% 6.3% 100% Capacity ' (max month) 9.9 16.3 8.3 2.3 36.8 Holly Springs Effluent Force Main on WWWRF site Pro-rata Share (%) 0% 0% 100% 0% 100% Caoacity 1 (beak hourly) 0.0 0.0 21.44 0.0 21.44 ' Sizing and capacity allocations for West Reedy Branch Gravity Sewer, Beaver Creek Gravity Sewer, the Effluent Pipeline and Outfall, and the Holly Springs Effluent Force Main on the WWWRF site are based on 2030 flows; all others based on 2020 flows 2 Pro-rata Shares for Western Wake WRF also apply to the pollutant loading capacity allocated to each partner. E Exhibit A (Revised January 25, 2008) Table A-5: Phase 1 Pro-rata Shares and Estimated Capital Costs ', Western Wake Regional Wastewater Management Facilities: Facility Apex Cary Holly Springs Morrisville Total West Cary PS Phase 0 Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capital Cost $0 $3,988,754 $0 $554,246 $4,543,000 West Cary PS Phase 1 Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capital Cost $0 $6,414,009 $0 $891,240 $7,305,249 West Cary Force Main Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capital Cost $0 $6,369,572 $0 $885,066 $7,254,638 West Reedy Branch Gravity Sewer Pro-rata Share (%) 9.3% 78.7% 0.0% 12.0% 100.0% Capital Cost $856,370 $7,246,917 $0 $1,104,994 $9,208,281 Beaver Creek Gravity Sewer Pro-rata Share (%) 100.0% 0.0% 0.0% 0.0% 100.0% Capital Cost $1,211,890 $0 $0 $0 $1,211,890 Beaver Creek Trunk Sewer and Tunnel Pro-rata Share (%) 50.0% 43.8% 0.0% 6.2% 100.0% Capital Cost $2,304,750 $2,018,961 $0 $285,789 $4,609,500 Beaver Creek PS Pro-rata Share (%) 21.3% 69.0% 0.0% 9.7% 100.0% Capital Cost $3,720,529 $12,052,416 $0 $1,694,325 $17,467,270 Beaver Creek Force Main Pro-rata Share (%) 21.3% 69.0% 0.0% 9.7% 100.0% Capital Cost $3,008,283 $9,745,143 $0 $1,369,969 $14,123,395 Western Wake WRF Pro-rata Share (%) 34.1% 57.7% 0% 8.2% 100% Capital Cost $45,550,794 $77,075,683 $0 $10,953,563 $133,580,040 Effluent Pump Station, Pipeline and Outfall Design Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capital Cost $347,750 $589,546 $336,883 $84,221 $1,358,400 Effluent Pump Station Construction and Services During Construction Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capital Cost $2,303,877 $3,905,792 $2,231,881 $557,970 $8,999,520 Effluent Pipeline and Outfall Construction and Services During Construction Pro-rata Share (%) 26.9% 44.3% 22.5% 6.3% 100% Capital Cost $8,446,320 $13,909,739 $7,064,766 $1,978,134 $31,398,960 Western Wake SCADA Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capital Cost $230,402 $390,603 $223,202 $55,800 $900,007 Holly Springs Effluent Force Main on WWWRF site Pro-rata Share (%) 0.0% 0.0% 100.0% 0.0% 100% Capital Cost $0 $0 $828,300 $0 $828,300 Total Capital Cost 7,980,965 $143,707,135 $10,685,032 $20,415,319 $242,788_,450 Not including land costs. r? Exhibit A (Revised January 25, 2008) Table A-6: Phase 1 Pro-rata Shares and Estimated Land Costs, Western Wake Regional Wastewater Management. Facilities 0 Facility Apex Cary Holly Springs Morrisville Total West Cary PS Pro-rata Share (%) 0% 87.5% 0% 12.5% 100% Capital Cost $0 $350,000 $0 $50,000 $400,000 West Cary Force Main Pro-rata Share (%) 0% 87.5% 0% 12.5% 100% Capital Cost $0 $446,075 $0 $63,725 $509,800 West Reedy Branch Gravity Sewer Pro-rata Share (%) 10.6% 78.2% 0% 11.2% 100% Capital Cost $27,602 $203,633 $0 $29,165 $260,400 _ Beaver Creek Gravity Sewer Pro-rata Share (%) 100.0% 0.0% 0.0% 0.0% 100.0% Capital Cost $70,000 $0 $0 $0 $70,000 Beaver Creek Trunk Sewer and Tunnel Pro-rata Share (%) 50.0% 43.8% 0.0% 6.2% 100.0% Capital Cost $32,750 $28,689 $0 $4,061 $65,500 Beaver Creek PS Pro-rata Share (%) 34.7% 57.2% 0.0% 8.1% 100.0% Capital Cost $201,260 $331,760 $0 $46,980 $580,000 Beaver Creek Force Main Pro-rata Share (%) 34.7% 57.2% 0% 8.1% 100% Capital Cost $258,064 $425,396 $0 $60,240 $743,700 Western Wake WRF Pro-rata Share (%) 34.7% 57.2% 0% 8.1% 100% Capital Cost $2,631,995 $4,338,620 $0 $614,385 $7,585,000 Effluent Pump Station Pro-rata Share (%) 26.9% 44.3% 22.5% 6.3% 100% Capital Cost $332,215 $547,105 $277,875 $77,805 $1,235,000 _ Effluent Pipeline and Outfall Pro-rata Share (%) 26.9% 44.3% 22.5% 6.3% 100% rnnitA Cost $394.058 $648.950 $329,603 $92,289 $1,464,900 Total Cost Land Costs and Preliminary Work Agreement $3,165,470 $5,567,485 $277,875 $789,170 $9,800,000 Adjustments to Land Costs and Preliminary Work Agreement $782,474 $1,752,743 $329,603 $249,479 $3,114,300 Total Land Cost $3,947,944 $7,320,228 $607,478 $1,038,649 $12,914,300 • • Exhibit A (Revised January 25, 2008) Table A-7: Phase 1 Total Costs, Western Wake Regional Wastewater Management Facilities Apex Cary Holly Springs Morrisville Total Capital Costs, excluding Land $67,980,965 $143,707,135 $10,685,032 $20,415,319 $242,788,450 Adjustments to Values in Land Costs and Preliminary Work Agreement $782,474 $1,752,743 $329,603 $249,479 $3,114,300 Subtotal, this $68,763,439 $145,459,878 $11,014,635 $20,664,798 $245,902,750 Agreement Land Costs, Land Costs and Preliminary Work • • Agreement $3,165,470 $5,567,485 $277,875 $789,170 $9,800,000 Total Estimated Cost $71,928,909 $151,027,363 $11,292,510 $21,453,968 $255,702,750 Exhibit A (Revised January 25, 2008) -- - REGIONAL WASTEWATER MANAGEMENT FACILITIES 1 ,wary..:.. _ -'ee rm? (1w 3 Crabtree P1fnp Stitioll •` J ?, r ? Padh F3 CARYI ? o West Cary Pump Station ' ?? 0s 0A ~ West Cary Farce Mmin West Ready Branch Gravity Sewer-1-. x. Sewer Creek Pump Station ` R„re+r Beawr Creek Trunk Sewer & Tunnel "AN -- i To Cape Fear River E Apex Point f ! `fir ;i of Entry APEX 4"Weir Creek Gravity Sewer Mal •- ??Aprx PokN n SSa??? ???y?? ?•I L1 MIN Middle Creek WWTP ?l Weswn Wake WRF Hcity van; Point a Entry v 55 (? g Utley Creek W WtP ; SPRING: Figure A-I Q Punp Stollen = e V.6WftdWW0n FSMY JJJ ?"pc?l- - % q?' -' .? ? ¦ F?aMnpNrrt+?erTrebmcntpnY lauooro e ®riutleo Porar Pkrnt ` ? ' ? ? VYbibtn YVGNe YNiF Bltkhwn Don ?t s Fbtl 6? _ --'Ytbrnebttll?rwy - Htemad Slemo Q take orPieer Orc iAle &&a d MuleuPaw:er PYnt • • • • REGIONAL WASTEWATER MANAGEMENT FACILITIES P ff\.. 'y BeamCreeltPump Station r t _ ed?c; 0 r1 From Beawr Cwek Fame Main rc ?` Vyesteln yyike WRF ? dllYent Pump &atlon y?y? %''f \ Holly Sprinps Point of Entry Etlluat PoHne and Outfall R / - • \? g, l /, \A \ SHEARON HAMS 1 ® NUCLEARPLANr is y o Harris Q, y lake SvI•- 1 ?`?ryha ..V 4 i y ti Fig= A-_' - f ` t 0 V1hWm Were PS VMnKft VAlb0nFXMY .....• 3? VIkNOnt YYkke YIFtF ? ' `s ¦ ?9 Wslewra RcrUrmt qer lucegrr .. f &9ktnm Dw (bard htenrleIwho fiv 0 Lrlecc Piftf s- Rem" Steen _Cne AAle Bute d NuciMrPorer Pknl Exhibit A (Revised January 25, 2008) REGIONAL WASTEWATER MANAGEMENT FACILITIES Effllutnt Pump station . Figure A-3 Proposed HS Effluent Con" Force Main Route on the WWRF Site 1, ' c v 1 1 1 1 1 , r 1 1 ? r J/ r r 1 i ? 1 1 1 1 ; 7 I I r/ I i 1lpp fauna" 2.013 hat s Hs Foaosmain Easownt Lirla? 100•yau Floodplaia i Exhibit A (Revised January 25, 2008) • • • CONTRACT CONTROL FORM TOWN OF CARY CCN: PW 6-005-01 D E P A R T M E N T ......: PW CONTRACT ADMINISTRATOR .: LEILA GOODWIN ADMINISTRATOR'S PHONE ... 3846 CONTRACT NAME ..........: WESTERN WAKE RWWMF OWNERSHIP & OPER AGRMT AMDMT 1 CONTRACTOR'S NAME ......: WESTERN WAKE PARTNERS CONTRACT EXPIRATION DATE: AUGUST 31 2055 8/31/2055 TYPE: 4 1=SERVICE 2=EQUIPMENT 3 =CONSTRUCTION 4=AGREEMENT 5=REIMBURSEMENT TRANSMITAL INFORMATION: ACTION DATES NOTICE OF AWARD SENT ..... BONDS RECEIVED ..........: * NOTICE TO PROCEED SENT ... * INSURANCE CERTIF.RECEIVED: * OCCURS AFTER CONTRACT EXECUTION FINANCE INFORMATION CARY BUSINESS LICENSE VERIFIED: ENCUMBRANCE/PO NUMBER: ACCOUNT NUMBER: PROJECT NAME .: PROJECT NUMBER: OBLIGATES REVENUE TO THE TOWN: OBLIGATES TOWN EXPENDITURE ... " " NO CHANGE IN PRESENT ENCUMBRANCE/PO COMMITTEE APPROVALS: ACTION DATES SAFETY/PUBLIC WORKS ..: 5/03/2006 PLANNING & DEVELOPMENT: FINANCE/PERSONNEL ..... STATUS: 4 1=NEW 2=RENEWAL 3=REVISION 4=CHANGE ORDER ATTORNEY'S REVIEW NOT REQUIRED. to V., OTHER APPROVALS: ACTION DATES COUNCIL .........: 5/11/2006 BUDGET ADJUSTMENT: OTHER: DEPARTMENT APPROVAL DATE: F I N A N C E INITIALS: C5-5 DATE IN: 61611)(b ACTION DATE: (.01110(p COMMENTS: T 0 W N A T T O R N E Y (Approved as to form only) INITIALS: ? DATE IN:(, f :Vf ACTION DATE : 611 -Ij f, COMMENTS: T 0 W N M A N A G E R INITIALS: DATE IN: L. Ctp ACTION DATE: L 6V COMMENTS: " " TO MAYOR FOR SIGNATURE 0 W N C L E R K INITIALS: COMMENTS: EXECUTED DATE: 1 I NORTH CAROLINA WAKE COUNTY AMENDMENT NO. 1 TO THE AGREEMENT FOR DESIGN, CONSTRUCTION, OWNERSHIP, MANAGEMENT AND OPERATION OF WESTERN WAKE REGIONAL WASTEWATER MANAGEMENT FACILITIES This AMENDMENT NO. 1 TO THE AGREEMENT FOR DESIGN, CONSTRUCTION, OWNERSHIP, MANAGEMENT AND OPERATION OF WESTERN WAKE REGIONAL WASTEWATER MANAGEMENT FACILITIES dated August 22, 2005 ("Amendment No. I"), made and entered into this the /;;? day of -? 2006, by and among the Town of Apex ("Apex"), the Town of Cary ("Cary"), the Town of Holly Springs ("Holly Springs"), and the Town of Morrisville ("Morrisville" and, collectively with Apex, Cary and Holly Springs, the "Project Partners"), each of which is a municipal corporation organized and existing under the laws of North Carolina, as authorized by the provisions of North Carolina General Statutes, Chapter 160A, Article 20. WITNESSETH • WHEREAS, the Project Partners have entered into an Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities dated August 22, 2005 (the "Agreement"), which Agreement provides in Section 7.1 that amendments relating to "design, construction, operation or sharing of costs of the Treated Effluent Pumping and Conveyance Facilities" (as such terms are defined in Agreement) shall be in writing and by mutual agreement of the governing bodies of the Project Partners; and WHEREAS, Cary, as the Lead Agency and in accordance with the Agreement, has secured a $5 million SRF Loan from the State of North Carolina; and WHEREAS, under the Agreement, the Partners agreed to use SRF Loan funds for Preliminary Work and for design of the Water Reclamation Facility; and WHEREAS, to gain maximum benefit of the SRF Loan, the Partners desire to agree that SRF Loan funds may be used for design of any of the components of the Wastewater Management Facilities; and WHEREAS, the Project Partners have agreed to modify the terms and conditions of the Agreement to allow use of the SRF Loan for design of the Wastewater Management Facilities; and WHEREAS, pursuant to Section 7.1 of Agreement and Article 20 of the North Carolina General Statutes, as amended, units of local government such as the Project Partners are authorized to enter into contracts such as this AMENDMENT NO. 1 for the joint exercise by such units of their powers, functions and public enterprises and entering into this Agreement will carry out the interlocal cooperation objective encouraged by said provisions; NOW, THEREFORE, pursuant to Section 7.1 of Agreement and Article 20, of the North Carolina General Statutes Chapter 160A, and in consideration of the respective rights, powers, duties and obligations hereafter set forth to be performed by the Project Partners, the Project Partners mutually agree as follows: ARTICLE 1 DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions and Rules of Construction. For all purposes of this AMENDMENT NO. 1, except as expressly set forth herein, and unless the context requires otherwise, the terms used herein shall have the definitions specified in Agreement and the Rules of Construction shall be as specified in the Agreement. ARTICLE 2 AMENDMENTS TO AGREEMENT Section 2.1. Amend the Definition of "SRF Loan." The definition of SRF loan contained in ARTICLE 1, Section 1.1 of Agreement shall be amended as follows: "SRF Loan" means the $5,000,000 loan incurred by the Lead Agency from the State of North Carolina State Revolving Fund (SRF) in order to finance certain of the costs of the Preliminary Work and the cost of design of the Wastewater Management Facilities. Section 2.2. Amend Section 2.2 (e) of Agreement. Section 2.2 (e) contained in ARTICLE 2 of Agreement shall be amended as follows: (e) The Lead Agency has previously incurred the SRF Loan in the amount of $5,000,000 from the State of North Carolina. Copies of the loan documentation relating to the SRF Loan have previously been made available to all the Project Partners. Approximately $1,500,000 of the proceeds of the SRF Loan will be applied to pay a portion of the Preliminary Work, which costs are covered by the Land Costs and Preliminary Work Agreement. The balance of the proceeds of the SFR Loan (approximately $3,500,000), will be applied to pay a portion of the design costs of the Wastewater Management Facilities, which costs are "Capital Costs" of the Wastewater Management Facilities. The Lead Agency shall maintain records of the use of the proceeds of the SRF so that the total proceeds may be allocated between the Preliminary Work and the design of the Wastewater Management Facilities. Each payment of debt service with respect to the SRF Loan shall be allocated pro rata to the component of the SRF Loan incurred for the Preliminary Work and to the component incurred for design of the Wastewater Management Facilities. Payments of the portion allocable to the Preliminary Work shall be allocated among the Project Partners in accordance with the Land Costs and Preliminary Work Agreement. Payment of the portion allocable to the design of each component of the Wastewater Management Facilities shall be allocated among Apex, Cary, Holly Springs and Morrisville in accordance with their entitlements to capacity of each component of the Wastewater Management Facilities financed with the SRF Loan as provided in Section 4.1 and Exhibit A of the Agreement. The Lead Agency shall provide to each of the Project Partners a schedule of the debt service payments due on the SRF Loan and of their portion of that debt service. On or before each date the Lead Agency is obligated to make a payment on the SRF Loan, each Project Partner will make a payment to the Lead Agency of the portion of the SRF Loan Payment due from that Project Partner, without further notice, demand, request or other action by the Lead Agency to the Project Partner. ARTICLE 3 MISCELLANEOUS Section 3.1. Effective Date. This Amendment No. 1 shall be effective upon execution by all the parties. Section 3.2 Agreement Remains in Full Force and Effect. Except as specifically amended by this Amendment No. 1, all terms, conditions and provisions of the Agreement remain the same and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed and attested this Agreement by their duly authorized representatives as of the day and year first written above. .7 • Attest: 1.4 ?.IIAIM?6??__ Geor a A. Evangelist Town Clerk Approved as to form: Hen[SEAL] Finance Dire TOWN OF APEX, NORTH CAROLINA ry ordham, Jr., Es .?, Attorney To Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. c Lee Smiley 1* ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE ThisdW*day of??,-C? 2006, personally came before me, a Notary Public in and for the said County and State, Georgia A. Evangelist, who, being by me duly sworn, says that she is the Town Clerk of the Town of Apex, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Board of Commissioners, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Keith H. Weatherly, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal thisoyz`ay o , 2006 O A"4- Notary Pu is My commission expires: ?T da c0007 N07ARY PUBLIC 'r? COUN • • r [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities] [SEAL] Attest: Sue Rowland Town Clerk Approved as to form: U' ristine Simpson, Esq Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. TOWN OF CARY, NORTH CAROLINA By: 0AA(UA&7d= La QUtf? William B. Coleman, Jr. Town Manager Clha?. `S??a -IftmcrrAr-?4rl;s ??y s(?' N}? Finance Director 0 ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This 154 day of JUNL , 2006, personally came before me, a Notary Public in and for the said County and State, Sue Rowland, who, being by me duly sworn, says that she is the Town Clerk of the Town of Cary, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by William B. Coleman, Jr. as Town Manager said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal this 144 day of JML , 2006 "U44tjM1,UdX-VA" Notary Public My commission expires: ? 0 001# • DONNA CARPENELLI TORRISI Notary Public, North Carolina ??- Wake County My Sq/nrni%Eppires [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities] O`v"k of 1101,-, 2 *U13 TOWN OF HOLLY SPRINGS, NORTH [SEAL] CAROLINA By: 1 ? L Richard G. Sears Mayor Attest: ``V rY NoRTN v? Joni Powell Town Clerk Approved as to form: " S.,e - John Schifan q. Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. &C? Drew Holland Finance Director 0 ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE Thiso2!jday of 06, personally came before me, a Notary Public in and for the said County and State, Joni Powell, who, being by me duly sworn, says that she is the Town Clerk of the Town of Holly Springs, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Richard G. Sears, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal this9 ay of 30Lnj9(-,2006 eQans, 0. 0(1 oztie? 04=e`.? Notary Public My commission expires: ° ftBUC' ??'?; del Co` ?%1 0 [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities] [SEAL] Attest: Diana Davis Town Clerk Approved as to form: Frank Gray, Es Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. or LtAAA, W . yl ik 1 ui!'til Julia W. Ketchum Finance Director TOWN OF MORRISVILLE, NORTH By: Jan Faulkner Mayor r ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This day of fiber, 2006, personally came before me, a Notary Public in and for the said County and State, Diana Davis, who, being duly sworn, says that she is the Town Clerk of the Town of Morrisville, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Board of Commissioners, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Jan Faulkner, as the Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand notarial seal this 011 -day of L?,? be- r , 2006 V I/ otary Public My Commissioner expires: l o?i ftu 0 yva' TOWN OFCARY CCN: PW 6-005-02 D E P A R T M E N T ......: PW CONTRACT ADMINISTRATOR .: LEILA GOODWIN ADMINISTRATOR'S PHONE::. 3846 CONTRACT NAME . • WESTERN WAKE RWWMF OWNERSHIP & OPER AGRMT AMDMT 2 CONTRACTOR'S NAME ......: WESTERN WAKE PARTNERS CONTRACT EXPIRATION DATE: AUGUST 31 2055 8/31/2055 TYPE: 4 1=SERVICE 2=EQUIPMENT 3=CONSTRUCTION 4=AGREEMENT 5=REIMBURSEMENT TRANSMITAL INFORMATION: ACTION DATES NOTICE OF AWARD SENT ..... BONDS RECEIVED ..........: * NOTICE TO PROCEED SENT ..: * INSURANCE CERTIF.RECEIVED: * OCCURS AFTER CONTRACT EXECUTION FINANCE INFORMATION CARY BUSINESS LICENSE VERIFIED: ENCUMBRANCE/PO NUMBER: ACCOUNT NUMBER: ((? PROJECT NAME .: oil PROJECT NUMBER : t .,, ttJJ OBLIGATES REVENUE TO THE TOWN: tN1Y OBLIGATES TOWN EXPENDITURE ..: NO CHANGE IN PRESENT ENCUMBRANCE/PO COMMITTEE APPROVALS: ACTION DATES OTHER APPROVALS: ACTION DATES SAFETY/PUBLIC WORKS ..: 6/07/2007 COUNCIL .........: 6/14/2007 PLANNING & DEVELOPMENT: BUDGET ADJUSTMENT: FINANCE/PERSONNEL ..... OTHER: ? f 1 DEPARTMENT APPROVAL DATE: j•z-(?}? ?(? F INITIALS :#7ACld& DATE IN: l OC.ti} ACTION DATE : COMMENTS. T 0 W N A !TIFJ3 rr R N E Y (Approved as to form only) 11+ fl Aleck INITIALS : 1 DATE IN : ? 1 cjt07 ACTION DATE : /? i fl it COMMENTS : 6W";r (p 61'W04- la,, OcGnC4 T O W N M A G E R INITIALS : J1 ?4?/ DATE IN: ACTION DATE : COMMENTS: -7 " " TO MAYOR FOR SIGNATURE T 0 W N C L E R K INITIALS: COMMENTS: EXECUTED DATE : /Ol30 107 STATUS: 4 1=NEW 2=RENEWAL 3=REVISION 4=CHANGE ORDER " ATTORNEY'S REVIEW NOT REQUIRED. l.? ??JJ NORTH CAROLINA WAKE COUNTY AMENDMENT NO.2 TO THE AGREEMENT FOR DESIGN, CONSTRUCTION, OWNERSHIP, MANAGEMENT AND OPERATION OF WESTERN WAKE REGIONAL WASTEWATER MANAGEMENT FACILITIES This AMENDMENT NO. 2 TO THE AGREEMENT FOR DESIGN, CONSTRUCTION, OWNERSHIP, MANAGEMENT AND OPERATION OF WESTERN WAKE REGIONAL WASTEWATER MANAGEMENT FACILITIES dated August 22, 2005 ("Amendment No. 2"), made and entered into this the day of &A,5 e- 2007, by and among the Town of Apex ("Apex"), the Town of Cary ("Cary"), the Town of Holly Springs ("Holly Springs"), and the Town of Morrisville ("Morrisville" and, collectively with Apex, Cary and Holly Springs, the "Project Partners"), each of which is a municipal corporation organized and existing under the laws of North Carolina, as authorized by the provisions of North Carolina General Statutes, Chapter 160A, Article 20. WITNESSETH WHEREAS, the Project Partners have entered into an Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities dated August 22, 2005, and Amendment No. 1 dated October 27, 2006 (the "Agreement"), which Agreement provides in Section 7.1 that amendments relating to "design, construction, operation or sharing of costs of the Treated Effluent Pumping and Conveyance Facilities" (as such terms are defined in Agreement) shall be in writing and by mutual agreement of the governing bodies of the Project Partners; and WHEREAS, the Technical Advisory and Policy Advisory Committees for the Western Wake Partners have both recommended changing the design criteria for the Effluent Pipeline and Outfall; and WHEREAS, such change would modify the share of capacity allocated to each Partner to meet projected 2030 needs; and WHEREAS, such change affects the Partners' cost shares for the Effluent Pipeline and Outfall; and WHEREAS, the project partners have agreed to add the Beaver Creek Gravity Sewer and the Beaver Creek Trunk Sewer and Tunnel to the scope of the project; and WHEREAS, the Project Partners have agreed to modify the terms and conditions of the Agreement to update the pro-rata cost shares accordingly; and • • WHEREAS, pursuant to Section 7.1 of Agreement and Article 20 of the North Carolina General Statutes, as amended, units of local government such as the Project Partners are authorized to enter into contracts such as this AMENDMENT NO. 2 for the joint exercise by such units of their powers, functions and public enterprises and entering into this Agreement will carry out the interlocal cooperation objective encouraged by said provisions; NOW, THEREFORE, pursuant to Section 7.1 of Agreement and Article 20, of the North Carolina General Statutes Chapter 160A, and in consideration of the respective rights, powers, duties and obligations hereafter set forth to be performed by the Project Partners, the Project Partners mutually agree as follows: ARTICLE 1 DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions and Rules of Construction. For all purposes of this AMENDMENT NO. 2, except as expressly set forth herein, and unless the context requires otherwise, the terms used herein shall have the definitions specified in Agreement and the Rules of Construction shall be as specified in the Agreement. ARTICLE 2 AMENDMENTS TO AGREEMENT Exhibit A. Amend the Pro-Rata Shares and Capacities Table A-3, which includes pro-rata cost shares and capacities for the Effluent Pipeline and Outfall, will be replaced with Table A-3 included in this AMENDMENT NO. 2, which is identify with the footer (Exhibit A (revised 08-24-07)). 0 ARTICLE 3 MISCELLANEOUS Section 3.1. Effective Date. This AMENDMENT NO.2 shall be effective upon ratification by resolution of each governing board spread upon the minutes and execution by all the parties. Section 3.2 Agreement Remains in Full Force and Effect. Except as specifically amended by this AMENDMENT NO. 2, all terms, conditions and provisions of the Agreement, as amended in AMENDMENT NO. 1, remain the same and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed and attested this Agreement by their duly authorized representatives as of the day and year first written above. TOWN OF APEX, NORTH CAROLINA [SEAL] Attest: Geo is A. Evangeli MIRCG Town Clerk ' Approved as to form: Henry ordham, Jr., Esq: ow Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. t Lee Smiley Finance Director c je it H. . Weatherly ayor • 0 ACKNOWLEDGEMENT 0 STATE OF NORTH CAROLINA COUNTY OF WAKE This gy day of ,B , 2007, personally came before me, a Notary Public in and for the said County and State, Georgia A. Evangelist, who, being by me duly sworn, says that she is the Town Clerk of the Town of Apex, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Board of Commissioners, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Keith H. Weatherly, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal this -RtWday of(1'046EP-_ , 2007 Notary Public My commission expires: N./ 1-n e. ?tV 610h), NOTARY ?Q ?t PUBLIC G' ?n CoU %m lint 0 [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities] as to Stine Simpson, Esq. Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. Karen. Mills Finance Director TOWN OF CARY, NORTH CAROLINA By: w "'t. Z?_ Ci L", William B. Coleman, Jr. Town Manager • • Sue Rowland Town Clerk 0 ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This 14 day of 2007, personally came before me, a Notary Public in and for the said County and State, Sue Rowland, who, being by me duly sworn, says that she is the Town Clerk of the Town of Cary, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by William B. Coleman, Jr. as Town Manager said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal this #'?day of Qebb" , 2007 wuftw? Notary Publi My commission expires: ??N C• G? rCo?cr, r /a?a ?ae/ t L NOTARY * PUBLIC 40 [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities] TOWN OF HOLLY SPRINGS, NORTH CAROLINA [SEAL] -4 Q p Attest: 9A? Joni Powell Town Clerk Approved as to form: John Schifano, E Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. Drew Holland Finance Director Z( ) ( 4-c- By: Richard G. Sears Mayor E ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE This 1-1 day of , 2007, personally came before me, a Notary Public in and for the said County and S , Joni Powell, who, being by me duly sworn, says that she is the Town Clerk of the Town of Holly Springs, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Town Council, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Richard G. Sears, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal this a*7 day of 2007 bP R' hq,Q No PA IC My commission expires: A,? tary r r -'Ova couN' • 0 [Counterpart signature page to Agreement for Western Wake Regional Wastewater Facilities] TOWN OF MORRISVILLE, NORTH CAROLINA [SEAL] Attest: 10. oaro_ & Qo'-A'C? Diana Davis Town Clerk Approved as to form: N.Or Frank Gray, Esq. Town Attorney This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. *u.Ltlj, G.J.. Q# un/ Julia W. Ketchum Finance Director By: au?ngy=x'! Jan Faulkner Mayor Page 9 of 21 • • ACKNOWLEDGEMENT • STATE OF NORTH CAROLINA COUNTY OF WAKE This _L±1? day of t Attg..C, 2007, personally came before me, a Notary Public in and for the said County and State, Diana Davis, who, being by me duly sworn, says that she is the Town Clerk of the Town of Morrisville, North Carolina, a municipal corporation duly organized and validly existing under the laws of the State of North Carolina and acting through its Board of Commissioners, and by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by Jan Faulkner, as Mayor of said Town, sealed with its seal, and attested by herself as the Town Clerk. WITNESS my hand and notarial seal this day of t4, 2007 Notary Public • My commission expires: May 1413of t (P m (tF3OC?--1`?? CUUN. Page 10 of 21 Exhibit A Project Scope Description Western Wake Regional Wastewater Management Facilities 1.0 Project Description The Phase 1 Western Wake Regional Wastewater Management Facilities are shown in Figures A-1 and A-2. The list of shared facilities includes the following: 1) West Cary Pump Station (PS) 2) West Cary Force Main - from West Cary PS to West Reedy Branch Gravity Sewer PS 3) West Reedy Branch Gravity Sewer - from West Cary Force Main to Beaver Creek PS 4) Beaver Creek Gravity Sewer - Gravity Sewer being implemented for Town of Apex as part of Project 5) Beaver Creek Trunk Sewer and Tunnel - Tunnel to Beaver Creek PS required for PS location to work for all Partners 6) Beaver Creek Pump Station 7) Beaver Creek Force Main - from Beaver Creek PS to Western Wake Water Reclamation Facility (WRF) 8) Western Wake WRF 9) Effluent Pump Station - located on the Western Wake WRF site 10) Effluent Pipeline and Outfall - from Effluent Pump Station to Cape Fear River below Buckhorn Dam Wastewater from Cary, Morrisville, and RTP South will enter the system at the West Cary PS. Wastewater from Apex will enter the system at two points along the alignment of the West Reedy Branch Gravity Sewer between the West Cary Force Main and the Beaver Creek PS. The two points of entry for Apex will be along Reedy Branch and Beaver Creek. The Town of Holly Springs plans to continue to use its Utley Creek WRF to treat its wastewater, but the Town will share an outfall with the other communities to discharge Holly Springs' effluent to the Cape Fear River. Treated effluent from Holly Springs' Utley Creek WRF will enter the system at the Effluent Pump Station located at the Western Wake WRF. Table A-1 summarizes the project components, their Phase 1 hydraulic capacity, capital costs, and land costs. 2.0 Project Partners' Flows and Facility Hydraulic Capacities Table A-2 presents the Project Partners' projected maximum month flows, which have generally been used to size the facilities. The WRF is sized based on maximum month flows, the discharge is permitted based on maximum month flows, and pump stations and pipelines are sized based on peak hourly flow rates. The effluent pump station, pipeline and outfall are sized based on maximum month flows. Key assumptions that have been made for all partners is are that maximum monthly flows are 1.18 times average annual flows for Cary and Morrisville and 1.23 times average annual flows for Apex and 1.20 times average annual flows for Holly Springs, and that peak hourly flow rates are 3.1 times average annual flows. Water quality and loading considerations are discussed in Section 3.0. Generally, the Phase 1 facilities are based on the partners' needs for 2020. However, consideration for 2030 needs has been included when planning the facilities and in the case of gravity sewers, such as the West Reedy Branch Gravity Sewer and Beaver Creek Gravity Sewer, as well as the Effluent Pipeline and Outfall, because it will be more cost effective to build for 2030 needs in Phase 1 than to parallel these pipelines at a later date. Table A-2 Flow Projections for Western Wake Regional Wastewater Management Facilities Town Maximum Month Flows (mgd) 2020 2030 Apex 6.2 9.9 Cary (including RTP South) 10.5 16.3 Holly Springs 6.0 83 Morrisville 1.5 2.3 Total 24.2 36.8 Table A-3 presents the partners' pro-rata cost shares and resulting hydraulic capacity in each facility. For the WRF, these pro-rata shares also represent each partners' share of pollutant loading capacity. 3.0 Western Wake WRF Pollutant Removal Capacity The Western Wake WRF has been planned and will be designed to achieve compliance with NPDES permit limits for discharge to the Cape Fear River below Buckhorn Dam. Speculative effluent discharge limits were documented in a letter dated December 15, 2004 from the N.C. Division of Water Quality (NCDWQ) for two discharges - one from the Western Wake WRF and one from the Utley Creek WWTP. The two discharges will have compliance points upstream of where they join at the Treated Effluent Pump Station site for conveyance to the outfall to the Cape Fear River. The limits apply to a Western Wake WRF discharge rate of 30 mgd and an Utley Creek WWTP discharge rate of 8 mgd, or a total of 38 mgd, and the limits as they apply to the Western Wake WRF are summarized in Table A-4. • Table A-4 Speculative Limits for Western Wake Regional Water Reclamation Facility W ?r. ill Effluent Characteristics Monthly Average Weekly Average Daily Maximum Seasonal Average (April - October) Flow 30 MGD B0D5i Summer 5.0 mg/L 7.5 mg/L BODS, Winter 10.0 mg/L 15.0 mg/L TSS 30.0 mg/L 45.0 mg/L NH3 as N, Summer 1.0 mg/L 3.0 mg/L NH3 as N, Winter 2.0 mg/L 6.0 mg/L DO' 6.0 mg/L TRC4 28 ug/L Fecal coliform (geometric mean) 200 /100 nil 400 /100 ml TI'2 5001b/day TN3 1501 lb/day ' Compliance for DO will be measured at the WRF compliance point and evaluated as a daily average concentration 2 Limit based on 2 mg/L IT. For lower flow limits, limit would be based on 2 mg/L and the lower permitted flow 3 Limit based on 6 mg/L TN. For lower flow limits, limit would be based on 6 mg/L and the lower permitted flow 4Limit to be applied only if chlorine is used for disinfection The Western Wake WRF will provide treatment for raw wastewater flows from the western Cary service area and the western (Haw River) portion of the Apex service area. Wastewater flows from the western Cary service area include flows from the Wake County portion of Research Triangle Park (referred to as RTP South). 4.0 Capital Costs E Preliminary estimates of capital costs have been developed for the Western Wake Regional Wastewater Management Facilities. The cost for each project component and the allocation of costs for each Project Partner for each facility, based on the pro-rata shares presented in Table A-3, are presented in Table A-5. These costs do not include land costs - those costs are ad-dressed in Section 5.0. is The capital cost estimates include allowances for legal, financial, engineering, construction, and a 15 percent contingency for construction. Preliminary estimates are generally considered to have an accuracy of +20% to -10%. The accuracy of the capital cost estimates will increase as the project moves through the process from preliminary design to-detailed design, and eventually to project bidding and actual construction. Cost estimates developed for the Western Wake Regional Wastewater Management Facilities were prepared using cost curves, vendor quotes for equipment, previous cost estimates for similar projects and unit process equipment of similar size and/or complexity, historical data from comparable work, estimating guides, and handbooks. Final project construction costs at the time of bidding and award will depend on actual labor, materials and equipment costs; competitive market conditions; actual site conditions; final project scope; actual level of treatment required; implementation schedule; and other factors that cannot be quantified at the current level of detail. Capital costs were developed in 2008 dollars, which represents when construction is anticipated to begin. Portions of the West Cary PS have been constructed early to allow Cary to pump wastewater north to the Kit Creek PS prior to 2011. Capital costs shown in Table A- 1 as "West Cary PS Phase 0" are for oversizing the base structure of the West Cary PS, and include $4,943,000 in costs that are being incurred in fiscal years 2006 and 2007 Capital costs shown in Table A-1 as "West Cary PS Phase 1" are for modifying and expanding that pump station by 2011 to serve the regional needs of the project partners' through 2020. 5.0 Land Costs Land costs for the West Cary Pump Station, Beaver Creek Pump Station, Western Wake WRF and Effluent Pump Station are shared among the partners according to the Land Costs and Preliminary Work Agreement, as further amended (for the West Cary Pump Station) in this Agreement. Land costs for the pipelines and the outfall structure win be shared as provided in this Agreement. Adjustments to other land costs in the Land Costs and Preliminary Work Agreement are also included in this agreement. Table A-6 presents the pro-rata land cost shares for the Wastewater Management Facilities. 6.0 Total Costs Table A-7 summarizes total estimated project costs for each partner. 1?_J Table A-1: Phase 1 Project Component Capacities and Costs Land Costs, Capacity Capital Costs Land costs, Subtotal, Land and Facility (mgd) (FY2008 $) This This Preliminary Total Costs Agreement Agreement Work Agreement West Cary PS Phase 0 30.71.3 $4,543,000 $0 $4,543,000 $400,000 $4,943,000 West Cary PS Phase 1 30.71.3 $7,305,249 $0 $7,305,249 $0 $7,305,249 West Cary Force Main 30.71.3 $7,254,638 $ 410,800 $7,765,438 $99,000 $7,764,438 West Reedy Branch Gravity Sewer 50.6 2.3 $9,208,281 $260,400 $9,468,681 $0 $9,468,681 Beaver Creek Gravity Sewer 6.9 2.4 $1,211,890 $70,000 $1,281,890 $0 $1,281,890 Beaver Creek Trunk Sewer and Tunnel 6.9Z4 $4,609,500 $65,500 $4,675,000 $0 $4,675,000 Beaver Creek PS 39.41.3 $17,593,873 $0 $17,593,873 $580,000 $18,173,873 Beaver Creek Force Main 39.41,3 $14,23,395 $619,700 $14,743,095 $124,000 $14,867,095 Western Wake WRF 18.21.4 $134,124,814 $0 $134,124,814 $7,585,000 $141,709,814 Effluent Pump Station 24.21.4 $9,678,169 $0 $9,678,169 $1,235,000 $10,913,169 Effluent Pipeline and Outfall 36.82-4 $32,307,341 $141,900 $33,772,241 $1,323,000 $33,772,241 $241,960,150 $1,568,300 $243,528,450 $11,346,000 $254,874,450 1 Based on 2020 flows 2 Based on 2030 flows Peak hourly flow rate Maximum month flow rate • E 11 Table A-3: Phase 1 Pro-rata Shares and Hydraulic Capacity (mgd), Western Wake Regional Wastewater Management Facilities Facility Apex Ca Holly Springs s Morrisville Total West Cary PS Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capacity i (peak hourly) 0 27.0 0 3.7 30.7 West Cary Force Main Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capacity 1 (peak hourly) 0 27.0 0 3.7 30.7 West Reedy Branch Gravity Sewer Pro-rata Share (%) 9.3% 78.7% 0% 12.0% 100% Capacity 1 peak hourly) 4.7 39.8 0 6.1 50.6 Beaver Creek Gravity Sewer Pro-rata Share (%) 100% 0% 0% 0% 100% Capacity 1 (peak hourly) 6.9 0 0 0 6.9 Beaver Creek Trunk Sewer and Tunnel 1 Pro-rata Share (%) 50.0% 43.8% 0% 6.2% 100% Capacity 1 (peak hourly) N/A N/A N/A N/A 0.0 Beaver Creek PS Pro-rata Share (%) 21.3% 69.0% 0% 9.7% 100% Capacity 1 (peak hourly) 8.4 27.2 0 3.8 39.4 Beaver Creek Force Main Pro-rata Share (%) 21.3% 69.0% 0% 9.7% 100% Capacity 1 (peak hourly) 8.4 27.2 0 3.8 39.4 Western Wake WRF Pro-rata Share 2 (%) 34.1% 57.8% 0% 8.2% 100% Capacity 1(max month) 6.2 10.5 0 1.5 18.2 Effluent Pump Station, Pipeline and Outfall Design Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Effluent Pump Station Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capacity 1(max month) 6.2 10.5 6.0 1.5 24.2 Effluent Pipeline and Outfall Pro-rata Share (%) 26.9% 44.3% 22.5% 6.3% 100% Capacity 1 (max month) 9.9 16.3 8.3 2.3 36.8 1 Sizing and capacity allocations for West Reedy Branch Gravity Sewer, Beaver Creek Gravity Sewer, and the Effluent Pipeline and Outfall are based on 2030 flows; all others based on 2020 flows 2 Pro-rata Shares for Western Wake WRF also apply to the pollutant loading capacity allocated to each partner. 0 Table A-5: Phase 1 Pro-rata Shares and Estimated Capital Costs I, Western Wake Regional Wastewater Management Facilities: Facility Apex Cary Holly Morrisville Total Springs West Cary PS Phase 0 Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capital Cost $0 $3,988,754 $0 $554,246 $4,543,000 West Cary PS Phase 1 Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capital Cost $0 $6,414,009 $0 $891,240 $7,305,249 West Cary Force Main ? Pro-rata Share (%) 0% 87.8% 0% 12.2% 100% Capital Cost $0 $6,369,572 $0 $885,066 $7,254,638 West Reedy Branch Gravity Sewer Pro-rata Share (%) 9.3% 78.7% 0.0% 12.0% 100.0% Capital Cost $856,370 $7,246,917 $0 $1,104,994 $9,208,281 Beaver Creek Gravity Sewer Pro-rata Share (%) 100.0% 0.0% 0.0% 0.0% 100.0% Capital Cost $1,211,890 $0 $0 $0 $1,211,890 Beaver Creek Trunk Sewer and Tunnel Pro-rata Share (%) 50.0% 43.8% 0.0% 6.2% 100.0% Capital Cost $2,304,750 $2,018,961 $0 $285,789 $4,609,500 Beaver Creek PS Pro-rata Share (%) 21.3% 69.0% 0.0% 9.7% 100.0% Capital Cost $3,720,529 $12,052,416 $0 $1,694,325 $17,467,270 Beaver Creek Force Main Pro-rata Share (%) - 21.3% 69.0% 0.0% 9.7% 100.0% Capital Cost $3,008,283 $9,745,143 A $0 $1,369,969 $14,123,395 Western Wake WRF Pro-rata Share {%) 34.1% 57.7% 0% 8.2% 100% Capital Cost $45,550,794 $77,075,683 $0 $10,953,563 $133,580,040 Effluent Pump, Pipeline and Outfall Design Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capital Cost $347,750 $589,546 $336,883 $84,221 $1,358,400 Effluent Pump Station Constructi on and Services During Construction Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capital Cost $2,303,877 $3,905,792 $2,231,881 $557,970 $8,999,520 Effluent Pipeline and Outfall Construction and Services During Construction Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capital Cost $8,446,320 $13,909,739 $7,064,766 $1,978,134 $31,398,960 Western Wake SCADA Pro-rata Share (%) 25.6% 43.4% 24.8% 6.2% 100% Capital Cost $230,402 $390,603 $223,202 $55,800 $900,007 Total Capital Cost $67,980,965 $143,707,135 $9,856,732 $20 415 319 , , $241,960,150 I Not including land costs. Table A-6: Phase 1 Pro-rata Shares and Estimated Land Costs, Western Wake Regional Wastewater Management Facilities Facility Apex Cary Holly Springs Morrisville Total West Cary PS Pro-rata Share (%) 0% 87.5% 0% 12.5% 100% Ca itaI Cost $0 $350,000 $0 $50,000 $400,000 West Cary Force Main Pro-rata Share (%) 0% 87.5% 0% 12.5% 100% Capital Cost $0 $446,075 $0 $63,725 $509,800 West Reedy Branch Gravity Sewer Pro-rata Share (%) 10.6% 78.2% 0% 11.2% 100% Capital Cost $27,602 $203,633 $0 $29,165 $260,400 Beaver Creek Gravity Sewer Pro-rata Share (%) 100.0% 0.0% 0.0% 0.0% 100.0% Capital Cost $70,000 $0 $0 $0 $70,000 Beaver Creek Trunk Sewer and Tunnel Pro-rata Share (%) 50.0% 43.8% 0.0% 6.2% 100.0% Capital Cost $32,750 $28,689 $0 $4,061 $65,50 0 Beaver Creek PS . ? Pro-rata Share (%) 34.7% 57.2% 0.0% 8.1% 100.0% Capital Cost $201,260 $331,760 $0 $46,980 $580,000 Beaver Creek Force Main Pro-rata Share (%) 34.7% 57.2% 0% 8.1% 100% Capital Cost $258,064 $425,396 $0 $60,240 $743,700 Western Wake WRF Pro-rata Share (%) 34.7% 57.2% 0% 8.1% 100% Capital Cost $2,631,995 $4,338,620 $0 $614,385 $7,585,000 Effluent Pump Station Pro-rata Share (%) 26.9% 44.3% 22.5% 6.3% 100% Capital Cost $332,215 $547,105 $277,875 $77,805. $1,235,000 Effluent Pipeline and Outfall Pro-rata Share (%) 26.9% 44.3% 22.5% 6.3% 100% Capital Cost $394,058 $648,950 $329,603 $92,289 $1,464,900 Total Cost Land Costs and Preliminar y Work A eement $3,165,470 $5,567,485 $277,875 $789,170 $9,800,000 Adjustments to Land Costs and Prelimina Work Ag reement $782,474 $1,752,743 $329,603 $249,479 $3,114,300 Total Land Cost $3,947,944 $7,320,228 $607,478 $1,038,649 $12,914,300 Table A-7: Phase 1 Total Costs, Western Wake Regional Wastewater Management Facilities Apex Cary Holly Morrisville Total S rin s Capital Costs, excluding Land $67,980,965 $143,707,135 $9,856,732 $20,415,319 $241,960,150 Adjustments to Values in Land Costs and Preliminary Work A reement $782,474 $1,752,743 $329,603 $249,479 $3,114,300 Subtotal, this $68,763,439 $145,459,878 $10,186,335 $20,664,798 $245,074,450 Agreement Land Costs, Land Costs and Preliminary Work Agreement $3,165,470 $5,567,485 $277,875 $789,170 $9,800,000 Total Estimated $71,928,909 $151,027,363 $10,464,210 $21,453,968 $254,874,450 Cost • • 0 • • • van Cary Pump statlon a. Mauls i .. .....__..__.. i...S.%!?......'i.aa Upper Crew** Pranp Shtlan A+ e - .} y Um" E es 1. 1 ' H 1 IC t 4' Tom. ? K i tt ?hch r-+ `fT?` , 1 WON Cary Force iYh ; ?w '° on Cc.: S C v Ra«Qt Branch QtaVlly sewn' /lpex Point Beaver Crwk Pump $tanen' Reedy ; j of t?try a? i APEX . f l( I t .1 'HI A t s.a?.r a. cra.ray aw.r c t- l N T .l ? ?" {= _? Apex Pont o ,, ?'r? ' 04 n ?! BMW Creak Force Main ,?. Beawr CreekTnn* Sewer Tunniall i 1?e J & - N ? -1'' MddN Cnek WMiRP ?1,? . ' , i ' WaslernWOKO WRF i r i I Holly Sprlnps POW of En&y @AM/e r ,Fro 1 YD • .I To Cape Fear River i i t15 54 r ,? "' v Y 3u Uney Crak W ' P Figure A-1 ® Ptep.5leren ? er?e.n.a.e.dor,Fweny ® r jdw Power PW mw w eUCidm Oem Mid -- hww.rr?yM.y rr+eu aM Stuns L*ecrmm( dne wiM elder ort.MJNewrPOwwrPNnt REGIONAL WASTEWATER MANAGEMENT FACILIMS • 1 ] 0 C W 1. 1 F I \? \N K ` _ REGIONAL WASTEWATER MANAGEMENT FACILITIES • ?P 873 . \ \T 2 \'y CAa? TOWN OF APFX, NORTH CAROLINA OFFICE OF THE TOWN CLERK Georgia A. Evangelist, MMC PO 80X 250, APEX, NC 27502 Phone (919) 2493303 or Fax (919) 249.3305 E-mail: georgia.evangelist@apexnc.org CLERK'S CERTIFICATION STATE OF NORTH CAROLINA COUNTY OF WAKE I, Georgia A. Evangelist, MMC, Town Clerk, Town of Apex, North Carolina, Wake County, do hereby 01 certify the attached is a true copy of an original Resolution No. 07-1002-21, "Town of Apex, North Carolina, Resolution Approving an Interlocal Agreement Being Amendment No. 2 to the Agreement for Design, Construction, Ownership, Management and Operation of the Western Wake Regional Management Facilities (Hereinafter `The Agreement)", with executed original document attached, and having been formally adopted by the Town Council of Apex, North Carolina at their October 2, 2007 meeting, with an original having been filed in the permanent minutes in the Town Clerk's Office, Apex Town Campus, 73 Hunter Street, Apex, North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the Town of Apex, North Carolina, this the 8th. day of October 2007. 2bazaGtr - Georgia A. Evangelist, MMC Town Clerk, Apex, North Carolina • 1873 RESOLUTION NO. 07- 1 o 0 2 2 i TOWN OF APEX RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BEING AMENDMENT NO.2 TO THE AGREEMENT FOR DESIGN, CONSTRUCTION, OWNERSHIP, MANAGEMENT AND OPERATION OF THE WESTERN WAKE REGIONAL MANAGEMENT FACILITIES (HEREINAFTR "THE AGREEMENT") Councilman rtes moved, seconded by Councilman , and the Town of Apex Town Council (the "Council") approved by a vote of to ,that the following Resolution be adopted by the Council: WHEREAS, THE Parties to the Agreement propose and desire to enter into Amendment No. 2 to the Agreement pursuant to G.S. § 160A-461 (hereinafter the "Amendment No. 2"); and WHEREAS, at its regular meeting on the 18th day of September, 2007, the Council considered the proposed Amendment No. 2, a copy of which is attached hereto and incorporated by reference as if fully set forth herein; and WHEREAS, the Council has determined that adopting Amendment No. 2 is in the best interests of the Town of Apex; and WHEREAS, the Council has determined that the Town of Apex should enter into the Agreement. NOW, THEREFORE, BE IT RESOLVED that the Town of Apex Town Council hereby (i) determines to enter into the Agreement and (ii) authorizes and directs the Mayor and Town Clerk to execute the Agreement on behalf of the Town of Apex. This the ??day of fir, 2007. By ATTEST: hw,o mv A" /9. t 4-J Georgia . Evangelist, Town erk, MMC HcAtaa\Sewer-interlocal wastewater ageementUesolution approving interlocal agreement-amendment no 2 0 TOWN OF MORRISVILLE * PO BOX 166 * MORRISVILLE, NC 27560 RESOLUTION 2007-123 OF THE MORRISVILLE TOWN BOARD OF COMMISSIONERS PERTAINING TO AMENDING THE ' TOWN'S AGREEMENT WITH THE PARTNERSHIP FOR THE WESTERN WAKE REGIONAL WASTEWATER MANAGEMENT FACILITIES (Amendment No. 2) WHEREAS, the Town of Morrisville is a member of the Partnership for the Western Wake Regional Wastewater Management Facilities ("Partnership"); and WHEREAS, the purpose of the Partnership is to assure the long-term provision of reliable water and sewerage services to residents of western Wake County, including residents of the Town of Morrisville; and WHEREAS, the Project Partners have entered into an Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities dated August 22, 2005, and Amendment No. 1 dated October 27, 2006 (the "Agreement'j, which Agreement provides in Section 7.1 that amendments relating to "design, construction, operation or sharing of costs of the Treated Effluent Pumping and Conveyance Facilities" (as such terms are defined in Agreement) shall be in writing and by mutual agreement of the governing bodies of the Project Partners; and WHEREAS, the Technical Advisory and Policy Advisory Committees for the Partnership have both recommended changes to the Agreement as described in the attached Exhibit A, including updating flow estimates, changing the design criteria for the Effluent Pipeline and Outfall, adding Beaver Creek Gravity Sewer (at the request of the Town of Apex), adding Beaver Creek Trunk Sewer and Tunnel, revising figures with updated estimates of facility locations, updating cost estimates to FY 2008 dollars, and adding SCADA (supervisory control and data acquisition) facilities; and WHEREAS, the cost of the Beaver Creek Gravity Sewer is to be borne 100% by the Town of Apex, with no cost allocation to the Town of Morrisville residents; and WHEREAS, such changes would modify the share of capacity allocated to each Partner to meet projected 2030 needs; and WHEREAS, such change affects the Partners' cost shares for the Effluent Pipeline and Outfall; and WHEREAS, such change represents an increase of $1.9 Million for the Town of Morrisville residents, said expense to be spread out over a roughly 20 year period through the year 2030; and WHEREAS, the Project Partners have agreed to modify the terms and conditions of the Agreement to update the pro-rata cost shares accordingly: Page 1 of 2 NOW9 THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN BOARD OF COMMISSIONERS approves the revisions to the Agreement as enumerated in the attached Amendment No. 2 and adopts the revised Agreement. Adopted this 24`b day of September 2007. Faulkner, Mayor ATTEST: n.. IL Aw. Aan. Davis, Town Jerk r Page 2 of 2 • I ]l • • • Appendix B WRF Site Jurisdictional Determination Map 0 11R}I4116 03tr3MAO 3k a sOINY"..H W n wsvaar -0 S3aoY f69'4 -U-W S31yoY 94t "o !"'"' r"" wvukl S380Y 140'0 ?" „' arrzi S3aoY 9z0'o S3aoY L41'0 S3aoY 060.0 S31y.?Y t01'0 S380Y 190'0 hnv uw wrrrU S3aoY ft0'0 S380Y 19010 S3aoY 691'0 hax Saw """°3^? S380V zS0'0 Mw s« an uu S3a.0Y 061'0 " ?" owu ;38ov 6SO'0 S3aoY 901.0 r aaruU S380Y 09f'0 " " a» xU s38oY 4lL'0 ?'' ^' °^'u1't' S3aoY f4S'0 r xn "" w^,e>Mr S3aoY 940'0 53aaYfol'0 S380V 190'0 S380Y 910'0 h3^` ?" ®^ S380Y L 4f'0 N- - -,w S3aoY 920'0 S3aoY 901'0 S3aoY 11010 r S 4^? S3aoY f 16'1 lraer . oNaa) s3e0Y 6z 10 3ik, W7 A33i Nt 3iY,?S .694 ,OOf 7JL ,C L.nxxf? .?6 ttlvXp74 viM' ,,,` V31p! B.WJV.O ST]Wim? 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S380V 641 0 :, raw z3« exrnfaa F,,, S38oY zu -0 -- xti? s s3aoY fzs'o S3aoY ZSO'0 ". - " x raw 13w ONVU-0 MY 9FZ 0 ? K . p f ?I AM ONYWM . . f ? " X5 73,N ? $3a0Y f90'0 S380b` f16'1 ? ? Y3N? 12M ONr}I3M k38Y t CAOd 111 / . /[ p ...w f ? S3aoY 150 0 "`+?, ,?.( ,t(! t cr+? _ ?. t„'' raw+ owu3M 1 -•? k ??` ' ' 4 . S3aoY 190 0 !r ,?wrn.srlme ?'1=--'' U Yaw Lae {IM-U3M D iri S3aoY 940 0 ! Y3xY ! kM CNYf13M - . -.g, S3aoY 060'0 A % ?Y3w 7M I7NY113M ?? , , • , " 1 " - "s S3aoY 611 0 r n L "? r3ar aroe0 OP , 7. s. y- t` „c 3 S3aoY t z0 v-?im,, r.,xr zrM CN ? 080Y tti G°" raw ea oNn dye M MI aM 'r?wrNJ ' ?' ' ' " >3Y b BZ :a ?, 0 ,? (MGM 'S e ` - nYMH- 'VH 1 •3•n 070 qp, 2 ~` 1 t tt -?-?,,?,+? ? ??,• a ?- .-> r -, .h 1 S3aoY 401'0 am ? ro ago- e+s In Vmu+` roa .., •, '*- s 73NNmO 0 0 0 Appendix C Road Access to WRF Site - Preliminary Jurisdictional Determination Package • 0 CH2MH! Western Wake WRF Access Road Corridor - Wetland Delineation Data Package PREPARED FOR: Jamie Shern/ USACE PREPARED BY: Adam Sharpe/ CH2M HILL COPIES: Scott Freeman/CH2M HILL Ruth Swanek/ CH2M HILL DATE: June 26, 2007 The following is a data package containing information obtained during a wetland delineation performed on April 12, 2007 at the parcel where an access road corridor may be located to provide access to the proposed Western Wake WRF location. A locator map has been attached for reference. During the course of the wetland delineation one wetland area (WY), one perennial (SZ) and one intermittent (SY) stream were identified within the delineation area boundary, stream locations referenced on wetland boundary map. The following is a sequential list of what has been included in this data package: 1. Site locator map 2. USACE 1987 Manual wetland delineation data forms 3. Wetland boundary map, containing delineated wetland and streams 4. NC DWQ stream determination forms 5. USACE stream quality forms (no macroinvertebrate surveys were completed) 6. USACE preliminary jurisdictional determination form (added in Feburary 2009) E • This page has been intentionally left blank. • 0 0 Site Locator Ma 0 This page has been intentionally left blank. • 0 • • • CH2MHILL 9 Wetland Delineation data forms • 0 This page has been intentionally left blank. • 0 • • 0 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: WWRWWMF (Road Site) Date: 4/12/2007 Applicant / Owner: Western Wake Partners County: Wake Investigator: AJS/SLF State: NC Do normal circumstances exist on the site? Yes X No Community WY100 Is the site significantly disturbed (Atypical situation)? Yes No X 'Transect ID Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Likustrum sinense S FAC 9. 2. Smilax V OBL 10. 3. Loniceraaponica V FAC- 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 2/3 - 67% Remarks: Area dominated by Chinese Privett (Ligustrum sinense) HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators - Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other Inundated X Saturated in Upper 12" X No Recorded Data Available Water Marks _ Drift Lines Field Observations: Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: Depth to Free Water in Pit: 8 (in.) X Oxidized Roots Channels in Upper 12" Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: FAC-Neutral Test Other (Explain in Remarks) Remarks: Significant Rain event within the last 24 hours. *Many areas ponded and flow from stream SY. SOILS Map Unit Name (Series and Phase): Worsham Series Drainage Class: Poorly Drained Taxonomy (Subgroup): Worsham Sandy Loam Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 B I e 10 YR 4/2 Silty Clay 6-12 B21z _ 10 Y/R 6/1 Silty Clay Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List X Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Area of soils sampled taken directly adjacent to a drainage pattern, O and A horizon likely washed away over time. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes X No Hydric Soils Present? Yes X No Remarks: Is the Sampling Point Within a Wetland? Yes X No 0 .J C • • 0 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: WWRWWMF (Road Site) Date:04/1212007 Applicant / Owner: Western Wake Partners County: Wake Investigator: AJS/SLF State: NC Do normal circumstances exist on the site? Yes X No Community Upland Is the site significantly disturbed (Atypical situation)? Yes No X WY Is the area a potential problem area? Yes No X Transect ID (explain on reverse if needed) Plot ID: VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer rubrum T FAC 9. 2. Liguidambar styraciflua T FAC+ 10. 3. Ligustrum sinense _ S FAC 11. 4. Lonicera japonica V FAC- 12. 5. Pinus echinata T UPL 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 3 of 5160% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: Other Inundated Saturated in Upper 12" X No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: Depth to Free Water in Pit: (in.) X Oxidized Roots Channels in Upper 12" Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): White Store Series Drainage Class: Well-drained Taxonomy (Subgroup): White Store Sandy Loam Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-1 A 10 YR 2/2 Silty Loam 1-12 B 2.5 YR 5/3 7.5 YR 5/8 Few/Faint Sift Clay Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes No X Hydric Soils Present? Yes No X Remarks: Is the Sampling Point Within a Wetland? Yes No X • L? 0 Wetland Boundary Ma 0 This page has been intentionally left blank. C • CH2MHILL • This page has been intentionally left blank. • 0 i Stream Identification data forms 0 • This page has been intentionally left blank. 0 i North Carolina Division of Water Quality - Stream Identification Farm; Version 3.1 Date: Project. A ,_- Latitude: Evaluator ,/ a -- Site- Longitude: Total Points: _ y Other Strearn is at e ? rnterrnittert County: } e.g Quad Name: r€?10C,:'r- r?: 30 _ A_Geomorpholoav (Subtotal= ) Absent Weak i Moderate ? Strong V. Continuous bed and bank 0 1 2 3 1 2 Smonsity 0 1 2 i 3 _.__. _ - 3, In trarne! str?cu?re? nffle-Poo'I sequence 0 1 2 i 3 - - - - - - - 4. Soyi texture or strei,n substrate sorting ._ - ----- - ----- ----------- 0 _ 1 , 2 ! 3 ?. Rctiti? r.?hc Iloodparn 0 t 2 5 Dcpos?.ional tars or benches u 1 2( 3 7. Bra?dv-d channel i 0 1 2 I ? 8. Rccnnt alluvial dcpi>>its i 3 9 Natural levees b 1 2 - 3- - If? Headcuts U 1 2 3 1 I . Grade controls -- - 0 ?? > 1 1.5 12, Natural valley or drainageway u U.5 1 ! 1.5 1 13 Second or greater order channel on existing - - - - USGS or MRCS map or other documented No = 0 Yes = 3 evidence - titan-made ditches are not rated; see discussions in manual ?ydroiC) j 14. Groundwater flow/discharge 0 2 _ 3. _- € 15 Water in channel and > 48 hrs since rain, or i water it. channel -- dry_orcgrowtr a sonson 0 l - _ 1 2 - 3 -,? 16. t.C'<`1111ttBr 1.5 1 0.5 0 17. Se,'.rrent on plants or debris fl 0.5 1 5 1-i Urgarncdebris lines or piles (Wmcxlin? ) t7 U.5 t? 1.b tea Hynnr s<?ils (rarirrximarphie f:3n gyres) prE not ivy _ - Yr ? = 1 r C. Biology (Subtotal = ) ' 20" Ft rocs roots in channel 3 2 fi 0 21°- Routed plants in channel 0 22 l_rti ii5n j 0.5 1 i 1.5 bwd? ?'a t 2- - 3 - - - -- -- ------------- 24 Fsh J U 5 i? 1.5 Gta c ?tn? s t v nary and abundance) _ - 0 _. U. ? 1.5 11. (-.;? 7 r n?J45 lr i-,e, iphytnn ? ? 0 2 - ? r lrOn ozin, hd?:?@rk3 i Ili ft;S Q ` i U.7 1.5 Welland pir3nts in stre imbed FAG'= 0.5, FACW - 0_"lam 0 131 1.3 ,;AV 2 0. 01?ier- 0 - h_ -. items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the preser e of aqua; c or wetland Fi,wts. Notes: (use backside of this tone Ior :atlcr;;,u^.,'r notes-) Sketch: i :. : North Carolina Division of Water Quali ' ty - Stream Identification Form; Version 3. 1 Date: Project: - Latitude: Evaluator: ,- Site: Longitude: Total Points: Other S ream is at least in,ermittant _ County: eg t'.>uadrVd me: if? 73 or perennial if= 33 .-._. °? A. Ge0 In "r hology (Subtotal ) -- Absent F- Weak - Moderate - Strong { 1 Continuous bed and bank 0 1 2 ! 3 - 2 Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 1 3 4 Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplam 0 1 2 3 1 6. Depositional bars or benches 0 . 2 3 7 Braided channel _ 0? 1 2 3 Recent alluvial deposits 0 1 2 3 g a Natural levees 03 1 2 3 0 GBade controls 11 p 0 " 1.5 or drainageway C 12. Natural valley -? 0 - -? 0.5 1 1 _ 1.5 _ - - i 13. Second or greater order channel on exist,n - ? -- - _. I USGS or NRCS map or other documented No - 0 Yes = 3 evidence. ' Man-made ditches are not rated; see discussions in ma nual S. Hydrology (Subtotal ) 14 Groundwater flowldlrcharge 0 1 T 3 15. Vllater In channel and > 48 hrs since rain, or 0 I 1 i 2 Water to channel - d_ry or growm season _ 16. Leaflitter 15 1 0.5 1 0 , 17. Sediment on plants or debris 0 0.5 1 1.5 18 Organic debris lines or piles (Wrack lines) i 0 0.5 q 1 15 19. Hydric soils (redoximorphic features) present? No = 0 t, as _ =1.5 C Biology (Subtotal - 2t)b Fibrous roots in channel - 3 -- 2 i - 1 0 21°. Rooted plants in channel - 3,. -- - 2 -- ? 1- 0 22 Crayfish - 0 0 _! " 1 1,5 ' 23 Bivalves - Q 1 ) .- 2-_ .. 3 - 21. Fish 0 r ' 0.5 ? 1 15 25. Amphibians, 0 0.5 i - 1.5 20 Ma i,,, eilthos „ute divet5it and abundance) - 0 ( 0_ 5 1 _ 1.5 _ t 27 F, ?,r „? r ,.ous algae, periphyton 0 ? 2 3 28_ Lon oxidizing bacterialfungus. 0 6. ? 1 - - - 1 5 20 0- Wet and plants in streambed - FAG = 0,5; FAC W 0.15; 0BL = 1.5 SAV 2.t1; Ot her - u, _ _ - e sterns _,a and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional motes.) t 7 41 Stream Quality data forms • • This page has been intentionally left blank. • 0 i 10. County: .,., ; `+TtF, .7N1 OL AL,ITY ??NIE` - 1vC RKsi1EFj- - ? : Provide the followinl4 information for the stream reach under isse?--ment_ ' ' htator's name: Er;a 2 .___._... __...... : S name: t . ApplZt?nt . Time of evaluation_ 4 3. gate ,-)i . Name o stn, - 6. River basin: 7. Approximate d-ainage ari=a: - S. Stream order: 9..C.eng,th of'evaluated: 11. Situ Ci (i 'known): prefe=r iD d -Mal --a. LatttudG. [ex.s?1;?-: i i ?): 12. Subdivision rtarrte (if any): Ungitude (ex. -77.556611)' Methcd „ on dtmaiiued (sinlE): GPS T011a Sheet C)rth (A ris1)YhorofGlS t7t?ter t?iS lather _ _ _ I ,. [.,._ ti of reach under evaluation (note nea,: ' . ,! _ .,nci landmarks and attach map identifying stream(s) location): 14. Proposed channel work (if any): 15, Recent weather conditions:-- 16. Site conditions at time of visit' 17. ldentifi any special waterway classifications known: Section 10 Tidal Waters - „cn,i:il Fisheries Habitat Trout Waters -Outstanding ResotnrceWaters -Nutrient Sensitive Waters Water Sttpply Watershed 04V) 18. is there a pond or lake located upstream of t>;e e..i't infioo point? YES NO If yes, estimate the water surface area: 19. Does chaintel appear on USES quad map? YES NO r l . Lsurnated watershed land use: ?% Residential 0 % Furestrd 12. Bankfull width: 20. Does channel appear on IISDA Soil Survey? YES NO % Commercial % Industrial % Agricultural % Cleared ! Logged °lo Other 23. Bank height (from bed to top of bank): 24. Channel slope down center of stream: ?flat (0 to 2%) .Gentle (2 to 4%) _Moderate (4 to 10%) -Steep (>101" ) 2-55. Channel sinuosity: Straight Occasional bends Frequent meander -Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoreg,ion based un location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet- Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the commr.nt section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must tatnge between 0 and 100, with a score of 100 representing a stream of the highest quality. 'T'otal Score. (from reverse):__ Comments i 1. ? ? , a! I ?? ? "? t • _-- Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United Stnrc: krmy Corps of Ennineers to male a prelimhary assessment of stream ilu tlity_ The total score rtasttltin? tram, the Coll !dirt tit this f,,r in i? subi ,r to US. CE approNal and sloes not imply a - It:rrticulzar tniti anon ratio or reiluircrne.nt. - ?' f 36 • STREAM QL ACITY ASSESSIMENT WORKSIIEE'I` j • ?J lJ 01LIAL:i i'1- .1SSES MIEN r tvotz, Kali v'1,r -l Provide the follovviug information for the stream reach under assessment: 1..A- ?pbt trt's nartte: 4 T?1e of evaluation: y, .__._._......_._... .,ne c f. River basin S, Stream order: ct. 10. County: l 1 _ .. r, mate (if known): prefer- in 1 .rim 1 (i- ees. 12. Subdiv on name (if any): --- VJv :crm nod circle}: GPS T c}.-.^t Ctrtha ( r i.l < ? ,: ? C GIS 0 tc; - 13. , { . each under evaluation r ,rby roads and lanliua . ..itu _?L _h ::.up idc;1n mg stream(s) location): 14. Proposed. channel work (if any 1 aa. Recent weather conditions: . 16, Sit, conditions at time of visit: 17.1:1-t:.. .,y special waterway classifications known -Section 10 ^Tidal Waters Essential Fisheries Habitat -Trout %Vaters _ Outstanding Resource Waters _ Nutrient Sensitive Waters Water Supply Watershed (1-N) 18. Is there a pond or lake located upstrearn of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 21. Estirmated watershed land use: % Residential 0 -% Forested 20. Does channel appear on USDA Soil Survey? YES NO "1d Cornmercial -% Industrial i°Jo Agricultural ^% Cleared 1 Logged ?% Other ( _) 22. Bank-fall width: 23. Bank height {from bed to top of bank r 20. Channel slope down center of stream: Flat (0 to 2%) _Gentlc (2 to 4%) Moderate (n to 10%) Steep (>10%) 25. Channel sinuosity: Straight -Occasional bends -Fmqucut n:e udcr .-Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by u?:teinduiug the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic r:;!: t be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the ir:xacteristirs identified in the worksheet. Scores should reflect an overall assessment of the stre-aui mach under evaluation. If a t n;:racttristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring boar and provide an explanation in the .xnt section. Where there are obvious changes in the character of a stream under review (e.g., the stream flours f7om a pasture o a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a sura.m reach must range between 0 and 100, with a score of 100 representing a stream of the hiahhst quality. Total Score (from reverse): Comments; - Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landotvrters and environmental professionals in :hrritf^ tlic data rerlirired by the United St:rtos Army Carps of En^_ineers to make a prelirninary assessment of stream qu.ility. IN total score resultin- from tht, coni10t°ii,oi r4 this form ii suhj,,-t to I;S.vCF :ippro?:d and does not imply ;a T, 1 i,_11 ticuLir riir :rti>>n ratio or requirente a. _ - - -. -, . . STREALM Q}UAL1TY 1?SSLSS?'11,, 'l' WOIZKStiLE"1` • • ' Leese characteristics are not assessed in coy: 'al streams. 10 USACE Preliminary Jurisdictional Determination Form • • • This page has been intentionally left blank. L Road Access to WRF Site PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): Feb 12, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Town of Cary, Contact Person: Steve Brown C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AID#: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This portion of the Western Wake project is known as the Access Roads to the Water Reclamation Facility and has the following location: from US 1, past Church Street, turn right onto Shearon Harris Road, located 200-300 ft south of the rail road tracks. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake & Chatham Counties • Center coordinates of site (lat/long in degree decimal format): Lat. 35.6715°North, Long. 78.94888°West. Universal Transverse Mercator: Name of nearest waterbody: Little White Oak Creek, Little Beaver Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 675 linear feet: Cowardin Class: Riverine Stream Flow: See Attached Table Wetlands: 0.4 acres. Cowardin Class: Forested Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): April 12, 2006 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is • practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): r1 Rcv,d kccess 4o wR--- 5d • 0", .7 ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: CH2M HILL/Arcadis. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. 03030004 ® U.S. Geological Survey map(s). Cite scale & quad name: New Hill. ? USDA Natural Resources Conservation Service Soil Survey. Citation: ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): ? Previous determination(s). File no. and date of response letter: ? Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ?e, , ? J %', , 3Ja61,,,Q_ Signature and date of Regulatory Project Manager (REQUIRED) N_ oa- SignatNre anydate of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) 3 • Estimated Site number Latitude Longitude Cowardin Class amount of aquatic resource in Class of aquatic resource review area WY Forested 0.4 acre non-section 10 - wetland SY Intermittent 375 Linear feet non-section 10 - non- wetland SZ Perennial 300 Linear feet non-section 10 - non- wetland • 0 0 Appendix D Transmission Infrastructure- Preliminary Jurisdictional Determination Forms 0 0 • 0 0 Transmission Infrastructure Wetland and Stream Impact Summary Tables 0 • • • LI a N d w O z w m era = R E V d R d CL E -0 c L R O m a E r d CL a I- _ R m d •. C O R = R N E CL Q a ? m c O CL E 0 U as 'o L a rn N O U t4 ch N N U U R C N c co E L ro CL O z R 0 c 0 u) a R L U E O L V- C U Q 3 O v N O C) N 70 7 0 U R .0 V O 2 C_ L m L O LL Y m U d R d m 0 z J r z W W z O O C) (fl O C) C 'O m 00 000 m N Cl) O O O G) '6 'NO cu O E 3 0-2 0 00 m N CO N O O O h O O 0 U m rn N 0 LL. M O O C) > O i 0 U N to N 1 O LL i ? m a) 2 )1(0 r ) O O O O i 0 1 N 1 N i o LL -100 1 O i O 1 O i 0 N N N 1 Lo i u_ 1 L w i R v ca a) m )IO G G ) G ) r G G Z i u u u S ? -i c )I C14 M O T ' rnao > O ? i o 3 'O N N LL s m i v s cc (D . 2 O 3 N ? C O c O c O C ? c ) G C5 c N 7 O U M N L - t 1 R rL^ V Y Iv U `m 7 R m m 1 O 1 O O O i O 1 N 1 N i o u_ •I (N _ R d L O W m U N LO i 1 1 1 i c G f 1 ) i LL u G O G v `c N N ? `o < ) ? It ? " O N M ' N l r r N o U. (0 O U) (t) co In O O O C) O O L rl- LO _ M_ O O O N N N N N N Lo Lo Lo LL u_ u_ -I NI M a3il N L C7 s C R m a d m m N d • N r ? O Z C v m R w E V ? R m a a E c o a 0 H d T H V C N d C 0 ?p R O y N ? O EQ C d C O C. E O U U d O a` rn O O IT O .r i N N O LL 'IT I LO IV O Cl) N Ul) M O co O O 7 rn w Z J H Z W J LL Z a O LL N J H O H C f6 O O LL C O 3 W d Y c N) d 3 N O O LO N O O to 7 O N U l6 N LO O O O r- O { O 1 { -0 1 N 1 N { N { O 1 U- ri LO 'IT O O O .o 0 O I N I N 1 N i O LL C 0 c c c 0 U L O N 0 w rn N U U f6 C N C f6 N O Z O 0 O O O co M c I W Z =) J I? O lr? W • N r O Z 21' N T E E 0m(o? Q? a E65 E Co F- .. r N E N C ? m m m CZ Q? r ` (n (D E O CL N E Q N A CL r O E U) F- E d C E U mmmC;-? m ELc- ?- a E CL M d CL 4) 5, U) ~ E - R m`a°°) L E N c m c O CL E O U a+ V d .o a` n E . N 3 y . CNI - 5 oU U Lmto LO O is 'E c 2 m d C n E 7 B N N C w N -_ o ? U m n N N U L cv0 O c E N c N ea m L 0 LL Y d d U m ?I m d m M r m 'c C N N a Cl) M 0 O V c ? a? ._ E ? N N 0 0 0 N I O l'! N 's N c a e f L f d 0 M 0 r c E N c n f 3 S ? u. lC C9 Y d d U d > m d m U) E M i ? s ? s rn s O s i U m c N f N N S U N c 0,0 L m .D f C ? m f C N .i tP d m Z Q 00 f O 0 C Z N r O 1 ? 1 ? A 0 3 rn c m O LL A U N Cl) NT 0 r c c (D 4) N N c c N < 3 m C7 t V c m d d N N LO r i .m c C 1 N d )I v • C-7 • • aR+ I h O z 6s E U a m ca E E i w 6) U) F- r- 4) ?E (6 O N E z i ? ?C-z w cA E Ew E R c_ Q N U I to E?? i U C y (C f6 U 12 d E Qzz a E a I E y R Q `5, y E ?A CL Y Ea I r- 0 c O Q E O U m 0 a co Cl) CN c E r LO E c6 a? E co ? c U) c co c U S C U w R o (o u ? Qa m a? s 0-0 c (6 ? d C C N t O`7 Q E (6 2 O. O c z.?? N N r CO t} ?I r r r O 7 (0 N M M N NI N N O N T- N W z J. H z'. W I LL z w O U. J Q O (d 2 6s :V D O M O c ? 'E E N 6) c d N C R d V O LL C d 7 W Y d m M CA 76 E c N N a c v E 6) c M 'IT c N c c N c LO (C c r c N c c N c r- 00 M M N c N N a rn i M I M i ? 'c i N i N .a ?I r O z cu O E £ 0C .I-- -,.2 : G CO 0 O ? -p c c6 o? .0 < C O0 i w C C N C V E Q i U CL A 0 Influent Line - Preliminary JD Forms and Maps Wake Cary Force Main 0 Western Wake (West Cary Force Main) PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): February 12, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Town of Cary, Contact Person: Jamie Revels C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AID #: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This portion of the Western Wake project is know as West Cary Force Main, and is located between Green Level Road West (SR 1605) and Wimberley Road (SR 1603). See attached USGS. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake & Chatham Counties Center coordinates of site (lat/long in degree decimal format): Lat. 35.7664995° North, Long. 78.9135208° West. Universal Transverse Mercator. Name of nearest waterbody: White Oak Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 111 linear feet. 2,223 width (ft). Cowardin Class: Riverine Stream Flow. Perennial Wetlands: 1.019 acres. Cowardin Class: Forested Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPL Y): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. ?n any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. • 2 Wesi cArl t'orcQ, M-/ A( This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant. Withers & Ravenel. ® Data sheets prepared/submitted by or on behalf of the applicant(consultant. ® Office concurs with data sheets/delineation report ? Office does not concur with data sheets/delineation report ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. 03030004 ® U.S. Geological Survey map(s). Cite scale & quad name:Green Level. ? USDA Natural Resources Conservation Service Soil Survey. Citation:. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): ? Previous determination(s). File no. and date of response letter. ? Other information (please specify): IMPORTANT NOTE. The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. l ao q- 3 i) 101na re and date of Signat e a date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) / 1 S t ? ?+1. 1 What k* 1 ?,r pak ,, Wjjjfr\ Koo Vit. sxs' ra 1 I ` '-? ' Ilia ? i i ,I j ?, /`? ? .? f •? r /' C') ?- __- _ J 1 r 4 'All t_} •H (1 o rj'- I: % tr1 i fit A #40% • ? l? lr •? ? ' ?f? SKID AK1'4? WITHERS t11_A_ RAV E N E L FIGURE 1: U$G$ Prepared By: Date: Job Number: E N G I N E E R S I P L A N N E R I 1 1.1111.., TOPOGRAPHIC QUADRANGLE LT 10-08-08 02060708 111 MacKenan Drive Cary, North Carolina 27511 West Cary Force Main Wake County, North Carolina tel:919-469-3340 fax: 919-467-6008 Feet 0 1, 000 2, 000 4, 000 www.withersraveneLcom F Greenleve/ Quadrangle a a UU .? U to Q M N n Ul) 0 O 00 O v L6 li 0 N N v N U- tD N L? VI J N J O M - N I I I I I I ' I Z ' • I W r ', , I W I I I I I ?jj I I I I U U Z CL Z w Z W Q Q g Z Q Z Q LLJ ¢ U U 3 w W w Q o N x a 0 w a < a ir W W Ir m a t- a ? Z O Q t- N a 2 D a N w 3 ?` 1S3M QbOb I3A37 N33b9 / / LO Im x x w 3 cn X F- w U 0 C Z L Q W ~ ce Z F- W cn C) Z Z _U Q J C) Q Z J J J F--' ? LLi Q me Z W Q Q W CL- ? wC Q V 1 ZU- j?e f-cn N W LLJ w o ? U $ _ cn o o U o a. ? m Q C g v o ? f? 0 0 AJM SWO - m Zv*t9 NU '60 w T '. Wmj -6y90gn Podm - 8106\KoM\*d*n P-d" W qWM\M\+•!1 N .NM wwa "WA-gUOW\00[0-W\90\tli 0 0 r m / x W / f ' I f L_ L M ` m x x w Y w W U Y O w x 3 N r m x x w m_ x x W / • ?O 0o I \ \ FORESTED WETLANDS / \ \ 390 SO. FT/0.009 AC. k PERMANENT IMPACT O .?^ WCFM WETLAND AREA 1 62 PERENNIAL STREAM 1,662 S0. FT/0.038 AC. r? 59 LF TEMPORARY IMPACT 6 641LO0 \ \ FORESTED WETLANDS 1,270 SO. FT/0.029 AC. TEMPORARY IMPACT \ WCFM STREAM " AREA 1 d LEGEND N WETLANDS - PERMANENT IMPACTS - - 390 SF (0.009 AC) TEMPORARY IMPACTS - ® - 1,269 SF (0.029 AC) STREAM IMPACTS: PERMANENT CHANNEL - - 0 LF GRAPHIC SCALE 50 0 25 50 100 PERMANENT AREA - *.'.'.'.•' - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 59 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 1,662 SF (0.038 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL WEST CARY FORCE MAIN EXHIBIT 1 INGINNNNR 1 •LANNNRN I NNRYNYONN • FORESTED WETLANDS 1242 SQ. FT/0.029 AC. TEMPORARY IMPACT FORESTED WETLANDS 730 SQ. FT/0.017 AC. PERMANENT IMPACT x0G FORESTED WETLANDS 408 SQ. FT/0.009 AC. PERMANENT IMPACT *0 \ s y? WCFM WETLAND AREA 2 69`00 FORESTED WETLANDS 2045 SQ. FT/0.047 AC. TEMPORARY IMPACT 0 a s LEGEND GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WETLANDS PERMANENT IMPACTS - - 1,138 SF (0.026 AC) TEMPORARY IMPACTS - ® - 3,287 SF (0.075 AC) STREAM IMPACTS: PERMANENT CHANNEL - - 0 LF PERMANENT AREA - ;•,*.•.•;•;•: - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL WEST CARY FORCE MAIN NNNINNNNS I ?LANNNNS 13NNYNtON! ca WAk Coun ?,i.....„r.,, EXHIBIT 2 M / a a w O cvn v COO ? c`n a a ° cn o o j O v v "- LO LO U- w v 'Q -i cn -i rn z . r; N o 0 0 0 W W R ? I ? I ? I Nd ?P N 0 .f • ? N 9[ d J ° Z I I W; Q LrJ _ i J _ cn Ln w •` M L U N II J I ', I - z Q .? I I I ?; ? r I ? W= ce ~ _- v ° Z 0 a z a z a ?- Wo a a z a z a 3 5 = z = 0 LAJ L) L) 3 a w a z w a0 p N ° Q a 2 w w a a LLJ cn H U Q W M V) m I U zZ X Q p Q Q v r- Q ?a Z 3?? w p V) W W > rn? > rn ?Nti .a c 0 u V L O Z ?_Z ZQ CL ne QOM jY Z wU °z w H F- cn 2 V W Nw ? OOX ? 3 Q ? ' • goa [n V ? W ci V Q e} a 3 U- F' O Z V) 0 Q o?Q OX2 •d` Ova x.o o Q. ?` N p N I- ? m co J o a 3U-? ?- O ° o OX!` o ? LO ONW . i n - M «tiPa a -W a 'aq l -a'0-R MOM - RAR\RjU\abn pod" ?P41M1?WAa!1 W"M a "M w010M-90L090\00[0-90\90\7i • O O 00 FORESTED WETLANDS 1778 SQ. FT/0.041 AC. TEMPORARY IMPACT • O O I n I 00 WCFM WETLAND AREA 5 FORESTED WETLANDS 591 SQ. FT/0.014 AC. PERMANENT IMPACT LEGEND GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WETLANDS - PERMANENT IMPACTS - - 591 SF (0.014 AC) TEMPORARY IMPACTS - ® - 1,778 SF (0.041 AC) STREAM IMPACTS: PERMANENT CHANNEL - - 0 LF PERMANENT AREA - •.i,•,•,•,•, - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS RAVENEL WEST CARY FORCE MAIN 906101108 1 PLANNER! 1 NNNVtVONN 11C,ry Wakeco,,,,N N-h?_, ;,, EXHIBIT 4 i I I I FORESTED WETLANDS 5365 SQ. FT.10.123 ACRES TEMPORARY IMPACT PERENNIAL STREAM 652 SQ. FT.10.015 ACRES 50 LF TEMPORARY IMPACT FORESTED WETLANDS 1901 SQ. FT.10.044 ACRES PERMANENT IMPACT WCFM WETLAND AREA 6 • 8 d i PERENNIAL STREAM 181 SQ. FT.10.004 ACRES 18 LF PERMANENT IMPACT n 0) WCFM STREAM AREA 2 I I I GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. LEGEND WETLANDS PERMANENT IMPACTS - - 1,901 SF (0.044 AC) TEMPORARY IMPACTS - ® - 5,365 SF (0.123 AC) STREAM IMPACTS: PERMANENT CHANNEL - - • - 18 LF PERMANENT AREA - '•'•?•,•,•,•; - 181 SF (0.004 AC) TEMPORARY CHANNEL - --------- - 50 LF TEMPORARY AREA - ® - 652 SF (0.015 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS 1[7WTHER13 & RAVENEL WEST CARY FORCE MAIN EXHIBIT 5 I PLANNERS I SURVEYORS lNSIN!!Rf Vb. rC,urt' Nu9 l - 0 Influent Line - Preliminary JD Forms and Maps West Reedy Branch Gravity Sewer • 40 Western Wake (West Reedy Branch gravity Sewer) PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): February 12, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Town of Cary, Contact Person: Jamie Revels C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AID #: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This portion of the Western Wake project is know as West Reedy Branch Gravity Sewer, and is located between Wimberley Road (SR 1603) and Olive Chapel Road (SR 1160). See attached USES. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake County Center coordinates of site (latllong in degree decimal format): Lat. 35.7371690° North, Long. 78.9140890° West. Universal Transverse Mercator. NA Name of nearest waterbody. Reedy Branch & White Oak Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 263 linear feet. Varied width (ft). Cowardin Class: Riverine Stream Flow: See Attached Table Wetlands: 1.421 acres. Cowardin Class: See Attached Table Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NA Non-Tidal. NA E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his 0 or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 CAR. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site 2 West RuAi Y-51* SPA?i dl • • that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicantlconsultant. Withers & Ravenel. ® Data sheets prepared/submitted by or on behalf of the applicant(consultant. ® office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. 03030004 ® U.S. Geological Survey map(s). Cite scale & quad name:Green Level. ? USDA Natural Resources Conservation Service Soil Survey. Citation:. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): 0 ? Previous determination(s). File no. and date of response letter. ? Other information (please specify); IMPORTANT NOTE. The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for laterjurisdictional determinations. ??' W'L 9, Signatu a and date of Regulatory Project Manager (REQUIRED) Q- n A,, 3 1 -)1 . o? -- S gna ure date of person re uesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Estimated amount of Class of Site Latitude Longitude Cowardin aquatic aquatic number Class resource in resource review area Wetland non-section Area 1 Forested 0.160 acres 10 - wetland Wetland non-section Area 2 Forested 0.185 acres 10 - wetland Wetland non-section Area 3 Forested 0.068 acres 10 - wetland Wetland non-section Area 4 Forested 0.192 acres 10 - wetland Wetland non-section Area 5 Forested 0.321 acres 10 - wetland Wetland non-section Area 6 Forested 0.006 acres 10 - wetland Wetland non-section Area 7 Forested 0.001 acres 10 - wetland Wetland non-section Area 8 Forested 0.079 acres 10 - wetland Wetland non-section Area 9 Forested 0.114 acres 10 - wetland Wetland Forested 082 acres 0 non-section Area 10 . 10 - wetland Wetland Forested 0002 acres 0 non-section Area 11 . 10 - wetland Wetland non-section Area 12 Forested 0.007 acres 10 - wetland Wetland non-section Area 13 Forested 0.020 acres 10 - wetland Wetland Forested 123 acres 0 non-section Area 14 . 10 - wetland Wetland Forested 064 acres 0 non-section Area 15 . 10 - wetland non-section Stream Intermittent 53 Linear Feet, 10 - non- Area 1 0.003 acres wetland non-section Stream Intermittent 47 Linear Feet, 10 - non- Area 2 0.004 acres wetland non-section Stream Intermittent 51 Linear Feet, 10 - non- Area 3 0.005 acres wetland • • 0 • Estimated Site Cowardin amount of Class of number Latitude Longitude Class aquatic aquatic resource in resource review area Stream 63 Linear Feet non-section Area 4 Perennial 0.013 acres 10 - non- wetland Stream 50 Linear Feet non-section Area 5 Intermittent 004 acres ' 0 10 - non- . wetland Stream 41 Linear Feet non-section Area 6 Perennial , 0.016 acres 10 - non- wetland 0 ll ?1 T '? 1 Q y'? ,• I %„ 1 i •I ,- 40 reek ?/ ? i S ?{?j _,, " ? Must f ? .-:..,?•---_, .. I c/1 ifiN • / i ? ?- 1J ,r??. Ldi .' l f ? Y •(L `{. ?•,C ? 1 (? 1 i16Q I ?? 11, ? k" ("'? 0, `'?I' __ -.. -_.-•-- ? -- tM 1, ,<<, y -.,< t FIGURE 1: USGS Prepared By. Date. Job Number: ENGINEERS i WITHERS PLANNERS ! SURVEYORRAJR E NS E L TOPOGRAPHIC QUADRANGLE L T 02-16-09 02060708 West Reedy Branch Gravity Sewer 111 MacKenan Drive Cary, North Carolina 27511 Wake County, North Carotins tel: 919-469-3340 lax: 919-467-6006 Feet 0 1, 000 2, 000 4, 000 www.withersravenetcom Greenlevel Quadrangle , r \ x N LLP C) 4J W N M LLP m W LLP M > LLP N & m \ .: = W x = W N r i . x ($f[,, , `? W r '4... .?.:'° LLP I? W x N ?. W o U 1? \ W O x ? N \ F- F ? W L W z N m W W W W N n,. ao x Lai W m LLJ H X X .f x m to W x x m _ x V W r W H W N M t__ . ~ x N W / F r A'? W N x / W m H W X r.., LL.p _ L.' + \ V) i H /Y Z W Lij lLli O 'i ? c~n a W O m a. a M. 0 r? ^ ^ Q Q ^ Q 00 (0 to O LL. 4 O v j to N v ti N 4. N ? to J Ln Zo. N co d! > 4 to rl ?Cl to N > r ?q I I I I I I a- a _ I I z$ Q r s go, z i z = w t 0 i 4i ? ff? a J I I YQ1/ a z i r ++ 1 I Vj 1 1 I I = z z U U a 2 z W r 3 y V W V F. W aQ7 w < L a Z Z O N ac cl w a a a ck: 2 CL* W w CL a w Q X CL. W Z I..L ?7 LL_ Z m F_ Z Q W o L Z Q Q -' W N W w .? Z > V) ..I U N O _ o w c wsa7ud X] vd - m O1;90:1l 900[ 'CL -goo 'Aas-1 -b-ftm lmdw - f• M\WMM\WM t9 " ?wwNw\0h\wn> -M M Wfls•91-90[090\0010-90\90\.)4 0 0 L-l • s WRBGS WETLAND AREA 1 . WRBGS STREAM AREA 1 FORESTED WET i °p i i i /INTERMITTENT STREAM 20 SQ. FT/0.001 AC. / 10 LF PERMANENT IMPACT AND / .. L AREA . , . 1,969 SQ. FT./0.045 AC. r PERMANENT IMPACT ' . . . . . . . . . . . . . . . . . . L..... . . . . . . . . . . . . . . . . . . INTERMITTENT STREAM 87 SQ. FT/0.002 AC. 43 LF TEMPORARY IMPACT i o FORESTED WETLAND AREA - o ? 5,008 SO. FT./0.115 AC. TEMPORARY IMPACT moo : LEGEND WETLANDS - .m... 7 PERMANENT IMPACTS - - 1,969 SF (0.045 AC) TEMPORARY IMPACTS - ® - 5,008 SF (0.115 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 10 LF GRAPHIC SCALE PERMANENT AREA - ;•;•,•;*;;•,i - 20 SF (0.001 AC) 50 0 25 50 100 TEMPORARY CHANNEL - --------- - 43 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 87 SF (0.002 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS 1? WITHERS &-RAVENEL W. REEDY BRANCH GRAVITY SEWER ENSINEERS I PLANNERS I SURVEYORS Marv WakeC-N N.fthC-li? EXHIBIT 1 • • s it Ax ......... / 8p. ...... FORESTED WETLAND AREA '. 2,310 SO. FT./0.053 AC. TEMPORARY IMPACT FORESTED WETLAND AREA 836 SO. FT./0.019 AC. .: rv PERMANENT IMPACT / . . FORESTED WETLAND AREA , 1,262 SO. FT./0.029 AC. A/z, PERMANENT IMPACT / x , WR8GS WETLAND AREA 2 ...................... _ _ _ .?. ............ ............................... ............. ................................. ......, ................................. """ . . . . . N ........................................ ........................................ .................................. ............................. / .................. ................. FORESTED WETLAND AREA' .'.'.'.'.'.'.'.'.'.'.'.'.'.'. 3,670 SO. FT./0.084 AC. ........... TEMPORARY IMPACT LEGEND WETLANDS - y PERMANENT IMPACTS - - 2,098 SF (0.048 AC) TEMPORARY IMPACTS - ® - 5,980 SF (0.137 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF GRAPHIC SCALE PERMANENT AREA - - 0 SF (0 AC) 50 0 25 50 100 TEMPORARY CHANNEL - --------- - 0 LF 1 inch = 50 k. TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS W1THER8 &- RAVENEL W. REEDY BRANCH GRAVITY SEWER LM RINEERE I PLARRERS I SURVEYORS C- w,4 -? r-i;- ? ? ? EXHIBIT 2 r SS 21+00 WRBGS WETLAND AREA 3 FORESTED WETLAND AREA 652 SO. FT./0.015 AC. PERMANENT IMPACT 2+00 LINEAR WETLAND 36 SQ. FT./O.001 AC. PERMANENTIMPACT • LINEAR WETLAND 110 SO. FT./0.003 AC. TEMPORARY IMPACT z1 a g GRAPHIC SCALE 4 so 0 25 50 100 1 inch = 50 h. 3 0 24+00ss_ J FORESTED WETLAND AREA 2,176 SO. FT./0.050 AC. TEMPORARY IMPACT LEGEND WETLANDS - PERMANENT IMPACTS - - 688 SF (0.016 AC) TEMPORARY IMPACTS - ® - 2.286 SF (0.052 AC) STREAM IMPACTS: PERMANENT CHANNEL - - • - 0 LF PERMANENT AREA - •;•;•;•;•;• - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF T EMPORARY AREA - ® - 0 SF (00 AC) JJWESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &- RAVENEL g WREEDY BRANCH GRAVITY SEWER aMRINRaRf 1 ?IANNRRf i soavaroaa Wake Coun North Carolina EXHIBIT 3 Y k?', INTERMITTENT STREAM 39 SO. FT./O.001 AC. 12 LF PERMANENT IMPACT i _ egg, ' 29+00 1 INTERMITTENT STREAM --/ 118 SO. FT./0.003 AC. 35 LF TEMPORARY IMPACT a a 9i f 3 GRAPHIC SCALE 50 0 25 50 100 +g 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND W. REEDY BRANCH GRAVITY SEWER 7 Ca Wake C- North Carolina INTERMITTENT STREAM 154 SO. FT./O.004 AC. 39 LF , TEMPORARY IMPACT i I-ol INTERMITTENT STREAM 46 SO. FT./O.001 AC. / 12 LF PERMANENT IMPACT i QQ ? i ?/ i WRBGS STREAM AREA 3 WRBGS STREAM AREA 2 LEGEND WETLANDS -t PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - • - - 24 LF PERMANENT AREA -, :. - 85 SF (0.002 AC) TEMPORARY CHANNEL - --------- - 74 LF TEMPORARY AREA - ® - 272 SF (0.006 AC) AND STREAM BUFFER IMPACTS II WITHERB &- RAVENEL EXHIBIT 4 ENGINEER! 1 PLANNER! I lYR Y[t0 R! • PERENNIAL STREAM - 417 SQ. FT./0.010 AC. 52 LF TEMPORARY IMPACT / / / SS .ooe? WREIGS STREAM AREA 4 xo° / / >1 a GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 k. is WESTERN WAKE PARTNERS WETLAND W. REEDY BRANCH GRAVITY SEWER PERENNIAL STREAM 119 SQ. FT./0.003 AC. 11 LF PERMANENT IMPACT LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - •• - - 11 LF PERMANENT AREA - ,•,•,•,*,•, - 119 SF (0.003 AC) TEMPORARY CHANNEL - --------- - 52 LF TEMPORARY AREA - ® _ 417 SF (0.010 AC) AND STREAM BUFFER IMPACTS WIITHER9 RAVENEL EXHIBIT 5 aaalMaaRf I ?LAaaRaf I suararoa: i ?9ko / s? FORESTED WETLAND AREA 3,169 SO. FT./0.073 AC. TEMPORARY IMPACTED AREA .. • • . ................ ........... FORESTED WETLAND AREA 828 SO. FT./0.019 AC. PERMANENT IMPACTED AREA FORESTED WETLAND AREA SO. FT./0.022 AC. / zz- 968 PERMANENT IMPACTED AREA / .......................... WRBGS WETLAND AREA 4 • FORESTED WETLAND AREA 3,428 SO. FT./0.079 AC. ... TEMPORARY IMPACTED AREA LEGEND 3 i it WETLANDS -? PERMANENT IMPACTS - TEMPORARY IMPACTS - STREAM IMPACTS: GRAPHIC SCALE 50 0 25 50 100 NEEL- 1 inch = 50 ft. - 1,796 SF (0.041 AC) - 6.597 SF (0.151 AC) IJ PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - .'.'.' - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE DY RANCH GRAVITYREWERIJIWETLAND AND STREBAMB UFFER IMPACTS I WITHERS `A&5RAVENEL I I W. REE 1- 11-1 , 6 C, • 3 ... ........... .......................................... '''''''""''''''' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. ....................................... ............................................................. .................................................... ............. ............................................................... ............................................................. ..... ............. FORESTED WETLAND AREA 3.483 SO. FT./0.080 AC. PERMANENT IMPACTED AREA --... ............... .......... .............................. ............. ............................... .................. .............................. .................. ........................... .................. ................... . ........... ...... ir. i ooo FORESTED WETLAND AREA i / WRBGS WETLAND AREA 5 10.483 SQ. FT./0.241 AC. TEMPORARY IMPACTED AREA LEGEND WETLANDS - PERMANENT IMPACTS - TEMPORARY IMPACTS - 11 - 3,483 SF (0.080 AC) - 10,483 SF (0.241 AC) STREAM IMPACTS: GRAPHIC SCALE s0 0 25 50 100 1 inch = 50 k. PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA 0 SF (0 AC) WESTERN WAKE PARTNERS', . REEDY BRANCH GRAVITY SEWERI WETLAND AND STREAM BUFFER IMPACTS 11 W?THER9 `A?9 I SURV IE ? EXHIBIT 7 PERENNIAL STREAM 695 SQ. FT•/0.016 AC. 41 LF TEMPORARY IMPACT 11 to 1 WRBGS STREAM IMPACT 6 WRBGS STREAM IMPACT 5 is INTERMITENT STREAM --/ 38 SO. FT./O.001 AC. 12 LF / PERMANENT IMPACT / XX ?.zp i 6O a ? 00, GRAPHIC SCALE js 50 0 25 50 100 i 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND W. REEDY BRANCH GRAVITY SEWER Ca Wake Coun North Carolina Y INTERMITENT STREAM 114 SQ. F T, /0.003 AC. 38 LF TEMPORARY IMPACT LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 12 LF PERMANENT AREA - ,',','.',',',• - 38 SF (0.001 AC) TEMPORARY CHANNEL - --------- - 79 LF TEMPORARY AREA - - 809 SF (0.019 AC) AND STREAM BUFFER IMPACTSIJI WITHERS `A - RAVENEL EXHIBIT 8 L. FORESTED WETLAND AREA 834 SO. FT./0.019 AC. PERMANENT IMPACT WRBGS WETLAND IMPACT 8 . 0 a a WRBGS WETLAND IMPACT 7 FORESTED WETLAND AREA 20 SO. FT./0.001 AC. TEMPORARY IMPACT/ WRBGS WETLAND IMPACT 6 i o° x v ? x0 ? 60 ............... ................. ? ,' FORESTED WETLAND AREA lo, 2,608 SO. FT./0.060 AC. 6$x ? TEMPORARY IMPACT 1000, i . / .. ... .............:......... . .. . / ' ........ .... o .................. / - . / FORESTED WETLAND AREA 266 SO. FT./0.006 AC. TEMPORARY IMPACT LEGEND WETLANDS - PERMANENT IMPACTS - - 834 SF (0.019 AC) TEMPORARY IMPACTS - ® - 2,894 SF (0.066 AC) STREAM IMPACTS: ?p i PERMANENT CHANNEL - - ••• - - 0 LF GRAPHIC SCALE PERMANENT AREA - *.•.•.•.••• - 0 SF (0 AC) 50 0 25 50 100 TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) 1 inch = 50 k. WESTERN WAKE PARTNERS W ETLAND AND STREAM BUFFER IMPACTS lr??g HERS RAVENEL W. REEDY BRANCH GRAVITY SEWER SIM IIRS 1 PLANNERS I SURVEYORS rv WakaC- EXHIBIT 9 FORESTED WETLAND AREA 1,269 SO. FT./0.029 AC. PERMANENT IMPACT WREIGS WETLAND AREA 9 FORESTED WETLAND AR 3,705 SO. FT./0.085 I TEMPORARY IMPA I I I N I I I 0 0 N n I I / I I I J I LEGEND WETLANDS - PERMANENT IMPACTS - - 1,269 SF (0.029 AC) TEMPORARY IMPACTS - ® - 3.705 SF (0.085 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF GRAPHIC SCALE PERMANENT AREA - - 0 SF (0 AC) 50 0 25 50 100 TEMPORARY CHANNEL - - -------- - 0 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS W r_ W. REEDY BRANCH GRAVITY SEWER ITHERS O? RAVENEL Ca Wake County North Camliw EXHIBIT 10 [RRIM[[RR 1 ? IARR[Rf i suava?oes I I I I I ° I I o + I • • 1 1 a 5 ?p i FORESTED WETLAND AREA 51 SQ. FT./0.001 AC. TEMPORARY IMPACT o? FORESTED WETLAND AREA 899 SQ. FT./0.021 AC. PERMANENT IMPACT FORESTED WETLAND AREA 2,613 SO. FT./0.060 AC. TEMPORARY IMPACT FORESTED WETLAND AREA 8 SQ. FT./0.0002 AC. TEMPORARY IMPACT GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. op 0 i WRBGS WETLAND AREA 11 I WRBGS WETLAND AREA 10 I I?I- u I LEGEND WETLANDS - PERMANENT IMPACTS - - 899 SF (0.021 AC) TEMPORARY IMPACTS - ® - 2,672 SF (0.061 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ,',',',*,*,*,• - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &' RAVENEL REEDY BRANCH GRAVITY SEWER ENGINEERS 1 PLANNERS I SURVEYORS C, EXHIBIT 11 • I F I< 's l; 5 ) fi OF I g FORESTED WETLAND AREA 870 SO. FT./0.020 AC. TEMPORARY IMPACT FORESTED WETLAND AREA 17 SO. FT./0.0004 AC. PERMANENT IMPACT ! ! It / Wo It ! o° It If / / If i I o ! I 1 ? i I It It ! C) A WRBGS WETLAND AREA 13 0 / .-.-...... ... .. . / WKtJUb Wt I LA14U AKLA I Z 7 FORESTED WETLAND AREA 313 SO. FT./0.007 AC. TEMPORARY IMPACT LEGEND WETLANDS PERMANENT IMPACTS - - 17 SF (0.0004 AC) TEMPORARY IMPACTS - ® - 1.183 SF (0.007 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS 1? WITHERS &-RAVENEL W. REEDY BRANCH GRAVITY SEWER ENGINEERS I PLANNERS I SURVEYORS XI11BIT 12 • 3 FORESTED WETLAND AREA 81 So. FT./0.002 AC. TEMPORARY IMPACT FORESTED WETLAND AREA 1,303 SO. FT./0.030 AC. PERMANENT IMPACT 00 / i WRBGS WETLAND AREA 14 \....,. . i i FORESTED WETLAND AREA 3,962 SO. FT./0.091 AC. TEMPORARY IMPACT ...... .......... LEGEND WETLANDS - PERMANENT IMPACTS - TEMPORARY IMPACTS - %% l STREAM IMPACTS: PERMANENT CHANNEL - - ••• - GRAPHIC SCALE PERMANENT AREA - ,,•,*,?,*,*.* so 2s so i I I TEMPORARY CHANNEL - --------- 1 inch = 50 ft nommmmmi? TEMPORARY AREA - . WESTERN WAKE PARTNERS $WETLAND AND STREAM BUFFER REEDY BRANCH GRAVITY SEWER EXHIBIT 13 - 1,303 SF (0.030 AC) - 4,043 SF (0.093 AC) - 0 LF - 0 SF (0 AC) - 0 LF - 0 SF (0 AC) WITHERS &- RAVENEL ENGINEERS 1 PLANNERS I SURVEYORS 174 FORESTED WETLAND AREA 2,004 SO. FT./0.046 AC. TEMPORARY IMPACTED AREA FORESTED WETLAND AREA 810 SO. FT./0.019 AC. PERMANENT IMPACTED AREA i i i i o° 00 00 0 0 0 01 WRBGS WETLAND AREA 15 • a a a GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. I I I I I I I I I I I I I 0 i i N i i / LEGEND WETLANDS - PERMANENT IMPACTS - 810 SF (0.019 AC) TEMPORARY IMPACTS - ® - 2,004 SF (0.046 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - G'.•.'.•..? - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL W. REEDY BRANCH GRAVITY SEWER ENGINEERS 1 PLANNERS I SURVIVORS L WakeCoti EXHIBIT 14 0 Influent Line - Preliminary JD Forms and Maps Beaver Creek Force Main 0 0 Western Wake (Beaver Creek Force Main) PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): February12, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Town of Cary, Contact Person: Jamie Revels C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AID #: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This portion of the Western Wake project is know as Beaver Creek Force Main, and is located between Olive Chapel Road (SR 1135) and New Hill Holleman Road (SR 1160). See attached USGS. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake County Center coordinates of site (lat/long in degree decimal format): Lat. 35.6926419° North, Long. 78.9299176° West. Universal Transverse Mercator. Name of nearest waterbody: Beaver Creek, Little Beaver Creek, White Oak Creek and Big Branch Identify (estimate) amount of waters in the review area: Non-wetland waters: 703 linear feet: Varied width (ft). Cowardin Class: Riverine Stream Flow: See Attached Table Wetlands: 0.502 acres. Cowardin Class: See Attached Table Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): • 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN) or requests , verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. Ge-p,ve,r- &eek t=or .,P-- rV1sk) l • This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicantlconsultant. Withers & Ravenel. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters'study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. 03030004 ® U.S. Geological Survey map(s). Cite scale & quad name:Green Level. ? USDA Natural Resources Conservation Service Soil Survey. Citation:. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): • ? Previous determination(s). File no. and date of response letter. ? Other information (please specify): IMPORT, has later jurisdictional determinations. 3 Nolo Q' Signatu a and date of Regulatory Project Manager (REQUIRED) 9 - ??A ?, -? Signat re a date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Estimated amount of Class of Site Latitude Longitude Cowardin aquatic aquatic number Class resource in resource review area Wetland Emergent 0.024 acres non-section 10 Area 1 - wetland Wetland Forested 016acres 0 non-section 10 Area 2 . - wetland Wetland Forested 103 acres 0 non-section 10 Area 3 . - wetland Wetland Forested 009 acres 0 non-section 10 Area 4 . - wetland Wetland Forested 002 acres 0 non-section 10 Area 5 . - wetland Wetland Forested 119 acres 0 non-section 10 Area 6 . - wetland Wetland Forested 015 acres 0 non-section 10 Area 7 . - wetland Wetland Forested 010 acres 0 non-section 10 Area 8 . - wetland Wetland Forested 041 acres 0 non-section 10 Area 9 . - wetland Wetland Forested 082 acres 0 non-section 10 Area 10 . - wetland Wetland Forested 004 acres 0 non-section 10 Area 11 . - wetland Wetland Emergent 0.062 acres non-section 10 Area 12 - wetland Wetland Forested 010 acres 0 non-section 10 Area 13 . - wetland Wetland Forested 011 acres 0 non-section 10 Area 14 . - wetland Stream Perennial 55 Linear Feet, non-section 10 Area 1 0.028 acres - non-wetland Stream 111 Linear Feet, non-section 10 Area 2 Intermittent 0.010 acres - non-wetland Stream Perennial 50 Linear Feet, non-section 10 Area 3 0.011 acres - non-wetland Stream 45 Linear Feet, non-section 10 Area 4 Intermittent 0.003 acres - non-wetland Stream 46 Linear Feet, non-section 10 Area 5 Perennial 0.005 acres - non-wetland Stream Perennial 41 Linear Feet, non-section 10 Area 6 0.003 acres - non-wetland Stream 117 Linear Feet, non-section 10 Area 7 Perennial 0.060 acres - non-wetland Stream Perennial 57 Linear Feet, non-section 10 Area 8 0.013 acres - non-wetland E • • • Estimated Site Cowardin amount of Class of number Latitude Longitude Class aquatic aquatic resource in resource review area Stream Intermittent 41 Linear Feet, non-section 10 Area 9 0.002 acres - non-wetland Stream Perennial 51 Linear Feet, non-section 10 Area 10 0.022 acres - non-wetland Stream Perennial 42 Linear Feet, non-section 10 Area 11 0.014 acres - non-wetland • Sheet Pof 2, I v-, S • +??!'? ?, ` 6Q! ????? • ?- -r Off: r ?, ? ? ., f ,, ^. :?,;IIW C f r- t ?-J ? ? •? ?i• • 1 lilt % NY' ` our Fife /}', ? j... ''`. .? ?.. 'III ','.' ?1. ••; r /, _;i?'J ! 00, f FIGURE 1: USGS Prepared By., Date: Job Number: RAVE TOPOGRAPHIC QUADRANGLE LT 02-16-09 02060708 ENGINEERS , WITHERS PLANNERS SURVEYORS S 111 MacKenan Drive Cary, North Carolina 27511 Beaver Creek Force main sewer Wake County, North Carolina tel.- 919-469-3340 tax.- 919-467-6008 Feet 0 1, 000 2, 000 4, 000 www.withersravenel.com New Hip Quadrangle 'Sheet 2 of 2� �\' �J• �- � -\\ ave_ . �-, �--- \ L" New Hiles �' j �'• ��.. - �: � � � v�J�`�i` �', �r / � / +" `�4' ri 4 '^ �, 1135\ I� I • \ ••� l i _✓ I ( l - .0 ��1 / tI _,/ r•� v if J � L� �1_. ! ?�`,•,y ,,.-j•., _� i I `� t k i ";" , JIB ����,� 1� �. t 1 1311 FF\ FIGURE 1: USGS Prepared By: Date: Job Number: ENGINEERS PLAA N WITHERS N RS SUR VEVORS RAVE NEL TOPOGRAPHIC QUADRANGLE LT 02-16-09 02060708 NNE Ill MacKenan Drive Cary, North Carolina 27511 Beaver Creek Force Main Sewer Wake County, North Carolina to/:919-469-3340 fax: 919-467-6008 Feet 0 1,000 2,000 4,000 www.withersravenel.com New Hill Quadrangle v m S x w r- k --J r T ? I r--?I L J 01 r - 1 W I I L' J r/ I OD m x W n r m S X W ?I I I I I F L- J m x x w 1 r- ?I I I I L J r- ?- J / Ln T i x x w V c' ?\ W ?\ II ? L ? II m x x w \ m S X W I I r-4 Y W U cr x m %'O,u 7.?Cf"/10 t X 70 J t ? N = X W m r L L- m x x W Y Z W LO i U cy N wd QI W D ME J J Z v 4 W ?$ ` W gg5 I t O?C Q N W o Z 'r Z ff. a W W' Iz ¦ W `. cn X F- W z Q w ~ Z ? w Z Z V Q Z - LLJ ' 30 4 u M Oo "14 w a Ln M a 1 O p 00 rl O O Ol In U-) r O o I I I I I 1 r r 0 z Z I I I NZ J L w L i 0 Z:2 J A I i 0 ?W _ - I 1 I I I I I QC/ Z U Q a Z it a z W a !Z O Ww Y o 5 W 3 a a U 2 Z < WWc - 2 w >. m N r w Q 2 } 9 0. j zU ck: w 0. w LLI a a w ? Luce I-? a a ~ I >m 1 \\ 1 o W o a _ Q O V) o 0 CL u Q c U o No59313d XDkU9 J - ft H:r, 6WL 'cl W W?+e9 'LPP?^VL -6•p' M Flo l - RIo9\n319\.d°n Jwd .Puglw\OVJ\?u!1 IunUul NPN ? -90LOW\oDLO-YO\DO\:M • 0 y r-? ? 4 0 1 \ \ \? ,? ?? BCFM WETLAND AREA 1 i Cy SRO •. '?`?=,:? SAN 4,0 1% a HERBACEOUS WETLANDS . . ` 1.029 SQ. FT/0.024 AC TEMPORARY IMPACTI LEGEND WETLANDS _ f PERMANENT IMPACTS - TEMPORARY IMPACTS - STREAM IMPACTS: • PERMANENT CHANNEL - - ••• - GRAPHIC SCALE so 0 25 so ioo PERMANENT AREA - TEMPORARY CHANNEL - --------- inch = 50 ft. TEMPORARY AREA - ` - 0 SF (0 AC) - 1,029 SF (0.024 AC) - 0 LF - 0 SF (0 AC) - 0 LF - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS & RAVENEL BEAVER CREEK FORCE MAIN EXHIBIT 1 iNNIN[[Rf I PLANNERS 1 SURVEYOR[ 0 • I / PERENNIAL STREAM - `, 1217 SQ. FT/0.028 AC 1 55 LF TEMPORARY IMPACT I INTERMITTENT STREAM 447 SQ. FT/0.010 AC 111 LF l TEMPORARY IMPACT i d l L BCFM STREAM AREA 1 LEGEND WETLANDS - l PERMANENT IMPACTS - - 27 SF (0.001 AC) TEMPORARY IMPACTS - ® - 677 SF (0.016 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF GRAPHIC SCALE 50 0 25 50 100 PERMANENT AREA - '•'•;•;•;• - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 166 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 1,664 SF (0.038 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL BEAVER CREEK FORCE MAIN EXHIBIT 2 946INEIRS I IIANNSIS I SURVIYOns BCFM STREAM AREA 2 / / / / / . 4 / % / X / / /`f BCFM WETLAND AREA 2 • • 8CFM WETLAND AREA 3 r LEGEND WETLANDS - f PERMANENT IMPACTS - - 1,387 SF (0.032 AC) TEMPORARY IMPACTS - ® - 3,081 SF (0.071 AC) STREAM IMPACTS: GRAPHIC SCALE 50 0 25 50 100 MOL 1 inch = 50 ft. PERMANENT CHANNEL - - • • • - - 0 LF PERMANENT AREA - ;•:•:•:•: • - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL BEAVER CREEK FORCE MAIN ENGINEERS I PLANNERS 1 SURVEYORS EXHIBIT 3 • BCFM STREAM AREA 3 PERENNIAL STREAM 325 SQ. FT/0.008 AC. 34 LF TEMPORARY IMPACT FORESTED WETLANDS 83 SQ. FT/0.002 AC. PERMANENT IMPACT i! PERENNIAL STREAM 145 SQ. FT/0.003 AC. 16 LF PERMANENT IMPACT i i i / i i i 00 i i 'oe FORESTED WETLANDS 284 SQ. FT/0.007 AC. TEMPORARY IMPACT BCFM WETLAND AREA 4 LEGEND GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 h. WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS RAVENEL BEAVER CREEK FORCE MAIN ENGINEERS I PLANNERS I SURVEYORS EXHIBIT 4 WETLANDS - PERMANENT IMPACTS - - 83 SF (0.002 AC) TEMPORARY IMPACTS - ® - 284 SF (0.007 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 16 LF PERMANENT AREA - .•.•.•.'.•,?. - 145 SF (0.003 AC) TEMPORARY CHANNEL - --------- - 34 LF TEMPORARY AREA - ® - 325 SF (0.008 AC) FORESTED WETLANDS 85 SQ. FT/0.002 AC. TEMPORARY IMPACT 8CFM WETLAND AREA 5 8CFM STREAM AREA 4 . / .......................... / . .. ....................... . / / / INTERMITTENT STREAM 63 SQ. FT/0.0014 AC. 28 LF / TEMPORARY IMPACT INTERMITTENT STREAM 78 SQ. FT/0.0018 AC. 17 LF PERMANENT IMPACT LEGEND WETLANDS - PERMANENT IMPACTS - TEMPORARY IMPACTS - STREAM IMPACTS: - 0 SF (0 AC) - 85 SF (0.002 AC) PERMANENT CHANNEL - - ••• - - 17 LF • GRAPHIC SCALE 50 0 25 50 100 PERMANENT AREA - .•.•,•,*,*.•,• - 78 SF (0.002 AC) TEMPORARY CHANNEL - --------- - 28 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 63 SF (0.001 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS RAVENEL BEAVER CREEK FORCE MAIN EXH I BIT 5 [MfIM[[[[ 1 PIANM[[f i su[v[ro[s 4 • • I I I I ............... ................. ................... ................... ..................... .................... ................... .............. ............... 3 GRAPHIC SCALE 50 0 25 50 100 ?g i 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS W?TFIERS &- RAVENEL - 1[7? BEAVER CREEK FORCE MAIN EMEINi[RS 1 PLANNERS I SURVEYORS EXHIBIT 6 HEADWATER FOREST WETLANDS 1,315 SQ. FT/0.030 AC. PERMANENT IMPACT HEADWATER FOREST WETLANDS 3,881 SQ. FT/0.089 AC. TEMPORARY IMPACT 8CFM WETLAND AREA 6 LEGEND WETLANDS -?_.. °._ PERMANENT IMPACTS - - 1,315 SF (0.030 AC) TEMPORARY IMPACTS - ® - 3,881 SF (0.089 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ' ' ;•;•; ; ' - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) • • F >r a 'e 4 8 rl BCFM WETLAND AREA FORESTED WETLANDS 768 SQ. FT/0.018 AC. PERMANENT IMPACT a w r l" `r 'r / / / FORESTED WETLANDS 4535 SQ. FT/0.104 AC. TEMPORARY IMPACT LEGEND WETLANDS - J PERMANENT IMPACTS - TEMPORARY IMPACTS - FZ? STREAM IMPACTS: - 768 SF (0.018 AC) - 4535 SF (0.104 AC) PERMANENT CHANNEL - - ••• - - 0 LF GRAPHIC SCALE - 0 SF (0 AC) PERMANENT AREA 50 0 25 50 100 TEMPORARY CHANNEL - --------- - 0 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS RAVENEL BEAVER CREEK FORCE MAIN EXHIBIT 7 INNINIINI I PLANNINS I /YNVIYONN 0 I I I I I I I I I FORESTED WETLANDS 59 SQ. FT/0.001 AC. PERMANENT IMPACT BCFM WETLAND AREA 8 FORESTED WETLANDS 395 SQ. FT/0.009 AC. TEMPORARY IMPACT LEGEND WETLANDS - PERMANENT IMPACTS - 59 SF (0.001 AC) TEMPORARY IMPACTS - ® - 395 SF (0.009 AC) STREAM IMPACTS: • PERMANENT CHANNEL - - ••• - - 0 LF GRAPHIC SCALE so o zs so ioo PERMANENT AREA - • • - 0 SF (0 AC) •'•'•'•'• TEMPORARY CHANNEL - --------- - 0 LF I inch = 50 ft. TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL BEAVER CREEK FORCE MAIN GERMANS I PLANNERS 1 SURVEYORS EXHIBIT 8 BCFM STREAM AREA 5 I I I I I I \I I I I I I I I I I I I ? I I PERENNIAL STREAM 178 SQ. FT/0.004 AC. 35 LF TEMPORARY IMPACT I I PERENNIAL STREAM 55 SQ. FT/0.0013 AC. I . • • 11 LF I .......... PERMANENT IMPACT I I I I I I I I LEGEND GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 k. WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL BEAVER CREEK FORCE MAIN ENGINEERS I PLANNER! I SURVEYORS EXHIBIT 9 11 WETLANDS - _- PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 11 LF PERMANENT AREA - '.'.•.' ' ' - 55 SF (0.001 AC) TEMPORARY CHANNEL - --------- - 35 LF TEMPORARY AREA - ® - 178 SF (0.004 AC) 0 0 a FORESTED WETLANDS 461 SQ. FT10.011 AC. PERMANENT IMPACT BCFM STREAM AREA 6 PERENNIAL STREAM 124 SQ. FT/0.0024 AC. 31 LF TEMPORARY IMPACT PERENNIAL STREAM 37 SQ. FT/ 0.0008 AC. 10 LF PERMANENT IMPACT I I I I I I I I I I I I I BCFM WETLAND AREA 9 ........ . ..... I I FORESTED WETLANDS 1,293 SQ. FT/0.030 AC. TEMPORARY IMPACT I I I I I I I I I I I I GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL BEAVER CREEK FORCE MAIN INGINSSNS 1 ?LANNSNS I sumv6voms EXHIBIT 10 LEGEND WETLANDS - .+ PERMANENT IMPACTS - - 461 SF (0.011 AC) TEMPORARY IMPACTS - - 1,293 SF (0.030 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 10 LF PERMANENT AREA - ` `•.•:•.•• - 37 SF (0.001 AC) TEMPORARY CHANNEL - --------- - 31 LF TEMPORARY AREA - ® - 124 SF (0.002 AC) • PERENNIAL STREAM 833 SQ. FT/0.019 AC. 47 LF PERMANENT IMPACT PERENNIAL STREAM 1,770 SQ. FT/0.041 LAC. F 70 TEMPORARY IMPACT HEADWATER FOREST WETLANDS -? 786 SQ. FT/0.018 AC. PERMANENT IMPACT I I I I ?. I • I BCFM STREAM AREA 8 i GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 k. WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL BEAVER CREEK FORCE MAIN EXHIBIT 11 ENGINEERS I PLANNERS I SURVEYORS BCFM STREAM AREA 7 I I HEADWATER FOREST WETLANDS e 2,765 SQ. FT/0.064 AC. TEMPORARY IMPACT BCFM WETLAND AREA 10 I I I I PERENNIAL STREAM 1 174 SQ. FT/0.004 AC. I 42 LF TEMPORARY IMPACT PERENNIAL STREAM I 387 SQ. FT/0.009 AC. 15 LF PERMANENT IMPACT I LEGEND WETLANDS - I I PERMANENT IMPACTS - - 786 SF (0.018 AC) I I TEMPORARY IMPACTS - ® - 2,765 SF (0.063 AC) I STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 162 LF PERMANENT AREA - .•.',',',*,',' - 883 SF (0.019 AC) TEMPORARY CHANNEL - --------- - 112 LF TEMPORARY AREA - ® - 1,944 SF (0.045 AC) LINEAR WETLAND I 130 SQ. FT/0.003 AC. I BCFM WETLAND AREA 11 S 1? TEMPORARY IMPACT • P o_ 8 LINEAR WETLAND I? N I 32 SQ. FT/0.001 AC. PERMANENT IMPACT I I I I I I I I I I I I I I I I I I I I I ? I INTERMITTENT STREAM INTERMITTENT STREAM I 61 SQ. FT/0.001 AC. 20 SQ. FT/0.001 AC. i 31 LF 10 LF TEMPORARY IMPACT PERMANENT IMPACT I I r BCFM STREAM AREA 9 LEGEND WETLANDS PERMANENT IMPACTS - - 32 SF (0.001 AC) TEMPORARY IMPACTS - ® - 130 SF (0.003 AC) STREAM IMPACTS: PERMANENT CHANNEL - - •• - 10 LF PERMANENT AREA - ,',',+,+,+,+,• - 20 SF (0.001 AC) TEMPORARY CHANNEL - --------- - 31 LF TEMPORARY AREA - ® - 61 SF (0.001 AC) ffill, GRAPHIC SCALE 50 0 25 50 100 RISE I 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS & RAVENEL BEAVER CREEK FORCE MAIN ENGINEERS I PLANNERS I SURVEYORS ca wakeCounty ,,,,,,,,, EXHIBIT 12 EMERGENT WETLANDS 570 SQ. FT/0.013 AC. PERMANENT IMPACT EMERGENT WETLANDS 2, 1 18 SQ. FT/0.049 AC. TEMPORARY IMPACT .' I I I I I I I I I I I I I I I '. . . ' . . ' . . ' . '.'.'.' . ............... I . '.'.'.'. . . . '•'-''' • '• BCFM WETLAND AREA 12 LEGEND GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WETLANDS - PERMANENT IMPACTS - - 570 SF (0.013 AC) TEMPORARY IMPACTS - ® - 2,118 SF (0.049 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - •:':•:•: - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) L WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL BEAVER CREEK FORCE MAIN 3 ENGINEERS 1 PLArrfff 1 SURVEYORS EXHIBIT 1 • • i i B S HEADWATER FOREST WETLANDS 295 SQ. FT/0.007 AC. TEMPORARY IMPACT HEADWATER FOREST WETLANDS l 148 SQ. FT/0.003 AC. / PERMANENT IMPACT l I / / N / LEGEND WETLANDS - / PERMANENT IMPACTS - / TEMPORARY IMPACTS - STREAM IMPACTS: - 148 SF (0.003 AC) - 295 SF (0.007 AC) PERMANENT CHANNEL - - ••• - - 0 LF GRAPHIC SCALE so o zs so PERMANENT AREA - ;•;•; ioo - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF 1 inch = 50 h. TEMPORARY AREA - ® - 0 SF (0 AC) WESTERN WAKE PARTNERS F WETLAND AND STREAM IMPACTS W?THER3 RAVENEL BEAVER CREEK FORCE MAIN sN?iraaas 1 ?LANNfIa i suavaroas Cary WakeCounm N!,N,,,,;, EXHIBIT 14 I? L PERENNIAL STREAM 723 SQ. FT/0.017 AC. 40 LF TEMPORARY IMPACT 1 I I PERENNIAL STREAM 223 SQ. FT/0.005 AC. 11 LF PERMANENTIMPACT I I I I I I HEADWATER FOREST WETLANDS 374 SQ. FT/0.009 AC. TEMPORARY IMPACT I I ? I I I I I I I I I I BCFM STREAM AREA 10 BCFM WETLAND AREA 14 HEADWATER FOREST WETLANDS 73 SQ. FT/0.002 AC. PERMANENT IMPACT I I I ' LEGEND WETLANDS - PERMANENT IMPACTS - - 73 SF (0.002 AC) I TEMPORARY IMPACTS - - 374 SF (0.009 AC) STREAM IMPACTS: • i PERMANENT CHANNEL - - ••• - - 11 LF I GRAPHIC SCALE I 50 0 25 50 100 PERMANENT AREA - - 223 SF (0.005 AC) I im? TEMPORARY CHANNEL - --------- - 40 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 723 SF (0.017 AC) i WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS RAVEN EL. BEAVER CREEK FORCE MAIN ¦wr?raaas i r?Awwaas i suavavoaa ca Wake County North Camlina EXHIBIT 15 a PERENNIAL STREAM 137 SQ. FT/0.003 AC. 11 LF PERMANENT IMPACT • BCFM STREAM AREA 11 SC E t g? t i •I i i GRAPHIC SCALE 50 0 25 50 100 I inch = 50 ft. PERENNIAL STREAM 1026 SQ. FT/0.024 AC. 82 LF TEMPORARY IMPACT LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 11 LF PERMANENT AREA - • :• - 137 SF (0.003 AC) TEMPORARY CHANNEL - --------- - 82 LF TEMPORARY AREA - ® - 1026 SF (0.024 AC) WESTERN WAKE PARTNERS WETLAND AND STREAM IMPACTS WITHERS t- RAVENEL BEAVER CREEK FORCE MAIN INGINSINS I ILANNSNS I suNrlro Ns EXHIBIT 16 • Influent Line - Preliminary JD Forms and Maps Beaver Creek Gravity Sewer 0 0 Western Wake (Beaver Creek Gravity Sewer) PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): February 12, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Town of Cary, Contact Person: Jamie Revels C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AID #: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This portion of the Western Wake project is know as Beaver Creek gravity Sewer, and is located between Olive Chapel Road (SR 1160) and Richardson Road (SR 1145). See attached USGS. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake County Center coordinates of site (lat/long in degree decimal format): Lat. 35.7230155° North, Long. 78.928393° West. Universal Transverse Mercator: NA Name of nearest waterbody: Beaver Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 41 linear feet: Varied width (ft). Cowardin Class: Riverine Stream Flow: See Attached Table Wetlands: 0.022 acres. Cowardin Class: Emergent Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NA Non-Tidal: NA E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 0 2 ® • Maps, plans, plots or plat submitted by or on behalf of the applicantlconsultant: Withers & Ravenel. ® Data sheets prepared/su.bmitted by or on behalf of the applicant/consultant. * Office. concurs with data sheets/delineation report. ? Office: does not concur with data sheets/delineation report. ? Data. sheets prepared by the Corps: ? Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: •> • ?. USGS NHD data. ® USGS 8 and 12 digit HUC maps. 03030004 ® U.S. Geological Survey map(s). Cite scale & quad name:Green Level. ? USDA Natural Resources Conservation Service Soil Survey. Citation:. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: of 1929) (National Geodectic Vertical Datum ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): ? Previous determination (s). File no. and date of response letter: ? Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the. Corps and should not be relied upon for later jurisdictional determinations. 2,:?, ? Signatu a and date of Regulatory Project Manager (REQUIRED) IZ 22?b? Sign arAl date of person regVesting preliminary JD (REQUIRED, unless obtaining the sictnature is im.gracticablel 3 • Estimated amount of Class of Site Latitude Longitude Cowardin aquatic aquatic number Class resource in resource review area Wetland non-section Area 1 Emergent 0.022 acres 10 - wetland non-section Stream Intermittent 41 Linear Feet, 10 - non- Area 1 0.012 areas wetland • 0 SDtv j .i' ! ?' 0'Q ?i / L, ?1 5i ?th? r.S 4 i• t t . ir,,?rdr? 00 r J hi, J ' •' ( - ?.... r?, t?" ?-?.. ` , 1 ?•- ,, ill /•..I?i l pe, -1 V '?`L•} ` ' ?^?? \- .1 /gyp' 1 i. • ?? ? (/ ??r • !) i . / - J. ( ? `? /? 1167 h , ??_: ?, ? t,6t ? ' -? ?1 < I -fit r?J \, • . ? au? ? r r p J1.0 t WITHERS RAV E N E L FIGURE 1: USGS Prepared By: Date: Job Number.' ENGINEERS ) PLANNERS i SURVEYORS TOPOGRAPHIC QUADRANGLE LT 02-16-09 02060708 111 MacKenan Dnve Cary, North Carolina 27511 Beaver Creek Gravity sewer tel: 919-469-3340 fax: 919-467-6008 Wake County, North Carolina Feet www. withersravenel.com 0 1, 000 2, 000 4, 000 New Hill Quadrangle j N ° o ° ° °o e? n \ \? ?? / ZO 1 /b F- W W 2 N m 2 x W Q a a a , (0 8 tD O 1? O Q 8 ? Ov O O v O v LL tL J LL J N In N to 0 N ° ID N W I I I I I I M r' W f > Y W y J .1 F i yyy y y •?• I I I Y ? . 1 .. 1 1 i J f I I I <f I I I 1 a _ N_ N °z N a w Q a U a 2 J z z cl: a J z z a ° P s z W =z g FY5 3 z LLI z F" z o a N z a: a a 2 a W 1-- a: a W o v o a ° W / / ° / ,/ a er?: 11 1 = / .r = ??Y!! x o a LLI ck: F OF •° °° a ° a a. ?a! f ° w :3 A t° m Iz `.. 4! "I%4l z ca ? N / W a 0 W ^ J N Q U V) U^ 2 a ?o Q x ? o W c) ? Z m < Q w w cz z cV) V Z Q Q J J 0 ne Z LU CD Q N p u H c L 0 ce z ^' 1..1..1 I e W LU z v) CL" W ?leU = Q\, ° Y Y W3 Z3? 0!? U ?0? ?) w LLJ> 3 w co to o J NOSN313d X3WVd - m WLG*l 60OZ 'Ol 1"...N 'R.a j -BMU.N W.M - S!J7? B\i'1]6\Y.M I...M WM WM\M\Wl 1..MM MM w.WM-YOL090\aaLO-YO\90\?M 0 HERBACEOUS WETLAND 705 SQ. FT/0.016 AC TEMPORARY IMPACT BCGS WETLAND AREA 1 • - HERBACEOUS WETLAND ?• 252 SO. FT/0.006 AC. PERMANENTIMPACT LEGEND WETLANDS - PERMANENT IMPACTS - TEMPORARY IMPACTS - STREAM IMPACTS: - 252 SF (0.006 AC) - 705 SF (0.016 AC) PERMANENT CHANNEL - - ••• - - 0 LF u PERMANENT AREA - .•,•,•;'0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 100 TEMPORARY AREA - ® - 0 SF (0 AC) a 1 inch = 50 ft. CONSERVATION EASEMENT - j WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS & RAVENEL BEAVER CREEK GRAVITY SEWER ENSINEERS I PLANNERS I SURVEYORS A,? w,k, Co ?,. EXHIBIT 1 • • \ BCGS STREAM AREA 1 INTERMITTENT STREAM 124 SQ. FT/0.0029 AC 10 LF PERMANENT IMPACT \ \ 00 \ INTERMITTENT STREAM \ 386 SQ. FT/0.009 AC \ 31 LF TEMPORARY IMPACT # 4 i 13 g LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: U PERMANENT CHANNEL - - ••• - - 10 LF GRAPHIC SCALE PERMANENT AREA - :•;•;•:•:•: - 124 SF (0.003 AC) 50 0 25 50 100 TEMPORARY CHANNEL - --------- - 31 LF 1 inch = 50 ft. TEMPORARY AREA - ® - 386 SF (0.009 AC) WESTERN WAKE PARTNERS JJ WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL BEAVER CREEK GRAVITY SEWER ENGINEERS I PLANNERS 1 SURVEYORS Anne ????,-,m.. EXHIBIT 2 0 Influent Line - Preliminary JD Forms and Maps Beaver Creek Pump Station is Western Wake (Beaver Creek Pump Station) PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): February 12, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Town of Cary, Contact Person: Jamie Revels C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AID #: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This portion of the Western Wake project is known as the Beaver Creek Pump Station site is located on the north side of Olive Chapel Road (SR 1160), approximately 2,000 feet east of the Norfolk Southern Railway. See attached USGS. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake County Center coordinates of site (lat/long in degree decimal format): Lat. 35.7283216° North, Long. 78.9286750° West. Universal Transverse Mercator: Name of nearest waterbody: Reedy Branch Identify (estimate) amount of waters in the review area: Non-wetland waters: 40 linear feet: Varied width (ft). Cowardin Class: Riverine Stream Flow: See Attached Table Wetlands: 0.018 acres. Cowardin Class: See Attached Table Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to 0 request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: • 2 4.) • SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ®, Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant; Withers & Raveriel. ® Data sheets prepared/submitted by or on behalf of.the applicant/consultant. . . ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. 03030004 ® U.S. Geological Survey map(s). Cite scale & quad name: New Hill, 1:2000. ? USDA Natural Resources Conservation Service Soil Survey. Citation:. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodp lain Elevation is: of 1929) (National Geodectic Vertical Datum ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): ? Previous determination(s). File no. and date of response letter: ? Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signattre and date of Regulatory Project Manager (REQUIRED) Signa re an ate of person requ/sting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) • Estimated Site Cowardin amount of Class of Latitude Longitude aquatic aquatic number Class resource in resource review area Stream Intermittent 40 Linear Feet, non-section 10 Area 1 0.018 Acres - wetland 0 IF r - ` ';J,ii 2k 91 i Creek ) R tf Ml��ir'J V 'F,✓ -� _ .... .. '.R - --;ems• . Mali r'1 N111, ti � ;f r �ur r � / ' , + . f I• C til t •f � � � � V L .. -. 1 � rte: 1 _ i • ,� i - - - '— -yfj^�?�► �� _ ,'� . Beaver Creek PS r.;, 4j •� /JIre F 1 \ . f _ ,fir. ( _ Prepared By: Date: Job Number: FIGURE 1.- WITHERS �� RAVENEL USGS ENGINEERS i PLANNERS I SURVEYORS TOPOGRAPHIC QUADRANGLE LT 02-16-09 02060708 111 MacKenan Drive Cary, North Carolina 27511 Beaver Creek P.S. Wake County, North Carolina 1 inch = 2,000 feet tel: 919-469-3340 fax: 919-467-6008 Feet www .withersravenel.corn Greenlevel Quadrangle 0 1,000 2,000 4,000 0 • I I I t a it I< 3 B k .! BCPS STREAM AREA 1 INTERMITTENT STREAM 794 SO. FT/0.018 AC. 40 LF TEMPORARY IMPACT PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - •• - - 0 LF PERMANENT AREA - ,,•.•,•,•,•,• - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - 40 LF so 0 25 sI ioo TEMPORARY AREA - ® - 794 SF (0.018 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS BRAVER CREEK PUMP STATION WETLAND AND STREAM BUFFER WITHERS &- RAVENEL ENGINEERS 1 PLANNERSI SURVEYORS EXHIBIT 1 0 Effluent Line - Preliminary JD Forms and Maps • n u • r1 U 0 Western Wake (Effluent Force Main) PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): February 12, 2009 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Town of Cary, Contact Person: Jamie Revels C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AID #: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This portion of the Western Wake project is know as Effluent Force Main Sewer, and is located between New Hill Holleman Road (SR 1160) and the Cape Fear River Road, south of Buckhorn Road (SR 1921). See attached USGS. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake & Chatham Counties Center coordinates of site (lat/long in degree decimal format): Lat. 35.7371690° North, Long. 78.9140890° West. Universal Transverse Mercator: NA Name of nearest waterbody: Big Branch, Thomas Creek, Tom Jack Creek, Buckhorn Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 753 linear feet: Varied width (ft). Cowardin Class: Riverine Stream Flow: See Attached Table Wetlands: 0.434 acres. Cowardin Class: See Attached Table Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NA Non-Tidal: NA E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): E 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. • 2 • • This preliminary JD Finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case rile and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Withers & Ravenel. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ® USGS 8 and 12 digit HUC maps. 03030004 ® U.S. Geological Survey map(s). Cite scale & quad name:Green Level. ? USDA Natural Resources Conservation Service Soil Survey. Citation:. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or[] Other (Name & Date): E ? Previous determination(s). File no. and date of response letter: ? Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for laterjurisdictional determinations. d-A.- `gn re and date of Regulatory Project Manager (REQUIRED) 9ca L Signature a date of person re uesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) 3 Estimated Site Cowardin amount of Class of number Latitude Longitude Class aquatic aquatic resource in resource review area Wetland non-section 1 Area Herbaceous 0.037 acres 10- wetland Wetland non-section 2 Area Forested 0.016 acres 10- wetland Wetland non-section 3 Area Herbaceous 0.008 acres 10- wetland Wetland non-section 4 Area Herbaceous 0.011 acres 10- wetland Wetland non-section 5 Area Forested 0.022 acres 10- wetland non-section Wetland Forested 0 025 acres 10- 6 Area . wetland non-section Wetland Forested 0 122 acres 10- 7 Area . wetland non-section Wetland Forested 015 acres 0 10- 8 Area . wetland non-section Wetland Forested 0.008 acres 10- 9 Area wetland non-section Wetland n Forested 0.0001 acres 10- Area 10 wetland non-section Wetland Forested 0.001 acres 10- 11 Area wetland non-section Wetland Forested 0.021 acres 10- 12 Area wetland non-section Wetland Forested 0.004 acres 10- 13 Area wetland t • • • Estimated Site Cowardin amount of Class of number Latitude Longitude Class aquatic aquatic resource in resource review area Wetland non-section Area 14 Forested 0.026 acres 10- wetland Wetland non-section Area 15 Forested 0.117 acres 10- wetland Stream 21 Leaner Feet non-section Area 1 Intermittent , 0.001 acres 10 - non- wetland Stream 49 Linear Feet non-section Area 2 Perennial , 0.005 acres 10 - non- wetland Stream 44 Linear Feet non-section Area 3 Intermittent , 0.003 acres 10 - non- wetland Stream 46 Linear Feet non-section Area 4 Perennial , 0.007 acres 10 - non- wetland Stream 40 Linear Feet non-section Area 5 Intermittent , 0.003 acres 10 - non- wetland Stream 42 Linear Feet non-section Area 6 Intermittent , 0.004 acres 10 - non- wetland Stream 40 Linear Feet non-section Area 7 Intermittent 0.010 acres 10 - non- wetland Stream 40 Linear Feet non-section Area 8 Intermittent , 0.013 acres 10 - non- non- wetland Stream 44 Linear Feet non-section Area 9 Perennial , 0.002 acres 10 - non- wetland Stream 44 Linear Feet non-section Area 10 Perennial , 0.011 acres 10 - non- wetland Stream 44 Linear Feet non-section Area 11 Perennial , 0.024 acres 10 - non- wetland 0 Estimated amount of Class of Site Latitude Longitude Cowardin aquatic aquatic number Class resource in resource review area non-section Stream Perennial 73 Linear Feet, 10 - non- Area 12 0.020 acres wetland non-section Stream Intermittent 46 Linear Feet, 10 - non- Area 13 0.003 acres wetland Stream 100 Linear Feet non-section Area 14 Perennial 020 acres 0 10 - non- . wetland non-section Stream Perennial 80 Linear Feet 10 - non- Area 15 0.048 acres wetland • • 0 ,. Sheet 1 �� ' � � ��«;�-% -' - � • 'fi. II ,, • • y� _ ^moi_ �_ � � ��►/ �;.- 1 � 1 boe l ' 4- `.4J�it �� � !{t, rG—� 46:: is 1\ 00. FIGURE 1: USGS Prepared By. Date Job Number. ENGINEERS i PLANNERS SURVEYORS WITHERS RAV E TOPOGRAPHIC QUADRANGLE LT 10-08-08 02060708 E� RS E L I Western Wake Effluent Line 111 MacKenan Drive Cary, North Carolina 27511 Wake County, North Carolina Feet tel: 9 19-469-3340 fax: 919-467-6008 Moncure, New Hill, Cokesburry, 0 1,000 2,000 41000 wwwwithersravenefcom I & Merry Oaks Quads Sheet 2 1" 1.., . ,,(1 . :- t ? • •?;. ) • ?'?:?"'- ..'s??, `. ? ?- ? ?,?? ? it t' ? ?!{ . ? ,? ICU oo- .0000 / •281 -------------- v 00' :?. . ltan•} ,)aka , 46. i t 77 Nt? Dam yb(ti 7? 49 • / 141: `+.. ? _?, h ? r -'- ' ..\.' I I^ F 11 ? ? i y A -I FIGURE 1: USGS Prepared By: Date: Job Number.' WITHERS ??Z? RAV E OR E L ENGINEERS i PLANNERS SURVEYORS TOPOGRAPHIC QUADRANGLE LT 10-08-08 02060708 111 MacKenan Drive Cary, North Carolina 27511 Western Wake Effluent Line Wake County, North Carolina te1:919-469-3340 fax: 919-467-6008 Feet Moncure, New Hill, Cokesburry, 0 1, 000 2, 000 4, 000 www.withersravenelcom & Merry Oaks Quads ) f , ?? tl n1 t i Sheet ,3 1 r /r fiso it `- j ? ?? ?. •1413 \ - i, .J :?i .•> / try ? ? ) ?- y`Y ti \ t :l (( .?t?\9? ? ? f r _?, ?y: ? is "! ? ? _ t?''1' vii ?1,r'?1?" ? l_ ,` ? ,? ,, / ? ;`?•`?? `? c : 1 s 1 - O?: 1r ,L? `•,? ? 1 ,rig ? '? %, '` ? \! " . !V" -_?.' ? \_ . ?--. ? i t\ ?.. _ (?? . i ? ! I f f \\•7?? % ?-? /• i \ elt'r c i ,F- .r .t'.:.?"? v?'•- ??,?:' 11 r JR ,?i• •.? 1. pit . ?? / / Z . a1kti7 r 1,w1 S r? f?' * 41 ' \?y,,Ty. •11 . _ - ?a j \? ?- i' 3'•, " ! _ / l r _ _. • , +. r^ d -mac '.?'.-??i1/ - ... J 11?1f(' .f ' \? - ;\r Of; FIGURE 1: USGS Prepared By- Date: Job Number.' WITHERS ?N- RAV E N E L ENGINEERS i PLANNERS I SII1tYFY(1R1 TOPOGRAPHIC QUADRANGLE LT 10-08-08 02060708 111 MacKenan drive Cary, North Carolina 27511 Western Wake Effluent Line Wake County, North Carolina W.'919-469-3340 lax: 919-467.6006 Feet Moncure, New Hill, Cokesburry, 0 7, 000 2, 000 4,000 www.withersravenel.com & Merry Oaks Quads `Sheet 4 ? yyll0 Ji i. . J ( 1, 41 ?. ?. ? is-' ? - ?:?•?`..``? ??. Ile ti '> r? r I.,.?•, ? 1 1 tit ? , + jG >[ , 3SQ-/?. s Ord s AU i 4?? ? i N It WITHERS ?3 RAV E N E L ENGINEERS I PLANNERS i SURVEYORS FIGURE 1: USGS TOPOGRAPHIC QUADRANGLE Prepared By LT tatc: -08-08 Job Number: 02060708 111 MacKenan Drive Cary North Carolina 27511 Western Wake Effluent Line , Wake County, North Carolina tel. 919-469-3340 Fax: 919-467-6008 wwwwithersravenetcom Moncure, New Hill, Cokesburry, & Merry Oaks Quads 0 1,000 2,000 Feet 4,000 0 A W t0 = F N LLP W m U U .? .. (A = a s a a J v ao I- w , rn Utr) ) oo W W m??{ Z O 0 o a Z; t71 = LLJ X V 0 O 0 W r I- N W w w ' LL. W H Jy ti? to tL N w to M n N m ^ J d J N wqt to OC) ' 2 N L13 W N W to to _ W = x N I I I I I I M ?- I- W - m Q *•• Q; w ee 0 2 z I I W ?_ N W W ? ,• I I v LAJ Lli J I y N M y , ? E N f.. ? ?• I I I ? jj I I I I 7 - ^ m W m p H H U W W w W U U M Z M Z 0: W = (n x W g a a z a z a N n in m w U Z U U 3 W z m W m x W W 2 Q a V x N w Q. N a a d w O W UQ ^ W X W ^ m a w W ~ CL LU W = Q N W Iii Z F W M) N LWL Z W m m Q 2 x W z M Q W W ~ LLP Z N N U_ J m Z Q J x Q J W L ° Z W N W I- Q W J tn F- e W M) 2 t °x w o J M U o u M _ o u < r co ^ U o ° z W N I... V) W LLP L L LJ Z cn 3 N Z Q CO m O m X 2 = o Q W W v x M -L U LLJ LLI 2 LLJ Z O c N <u- v ~ > m W >? b m = LLP Z? X N Z W W I- m W ___I W W LWL W N N I- W W 2 Ln N N ? v ~ L33 O W W S W _ I- N R N W I- O 2 m N W N = W - v N m W 2 ~?^ 2 N x I.- m W m a 2 = a M W x N W m w N W N W m x m W = x W A-ILLLU sar Smn - w [ Ilr sooe 71 swK •?ssv! -D"-ft. lase. - "n\"p\.eew lasax wmft\m\• ww" w ui -quolo\auto-w\a 9 • gu R F 1 13 11! F HERBACEOUS WETLAND AREA y 532 SQ. FL/0.012 AC. PERMANENT IMPACT 00 r?s `F?• e:--*, ?r GENa WETLANDS PERMANENT IMPACTS - - 532 SF (0.012 AC) TEMPORARY IMPACTS - ® - 1,084 SF (0.025 AC) STREAM IMPACTS: PERMANENT CHANNEL - - • • • - - 0 LF PERMANENT AREA - - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 21 LF TEMPORARY AREA - ® - 54 SF (0.001 AC) GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL EFFLUENT FORCE MAIN ENGINEERS 1 PLANNERS I SURVEYORS Cary WaaCou„? N-thC,oh a EXHIBIT 1 OQ/ EFM STREAM L ?AREA 1 EFM WETLAND AREA 1 s t ? t HERBACEOUS` WETLAND AREA 1,084 SQ. FT./0.025 AC. TEMPORARY IMPACT r` s I TRMITT T STREAM N E EN f ? 54 SQ. FT/0.001 AC. ; 1 LF 2 T EMPORARY IMPACT a ? i r° • • 9 u g? R s g g 6 r i 4 ?! 00, , •=k'a j 1.01 FORESTED WETLAND AREA 191 SQ. FT./0.004 AC. PERMANENT IMPACT EFM WETLAND AREA 2 FORESTED WETLAND AREA \. 508 SO. FT./0.012 AC. ?._ TEMPORARY IMPACT f WETLANDS - ?EG ?? r ? PERMANENT IMPACTS - - 191 SF (0.004 AC) TEMPORARY IMPACTS - ® - 508 SF (0.012 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ,,•,•,•;•.•,* - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - 0 LF so o zs so goo TEMPORARY AREA - ® - 0 SF (0 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL EFFLUENT FORCE MAIN INIINIII¦ 1 PLANNII3 i -UIYItOI- ca wake Countv Noah Camlinz EXHIBIT 2 i -_ N r? ?EFM WETLAND AREA 3 iii .. ii ,\1 , , , V O i HERBACEOUS WETLAND AREA 368 SO. FT./0.008 AC. TEMPORARY IMPACT WETLANDS - F 4 PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 368 SF (0.008 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ,•,•,?,•,•,,• - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 100 TEMPORARY AREA - ® - 0 SF (0 AC) 1 inch = 50 k. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHER8 &-RAVENEL EFFLUENT FORCE MAIN EXHIBIT 3 ENGINEERS 1 PLANNING I SURVIVOR! Carv Wa4w C".. i North raml ? 0 • FORESTED WETLAND AREA 213 SO. FT./0.005 AC. PERMANENT IMPACT ooo? x 0 U i 'a 4 g 1-11 ?/ .01 EFM WETLAND AREA 5 j 742 SO. TEMPORI "LLhLIV U ` WETLANDS - PERMANENT IMPACTS - - 213 SF (0.005 AC) TEMPORARY IMPACTS - ® - 742 SF (0.017 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ;•;•;•;•;•;• - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 100 TEMPORARY AREA - ® - 0 SF (0 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL EFFLUENT FORCE MAIN ENGINEERS 1 PLANNERS I SURV6V04S cz WakeCou NorthC-liEXHIBIT 5 0 lo, ""le e ? FORESTED WETLAND AREA 267 SO. FT./0.006 AC. PERMANENT IMPACT ''gg 00 ., -t% i! X X01' I ?I EFM WETLAND AREA 6 ?- FORESTED WETLAND AREA 839 SO. FT./0.019 AC. TEMPORARY IMPACT WETLANDS - PERMANENT IMPACTS - - 267 SF (0.006 AC) TEMPORARY IMPACTS - - 839 SF (0.019 AC) STREAM IMPACTS: PERMANENT CHANNEL - - 0 LF PERMANENT AREA - ;?:•;•;•;•;•;• - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 5 0 0 zs 50 100 TEMPORARY AREA - ® - 0 SF (0 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL EFFLUENT FORCE MAIN RNRINRRRS 1 PLAN0915 I RYRVRVOR! Ca Wake County NoehC-lina EXHIBIT 6 • x Sd? O? • t 3 F g 00 FORESTED WETLAND AREA - 1,299 SQ. FT./0.030 AC. PERMANENT IMPACT ? ?? oox CP ........... Q . ° ° . loll .. .................. 1 ............... ................. . ............... ......... . FORESTED WETLAND AREA 4,023 SQ. FT./0.092 AC. TEMPORARY IMPACT . EFM WETLAND AREA 7 ;a:° / rr WETLANDS - PERMANENT IMPACTS - - 1.299 SF (0.030 AC) TEMPORARY IMPACTS - ® - 4,023 SF (0.092 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ,?,•,•,?,•,•,• - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 100 TEMPORARY AREA - ® - 0 SF (0 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS & RAVEMEL EFFLUENT FORCE MAIN IN/INGINS 1 PIANNINI i Iuavcrot/ Ca Wake Coun North Canlina EXHIBIT 7 • 1 40 PERENNIAL STREAM 33 SQ. FT/0.0008 AC. 10 LF PERMANENT IMPACT x ? EFM STREAM AREA 2 P / r , 00 C 1 u 00 PERENNIAL STREAM oe 156 SO. FT/0.004 AC. ell, 39 LF ??? TEMPORARY IMPACT I ooo?e x , i E Ef D WETLANDS PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 10 LF PERMANENT AREA - ;•;•;•;•,•;•;• - 33 SF (0.001 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 39 LF 50 0 25 50 100 TEMPORARY AREA - ® - 156 SF (0.004 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS & RAVENEL EFFLUENT FORCE MAIN EXHIBIT 8 ENGINEERS I PLANNERS I SURVEYORS Ca Wake County North Carolina INTERMITTENT STREAM k?. -20 S0. FT/0.001 AC 10 L.F. ,•/ / ?.. PERMANENT IMPACT EFM STREAM AREA 3 d • '? i • INTERMITTENT STREAM 70 SQ. FT/0.002 AC 34 LF - ?- .6--' ?,?TEMPORARY IMPAC T LLEND WETLANDS _ PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - • • • - - 10 LF PERMANENT AREA - ;•;•;•;•;•;•;• - 20 SF (0.001 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 50 34 LF 0 25 50 100 TEMPORARY AREA - ® - 70 SF (0.002 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHE1118 RAVENEL EFFLUENT FORCE MAIN i Ca, -kL I ii,. N , , , EXHIBIT 9 [NflMfflf 1 PLAMM[!f 1 fUl VfYO tf 0 N °I I I N f ? I I I - I I I ? I I W I F I I Q r FORESTED WETLAND AREA O ? Q 302 SO. FT./0.007 AC. PERMANENT IMPACT I r cc, -I- ? I O e. FORESTED WETLAND AREA 340 SO. FT./0.008 AC. / TEMPORARY IMPACT EFM WETLAND AREA 8 i I , + I { 0 0 LEGEND WETLANDS - PERMANENT IMPACTS - - 302 SF (0.007 AC) TEMPORARY IMPACTS - ® - 340 SF (0.008 AC) STREAM IMPACTS: PERMANENT CHANNEL - •• - - 0 LF PERMANENT AREA - - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 100 TEMPORARY AREA - - 0 SF (0 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS ? WITHERS &-RAVENEL EFFLUENT FORCE MAIN RNNINRRRS 1 PLANNRRf I fNRV6VQRf Ca Wake County N-the-li- EXHIBIT 10 VTERMITTENT STREAM 11 SQ. FT/0.002 AC 30 LF TEMPORARY IMPACT • u dig 5 s B LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 10 LF PERMANENT AREA - ;•;•;•;•;• - 31 SF (0.001 AC) TEMPORARY CHANNEL - --------- - 30 LF TEMPORARY AREA - ® - 91 SF (0.002 AC) r 1 i _ --------------------- GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 R. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &- RAVEN EL EFFLUENT FORCE MAIN ENGINEERS 1 PLANNERS I SURVEYORS W,ke?, North EXHIBIT 12 • • LEGEND 'a 3 S 1 1 N? U.UUJ Al, / IMPACT STREAM AREA'6 O o INTERMITTENT STREAM y ' I 57 SQ. FT/0.0013 AC 1 I 11 LF -?. PERMANENT IMPACT WETLANDS - PERMANENT IMPACTS - 3 - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 11 LF PERMANENT AREA - ;•:•;•;•,•,•;• - 57 SF (0.001 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 31 LF 50 0 25 50 100 TEMPORARY AREA - ® - 132 SF (0.003 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &- RAVENEL EFFLUENT FORCE MAIN ENGINEER! 1 PLANNERS i EYRYEtORE EXHIBIT 13 L-l '; I fV I to I + O i N I I FORESTED WETLAND AREA ++ 83 SO. FT./0.002 AC. 00I EFM WETLAND AREA 9 PERMANENT IMPACT ! ! I I + ^ O - I FORESTED WETLAND AREA ! 261 SO. FT./0.006 AC. - I I i I N I d NJ ! + I OO f" • - E LEGEND _ WETLANDS - 3 PERMANENT IMPACTS - - 83 SF (0.002 AC) TEMPORARY IMPACTS - ® - 261 SF (0.006 AC) I i STREAM IMPACTS: I PERMANENT CHANNEL - - ••• - - 0 LF ' PERMANENT AREA - ;?,•;•;•,•;;• - 0 SF (0 AC) I GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 100 E TEMPORARY AREA - ® - 0 SF (0 AC) i 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS RAVENEL EFFLUENT FORCE MAIN cd ountv NuahC-li- EXHIBIT 14 ENGINEERS 1 PLANNERS I SURVEYORS 1 I 1 1 I I 1 EFM STREAM AREA 7 1 O 2 OI O +I w N 1 1 1 J I I 1 1 1 I I INTERMITTENT STREAM 332 SO. FT/0.008 AC 30 LF TEMPORARY IMPACT INTERMITTENT STREAM 103 SO. FT/0.002 AC 1 10 LF 1 OOI PERMANENT IMPACT 00 001 s 1 I I 1 LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - 10 LF PERMANENT AREA - .,•.•,•,•,•,• - 103 SF (0.002 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 30 LF 50 0 25 50 100 TEMPORARY AREA - ® - 332 SF (0.008 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &' RAVENEL EFFLUENT FORCE MAIN EXHIBIT 15 NNNINl INS 1 PLANNNNf 1 NNNVKVONN Ca Wake Co- North Carolina 4 / //3 SO. FT./0.000 AC. I I TEMPORARY IMPACT al I C" \ LEGEND WETLANDS - PERMANENT IMPACTS - 0 SF (0 AC) TEMPORARY IMPACTS - - 3 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ;?..'. - 0 SF (0 AC) 3 L GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 loo TEMPORARY AREA - - 0 SF (0 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS RAVEIVEL EFFLUENT FORCE MAIN ENGINEERS 1 PLANNERS I SURVEYORS Wake County North Carolina EXHIBIT 16 III 0 0 1° O I O INTERMITTENT STREAM 140 SO. FT/0.003 AC 10 LF PERMANENT IMPACT EFM STREAM AREA 8 • gu R t FORESTED WETLAND AREA 19 SO. FT./0.0004 AC. PERMANENT IMPACT LEGEND i WETLANDS - PERMANENT IMPACTS - - 19 SF (0 AC) TEMPORARY IMPACTS - ® - 52 SF (0.001 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 10 LF PERMANENT AREA - ;•;•;• - 140 SF (0.003 AC) TEMPORARY CHANNEL - --------- - 30 LF TEMPORARY AREA - ® - 421 SF (0.010 AC) J? i ?- FORESTED WETLAND AREA ?_.. 1 52 SO. FT./0.001 AC. f?- ! TEMPORARY IMPACT GRAPHIC SCALE 50 0 2s so 100 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS &' RAVEWEL EFFLUENT FORCE MAIN LNNINfNNf 1 PLANN[NN I SURVSVORS Ca Wake County NorthC-l,, EXHIBIT 17 P \ cfl C FORESTED WETLAND AREA 264 SQ. FT./0.006 AC. 1 PERMANENT IMPACT EFM WETLAND AREA 12 EFM STREAM AREA 9 V 72 SQ. FT/ 0.002 AC :k t l 33 LF TEMPORARY IMPACT -?? a . r t LEGEND WETLANDS - PERMANENT IMPACTS - - 264 SF (0.006 AC) TEMPORARY IMPACTS - ® - 654 SF (0.015 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 11 LF PERMANENT AREA - ;•;•;• - 10 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 33 LF 50 0 25 50 100 TEMPORARY AREA - ® - 72 SF (0.002 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS 11WETLAND AND STREAM BUFFER IMPACTS W1THER9 & RAVENEL EFFLUENT FORCE MAIN aaa.Maaas 1 ?LAONaaf suararoes Ca Wake County N.rthCzmina EXHIBIT 18 4 • • 0 t 0g 4 I LEGEND I PERENNIAL STREAM AREA 188 S0. FT./0.004 AC. 13 LF PERMANENT IMPACT WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 13 LF PERMANENT AREA - ;•;•;•;• - 188 SF (0.004 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 60 LF 50 0 25 50 100 TEMPORARY AREA - ® - 686 SF (0.016 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS 11WETLAND AND STREAM BUFFER IMPACTS WITHERS & RAVENEL EFFLUENT FORCE MAIN ENGINEERS I PLANNERS I SURVEYORS Wake EXHIBIT 20 A i • w s g IF 's e 5 i LEGEND WETLANDS - PERMANENT IMPACTS - TEMPORARY IMPACTS - STREAM IMPACTS: - 0 SF (0 AC) - 177 SF (0.004 AC) PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - ;• - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 2 5 50 100 TEMPORARY AREA - - 0 SF (0 AC) 1 inch = 50 k. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS & RAVENEL EFFLUENT FORCE MAIN ENGINEERS 1 PLANNERS I SURVEYORS Cary Wake Cou North C-li EXHIBIT 21 • 0 LEGEND WETLANDS — f... PERMANENT IMPACTS — — 0 SF (0 AC) TEMPORARY IMPACTS — ® — 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL — — ••• — — 12 LF PERMANENT AREA — — 23 SF (0.001 AC) TEMPORARY CHANNEL — --------- — 34 LF TEMPORARY AREA — ® — 77 SF (0.002 AC) GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 h. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS WITHERS & RAVENEL EFFLUENT FORCE MAIN ENRINEERS 1 PLANNERS I SURVEYORS C", Wake County Nonr,c.��*,r„,, EXHIBIT 22 \ 4 L STREAM FT/0.020 AC RY IMPACT EFM crouu AREA E • i i LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF S PERMANENT AREA - ,•.•,•,•,•,•,• - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 100 LF TEMPORARY AREA - ® - 864 SF (0.020 AC) WESTERN WAKE PARTNERS g EFFLUENT FORCE MAIN c: rc M", County North GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. AND STREAM BUFFER IMPACTS I WITHER8 & RAVENEL EXHIBIT 23 ENRINSERS 1 PLANNERS 1 SNRVSVORS • FORESTED WETLAND AREA 266 SO. FT./0.006 AC. PERMANENT IMPACT • 's E t e leg WETLANDS - PERMANENT IMPACTS - - 266 SF (0.006 AC) TEMPORARY IMPACTS - - 850 SF (0.020 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - - 0 SF (0 AC) TEMPORARY CHANNEL - --------- - 0 LF TEMPORARY AREA - ® - 0 SF (0 AC) EFM WETLAND AREA I A • FORESTED WETLAND AREA 850 SO. FT/(0.020 AC) TEMPORARY IMPACT \ GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. WESTERN WAKE PARTNERS WETLAND AND STREAM BUFFER IMPACTS 1? WITHERS &-RAVENEL EFFLUENT FORCE MAIN ENSWEEKS I PLANNERS 1 SURVEYORS CaNorthCarolfne EXHIBIT 24 • i i ?? ! ! EFM WETLAND AREA 15 iJ 5 HERBACEOUS WETLAND AREA ?5.100 SQ. FT./0.117 AC. • ... TEMPORARY IMPACT oil L I Lol i T ?' LEGEND '? 3%? I \4. WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 5.100 SF (0.117 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 0 LF PERMANENT AREA - - 0 SF (0 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 0 LF 50 0 25 50 100 TEMPORARY AREA - ® - 0 SF (0 AC) 1 inch = 50 ft. WESTERN WAKE PARTNERS 11WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL 11, 1 EFFLUENT FORCE MAIN 1? ......... 1 ?LA....s ....vcvoas y%A,P(-m N.nhC-Ii a I-XHIBIT 25 • 0 1,919 SO. FT./0.044 AC. O EFM STREAM AREA 15 of F? CAPE FEAR RIVER J? 66 LF , .V TEMPORARY IMPACT x0 00 0 0 i I I cn 0 °11 ?? II CAPE FEAR RIVER 174 SO. FT./0.004 AC. 14 LF PERMANENT IMPACT O 00 'P2?. 5 w? B LEGEND WETLANDS - PERMANENT IMPACTS - - 0 SF (0 AC) TEMPORARY IMPACTS - ® - 0 SF (0 AC) STREAM IMPACTS: PERMANENT CHANNEL - - ••• - - 14 LF PERMANENT AREA - '•;•;•;•;•.•;• - 174 SF (0.004 AC) GRAPHIC SCALE TEMPORARY CHANNEL - --------- - 66 LF 50 0 25 50 100 TEMPORARY AREA - ® - 1,919 SF (0.044 AC) 1 inch = 50 k. WESTERN WAKE PARTNERS 11WETLAND AND STREAM BUFFER IMPACTS WITHERS &-RAVENEL EFFLUENT FORCE MAIN EMS IN EERS 1 PLANNE92 I SURVEYOR: C .,y Nolhl-h- EXHIBIT 26 0 Appendix E Addresses for Adjoining Property Owners E 0 R w d d r N a To N C7 00 -M-N OOO JO(O V (0000 L O z> 0 0 0 0 0 0 0 0 0 0> 0 0 a z 0 a' z a' ?' 0 0 z 0 0 Z> D D D 0 0 0 0 0 0 C O N O O O O O m0NONONN000 J W a (Eo } <} W W W N 2U Z ?J JJJ J J J J J a J a a' J J > --? Z W O W W O W W w z O Z Z U J U U Q 0 00 OM W Z y Da San. Sg a 2>0-0 SSOY2YY 2 2 ?? Sp a0 N OQ JQ¢ JS Q wQm JOUQ QQ??z O JO SUS ?? J22 JQ S Q ? 2} U0 } O Ste' ?w(nU WW=UUz =WzU wwVga=Nwwwwwwwww?zYwu)zu-LLZ?==(n ow v O-OS2 ;00> 00?» (vD?><>(vD>m>zzOMLRL?mmQQW?VOU U=¢»Q= RW= c X CE 2: L O w J f o o W J J w W J J v) J? J Q O W E v U S S = O EE Q w x ?J J J U ?J w w Q J V Q J O J W Q Q¢ CL 000D00z00?Dz0?0D020>mZUit ?:c3:3: n0a2za0?00?OZz00w eoz?am?a¢zzz N V O M M h M Cl) J LL LO LO LO 0 N N h w v O N Cl) 0 0 11 C) m (D (0 °i (D M (hD (h0 ? (hD (D (hD (h y 0 h h N h (n N y N N N N N N N y w N (p N w U U h U L U U U U U U U ?- Z Z N Z pZzzZ ZZZ V X: a a 0 z a22Z2 222 0) C7 C7 p C7 C? C7 (7 C Z 4J JI W J CJJJJ JJJ m V) CC Q N ~ D 00 ?CLO co U) <p0 O MO Ov Ma _ NO_ h z M M M O N N LO b y h N N O P p C) IW (D °orn °?°MO OMWWM.,TW h°'o m _ rnrn rnU (n o°°vrn ?Hwl- HI-F- O) v WfDN N O i i 0. N NW i V MN w 0 Z U)V)w O N h V) v M 0 O r- O O LOO LO 4 O O O ? h M N N (n N U) M w N N ? (n QOM hO Oh LO c`?')N2? z(phhz MO (p h(n O hit tt0 h N v(O(D O(D 2(D ?(D (D (00hM? W wzz w w W r- LO (D co co (0 (D 0) V) -j -1 0 0NNN rlrNMZOW NNO)W N ?NhNNr- AAA 10A O N. hhNh U(ON OOO NJ JU2 JJJ y N O O N N N N°> O O M> O ?-- N O O N N N N N N ¢ O N N O N O N o N N N U N N y -- J --- h U z 0 0 y>> W >>> U N r- o U U Z r- - m r, ° rLo- -9 n h Z Z r- r U ? r- ? U n n U^ U U N U m^ U n U U U (n (n y w w Z n w w w .0 0 z N N v Z Z J N= W N W z N N N Z N N W J N N Z N N N Z N L N J Z N J W N Z N J Z N N C k z 2 N a 2 U U 2 2 J U J J U O J 0 0 0 J U U J U U S U U U 2 U W U J J U J J U 2 U J J S D U U W W ? O w W W (DzZ Zw?ZQ zzz zxOzS-ZZ(?ZZzoz Z- -Z z Q Q Q -?Z(?Z2-2-(?mZZ o?- O--S C? C7 22 2 - 00 N o>QQ O cwxWxmwJ -w j xW 2xXW (,xm}U2 z wxWxWXXw m ??5 n JJwX wU) cwwz J (nxwU- -aa0J w<m2a-ia. M an a O Q O w a a 4J a a a 4J aO¢ a.ww 0- IL 4J Wa w w 4J ?ww m g ¢ Q a LC z U O z Q¢ M Q Q Q M Q a O M Z Q Q lL Q Q Q g Q a fn Q z z Q z z Q g Q z z L pJ ¢¢ m t v Q v¢ v v-4 y N y U U x x w W w Q 2 2 z x U O OU w g w CL S N Z O 0 Q = W CL } O WU ??OQO OQO} 0 W W H r U F-F- ¢?1-HH Q? w 0 J V 2 w pwW N w z0?ww 0 z w w o an. zwn.aa W W m W W W z x O w (Oz - -~ v -2 W J J a O > O W w < ¢ c W U Z Z Z J W ?} w Z Q _J U U> 0 w 0 OM z > Z X0 0 < 0 0 0 S RM }S N> H>> Z Q w? Wt O 0 o= 0 0 h Y? LQi 0 O S Q Q Z} Q H O O J_j OJ 0 W W O Q? OU Q Q H w Q Q Q U)¢ wQQ oU>-m ww wwomU2 a0o}OowJ -upofJawaJ_ Q>w zZ o ytt IQ-~ttt Q 13YNwYQ Yjr ( F-?U MJZW Z-jN(nZ- OQ3OW W www>Swp2W 2?w9zN w JMQ .d(< -20=WZZOWWWOO OW3:w W --- 13xu)w Q?jr (D M-J<wz-jw Z-O?_< owwww 9z w - co w w 0 Y ? 1 04 W _j C') < LOn W WNin(n(n a?pF-2???ZZg2 ??C7 W?O>"W S?J2 WYHF-mmJzU J >ZQNomJMS C(n(n> 2(2(2(2 0)L) D U0a0w?m2g?=w2UQ?z0iEz 5Y L x xx00 0000 ?(noSZ,n((?mQ?m_°U_o_Uo? Ommovwo(D00 W NOW Mwm mmZ?-m r- MCO o CO Co CO COO(A?00 N(DNNMQNOO OOw M(nOONMONNONON NNONNM_ N O O OM O N 0 0 ?0 apo NNOOMO M hh W o?Q)hONN U)(p ON ((') - N 0 0 M N000 mM vQMMaN?00M?Ucocli NNM??rMOU??MM?NOOMMapaaM VaN maa?Uvaaa 2 U U 2 U W w U) w w w W w O O Ls 2 -1 2 O Q o H U U U U 2 U) 0 Q Q o Q J W m m 2 co J w J J F J Y J W W W W ¢ Q Q U) Q J 00 0 W O z = J co w J = J W Q W ¢ ~ Q- Q Z Q Q O 0 W o 0 L W w >- Z va J ¢ LL ?- w va C/) wow o w C7 0 -j w z p = ui NUW JUU= U¢ 00WZ wZ w Uw W U mQ z U H m?Y?z Z?ZJ?JwZ ?-wzQ F-ZZ ?J (no z N Oo 000 >- H g U O-WQJF-mQ U-j Q2Q zm wz WV UUw UUU J 2 U OzWWQ ww>~ W S ?w Q of- w ?-? h-F-F- °tS pQF-Sm QS W W (n w 0? >U)U)0 2> 0w ,tS SSO 222 U Z J ?>¢?? SgPWWMLLLO= 0sZxs? WF-? 2? mW-jW m U0 0 C70 J22 -a V) NM O J w w QJ? U) ?N 2 JJJ JJJ W S W J?Qfn0fn?J otSFS-?w0?w2Q O?JIiJ W Q>} J06U) 2 JQ°a Q Z 06066- 060606 w ad W W J p 2 C, Q} LLO -Z <o O m W Y 0 Q O W of= U W U' - a< m W 0 LL m ocx w O R O }? }} W? H O w <m o D W Z U w O M Wn - W Q Q WU)<Oof of 2JS¢w2wUZ>x>-ZQ W WZ-QOwUW x-?2_0:c QW W I-U- Fw- 2 g Q 2 Z> O 2 Z U oW0 d Z o zQ Z Q Z Y V Y O ? U 0>- W U p U co 2 a Z Z Z S a a Z U a a a ZV) ZZZ WW J?W2a a'??OQzOo? L)(-)< JJZ H J Wo J 0U)00o QQ JJQQQ "0 -ZJOOmJ3m Q0w w Wo- UM-QWZ ?pOW h??(nZ?pJa?a?U)OwJa, ZZOJ3:ZZZ 3QOOUw-i- (LO2Mw2ZJ>2wF- U) w-j mZt 0 0(J)2? jy (n 2>>z??? c?~w ?OO?N2000 _j w QQ¢Q 00 HQ¢Q QOr-¢O ? 2 zOQoQU w W OMQ¢QOzO?¢ 3Q¢i¢2¢¢¢ 0 U?mUUU?2C??gcnm>??m??n?-5U-c?g??,?c?U???.m?om>m???(nc? oUUU??nUUU CL m N 0) U) c o v v v v o v o v v v v v v v o v o v v v o ------------ y c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c m (4 f0 (0 f0 m f0 (0 c o a v a v v v y N l4 fC (C (0 (0 lD (6 N E E E E E E E E E E E E E c c N N (C (6 (0 (0 l0 f0 (C f0 (0 f0 l9 f0 l4 (C l0 (p (0 (0 (0 N N (6 (0 (0 (V (0 N f0 y H N (6 (0 N (6 (0 (0 (0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N d v?3: 3: 3: 3? 3: 3: 3: 3: 3: 3: 3: 3: 3: 3: :t??????????????????5 ?5 ?5 ?5 ?5 C,n(? t5 (75 2 vMMM IL E E E E E E E E C N N N N N N N N N N N N N N N N N N N N N N N N N N N N Gl N N N N N N N N N N N N N N N N N N C C L L L E L L L L pmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Ommmmmmmm U?????-Z 3: ???? o 0C) a 0 0 0 0 0 0 0 0 000000o0 7 0 0 0 0 0 0 0 0 #w a) N (D M O O h N N M (D U) (D O M h "t 00 v to v (0 mv m to Q) N ((7 N ap O? N? N_ N (D ((') (O cJ ((y O h C O (A (D (D M? Cl) Cl) Co _ v ^ O 0O O0 W ?'- N 00 O M 0 0 0 M N (O O N (D O M h tD N_ h (p (D CO 00 (() N (p ({O O M_ (D O O h N N h U O v CO N O O O O 0 O h O (D O LO W .- O am (n M O O O N (D N h (D M CO O LO '? O 01 (D CO h O (n 00 O O 00 CO h O (D (D O sr .- Q? D? Q? p? N O) D) h m T (n O .-- O O) It N W h N O7 O h (D h _M h M M 'v O O h (D co v It N (D O O CO co h .?} h O m h E sr N V M _O co (M O h N 0 Lo W N O (n U) O OD M N N O M M N O N (n M `cY h N (n O CO O O Op (0 O 9 N i M (n N (n 01 O N h (O O V V 0 0 0 '- (O _O O (n 00 O O O ((7 (D (p O M (D of O u'1 O N O O_ O h 00 N _N L N M N N a0 ap W V O N D1 O O) O N N N O O N O N N Q7 O M M M M N M O NOON C CD) O 0 0 O) N V 00 co ap W (0 (p (p (D N N O O N N N N N N N N N N N N N N O N N N N N N N N N O O N N N N N N N N u M 0 0 0 0 0 0 h O 0 0 0 0 0 0 0 h0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N 0 N F. 0 0 N 0 N 0 U a 0 O 0 O 0 O O 0 0 O 0O0 0 O O 0 Appendix F Information Required By NCDWQ for a 401 Water Quality Certification • 0 Appendix F - Information Required By NCDWQ for a 401 Water Quality Certification The following information is not required by the USACE, but is required by the state to proceed with a 401 Water Quality certification. Environmental Documentation This project does require the expenditure of public funds and a NEPA document has been produced. The Public Notice for the Final Environmental Impact Statement (EIS) was issued on December 17, 2009. Proposed Impacts on Riparian and Watershed Buffers There are no impacts to buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba), or 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements). Stormwater The WRF site will be required to have a Stormwater Pollution Prevention Plan which will identify inspection schedules and other requirements to minimize contamination of stormwater runoff. Grading and construction activities associated with the Project may temporarily increase siltation on and immediately downstream of the Site. During rain storms, erosion from a cleared site will be much higher than erosion from a forested site. The North Carolina Sedimentation Pollution Control Act of 1973 requires that a plan to control erosion and sedimentation be developed for any activity that disturbs one acre of land or more. This plan must include control measures that will prevent sediment impacts to water quality. Practices must be installed that will control sedimentation from the peak runoff generated by the 10-year storm. Both of these plans will be devised during the final design phase. Sewage Disposal The new WRF will include biological nutrient removal and will have a high quality effluent suitable for reuse. The WRF is being designed to meet the BOD5, ammonia, solids and nutrient limits outlined in the speculative limits letter from DWQ (advanced treatment of 5 mg/1 BOD5,1 mg/1 ammonia, and nutrient loads based on 6 mg/1 TN and 2 mg/1 TP). The effluent will be disinfected using ultraviolet light before being discharged to the Cape Fear River. The new WRF would also have an effluent pump station and force mains to allow discharge of treated effluent to the Cape Fear River below Buckhorn Dam. DWQ has indicated that the discharge should be sited downstream of Buckhorn Dam because of water quality concerns upstream of the dam. Water quality modeling shows no impacts to predicted instream DO with future increases in water supply withdrawal and wastewater discharge. 0 Violations There are no known violations associated with this project. Cumulative Impacts The construction of this new reclamation facility provides the ability for the towns in western Wake County to service larger populations and therefore this project could result in the increase in development in western Wake County. A qualitative analysis of cumulative impacts can be found in the EIS that has been produced for this project and the Secondary and Cumulative Master Mitigation Plans produced by each of the four local governments. 0 E