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
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astewater, Managem
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? ! Isla document the updates that have been, made in this version of the permt,applieation
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? 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.
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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.
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?? E, xhibit 7 in the Beaver Creek: Force Main preliminary JD has been updated
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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
•
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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
•
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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.
E
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0 Appendix A
Interlocal Agreement for Regional Wastewater Management
Facilities
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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
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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
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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.
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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.
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• (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
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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
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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.
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(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;
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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
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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
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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
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(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.
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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
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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
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Appendix B
WRF Site Jurisdictional Determination Map
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Appendix C
Road Access to WRF Site - Preliminary Jurisdictional
Determination Package
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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)
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0 Site Locator Ma
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CH2MHILL
9 Wetland Delineation data forms
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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
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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
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Wetland Boundary Ma
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CH2MHILL
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i Stream Identification data forms
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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:
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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.)
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41 Stream Quality data forms
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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
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STREAM QL ACITY ASSESSIMENT WORKSIIEE'I`
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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
•
•
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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
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pak ,,
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1 I ` '-? ' Ilia ? i i ,I j ?, /`? ? .? f •?
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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
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\ \ 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
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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
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TEMPORARY IMPACT
•
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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
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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
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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
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WRBGS STREAM AREA 1
FORESTED WET
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/ 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
•
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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
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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
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. . ` 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
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h ,
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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
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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.
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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
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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
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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
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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
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L L LJ Z
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m = LLP
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A-ILLLU
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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
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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