20061203 Ver 1_Individual_20060726

CH2M HILL
3125 Poplarwood Ct
Suite 304
Raleigh, NC 27604
CH2MHILL Te1919.875.4311x16
~~' Fax [phone]
July zd, 2006
%'-;"}'~'~1 203
Cyndi Karoly
NC DENR/Division of Water Quality
Wetlands Unit -'
1650 Mail Service Center, Raleigh, NC 27699-1650
Subject: 401 Permit Application for Western Wake Regional Wastewater Management
Facilities
Dear Ms. Karoly:
I have enclosed seven copies of a 404 Individual Permit application for the Western Wake
Regional Wastewater Management Facilities on behalf of the Towns of Apex, Cary, Holly
Springs and Morrisville. The 404 Individual Permit application was previously submitted
to the US Army Corps of Engineers. A permit fee of $475 is also included. Information on
the 404 application was later updated after conversations with Monte Matthews of the
USACE Raleigh office. The updated information included recalculating the impacts to be
based solely on the National Wetlands Inventory (NWI) information. Also the impacts were
based on the preferred route as opposed to the longest route, as in the origina1404
application. This updated information was used by the USACE to prepare a public notice
(included in this packet). Construction Grants and Loans held a public hearing regarding
the environmental documentation on this project on June 15, 2006. The Public Hearing was
coordinated with the US Army Corps of Engineers (USACE) and the 404 application
materials. The updated information is included as "Individual Permit Updates" following
this letter.
If you have any questions about this permit application package or need any assistance,
please call me at (919)875-431.1, extension 16.
Sincerely,
CH2M HILL
~ec ~S, ~..~C-
Ruth Swanek
Project Manager
Cc: Kim Fisher Glenn Dunn
Tim Donnelly Tommy Esqueda
Stephanie Sudano Bill Kreutzberger
Blake Mills
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YVETLANOS AND STO~IWA

Individual Permit Updates for Western Wake Regional WW Management Individual
Permit application.
The following tables and paragraphs should replace the information provided in the original
404 Application.
TABLE 2
Temporary and Permanent Stream and Wetland Impacts within the Western Wake project area
Type Temporary Impact Permanent Impact Total Impacts
Wetland (NWI) 11.9 ac 5.1 ac 17.0 ac
Raw Wastewater
Line Stream 1920 If 0 If 1560 If
Wetland 0
32 ac 0.42 ac 0.7 ac
WRF Site (Delineated) .
Stream 500 If (perennial) 1435 If (perennial) 1935 If
Wetland (NWI) 1.8 ac 0.8 ac 2.6 ac
Effluent Line
Stream 900 If 0 If 780 If
Wetland (NWI) 1.8 ac 0.03 ac 1.8 ac
Outfall
Stream 0 If 0 If 400 If
Wetland 15.8 ac 6.4 ac 22.2 ac

Total
Stream 3320 If 1435 If 4675 If
TABLE 3
Temporary and Permanent Stream and Wetland Impacts for related projects
Type Temporary Impact Permanent Impact Total Impact
Wetland 0.127 ac 0.026 ac 0.153 ac
Utley Creek Effluent
Force Main Stream 240 If 0 If 240 If
Beaver Creek Wetland 6.51 ac 6.51 ac 13.02 ac
Gravity Sewer Stream 840 If 0 If 840 If
Wetland 6.64 ac 6.5 ac 13.18 ac

Total
Stream 1080 If 0 If 1080 If

TABLE 4
Mitigation units requested from NC EEP
Type Permanent Impact Mitigation Ratio Mitigation Units
Western Wake Wetland 6.4 ac 2:1 12.8 ac
Project Stream 1,435 If 2:1 2, 870 If
Wetland 6.5 ac 2:1 13.0 ac
Related Projects
Stream
O if
2:1
0 If
Wetland 12.9 ac 2:1 25.8 ac
Total
Stream
1,435 If
2:1
2, 870 If
Western Wake Transmission Lines
Along the transmission lines, estimates of temporary and permanent wetland impacts were
made based on the National Wetlands Inventory (NWI) wetlands. Wetland delineations
along the transmission lines will occur during the final design phase when access to the
private property along the final line route is obtained. The final design will use the results
of the wetlands delineation and field observations to minimise impacts to wetlands and
other important environmental features observed.
Outfall Structure
The construction of the outfall structure will result in the temporary disturbance of 1.8 acres
of wetlands and an area 18 feet by 400 feet of stream. The permanent impacts of the
discharge structure and related facilities tota10.03 acres of wetlands. Construction of the
outfall structure will occur within the Cape Fear River, and temporary dewatering impacts
will occur during the installation of the outfall/diffuser structure. The installation of the
pipeline within the river may require blasting of bedrock, the final method of installation
will be determined after a geotechnical analysis of the river bed.
The pipeline leading from the discharge structure to the Cape Fear River may need to cross
a small pond before reaching the Cape Fear River. Currently the use of trenchless
technology is being considered for this crossing.

~_
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number, Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
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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.
ITEMS 1 THRU 4 TO BE FILLED BV THE CORPS
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
rrreeec na Hier rn ac ru r rn o
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE Ian agent is nor reauiredl
Western Wake Regional WW Management
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
Kim Fisher/Town of Cary _
420 James Jackson Ave, Cary, NC 27513
?.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence a. Residence
b. Business 919-460-4092 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
rurnish, 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 lsee msrructions:
Western Wake Regional Wastewater Management Facilities
13. NAME OF WATERBODY. IF KNOWN i;ter,.rir~nii
Multiple Crossings, Attached
15. LOCATION OF PROJECT
14. PROJECT STREET ADDRESS fi~npplicediel
N/A
Wake / Chatham NC
COUNTY STATE I
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, lsee inshucrionsl
See Attached
17, DIRECTIONS TO THE SITE
WRF Site - See Figure 1/2/6; From US 1, turn North on New Hill Holleman Road (Exit 891; turn
left on Old US 1. Pass church, site on left.
Transmission Lines - See Figure 5/6
R 45, u 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)

Western Wake Regional Wastewater
Management Facilities
USACE 404 Individual Permit Package
June 2006

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 -WRF Service Areas
Figure 2 -Existing WRF Site Conditions
Figure 3 -Holly Springs Utley Creek Transmission Line
Figure 4 -Entire Project Area Hydric Soil/NWI/Floodplain Extent
Figure 5 -Raw Wastewater Transmission Routes Evaluated
Figure 6 -Effluent Transmission Routes Evaluated
Figure 7 -Stream Crossings, From West Cary PS to Beaver Creek PS
Figure 8 -Stream Crossings, From Beaver Creek PS to WRF
Figure 9 -Stream Crossings, From WRF to End of Alternative Effluent Routes
Figure 10 -Stream Crossings, From End of Alternative Effluent Routes to Outfall
Figure 11-WRF Site -Potential Disturbance Area
Figure 12 -Typical Stream Crossing Schematic (Plan and Profile View)
Figure 13 -Typical Coffer Dam Construction Schematic
Appendices
Appendix A: Interlocal Agreement for Regional Wastewater Management Facilities
Land Acquisition and Preliminary work
Appendix B: Information Required By NCDWQ fora 401 Water Quality
Certification
Appendix C: Addresses for Adjoining Property Owners

Permit Application -Additional Block Information
Block 5: Applicant's Name
Western Wake Regional Wastewater Management Facilities Project Partners
Includes: 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 WRF and associated transmission lines:
1) White Oak Creek
2) Beaver Creek
3) Little Beaver Creek
4) Cape Fear River
5) Thomas Creek
6) Reedy Branch
7) Big Branch
8) White Oak Creek
9) Little White Oak Creek
**The remainder of streams within the project area are unnamed tributaries. Figures
7-10 show each individual crossing.
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:
3

TABLE 1
Western Wake Wastewater Management Facility Locations
Site Latitude (1983 Longitude (1983
State Plane) State Plane)
West Cary PS 2016571.0000 776683.6000
Beaver Creek PS 2021581.2300 718534.3200
WRF 2019250.5000 701782.1200
Outfall 2003966.6600 651839.6300
Block 18: Nature of Activity
The Western Wake Partners (Partners) are the towns of Apex, Cary, Morrisville, and Holly
Springs. The proposed Project has been designated the Western Wake Regional Wastewater
Management Facilities Project (Project). The Project is comprised of the facilities listed
below:
1) West Cary Pump Station (PS)
2) Force Main (FM) -West Cary PS to Reedy Branch Gravity Sewer
3) West Reedy Branch Gravity Sewer -West Cary FM to Beaver Creek PS
4) Beaver Creek PS
5) Force Main -Beaver Creek PS to West Wake Water Reclamation Facility (WRF)
6) Western Wake WRF
7) Effluent PS, Pipeline, and Outfall
In addition, there are two projects related to the facilities listed above. These include the
gravity sewers from the Town of Apex, and the effluent line from the Town of Holly Springs
Utley Creek WWTP to the effluent PS located at the Western Wake WRF. It should be noted
that the Western Wake WRF facilities outlined above, would be functional without these
lines from Apex and Holly Springs. However, since the Apex and Holly Springs lines are
related to this project and are dependent on the proposed Western Wake WRF, these lines
have been included in this 404 permit application. Amore detailed description of these
lines is provided below.
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.
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 general location of the proposed Western Wake
WRF and supporting infrastructure.
The proposed Project will be implemented in two phases:

The Phase 1 facilities, which must be operational by January 1, 2011, will provide
treatment capacity of 18 million gallons per day (mgd) at the WRF, and a discharge
capacity of 24 mgd to the Cape Fear River below Buckhorn Dam. The capacity of
these facilities will meet the needs of the Project Partners unti12020. The Phase 1
facilities include the following infrastructure:
• 31 mgd peak flow capacity at West Cary PS (no increase from existing permitted
footprint anticipated)
• 36 inch force main from West Cary PS
• 40 mgd peak flow capacity at Beaver Creek PS
• 42 inch force main from Beaver Creek PS
• 18 mgd maximum month capacity at WRF
• 48 inch effluent force main
• Effluent discharge structure and 60 inch diffuser in Cape Fear River
The Phase 2 facilities, which are projected to be online by July 1, 2020, will provide
treatment capacity of 30 mgd at the WRF and a discharge capacity of 38 mgd to the
Cape Fear River below Buckhorn Dam. These flows will be sufficient as shown in
the current land use plans but additional growth could occur. If wastewater
discharges beyond the 38 mgd are required, the partners will request an NPDES
permit modification in accordance with rules and regulations. The capacity of these
facilities will meet the needs of the Project Partners unti12030. The Phase 2 facilities
include the following infrastructure:
• 44 mgd peak flow capacity at West Cary PS (no increase from existing permitted
footprint anticipated)
• Paralle124 inch force main from West Cary PS
• 58 mgd peak flow capacity at Beaver Creek PS
• Paralle136 inch force main from Beaver Creek PS
• 30 mgd maximum month capacity at WRF
• Paralle142 inch effluent force main
The type of materials, construction methodologies, and equipment to be used for
construction will be finalized in the final design stage of this project.
Related Projects:
Utley Creek WW'TP Force Main
As per the request of the USACE Wilmington District the following is a description of the
Holly Springs Utley Creek WWTP effluent line that will connect to the Western Wake WRF.
'The 36,000 linear foot line will be a 36 inch force main that will be constructed along the
existing and future extension of Ballentine St. and therefore will be primarily be placed
within road ROW areas. This line will connect to the WRF through the southern edge of the
WRF parcel (Figure 3).

Apex Beaver Creek Gravity Sewer Line
The Beaver Creek gravity sewer line will be a 48 inch pipe that will run a total of 17,000 feet
parallel to Beaver Creek. This sewer line will collect from both the western and eastern
sides of the raw wastewater transmission line for this Project (Figures 7 and 8). The sewer
line will connect to the Beaver Creek pump station and the raw wastewater will be sent onto
the WRF.
Block 19: Project Purpose
The Project is being implemented by the Partners to provide wastewater service for planned
growth and development and to comply with regulatory mandates issued by the North
Carolina Environmental Management Commission (EMC) and the Department of
Environment and Natural Resources (NC DENR). The Towns of Apex, Cary and
Morrisville obtain their drinking water from Jordan Lake in the Cape Fear River Basin and
discharge treated effluent to locations within the Neuse River Basin. Obtaining water from
one basin and discharging it to another river basin is known as an interbasin transfer (IBT),
and it requires a permit from the EMC. In July 2001, the EMC granted the communities
their IBT certificate but placed a requirement in it to return wastewater to the Cape Fear
River Basin by January 1, 2011. Thus, these communities must construct wastewater
transmission and disposal facilities in order to comply with the terms and conditions of the
IBT certificate issued by the EMC.
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 Tables 2 and 3 Information on the methods to calculate the
impacts are described below.

TABLE 2
Temporary and Permanent Stream and Wetland Impacts within the Western Wake project area
Type Temporary Impact Permanent Impact Total Impacts
Raw Wastewater Wetland 9.31 ac 7.31 ac 16.62 ac
Line Stream 1560 If 0 If 1560 If

WRF Site Wetland 0.32 ac 0.42 ac 0.74 ac
Stream 500 If 1435 If 1935 If

Effluent Line Wetland 2.40 ac 1.03 ac 3.43 ac
Stream 780 If 0 If 780 If

Outfall Wetland 1.8 ac 0.03 ac 1.83 ac
Stream 400 If 0 If 400 If

t
l
T Wetland 13.83 ac 8.79 ac 22.62 ac
o
a Stream 3240 {f 1435 If 4675 If
"'Note: The fact that the wetland acreage determination for the transmissions lines was based on digitally
mapped hydric soils and the route with the greatest impact; there is a strong likelihood that the numbers in Table
2 are overestimates of the total project (temporary and permanent) impact.
TABLE 3
Temporary and Permanent Stream and Wetland Impacts for related projects
Type Temporary Impact Permanent Impact Total Impact
Utley Creek Effluent Wetland 0.127 ac 0.026 ac 0.153 ac
Force Main Stream 240 If 0 If 240 If
Beaver Creek Wetland 6.51 ac 6.51 ac 13.02 ac
Gravity Sewer Stream 840 If 0 If 840 If
Wetland 6.64 ac 6.54 ac 13.18 ac
Tota I

Stream 1080 1f O if 1080 1f
WRF Site Impacts
Wetlands were delineated at the WRF site in accordance with the USACE 1987 Wetlands
Delineation Manual. Impacts at the WRF were determined from the delineated wetlands; a
final site layout is unknown at this time. The WRF site is 235 acres in size, and 5.9 acres of
wetlands were identified on the site. The Project Partners have indicated that all
construction will be performed within a 110 acre area of the site; based on the 110 acre area,
approximately 0.74 acres of wetlands will be impacted as shown in Figure 11 (0.42 acres
permanent and 0.32 acres temporary). When final design is known, the actual disturbed
area will be less than 110 acres, and wetland impacts should be less than 0.74 acres.

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.
Beaver Creek PS
The footprint of the Beaver Creek pump station has been sited to avoid wetland impacts.
Western Wake Transmission Lines
Along the transmission lines, estimates of temporary and permanent wetland impacts were
made based on a combination of hydric soils, and the National Wetlands Inventory (NWI)
wetlands. Wetland delineations along the transmission lines will occur during the final
design phase when access to the private property along the final line route is obtained. The
final design will use the results of the wetlands delineation and field observations to
minimize impacts to wetlands and other important environmental features observed. The
method used to determine wetland and stream impacts is described below:
Calculating Pipeline Temporary Impacts:
Temporary impacts were calculated based on the construction easement
necessary for the installation of each pipline segment. The assumed
easement width is based on the size of the pipe: a pipe from 18 to 48 inches
requires an easement width of 40 feet and pipes greater than 48 inches
require an easement width of 50 feet (Fisher, 2005). Where two adjacent
pipes are required, a clear space of ten feet between the pipes has been
provided. Therefore, if there was a need fora 36 inch and a 24 inch pipe, the
pipes would each have a 20 foot width from the pipe centerline to the outside
edge of the easement. There would be an additional 12.5 feet between the
pipes (10 feet clear space between pipes and then the distance from the pipe
centerline to the edge of the pipe). The total easement width would be 52.5
feet wide. In this example, the number was then rounded up to 60 feet to
ensure all impacts were addressed.
The method described above ensures that all temporary impacts should be overestimated
based on the fact that the entire easement area will not be cleared for construction activities.
In addition, the hydric soils tend to overestimate wetland areas, and the results of wetlands
delineations will be used during final design to minimize impacts. Permanent impacts for
the pipeline routes were determined using a 20 foot permanently maintained maintenance
corridor along each pipeline. Table 2 displays both the temporary and permanent impacts
related to the Western Wake Project using the alternative with the highest amount of
impact.
Outfall Structure
The construction of the outfall structure will result in the temporary disturbance of 1.8 acres
of wetlands and 4001inear feet of stream. The permanent impacts of the discharge structure
and related facilities tota10.03 acres of wetlands. Construction of the outfall structure will
occur within the Cape Fear River, and temporary dewatering impacts will occur during the
installation of the outfall/diffuser structure. The installation of the pipeline within the river
8

may require blasting of bedrock, the final method of installation will be determined after a
geotechnical analysis of the river bed.
The pipeline leading from the discharge structure to the Cape Fear River may need to cross
a small pond before reaching the Cape Fear River. Currently the use of trenchless
technology is being considered for this crossing.
Related Projects:
The two projects related to the Western Wake Project (Utley Creek Effluent Force Main and
Beaver Creek Gravity Sewer) also have separate wetland and stream impacts associated
with each. The impacts for the Utley Creek line were determine using a 40 foot corridor
(temporary) and the final permanent impacts were calculated using a 10 foot corridor. The
impacts for the Beaver Creek gravity sewer line is based on the same methodology used for
the Western Wake Project. Table 3 summarizes the impacts.
Mitigation
Avoidance and Minimization
WRF Site:
The WRF site (Figure 11) has been developed to minimize impacts to wetland areas. 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 predetermined potential disturbance area (Figure
11). The 200 ft buffer area around the perimeter of the site has 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 locations of these areas have been approximated on Figure 11.
The conservation areas on the northern and southern ends of the site identified in Figure 11
are not expected to be developed for Phase 1 or 2 construction activities, with the exception
of the area impacted by routing the Holly Springs Utley Creek effluent line through the
Southern edge of the parcel. The exact location of how this transmission line will enter the
site will be determined during the final design process and this area is not included in the
conservation area. When these access areas are developed, impacts to wetlands will be
minimized through the use of trenchless technology where feasible and other techniques
that minimize impacts to surface waters and wetlands as determined in the final design
process. After final layout of the plant, lines and utilities are known; these conservation
areas can be further defined and potentially protected through a conservation easement or
other mechanism.
Transmission Lines:
In general, all pipelines for the proposed Project will be installed adjacent to existing public
ROW (roads) and existing utility corridors (natural gas and electricity). Therefore, minimal
impacts to wetland areas are expected as a direct result of constructing raw wastewater
force mains and effluent transmission mains for the proposed Project.
The gravity sewer lines will be installed within FEMA regulated 100-year floodplains.
There are an estimated 29 perennial stream crossings from the transmission lines. Wetlands
will be impacted at these crossings within a 40 to 60 foot corridor as described in Block 22; a

20 foot maintenance corridor will remain permanently altered, and the temporary impacts
vary between 20 and 40 feet.
Measures will be taken during construction to minimize direct impacts to water quality.
The transmission lines will cross each stream at approximately a 90-degree angle to ensure
stability of the line and prevent erosion. Figure 12 shows a typical stream crossing with a
minimum depth below the bed of the stream of 36 inches or greater depending on the
crossing methodology used and the geotechnical analyis of the stream bed. All streams will
be crossed following methods outlined in NC DWQ General Certification Conditions
GC3374. 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). Stream crossings will be inspected at least every six
months.
Where practicable, the lines will be installed using trenchless technology. Trenchless
technology is currently being considered at three stream crossings: White Oak Creek,
Beaver Creek, and Little Beaver Creek (Figure 4, 7 and 8). These crossings are all known to
be perennial and have high water quality and value for wildlife use. All stream crossings
will be evaluated using the USACE Stream Quality Assessment Worksheet (SQAW).
Stream crossings that score a 75 or above (out of a possible 100) will be considered of high
quality and crossings will be evaluated for the use of trenchless technology. This evaluation
will consist of several factors including, but not limited to, cost, engineering requirements,
substrate material, and impacts to instream fauna. It is anticipated that an additiona112
stream crossings (for a total of 15) will be evaluated using trenchless technology.
When trenchless technology is not practicable, appropriate BMPs will be in place following
guidance from Nationwide Permit 12 on utility line crossings of streams. Dewatering of
streams that will not be crossed using trenchless technology will be necessary and this will
be accomplished by the use of a coffer dam and pump around or other similar technology.
A typical coffer dam schematic can be seen in Figure 13. Water quality will also 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.
Following construction of stream crossings existing topography will be restored and the
areas replanted with native vegetation. Where possible, wooded areas will be revegetated
within one growing season with appropriate tree species.
Compensatory Mitigation
The Project and related projects will permanently impact approximately 15.33 acres of
wetlands (6.54 acres from related projects) and 1,4351inear feet of stream. The Project
Partners are proposing to use the EEP's In Lieu Fee program for the compensatory
mitigation requirement associated with this project. Table 4 shows the mitigation ratios and
the amount of mitigation units requested:
10

TABLE 4
Mitigation units requested from NC EEP
Type Permanent Impact Mitigation Ratio Mitigation Units
Western Wake Wetland 8.79 ac 2:1 17.58 ac
Project Stream 1,435 If 2:1 2, 870 If

l
d P
t Wetland 6.54 ac 2:1 13.08 ac
ate
rojec
s
Re
Stream
0 If
2:1
0 If

T
I Wetland 15.33 ac 2:1 30.66 ac
ota Stream 1,435 If 2:1 2,870 If
Block 24: Addresses of Adjoining Property Owners
The addresses of all property owners that own parcels that are adjacent to all stream
crossings within the project area can be found in Appendix C.
References:
Fisher, Kim. November 2005. Personal communication and email.

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Appendix A
Interlocal Agreement for Regional Wastewater Management Facilities
Land Acquisition and Preliminary work

~wc~5-Uba-d0
• NORTH CAROLINA
WAKE COUNTY
INTERLOCAL AGREEMENT
FOR REGIONAL WASTEWATER MANAGEMENT FACILITIES
LAND ACQUISITION AND PRELIMINARY WORK
This INTERLOCAL AGREEMENT is dated as of ~"~ta( , 2004,
(original or as supplemented or amended, referred to herein as a "Agreement"), and is among
the towns of APEX ("Apex"); GARY ("Car}'); HOLLY SPRINGS ("Holly Springs");
MORRISVILLE ("Momsville"), 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
•
-1-

management solution; and •
WHEREAS, the parties desire to apply to the North Carolina Construction Grants and
Loan Section of the Division of Water Quality to a obtain low-interest construction loan to fund a
portion of the construction of the Project; and =
WHEREAS, the parties are required to prepare an Environmental Impact Statement and a
201 Facilities Plan in order to obtain the NPDES permit for the regional water reclamation
facility and the low-interest construction loan to construct the Regional Wastewater Management
Facilities, respectively; and
WHEREAS, the parties desire to obtain aloes-interest planning loan from the North
Carolina Construction Grants and Loan Section of the Division of Water Quality to prepare the
Environmental Impact Statement, the 201 Facilities Plan, NPDES permit application, and
Construction Documents; and
WHEREAS, the.parties desire to acquire land upon which the Regional Wastewater
Management Facilities will be constructed; and
WHEREAS, Holly Springs seeks to join this agreement for the purpose of participating in
the land acquisition and Preliminary Work which are integral to securing an NPDES discharge
permit, and the remaining parties consent to allow this limited participation; and •
WHEREAS, the parties desire to enter into this Agreement, pursuant to statutory
authority authorizing interlocal agreements N.C.G.S. § 160A-460 to 464, in order to pursue the
above stated goals.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Agreement and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties agree as follows:
ARTICLE I
DEFINITIONS: RULES OF CONSTRUCTION
1.01. Definitions. For all purposes of this Agreement, unless the context requires
otherwise, the following terms shall have the following meanings:
201 Facilities Plan: An engineering document prepared by the Municipal Parties to plan and
define the wastewater facilities to be constructed. The 201 Facilities Plan, and the
Environmental Impact Statement, will be submitted to the North Carolina Division of Water
Interlocal Ageement for Regional Wastewater Management Facilities
-2-

• 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. y
Clean Water State Revolving Fund (SRF): Alow-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 Momsville.
NPDES Permit: The National Pollutant Discharge Elimination System. (NPDES) progam is a
federally mandated, nationwide system for permitting pollutant discharges into receiving streams.
The local governments will submit an application to the State of North Carolina to obtain a new
NPDES Permit that will allow for a new municipal wastewater discharge to the Cape Fear River.
North Carolina Division of Water Quality Construction Grants and Loan Section (CG&L
Section): The state agency delegated to administer to the North Carolina Clean Water State
Revolving Fund Program.
Preliminary Work: The tasks to be completed under this agreement, exclusive of land
acquisition, which are 1) preparation of an EIS and 201 Facilities Plan, including preliminary
engineering; 2) preparation of interlocal agreements necessary to accomplish final design and
construction and specifying how the facilities will be owned and operated; 3) preparation of loan
application documents for the CG&L Section; and 4) preparation of an NPDES discharge permit
application and supporting documents.
Interlocal Agreement for Regional Wastewater Management Facilities
•
-3-

Record of Decision: A document prepared by NC DENR staff to serve as a concise public •
record of the decision pertaining to the Environmental Impact Statement. The Record of Decision
will include the following information:
(a) Statement discussing the project and the decision made;
(b) Identification of ail 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 biosolids 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.
Interlocal Agreement for Regional Wutewater Management Facilities
-4-
•

• (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.
Thtr purpose of this Article of the Agreement is to set forth the terms and conditions
pursuant 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
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 pazcels
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 Courity 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
Interlceal 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 •
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 ~~indings 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, m 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 tl;te 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 along-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.
Interiocal Agrcement for Regional Wastewater Management Facilities
• -7-

(b) A Preliminary Engineering Report providing the detail necessary to support loan •
applications and environmental documentation for the Regional Wastewater
Management Facilities.
(c) A 201 Facilities Plan that meets the requirements for obtaining CG&L Section
loan funding for construction of a portion of the Regional Wastewater
Management Facilities.
(d) An Environmental Impact Statement for the Regional Wastewater Management
Facilities as required by the State, and such supporting documents and meetings as
required for obtaining a favorable Record of Decision for the NPDES Permit.
(e) A loan application to the CG&L Section for the planning and engineering work.
(~ 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 shazes for the Preliminary Work, as shown in Attachment A.
3.03 Technical Advisory Committee Responsibilities. The responsibilities of the
Technical Advisory Committee will include, but not necessarily be limited to, the following:
(a) Determining the scope of work for the Preliminary Work efforts to be completed
under this Agreement;
Interlocal Agreement for Regional Wastewater Management Facilitiu
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•

• (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;
(fl 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 aloes-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.
]nterlocal 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 3.0'fi; 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 Chance 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
Interlceal Agreement for Regional Wastewater Management Facilities
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fl
u

• 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 alater-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 within ~4 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 Renayment 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 often 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 Reuayment. 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 invoices 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
JOINING INTERLOCAL AGREEMENT
The parties agree that other local governments maybe 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
anew 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 Proiect. 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) AJ1 of the Municipal Parties shall work cooperatively to reach a mutual agreement
as to the portion of the capacity of the Regional Wastewater Management
Facilities that will be allocated to each party's use.
Interlocal Agreement for Regional Wastewater Management Facilities
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•

• (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.
(fl 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
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 maybe approved by the
governing board of that party in its sole discretion, or as otherwise required by
law.
(() All Municipal Parties agree that Holly Springs' intention is to participate in the
Interlocal Agreement for Regional Wastewater Management Facilities
•
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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. Town of 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 ail 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
]nterlocal Agreement for Regional Wastewater Management Facilities •
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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.
ARTICLE X
MISCELLANEOUS
10.01. Governing Law. The parties intend that this Agreement shall be governed by
State law.
10.02 Notices.
a) Any communication ret~ised or permitted by this Agreement must be in writing
except as expressly provided otherwise in this Agreement.
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:
• Interlocal Agreement for Regional Wastewater Management Facilities
-15-
Manager, Town of Holly Springs
Re: Notice Under Interlocal Agreement for
Regional Wastewater Management Facilities
Post Office Box 8

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, this
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 Iaw.
Interlocal Agreement for Regional Wastewater Management Facilities •
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10.09. Counteruarts. This Ageement 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.]
•
Jnterlocal Agreement for Regional Wastewater Management Facilities
•
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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~tr 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.
J ~ t- -
By: W ~-2 ~ 1 Lt.t ~ ~ ~~ 3l, ~~~
Town Manager Finance Officer, Town of Cary
TOWN HOLLY SP G ORTH CAROLINA Tbis instrument has been preaudited in the manner
required by the Local Government Budget and Fiscal
Control Act.
By:

Town Manager
Finance Officer, Town of Holl S rin s
TO OF O MLLE- CAROLINA This instrument has been preaudited in the manner
required by the Local Government Budget and Fiscal
By: Control Act.

Town anager Cl ~1 i n , ~,j Qt C~Lt~IT~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 Commissioners Finance Director, County of Wake
Interlocal Agreement for Regional Wastewater Management Facilities
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• i
i
•

ATTACHMENTS
Attachment A Pro rata Shares
Repayment Obli ate ions
Interlocal Agreement for Regional Wastewater Management Facilities
-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
Capacity Allocation Pro rata Cost Share Pro rata Cost Share for
Municipal Party for 2030 for Land 1'1 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% 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-l, 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
i
Preliminary Work
Land Acquisition Organizational, Planning and Total Anticipated
Municipal (Based on $11.OM Institutional, Engineering Expenditures
Party Loan from County) Financial, - ($1.5M-Loan from FY2005-FY2027
Development CGBL)
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
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CONTRACT CONTROL FORM
TOWN OF CARY
CCN: PW 5-002-O1
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=SERVI~E
2=EQUIPMENT
3=CONSTRUCTION
4=AGREEMENT
5=REIMBURSEMENT
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
GARY 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
STATUS: 4 1=NEW
2=RENEWAL
3=REVISION
4=CHANGE ORDER
" " ATTORNEY'S REVIEW NOT
REQUIRED.
OTHER APPROVALS: ACTION DATES
COUNCIL .........: 12/09/2004
BUDGET ADJUSTMENT:
OTHER:
v
F I N A N C E
INITIALS: DATE IN: ~/a5(o5 ACTION DATE: ~ ~S S
COMMENTS:
T O W N A T T O R N E Y (Approved as to form only)
INITIALS ~S DATE IN : j l~ (u>- ACTION DATE : lj'z G ~0~"~
COMMENTS:
T O W N M A N A G E R
INITIALS : l ~ ~~,DATE IN : ! l~~~Z~,; ` ACTION DATE : ~/L ~/G.~~-
COMMENTS: J
" TO MAYOR FOR SIGNATURE
T O W N C L E R K
INITIALS: EXECUTED DATE: :,l~
~~.
COMMENTS: K(y~~

NORTH CAROLINA
WAKE COUNTY
AMENDMENT NO. 1
TO INTERLOCAL AGREEMENT
FOR REGIONAL WASTEWATER MANAGEMENT FACILITIES
LAND ACQUISITION AND PRELIMINARY WORK
This AMENDMENT NO. 1 is dated as of J~~ G 2005,
("Amendment No. 1"), and is among the towns of APEX ("Apex"); ARY ("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 Ageement shall have the definitions specified therein and the Rules of
Construction shall be as specified in the Ageement.
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 agee 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 Momsville 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 Land 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-1 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-1.
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 ftom 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 lnterlocal Agreement for Regional Wastewater Management Facilities land Acquisition and Preliminary Work
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 Carv for Land Acauisition 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 Managcment 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 GARY, NORTH CAROLINA This instrument has been preaudited in the manner
required by the Local Government Budget and

~ Fiscal Control Act.
~-C~t~w~ ~
By: C.11~ ~~~-c
v
Town Manager
Finance ~cer, Town of Cary
TOWN OF HOLLY SPRINGS, NORTH This instrument has been preaudited in the manner
CARD required by the Local Government Budget and
Fiscal Control Act.
By: /
Town Manager Ftnance 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~ td. ~ QkC
I'l t
L!!'k-
DYt11
Tow Manager .
..
.
Finance Officer, Town of Momsville
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 an, County Bo of Commissioners
L, j G
cl~ ~~
Finance Officer, County of
Amendment No. to Intcrlocal Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work
6

ATTAC~IlyIENT 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
Apex 9.9 34.7% .34.7% 26.9% 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 Ptunping 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 Party 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.
AmendmentNo. to Interlocal Agreement for Regional Wastewater Management Facilities Land Acquisition and Preliminary Work
7

Table A-2

Prelimina Work Estimated Cost Shsres for Each Partner
WRF Land RWPS EPS Land Organizational, Planning and Total
Cost (1,Z) Land Cost (1,2) Institutbnal, Engineering Anticipated
Cost (1) Financial (S1.SM Loan Ezpenditnres
Development from CG&L) FY2005-
Municipal FY2027
Ps
Apez $2,632,000 5340,000 $332,000 5161,400 5542,600 $4,008,000
Cary $4,339,000 I $561,000 I $547,000 I $265,800 ~ $893,500 $6,606,300
Holly $0 I $0 I $278,000 5135,000 $453,800 $866,800
Springs ~'~
Morrisville $614,000 $79,000 $78,000 $37,800 $127,100 $935,900
Total S7,S85,000 5980,000 51,235,000 5600,000 52,017,000 512,417;000
NOTES:
(1) RWPS Land costs are based on tbe 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 achtal 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 effiuent pump. station, influent line from Holly Springs, effiuent line to
the outfall, and common/administrative facilities.
Amendment No. to Interlocal Agreement for Regional Wastewater Manageroa~t Facilities Lend Acquisition and Preliminary Work

Appendix B
Information Required By NCDWQ for a 401 Water Quality
Certification

Appendix B -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 SEPA document has
been produced and is currently in the public comment phase (hearing scheduled
June 15, 2006). The document has not yet gone to the State Clearinghouse.
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 u1 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. Biosolids will be thickened onsite,
but transported to an offsite facility for disposal. 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.

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.

Appendix C
Addresses for Adjoining Property Owners

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`~ j _ Figure 1 of 13
V V Ei S T~i RN WAK •~ Western Wake Regional Wastewater Management
Facilities Service Area
1U~ Z F~ ~0~6 ~
~~~lF2 ~ WA'C~h t ~~ ~tr+ !TY
wos~src~a-H~%~~,~ ~r~avc~a

W~~rT,~T ~ -~ tT T~~~' Figure 2 of 13
j ~V ~/~/ Existing WRF Site Conditions

Z CHANNEL WB 0.128 ACRES
~
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0.090 ACRES
WETLAND WA1 AR
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WETLAND WD2AREA ~~ WETL AND WPAREA
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• ~
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WETLAND WD1 AREA Q
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~ CHANNEL SB
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WETLAND
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CRES CHAN EL SD
V~TLAND WE2 AREA
0.149 ACRES
WETLAND WH7 AREA r
SH 0.108 ACRES WETLAND WF AREA
Y
WETLANDWH2AREA 0.190 ACRES ~,-

CHAN EL SG 0.059 ACRES
-
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0 250 500 Feet N
Roads
~--+ Railroads
Surveyed Streams
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Jurisdictional Wetlands
Project Area
em~,~,_
FEMA 100 year Floodplain
WETLAND WU AREA
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CHANNELSN
CHANNELSM
WETLAND WJ AREA
0.028 ACRES
WETLAND
ANNEL WJ 0.178 p
D WS AREA
ACRES
CHANNEL SL
WYAO I
Approximate area that the ~
X51 force main from Holly-Springs
will enter the site ~
JUG" 2 ~ ZQ06

WESTERN ~ZT^ T~~ Figure3of13
j jt1V ~/~/Lyj~ Holly Springs Utley Creek Transmission Line

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Water Reclamation Facility JS;~ e
- Lakes and Ponds F ~
~~ ~ M1.
,; st .'~Q~~ ~..~
~~
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DENR -WATER QIJAt Irv

Figure 4 of 13
WESTERN WAK Floodplains, Hydric Soils, and National Wetland Inventory
Sites Along Preferred Transmission Routes
~ ~\
~~~.
1
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Crossing at White Oak Creek ~
~'~
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Crossing at Little Beaver Creek ~y,
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a e
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~ ~ Preferred Pipeline Route
~ ~ Beaver Creek Gravity Sewer
;~ ~-, Utley Creek Effluent Force Main
- Rivers and Streams
FEMA 100 yr Floodplain
Wake County Hydric Soils
• [~ National Wetland Inventory Site
® Pump Station
Water Reclamation Facility
~ ~ Watert~odies
. Outfall Site

~T ~~ T /~ ~j Figure 5 of 13
WE ~ ~~~1 r V V r111~~ Raw Wastewater Transmission Routes Evaluated

West Cary Pump Station
l
Point of entry for Reedy I
Branch Gravity Sewer
~~ ~ iti~ ~-
- .~_.._.. _ 1
Alternative Beaver Creek Pump
Station at Olive-Chapel Road Z

Beaver Creek Pump Station
at Richardson Road
~..-~._,.~r--r---J.
Alternative Segment A
~A -~-°-s-z--~-°rt-r-
P`~Y
Alternative Segment 1
l
J Alternative Segment B
Alternative Segment 2
0 0.25 0.5 1 Miles N
~~~~ Beaver Creek Gravity Sewer
Reedy Branch Segment
~ Common Route Segments
~ Alternative Route Segments
~~ Alternative Route Segments
® WRF Site
Gamelands / ATT
- Roads
- Waterbodies
~UL 2 ~ 2006
wErtrv~os~ ~ ~r~r~~ uuyu ry.
~Sf~AWMlER~n~~.,,.~

Figure 6 of 13
WESTERN WAKF~:; Effluent Transmission Routes Evaluated
~G~
Alternative Segment a
Route Corridor

Iu
Altemative Segment b _ ~ '~r ~R°~w
o°
~ Utley Creek Effluent Force Main
{ ~
'~
JUL ~ fi X006

Figure 7 of 13
WESTERN WAK Approximate Location of Stream Crossings
From the West Cary PS to the Beaver Creek PS
~~
V ~
O~ 1

Crossing at White Oak Creek

~{ Digital Stream Crossing Determination
I ~ GIS Data Source: CGIA, 2004
Crossing at Beaver Creek
t Stream Crossing N
Outfall Site
I
~~~c " Ps Pump Station
Rivers and Streams
~ Preferred Route
Beaver Creek Gravity Sew
~ Alternate Route
® Water Reclamation Facility
.JE ~l: 2 6 2006
ut,, t, r~,TER QUALITY
WE7IANUS r,;,~ STORNAWATER BRANCH

Figure 8 of 13
Approximate Location of Stream Crossings
From Beaver Creek PS to WRF Site
WESTERN WAKI
~~ ~ ~
a~
0
.~` ..

Crossing at Beaver Creek

Crossing at Little Beaver Creek
/'- ` 0e er Creek v
Lid
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~-
r`
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re Be
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`~ 0 0.2 0.4
e Miles
,\~ + Stream Crossing
v ~ Outfall Site
® Pump Station
Rivers and Streams
~~ _._ __..__~ ~~ Preferred Route
-~-= Alternative Route
Digital Stream Crossing Determination ° _ `' `' Beaver Creek GravitySewer
GIS Data Source: CGIA, 2004 Q Water Reclamation Facility
° ~~~~Q~~
Dui., ~ ~ zoo6
'WETIAN~isq~i a~'rt?r~~,l'~t',tTF~~ l:,>~,:,,,.:;

Figure 9 of 13
~x T T~ ~' ~' 1~' ~? ~:T ~ ~ ' ~ ~ ~ Approximate Location of Stream Crossings
From the WRF to the End of Alternative Effluent Routes
~UL 2 ~ 2006
~El'lgN~,;,s,~yp STf~R~.At~cf ,rr_ n n~ . ,.,.

Figure 10 of 13
WESTERN WA K ~. -. Approximate Location of Stream Crossings
From End ofAlternative Effluent Routes to Outfall

.~
~ `-'--~

r~
Digital Stream Crossing Determination
GIS Data Source: CGIA, 2004

Miles
0 0.3 0.6 1.2 N
Stream Crossing
Outfall Site
PS Pump Station
- Rivers and Streams
Preferred Route
~^ Altemate_route
Water Reclamation Facili
~' Water6odies
D ~~~~
~~
~~~26z D
006

~T ~~ T ^ V Figure 11 of 13
WE ~ T~Rl V V V L ~i~ Western Wake WRF Site -Potential Disturbance Area
w
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® Project Area
200' Site Boundary A
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® Potential Disturbance Area
~
v5 pprox
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e area
a
e
force main from Hofty-Springs
will enter the site
® Conservation Area 0.178 ACRES(VYETLAND WX AREA)
0.025 ACRES

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