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2000-11-27 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 319 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 ASSEMBLY The New Hanover County Board of Commissioners met in Joint Session with the Wilmington City Council on Monday, November 27, 2000, at 1:00 P.M. in Council Chambers, 201 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Vice- Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Commissioner Charles R. Howell was absent. Members of the City Council present were: Mayor David L. Jones; Councilmember Charles H. Rivenbark, Jr.; Councilmember J.C. Hearne, II; Councilmember Laura W. Padgett; Councilmember Frank S. Conlon; Councilmember Sandra Spaulding-Hughes; City Manager Mary M. Gornto; City Attorney Thomas C. Pollard; and City Clerk Penelope Spicer-Sidbury. Mayor Pro-Tem Katherine B. Moore was absent. Mayor Jones and Chairman Caster called their respective boards to order and stated the purpose of the meeting was to hear a status report on the Northside Wastewater Treatment Plant Expansion. City Manager Mary Gornto, on behalf of County Manager Allen O’Neal and herself, acknowledged two key players from staff, County Engineer, Wyatt Blanchard and City Public Utilities Director, Hugh Caldwell, who have worked jointly on this project for a number of years. She reported that several years ago, the Board of County Commissioners and the City Council agreed to undertake an expansion of the Northside Wastewater Treatment Plant. A contract was awarded to McKim and Creed to undertake the study for expansion of the plant. The engineering firm is at 30% of the design phase, and some decisions are needed in order to keep the project on schedule. Once the presentation is completed, it is hoped that the County Commissioners and Councilmembers will provide direction to McKim and Creed so this project can continue to move forward. PRESENTATION BY MCKIM & CREED Mr. Alex Monroe of McKim and Creed reported that the presentation will consist of four parts as follows: Project Overview Presented by Alex Monroe, McKim&Creed: Master Plan, Northside Wastewater Treatment Plant Expansion, and Southside Wastewater Treatment Plant Water Quality Issues Presented by Jason Doll, Tetra-Tech: NPDES Permitting and Water Quality Modeling Northside Wastewater Treatment Plant Expansion Presented by Ron Taylor, Hazen and Sawyer: Needs/Issues and Schedule Recommended Approach Presented by Alex Monroe Mr. Monroe began the presentation with a slide showing the study area which includes all of New Hanover County down to Snow’s Cut. The City has two wastewater service areas, one for the Northside Wastewater Treatment Plant (NSWWTP) and one for the Southside Wastewater Treatment Plant (SSWWTP). PROJECT OVERVIEW The County Was Divided Into Four Service Areas 1.The area between the Northeast Cape Fear River and the Cape Fear River was not NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 320 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 considered in the overall evaluation because there was no means to get flow from that area to the Northside Wastewater Treatment Plant. 2.The Castle Hayne area is the main service area for the NorthsideWastewater Treatment Plant from the County. 3.Area A, up Highway 17 and above Wrightsville Beach. 4.Area B is the area served by the Southside Wastewater Treatment Plant. Why Is The Project Needed? 1.Current and projected future growth is increasing wastewater flows. 2.Major improvements are needed by both the Northside and Southside Wastewater Treatment Plants. 3.National Pollutant Discharge Elimination System (NPDES) permit renewals at both plants in 2001 may result in more stringent effluent limits. Why a Wastewater Master Plan? 1.Determine improvements needed for wastewater collection and pumping systems. 2.Determine improvements needed to expand and/or upgrade the two Wastewater Treatment Plants. 3.Determine the impacts of wastewater discharges on the Lower Cape Fear River. 4.Determine the cost impact of growth on the respective wastewater systems. 5.Develop an implementation plan to expand the Northside Wastewater Treatment Plant and upgrade the Southside Wastewater Treatment Plant. Major Tasks of the Wastewater Master Plan 1.Estimate the anticipated growth for population and land use. The Land Use is currently found in the Wilmington-New Hanover Comprehensive Land Use Plan, and the time period used was the twenty year period from 2000 to 2020, and build out in some areas carried to 2050. 2.Determine what is needed to expand/upgrade the Wastewater Treatment Plants. 3.Determine the impact of growth on wastewater conveyance systems such as pumping stations, force mains, collection systems and interceptors that take wastewater to the two treatment plants. 4.Determine the impact of cost to provide new and expanded facilities. 5.Develop an implementation plan to provide or upgrade facilities. 6.Projections were developed in conjunction with City of Wilmington and New Hanover County planners. PERMITTING AND WATER QUALITY Mr. Jason Doll presented some results of evaluations concerning the Master Plan. Data from 1997 was used because it was the best data available at the time. The engineering firm extrapolated NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 321 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 that data along with models and information from the Comprehensive Land Use Plan to project the population growth. The City of Wilmington is projected to grow from 64,518 people in 1997 to 81,896 in 2020. The County is projected to grow from 73,315 people in 1997 to 138,269 in 2020. Wrightsville Beach should remain the same, from 3,197 people in 1997 to 3,527 in 2020. Total population is projected to go from 141,030 in 1997 to 223,692 in 2020. NORTHSIDE WASTEWATER TREATMENT PLANT WASTEWATER FLOWS Wastewater flow coming into the plant is composed of the following: Total Domestic Flow Infiltration and Inflow - un-metered wastewater flow that gets into the system Total commercial flow - commercial, retail and institutional flows Industrial flow from major industries There will be a 10% reserve capacity to allow for items that cannot be planned such as growth for subdivisions that were not planned or the location of a major industry. This percentage will provide a hedge for the future. The projected flow to the Northside Wastewater Treatment Plant to 2020 will increase from 11.95 million gallons per day in 1997 to 15.72 millions a day in 2020. In the Southside Wastewater Treatment Plant, there will be a transfer of flow rather than an expansion. When the Ogden Interceptor was constructed, replacers were installed to allow for a transfer of flow from the Southside Wastewater Service area to the Northside Wastewater Treatment Plant when it is expanded. This means that the Southside Wastewater Treatment Plant will not need to be expanded through the year 2020. TOTAL WASTEWATER FLOWS The current rated capacity of the Northside Wastewater Treatment Plant is 8 million gallons per day with 12 million gallons per day for the Southside Wastewater Treatment Plant for a total capacity of 20 million gallons per day. Through the year 2020, the total wastewater capacity requirements are estimated at 28 million gallons per day, 16 million gallons per day for the Northside Wastewater Treatment Plant and 12 million gallons per day for the Southside Wastewater Treatment Plant. PROJECTED BREAKDOWN OF WASTEWATER FLOWS FOR PROPOSED EXPANSION OF THE NORTHSIDE WASTEWATER TREATMENT PLANT The types of flows, domestic, infiltration and inflow, commercial and industrial, were broken down by City and County contribution. Adding in the reserve flow gives a percentage of 34.13% ADF, MGD for the City and 65.87% for the County. If population is considered, and due to annexations by the City the percentages go the other way, the County still owns the wastewater systems even in the annexed areas. Mr. Doll explained that the expansion and upgrade of a wastewater treatment plant requires a modification of the existing NPDES permit with the N. C. Division of Water Quality (NCDWQ). Currently, the NCDWQ has a very stringent wasteload allocation policy. When a permit is modified, this agency revisits the wasteload allocation process, which is the procedure by which limits of waste water discharge are set. The current policy as defined in the Cape Fear River Basin Management Plan is that all new and expanding discharges in the Lower Cape Fear shall meet treatment limit for biochemical oxygen demand (BOD)as stringent as 5 mg per liter and for ammonia nitrogen of 1 mg per liter. This is generally referred to as “five and one” (5/1 limits). This reflects the general limits of technology of wastewater treatment, and it represents a significant capital investment in treatment NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 322 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 equipment and concrete on the ground. The reason for this stringent allocation policy is that the NCDWQ has designated a portion of the Lower Cape Fear River as impaired because it partially or no longer supports its designated uses due to low dissolved oxygen levels occurring in streams during summer seasons. That portion reaches from Horseshoe Bend near the CP&L Sutton Plant to beyond the Southside Wastewater Treatment Plant. This stringent wasteload allocation policy means significantly greater capital investment in wastewater treatment costs to meet those limits. The question is are those costs justified. The current drawback is that no one knows what the water quality benefit of those improvements will be because to date the NCDWQ has exercised no significant water quality modeling effort to address the impacts of those improvements. So there is no way to know what the water quality benefit of achieving more stringent treatment levels will be. Therefore, McKim and Creed brought Tetra-Tech into the project to perform a water quality modeling analysis on the Lower Cape Fear River to estimate the benefit that may be obtained by these stringent upgrades. The purpose of the modeling analysis was to analyze where the Northside Wastewater Treatment Plant and Southside Wastewater Treatment Plant discharges were being transported in the system once the effluent was released into the river. The next purpose was to evaluate the impact of the discharge on in-stream dissolved oxygen in the Lower Cape Fear River since that is the key parameter of concern for the regulatory agency. Also there is a need to provide a scoping analysis to the NCDWQ so this agency can use this analysis in long-term modeling efforts to find out where the areas of uncertainty exist and where further data collection and investigation are needed. The model used by Tetra-Tech in the project is the EFDC model, which stands for Environmental Fluid Dynamics Code. The EFDC model was developed by scientists on staff at Tetra- Tech and is supported by the EPA. EFDC at this time is the only three-dimensional hydrodynamic estuary model that is fully supported by the EPA, and it has been tested in more than 20 estuaries worldwide. This process is a scoping level application, assembled and calibrated with the best available existing data, utilizing data from the Lower Cape Fear River Program and the State of North Carolina Ambient Water Quality Monitoring System. Councilmember Rivenbark asked what the end result of the model would be and if this was a perfect model or was perfection trying to be obtained. Mr. Doll responded that modeling was never a perfect world. He explained that the first step was to build a simulation of the hydrodynamics of the system, which means how the water moves around. The model can accurately show how the effluents are put into the system and how they are moved around by the tides and currents of the river system. With regard to water quality parts of the model, the calibration is good, and it is felt that results are a good representation of the impacts of wastewater discharges on the system. But in terms of other impacts on dissolved oxygen, there is still some uncertainty. Some of the results show that effluents from the Northside Wastewater Treatment Plant and Southside Wastewater Treatment Plant are quickly diluted into the system. Within relatively near distances to the end of outfall pipes, the discharges achieved dilution levels of 100:1 to 300:1, which is a high level dilution. It was also discovered from the model that the impact of the existing Wilmington discharges on dissolved oxygen is very small. Councilmember Rivenbark asked if this means that discharges from the wastewater treatment plants are almost as clean as the river water being taken in. Mr. Doll noted that cleaner might be a misstatement, but it would be correct to say that the effluent is not significantly different from the water into which it is being discharged. He continued, saying that the biggest differences in dissolved oxygen in the system are attributed to sediment oxygen demand, which is a demand from organic sediments that are already at the bottom of the river, and from the effects of swamps where the water drains to and from the flood plain swamps into the river. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 323 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 There is no exact way to characterize what happens when the water goes into the swamp, but it is known that the water loses oxygen as it sits in the swamps and then drains back into the river. Regarding how this affects potential wasteload allocation scenarios for the wastewater discharges for Wilmington, the model was used to analyze Wilmington discharges at the stringent 5/1 limits and at a less stringent level with a BOD of 15 and ammonia of 4. The graph displayed the difference between those two allocation scenarios from marker 61 at downtown Wilmington, where the greatest difference was predicted, and this difference was less than one-tenth of a milligram per liter. That is to say this difference is within the margin of error of a standard in-stream dissolved oxygen meter. This information should be shared with the NCDWQ and the Lower Cape Fear River Program at UNC-W, as a form of dialogue with the NCDWQ utilizing the modeling results as a basis for interim or alternate mass limits in the wasteload allocation. The next steps are to complete documentation of the modeling effort, which will include a detailed description of the data used to support the model and the results of the process, a detailed description of the calibration process, and discussion of the results of the various allocation scenarios as addressed by the model. Mr. Ron Taylor, a representative of Hazen and Sawyer Engineers, reported the company assisted McKim & Creed in performing an engineering evaluation of the Northside Wastewater Treatment Plant and Southside Wastewater Treatment Plant. The main reason for using the modeling process was to evaluate and determine the cost of the required improvements at approximately $90 million for both wastewater treatment plants. There are significant upgrades required to comply with the current 30/30 limits at the plants. There is the possibility of the more stringent limits at 5/1 which will add an increased capacity requirement. In reviewing the upgrade and expansion of the Northside Wastewater Treatment Plant, there are several recommended items that are not currently being done. Not only do the plants have to comply with a stringent permitting process, but it must be taken into consideration that more stringent limits will be imposed in the future, specifically nutrient, phosphorous, and total nitrogen limits. Since the Northside Wastewater Treatment Plant is near the Airport and the Southside Wastewater Treatment Plant is close to residential areas, odor control is an issue; therefore, providing more residuals management flexibility to adapt to changing conditions is a key component in the plan. Currently wastewater treatment plants have the ability to land-apply a class B sludge from both plants, and there is the capability of producing pellets that can be applied to surrounding golf courses. These alternatives need further review. After an extensive investigation into constructing a new plant, it was decided that the best approach was to expand the existing Northside Wastewater Treatment Plant. The following tables were presented showing the best and worst case scenario for the expansion. If there were no additional capacity and no permit changes, the costs would be: Northside$10,000,000 Southside$20,100,000 Total$30,100,000 Southside is rated at 12 MGD capacity, but the facilities are not there to allow compliance with the 30/30 permit at 12 MGD. Therefore, significant funds would have to be spent just to comply as the plant capacity is approached. If Northside was rated at 16MGD with 5/1 limits, and Southside at 12 MGD with 30/30 limits, the costs would be: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 324 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 Northside$63,700,000 Southside$20,100,000 Total$83,800,000 In the worst case scenario, both plants would go to the 5/1 limits, and the costs would be: Northside$63,700,000 Southside$35,400,000 Total$99,100,000 All these numbers include 30% contingencies. So the actual numbers are less, but still very large. One reason to expand at the Northside Plant and not the Southside Plant is the potential for Northside Plant to go to 5/1 limits. The Southside Plant would remain at 12 MGD at 30/30 limits; therefore, the total cost for the two projects would be almost $84 million opposed to $99 million. After reviewing the impact of phasing the Northside Wastewater Treatment Plant construction by expanding to 12 MGD instead of 16 MGD, the cost would be approximately $57,900,000, with the cost of increasing to 16 MGD at $63,700,000. The 12 MGD project would be sufficient for 5 to 10 years. The City Council and Board of County Commissioners must decide if the plant should be expanded to 12 or 16 MGD. A slide was presented showing the cost based upon a 15/4 limit scenario. At 16 MGD at 15/4 limits, it would cost approximately $55 million vs $63.7 million at 5/1 limits. At 15/4 limits, tertiary filters could be deferred, less aeration tankage and blower capacity would be needed, and the City and County would be operating under a less stringent permit at a lesser risk of non-compliance to the permit. Vice-Chairman Greer asked if it was stated earlier that by going with a 15/4 limit, the actual discharge into the Cape Fear River would be so small it would be within tolerances of the instrument testing the water. Mr. Taylor responded that the statement by Vice-Chairman Greer was correct and stated that the City and County should approach the State about taking a closer look at the effluent being discharged into the river since data is now available. Councilmember Conlon asked if there was any chance of obtaining 15/4 limits instead of 5/1 limits. Mr. Taylor responded that with the data available and the cost to the City and County in trying to expand the plant, it is felt the NCDWQ will listen. Chairman Caster asked if New Hanover County was the first entity facing the 5/1 requirement. Mr. Taylor responded that Carolina Beach had to be permitted under 5/1 limits as were many other communities throughout the State. Mr. Taylor continued his presentation by presenting the project schedule. In order to sustain growth in the City and County, the expansion needs to be completed by the end of 2003. In order to comply with this schedule, the detailed design and bid packages must be prepared as well as the permitting aspect. These activities need to begin immediately so the expansion can be completed within three years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 325 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 Based on the results of the evaluations, the recommended approach is as follows: •Prepare to challenge the regulatory basis for more stringent permit limits: Protect the City and County’s interested in the Cape Fear River. Water quality modeling to balance environmental and economic concerns. •Proceed with design of a 16 MGD Northside Wastewater Treatment Plant upgrade and expansion: Address anticipated growth and environmental impacts. Design concurrent with permit resolution to keep up with growth. Modular design approach to allow changes based on outcome of permit deliberations. After a lengthy discussion on pursuing the 15/4 limits, Commissioner Birzenieks asked if the City and County Engineers concurred with the recommendation. County Engineer Wyatt Blanchard and City Engineer Hugh Caldwell agreed with the approach recommended. A lengthy discussion followed on the alternatives evaluated, including building on another site and whether the Northside Treatment Plant should be expanded to 12 or 16 million gallons per day. Further discussion was held on the importance of meeting future needs of the City and County through the year 2020. Motion: After further discussion, Mayor Jones MOVED, SECONDED by Councilmember Conlon, to move forward with pursuing the 15/4 limits and proceed jointly with New Hanover County to expand the Northside Wastewater Treatment Plant to a capacity of 16 million gallons per day. Upon vote, the MOTION CARRIED 6 to 0. Motion: Chairman Caster MOVED, SECONDED by Vice-Chairman Greer, to moved forward with pursuing the 15/4 limits and proceed jointly with the City of Wilmington to expand the Northside Wastewater Treatment Plant to a capacity of 16 million gallons per day. Upon vote, the MOTION CARRIED 4 to 0. Vice-Chairman Greer reported on a letter received from Pender County requesting the City and County to consider allowing Pender County to purchase wastewater capacity from the expanded plant. He said that Pender County was willing to pay for the capacity, but this capacity should not be a detriment to providing sewer to any residents living in New Hanover County. City Manager Gornto advised that the Pender County request on a long-term basis was 500,000 MGD. According to the City and County Engineers, there is probably enough reserve capacity to accommodate this request. It should also be noted that the capacity will be for industrial and institutional use only, not for residential development. Councilmember Conlon recommended establishing a capacity figure for Pender County and adding this figure to the 16 MGD expansion so the 10% reserve can maintained after the plant has been expanded. He stated that the industrial flow estimate was based on the number of acres included in the Comprehensive Land Use Plan, which did not include Pender County. Commissioner Davis agreed with Councilmember Conlon and stated that he was sensitive to the people in Castle Hayne who have been waiting to receive County sewer for a number of years. He stressed the importance of New Hanover County having sufficient capacity before allowing Pender County to purchase capacity. After further discussion, Councilmember Rivenbark expressed concern for adopting a resolution without sufficient information on a project that will cost the City and County approximately NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 326 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 $100 million. He advised that the presentation was excellent but he was not ready to move forward with the request from Pender County. He asked if action could be postponed until the December 5 meeting of the City Council to allow more time to study the presentation. Motion: Councilmember Hearne MOVED, SECONDED by Councilmember Rivenbark to continue this item until the December 5, 2000 meeting. City Engineer Hugh Caldwell requested authorization to meet with the Division of Water Quality to challenge the regulatory basis for more stringent permit limits. Substitute Motion: After further discussion, Councilmember Hearne MOVED, SECONDED by Councilmember Rivenbark, to authorize Staff to move forward with challenging the regulatory basis for more stringent permit limits, and continue the other actions at the December 5, 2000, meeting of the City Council. Upon vote, the MOTION CARRIED by a 6 to 0 vote. Substitute Motion: Chairman Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt Councilmember Hearne’s motion regarding the 15/4 limits and continue other actions at the December 4, 2000, meeting of the New Hanover County Board of Commissioners. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Discussion followed on the utility services of the City being an enterprise fund. Councilmember Rivenbark noted that the New Hanover County water and sewer service was not an enterprise fund and stated that he wanted to be assured that City residents were not subsidizing water and sewer services in the unincorporated county. County Manager O’Neal explained that the Water and Sewer District is an enterprise fund; however, some of the County’s sales tax proceeds are used to pay the debt for the District. No funds are used for operational costs. Councilmember Padgett expressed concern for City residents paying twice through sales tax revenue. County Manager O’Neal explained that this portion of the sales tax was unrestricted. Councilmember Padgett responded that any portion of the sales tax used is paid from sales within the whole County, which includes the City. Councilmember Rivenbark asked if the County was considering any future plans to provide a rate-paid water and sewer system. County Manager O’Neal responded that water and sewer rates were increased in 1999 and there are no current plans for another rate increase. Chairman Caster requested an update on the response from the Institute of Government regarding consolidation. City Manager Gornto reported on contacting the County Manager to suggest scheduling a joint meeting with a representative from the Institute of Government in the near future. County Manager O’Neal advised that he requested delaying the meeting until January because the Commissioners were involved in an election and the composition of the Board could change. Since two new Commissioners will be serving on the Board effective December 4, 2000 and they willing be attending the School for New County Commissioners sponsored by the N. C. Association of County Commissioners on December 14-15, 2000, it would be almost impossible to schedule a meeting before January, particularly with the holiday season during this period of the month. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF SPECIAL MEETING WITHPAGE 327 WILMINGTON CITY COUNCIL, NOVEMBER 27, 2000 After further discussion, both Boards agreed to consider Tuesday, January 16, 2001 from 12:00 noon to 2:00 P.M. The City Manager was requested to contact the Institute of Government to see if this date would be convenient and report back to the County Manager. ADJOURNMENT Chairman Caster and Mayor Jones adjourned their respective boards at 3:20 P.M. Respectfully Submitted, Lucie F. Harrell Clerk to the Board