Answers to Chatham Residents Questions about the Western Wake Partners

Answers to Chatham Residents Questions about the Western Wake Partners We want the residents of Chatham County to fully understand the purpose and impact of the Western Wake Partners (WWP) request for a treated wastewater pipeline to cross through 8.1 miles of Chatham County. It is critical to provide everyone involved with the facts so that they have a clear understanding of the outcomes any response to the WWP s request. Questions about the Western Wake Partners Who are the Western Wake Partners? Western Wake Partners (or WWP) includes the Towns of Apex, Cary, and Morrisville which came together to address their need for more wastewater treatment capacity. They looked at individual town options, but the NC Department of Environmental & Natural Resources (NCDENR) asked them to work together, stating that it was better environmentally and economically to do so. What is a water reclamation facility? Often called a wastewater treatment plant, a water reclamation facility (WRF) removes contaminants from wastewater. The main goal is to produce a clean, treated product that can be discharged into a river. A secondary goal is to produce a highly treated sludge that can be applied to specific areas as fertilizer. The Division of Water Quality (DWQ) regulates requirements for treated wastewater. Will any part of Chatham County be served by this facility? There are 1,967 Chatham County residents living in the Town of Cary, so these residents will be served by the new regional facility. Questions about Chatham County s Authority & Negotiations What happens if Chatham County doesn t allow the WWP to acquire easements in Chatham? If Chatham County decides that the WWP can t negotiate with property owners, it would be up to state authorities to decide how to move the project forward. The state has been firm so far that the WWP s pipeline would be routed through Chatham County to the specified discharge point. For Chatham County to receive any concessions from the WWP or its partner towns through negotiation, it would have to take action on this issue before any state intervention. What benefits can Chatham County obtain from Cary and the WWP? Negotiations between current Chatham County Board of Commissioners and the WWP are ongoing and are having positive results. Cary has a long-standing practice of not annexing areas unless requested by property owners, but we continue to have conversations with Cary and Apex about confirmation of this position. In addition, based on recent negotiations, the WWP would agree to: Work with the county to see if there is a way to compensate Chatham County for any lost property tax revenue caused by the installation of the pipeline. Provide a future wastewater system tap location on Hwy. 42 in southeast Chatham, if needed down the road for businesses or residences. Work with the county on a rescue plan for properties in northeastern Chatham near Cary with failing septic systems, but an environmental impact statement might be required. Provide fencing and gates as needed to protect affected county properties. 1

The option of a system tap on NC 42 to accepted treated wastewater could be a critical boost for existing businesses and industries already located in that area and to help the county attract businesses. This future tap may be especially important with the relocation and consolidation of military headquarters (BRAC) to the Fort Bragg area, which is already expanding outward to other surrounding counties and is most closely connected to this part of Chatham County. Could the county s decision related to WWP impact our future water allocation from Cary? The Town of Cary delivers Chatham County s state water allocation from Jordan Lake (three million gallons per day). The agreement has been extended each year by letter of agreement between Cary, Apex and Chatham County. By working collaboratively on the WWP, which will happen anyway, Chatham County can secure future water supply allocations, including a chance to negotiate for water to supply western Chatham County for future needs. Does the Chatham County Board of Commissioners have a complete understanding of the potential impacts on property owners to ensure that something is not overlooked? This document is based on the questions and concerns from residents at the previous public meeting, but the main reason Chatham County is holding another public hearing is for the current Board of Commissioners to hear directly from property owners about potential impacts. There is no guarantee that all potential future consequences of any decision can be anticipated in advance, but the hearing is a chance to identify as many as possible. Could we end up with a WWP sewer line to serve areas of Northeastern Chatham County? As noted earlier, the WWP is open to discussing ways to potentially serve those with failing septic systems in areas near Cary town limits, a safer solution for failing systems that can t be replaced for various reasons. Will having the WWP facilities in the county promote more annexation by Cary or Apex? The proposed pipeline location is not related to annexation. The route is not adjacent or close to the area of Chatham County already annexed by Cary. However, it is important to note that current state law on annexation does not give counties the ability to stop town annexations, even across county borders. Thus far, the Town of Cary has only annexed into an area of northeastern Chatham at the request of property owners. More on the pipeline route is on pages3-4. Questions about Pipeline Easements What are pipeline easements and easement rights? A pipeline easement allows the utility provider (in this case, the WWP) to construct and maintain underground pipelines either on private property or beside it. Easement rights would allow the WWP to use privately-owned land by negotiating with the owner to use the easement portion. Easements are recorded with the Register of Deeds and show up on property maps. How much of the pipeline goes through personal property? As the maps indicate, one reason this route was selected was much of the pipe runs along the shoulder of the roads, with limited impact on personal property. What can property owners do or not do on the easement land on their property? Property owners maintain the easement area like the rest of their property, but WWP workers must be able to access the easement area for construction and maintenance. After installation, the owner would have some limitations of activities or planting within the easement area: Allowed in easements: Ground covers, grasses, field crops, fencing and landscaping, vehicle access over easements (including farm equipment), and livestock grazing. Timber harvesting should be done before the utility pipeline construction begins. 2

Restricted activities include: Plantings of trees and shrubs of any size and any permanent structures For more information on allowed easement activities, contact the WWP directly at 919-469-4090. What can I expect to happen in the easement area during construction of the pipeline? For health and environmental reasons, utility crews will clear out trees and shrubs in the easement so that roots can t penetrate underground pipelines. Anything the property owner has in the easement area may be removed for installation, operations, inspections, maintenance, or utility line repair. Trees and shrubs may be disturbed or damaged. The WWP must notify property by letter before any clearing work is done, which is when property owners should ask questions and remove personal items from the easement. If personal items, such as fences and portable buildings, are left in the easement, workers will remove them and set them aside. They won t be returned to the easement and workers are not responsible for any damage. So, it is in the property owner s best interest to remove items themselves if they plan to reuse them elsewhere. Do we have time to remove timber from easements before construction? We expect the WWP to provide sufficient time for timber removal from easements. Construction is currently slated to begin April 2012, but the WWP will keep property owners informed so they can remove timber. Landowners may call the WWP at 919-469-4090 to inquire about project status. Questions about Wastewater Management Facilities What are the "Western Wake Regional Wastewater Management Facilities"? Facilities would include three pump stations, one water reclamation (treatment) facility (WRF), and all pipes connecting them. West Cary and Beaver Creek pump stations will move untreated wastewater from Apex, Cary, and Morrisville to the WRF for treatment. The third pump station will be located at the WRF site. A force main will move cleaned wastewater from the Western Wake WRF to a discharge point on the Cape Fear River below Buckhorn Dam. Where is the Western Wake WRF located and what will be on the site? It is in Wake County, north of US 1 and just south of Old US 1, bordered by New Hill Holleman Road to the east and Shearon Harris Road to the west. On the 237-acre site, about 62 acres will be used for WRF facilities, which will have a forested buffer of around 200 feet. What is the expected construction schedule, including when it will start operating? Construction had been expected to begin in 2011, with the site operational in 2014. Schedule information can be found at: www.westernwakepartners.com/schedule.php Questions about the WWP Pipelines & Routes Why did the WWP choose to locate the treated wastewater pipelines in Chatham County? The WWP evaluated several other locations for discharging the treated water, including options outside Chatham County. However, the N.C. Division of Water Quality (DWQ) decided that it was environmentally preferable for the WWP to discharge in the Cape Fear River below Buckhorn Dam in Chatham County. They stated that research indicated that the Cape Fear River could handle the treated wastewater while maintaining acceptable water quality in the river. The WWP evaluated various pipeline location options to reach the discharge point on the Cape Fear River, with the goal of minimizing impacts to the environment, property owners and residents, American Tobacco Trail, federal lands, historic districts and existing utility lines. The WWP determined that the proposed pipeline route through 8.1 miles of Chatham County is both the most direct and environmentally-friendly route. For more information, see the summary in 3

Section 2.4 of the Final Environmental Impact Statement released by the U.S. Army Corps of Engineers in Dec. 2009. www.saw.usace.army.mil/wetlands/projects/ww-wtp/feis/index.html Why not pipe the water to Cary and let them drink it? The WWP preferred and pursued a discharge point in the upper New Hope Creek arm of Jordan Lake, which is a drinking water source for Cary, Apex and Chatham County. However, the N.C. Division of Environment and Natural Resources (NCDENR) said it would not permit it. NCDENR already considers Jordan Lake an impaired water body with higher levels of nutrient contaminants than it should have. This option was then eliminated. Why doesn t the WWP discharge to Harris Lake in Wake County? The WWP considered and evaluated this option, but NCDENR determined that Harris Lake has a limited ability to safely handle treated wastewater discharge compared to the Cape Fear River. Usage of Harris Lake also would require the WWP to obtain an Interbasin Transfer Certificate, resulting in a project delay of at least three years. Can the treated wastewater pipeline be routed to the east side of Shearon Harris, along Rex Road, to Captains Landing? Were alternative routes considered? Yes, other routes for the pipeline were considered, but NCDENR and the WWP deemed the selected route to discharge point on the Cape Fear has having the least negative impacts. Why can t Progress Energy use the treated wastewater in its cooling tower process? Progress Energy s long-time policy doesn t allow using treated wastewater as cooling water. Can easement widths be reduced if the WWP uses existing gas line easements in the area? The WWP has explored co-locating pipelines along existing utility corridors as well as using existing easements for temporary construction easements. However, distance from existing pipelines is also dictated by terrain and the pipelines depths. WWP partners have agreed to meet with individual property owners to discuss the proposed easement widths on their properties. Questions about Acquiring Easement Rights from Property Owners Land value appraisals performed now may be artificially low due to the economy. Will the WWP compensate property owners fairly for reduced property values? The WWP has stated that it understands this concern and will work to reconcile differences between tax value and appraised value. The WWP also has stated that it is willing to meet and discuss this and other concerns property owners may have to ensure fair compensation. What is fair or "just" compensation? The Fifth Amendment to the U.S. Constitution (and state constitutions) requires fair or just compensation to be paid to property owners when private property is taken for public use. Fair market value is typically used as the measure of just compensation, because it based on what someone voluntarily selling their property would accept from a buyer in the current market. The WWP will use a process consistent with the the Uniform Act of 1970, which gives easement owners these basic rights: Just Compensation, Appraisal and Review Appraisal, and the right to accompany the Appraiser. The WWP will make an offer of just compensation based on an appraisal, independently and impartially prepared by a qualified appraiser as of a specific date. The value must be supported by verified data and an analysis of relevant market information. What is eminent domain and can it be used for by the WWP to obtain an easement? Eminent domain is the power for government to take private land for public use, but as noted earlier, the Fifth Amendment of the U.S. Constitution requires government taking the land to give the property owner just compensation. If Chatham County supports the WWP s acquisition of 4

easements in the county, the WWP will be able to obtain easements using eminent domain if they choose, but would still have to pay the owner just compensation. How does condemnation work if a landowner can t successfully negotiate with the WWP? State law provides specific steps for condemnations. The property owner(s) would first receive notice by certified mail at least 30 days prior to any legal action being initiated to condemn property for easements. This notice would state the purpose(s) for the condemnation, general property description, property interest to be taken (easement), the estimated just compensation for the easement to be taken, the date legal action would be filed, the date the WWP would take title to the easement rights, and information on the owner s rights to contest the action. After at least 30 days, the WWP would file a complaint with the Clerk of Court, along with a deposit equal to estimated just compensation for the easement. The WWP also would file a memorandum of action with both the Register of Deeds Office and the Clerk would issue a summons. The summons, complaint and notice of deposit are served on the property owner and any others with an interest in the property. Unless the property owner(s) initiates an action for injunctive relief, title to the easement would be taken immediately upon the filing of the complaint and the placement of the compensation deposit. If the owners named in the complaint have clear title, they file with the court to obtain the compensation deposit. Property owners have up to 120 days to contest the complaint. Even after receiving the deposit, the property owner still has the right to seek additional compensation. Will annexation by any towns involved in the WWP be required? Annexation is not related or involved in the WWP obtaining easements for pipelines. Property values may be negatively impacted by the pipeline easement, affecting county tax revenues. Will Chatham County ask the WWP to help make up for any tax revenue declines? The WWP has not seen evidence that property values are negatively impacted by the pipeline, but is receptive to working with the county if this is verified. They are paying property owners for the use of their land as a easement. Instead of buying land for easements could the WWP work out a plan to lease easements, credited monthly, paid annually, and indexed to inflation? The WWP is exploring its flexibility for this option with the project s financial lenders, which require purchasing the easements. The WWP is still working options for paying landowners. Questions about Safety and Maintenance Plans Does a spill "clean-up" plan exist and where can a copy of the plan be reviewed? The Final Environmental Impact Statement Appendix L details the Town of Cary's Spill Response Action plan as well as Sanitary Sewer Overflow Plans and Procedures for the Town's of Apex. These can be viewed at: www.saw.usace.army.mil/wetlands/projects/ww-wtp/feis/index.html While providing clean drinking water to residents with potentially impacted well water is not referenced in the documents, state law requires the WWP to address all damage resulting from any spills and this would include providing drinkable water. Why is an emergency response plan needed if the treated water carried in the pipeline is clean? An emergency response plan, based on industry best practices, is required to limit any impacts, such as flooded roads, and to return to normal operations as soon as possible. WWP members report they have not experienced a failure of any existing treated wastewater pipeline thus far. 5

What about payments to restore private property damaged if a spill occurs? State law requires the WWP to restore any property damaged by a spill. The Town of Cary has plans and resources to handle spills and emergencies, including restoration. Property owners are NOT responsible for restoring property damage caused by WWP. What if the project impedes access to communications towers, farm equipment, etc? If access damage is caused by the WWP or its contractors, repairs must be done at no cost to the property owner. Contact the WWP if you have specific access concerns. Questions about Environmental Concerns What impact can we expect from the WWP discharge on the Cape Fear River, including fishing and public safety in the area? NCDENR evaluated the impact of the WWP discharge on water quality and concluded that the river can incorporate the WWP s discharge as well as any future discharge that might come from a Chatham County facility (no plans at this time) without negative impacts on fish or other river wildlife. The specific discharge design option selected (a bank discharge structure with head wall) should limit impact on recreational activities. More information is found in the Final Environmental Impact Statement in Section 2.7. www.saw.usace.army.mil/wetlands/projects/ww-wtp/feis/index.html Will the pipeline s discharge flow impact the level of the river? Treated water will flow to the river continuously, but the rate will vary during the day and over time as the customers served expands, but the quantity is not expected to noticeably impact the river level. The permitted flow level of the WWP discharge is less than 10% of the Cape Fear River s flow. The river width at the discharge also will minimize flow impact. How will hormones and treatments in wastewater be addressed to prevent adverse affects as the discharge enters the Cape Fear River? This is a new emerging field of interest, with ongoing academic research on any impacts. How will the discharge point impact the endangered dwarf wedge mussel? Section 4.2 of the Final Environmental Impact Statement notes the verified locations of the dwarf wedge mussel are in the Neuse River Basin, while the WWP is in the Cape Fear Basin. Has a full survey and rigorous biological assessment been completed? The WWP had a Biological Assessment performed and submitted to the United States Fish and Wildlife Service (USF&WS). The Fish & Wildlife Service issued a letter for the project (see Final EIS Appendix I-2) stating: "...it appears that the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act." See Appendix I-1: www.saw.usace.army.mil/wetlands/projects/ww-wtp/feis/index.html What are the dangers of raw sewage crossing through my property? The pipelines in Chatham County will be carrying treated wastewater only, not raw sewage. The sewage will be treated at a plant before it is piped through Chatham County. 6