HomeMy WebLinkAbout47-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 47-18
File Number: 2018-0074
BEAVER WATER DISTRICT THIRD AGREEMENT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE THIRD AGREEMENT WITH
BEAVER WATER DISTRICT RELATED TO PROTECTION OF AND NUTRIENT REDUCTION IN
THE BEAVER LAKE WATERSHED
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the third
agreement with Beaver Water District related to protection of and nutrient reduction in the Beaver Lake
Watershed and authorizes Mayor Jordan to sign the agreement. A copy of the agreement is attached to this
Resolution and incorporated herein.
PASSED and APPROVED on 2/6/2018
Attest:
Sondra E. Smith, City Clerk Treasur K%oll+llrfillt
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Page 1 Printed on 217118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0074
Agenda Date: 2/6/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 13
BEAVER WATER DISTRICT THIRD AGREEMENT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN THE THIRD AGREEMENT WITH
BEAVER WATER DISTRICT RELATED TO PROTECTION OF AND NUTRIENT REDUCTION IN
THE BEAVER LAKE WATERSHED
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the third agreement with
Beaver Water District related to protection of and nutrient reduction in the Beaver Lake Watershed and
authorizes Mayor Jordan to sign the agreement. A copy of the agreement is attached to this Resolution and
incorporated herein.
City of Fayetteville, Arkansas Page 1 Printed on 217/2018
City of Fayetteville Staff Review Form
2018-0074
Legistar File ID
2/6/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 1/19/2018 Utilities Director /
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
City Staff recommends a resolution approving an agreement between the City of Fayetteville and Beaver Water
District (BWD) pertaining to protection of and nutrient reduction in the Beaver Lake Watershed.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $
Current Balance $ - I
Does item have a cost? NA Item Cost $
Budget Adjustment Attached? NA Budget Adjustment $ -
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution # 248-12. 59-06
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 6, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff p
FROM: Tim Nyander, Utilities Director i
DATE: January 19, 2018
CITY COUNCIL MEMO
SUBJECT: 3rd Agreement with the Beaver Water District Pertaining to Protection of
and Nutrient Reduction in the Beaver Lake Watershed
RECOMMENDATION:
City Staff recommends approval of an agreement between the City of Fayetteville and Beaver
Water District (BWD) pertaining to protection of and nutrient reduction in the Beaver Lake
Watershed.
BACKGROUND:
Because it is the sole source of drinking water for Northwest Arkansas, the City and BWD
recognize that protecting the water quality in Beaver Lake is extremely important. Recognizing that
there are both point and nonpoint nutrient sources within the watershed, both parties agree that
there are substantial opportunities to protect Beaver Lake through nonpoint source pollution
reduction projects. In 2006 and 2012, the City and BWD entered into a 1 'and 2nd agreement
respectively, whereby both parties committed to actions aimed at achieving a net reduction of
the Total Phosphorus load into the Lake. A few of the City's projects are below:
✓ Developed streambank protection and Low Impact Development ordinances
✓ Maintained annual wastewater discharge phosphorus loadings to below 0. 5
parts per million (ppm)
✓ Restored several river and stream banks
✓ Executed extensive public education
The City' s National Pollutant Discharge Elimination System (NPDES) discharge permit for the
Noland Wastewater Treatment Facility (VW TF) allows a 1.0 ppm phosphorus discharge into the
White River. When the West Side WWTF was constructed and placed into operation, the total
number of pounds the City could discharge to the White River almost doubled. BWD objected,
requesting the phosphorus limit be reduced to 0. 5 ppm, but withdrew their objections when the
City entered this shared agreement, as the actions performed would create a much larger
reduction of phosphorus into the watershed than would the more restrictive, and much more
expensive, NPDES permit limit.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION
The benefits — both financial and environmental — of the work performed relating to the 16' and
2nd agreements are substantial, and City Staff intends to continue these type efforts. The
partnership between BWD and the City further increased the benefits; many of these projects
were joint efforts. As the City's NPDES discharge permit has just been renewed, BWD also
recognizes the benefits, and requested the City enter a similar 3'd agreement. While significant
progress has been made, many opportunities remain to reduce the nutrient loading to the White
River
Attachments:
31d Agreement
Resolution 248-12
Resolution 59-06
Third Agreement between
Beaver Water District and the City of Fayetteville
for the Protection of the Beaver Lake Watershed
�• r' 1
This Agreement is executed this 'day ofV4mjcjjj, 20 �, between the
City of Fayetteville, Arkansas, and Beaver Water District. TW parties agree as follows:
Beaver Lake is the sole source of drinking water for most of Northwest Arkansas. The
City of Fayetteville (the "City") and Beaver Water District (BWD) recognize that
protection of this water supply is of extreme importance. The City has for many years
taken a proactive role in minimizing the discharge of pollutants, especially phosphorus,
into both the Beaver Lake and the Illinois River watersheds. BWD also has implemented
a proactive source water protection program that emphasizes reducing the load of
nutrients, including phosphorus, and sediments going into Beaver Lake.
In 2006, the Arkansas Department of Environmental Quality (ADEM) proposed to issue a
renewal National Pollutant Discharge Elimination System (NPDES) Permit for the City's
Paul R. Noland Wastewater Treatment Plant (the "Noland WWTP") that would allow
almost a doubling over time of the discharge of treated effluent into the White River,
from 6.0 million gallons per day (mgd) to 11.2 mgd. The Noland WWTP discharges into
the White River approximately six miles upstream of Beaver Lake. Concurrently,
ADEQ proposed a reduction in the NPDES Permit effluent discharge limitation for Total
Phosphorus from 1.0 milligram per liter (mg/1) to 0.5 mg/1 on a monthly average basis.
That meant that while the volume of treated effluent discharged to the White River could
almost double, the pounds of Total Phosphorus discharged would not increase.
The Noland WWTP had a demonstrated record of maintaining the Total Phosphorus
concentration in its treated effluent below 0.5 mg/1 on a monthly average basis.
Operating the WWTP to ensure compliance with a more stringent Total Phosphorus limit
in its NPDES Permit, however, would significantly increase the capital and operational
costs for marginal reduction. The City and BWD both recognized that significant
amounts of phosphorus in the Beaver Lake watershed come from nonpoint sources, and
that a more cost-effective approach to reducing nutrient loading to the Beaver Lake
watershed might be to reduce nonpoint source, rather than point source, pollution.
The City and BWD entered into an agreement for the protection of the Beaver Lake
watershed in March 2006 (hereinafter referred to as the "First Agreement"). The First
Agreement set forth a series of actions that would allow the Noland WWTP to keep a 1.0
mg/1 Total Phosphorus effluent discharge limit in its renewal NPDES Permit in exchange
for the City conducting a program to reduce nonpoint source loadings of ,phosphorus
within the Beaver Lake watershed. In essence, the First Agreement was based on the
City's and BWD's commitment to show reductions of phosphorus from nonpoint sources
sufficient to offset the increased phosphorus loading from the Noland WWTP that would
be allowed if the renewal permit provided for a discharge flow increase and kept the 1.0
mg/1 Total Phosphorus limit.
Page 1 of 4
In express recognition of the First Agreement, ADEQ issued the renewal NPDES Permit
for the Noland WWTP, effective June 1, 2006, with a Total Phosphorus limit of 1.0 mg/l.
In order to retain the monthly average Total Phosphorus limit of 1.0 mg/1 in the City's
subsequent renewal permit, the City and BWD entered into a second agreement for the
protection of the Beaver Lake watershed on December 18, 2012 (hereinafter referred to
as the "Second Agreement"). Thereafter, ADEQ issued the renewal NPDES Permit for
the Noland WWTP, with an effective date of March 1, 2013. Both the First and Second
Agreements provided, among other things, that the City would implement nonpoint
source reduction projects and would operate the Noland WWTP to achieve an effluent
discharge of Total Phosphorus that is at or below 0.5 mg/1 on an annual average basis and
that is no more than an average daily load of 46.7 pounds (lbs.) from July 1 to October 1
of each year.
On or about November 30, 2017, ADEQ revoked and reissued the NPDES Permit for the
Noland WWTP with an effective date of January 1, 2018 (hereinafter referred to as the
"2018 Permit"). The City and BWD believe that the actions taken under the First and
Second Agreements have been productive and that such actions should continue to
warrant the retention of the 1.0 mg/1 Total Phosphorus limit in order to produce better
environmental benefits to Beaver Lake. Therefore, the following actions and
commitments have been agreed to by the City and BWD:
1. The City will maintain the operation of the Noland WWTP to achieve an effluent
discharge of Total Phosphorus (TP) that is at or below 0.5 mg/1 on an annual
average basis.
2. The annual load of TP discharged to the White River will be no more than 9.49
tons.
3. The total load of TP discharged to the White River from July 1 to October 31 of
each year will be no more than 2.85 tons.
4. The average daily load of TP discharged to the White River from July 1 to
October 31 of each year will be no more than 46.7 lbs.
5. The maximum daily load of TP discharged to the White River from July 1 to
October 31 of each year will be no more than 93.4 lbs.
6. The City will report monthly to BWD the discharged loads and concentrations of
TP from the Noland WWTP.
7. The City will continue to review City codes and ordinances for opportunities to
improve nonpoint source controls.
8. The City will continue to evaluate the creation of a stormwater management
utility.
Page 2 of 4
9. The City will continue to implement nonpoint source reduction projects (such as
stream bank restorations, rain garden construction, and educational programs).
This will include the Lake Sequoyah sediment dredging project, which upon
completion will increase storage capacity in Lake Sequoyah and decrease
sediment and phosphorus loadings to the Beaver Lake watershed.
10. BWD will continue to implement its source water protection program (which
includes watershed and in -lake monitoring and modeling, public outreach and
education, and support for land conservation). This will include BWD's
participation in and support of the Watershed Conservation Resource Center's
West Fork White River Watershed Initiative. This project will reduce sediment
and phosphorus loadings to the Beaver Lake watershed by restoring unstable
streambanks, riparian areas, and associated wetlands. Also included will be
BWD's participation in and support of a University of Arkansas Cooperative
Extension Service program to train builders and developers on best practices to
reduce sediment runoff from construction sites.
11. BWD will continue to work with other entities within the Beaver Lake watershed
to implement the Beaver Watershed Alliance's (BWA's) current Beaver Lake
Watershed Protection Strategy. This will include support of BWA's Pond
Demonstration Research Project and its Pasture Renovation Program, which seek
to reduce sediment and nutrient transport from farms into the Beaver Lake
watershed.
12. Both BWD and the City will seek outside sources of funding to leverage their
respective expenditures on source water protection and nonpoint source reduction
projects.
13. The City and BWD will meet quarterly to coordinate and share plans for future
efforts and review progress made by both parties in achieving the goals of this
Third Agreement.
Both BWD and the City recognize that at certain times extreme environmental conditions
may make it impossible to meet some or all of the above actions and commitments.
Page 3 of 4
This Third Agreement shall be in effect upon signature by both the City and BWD and
shall remain in effect during the term of the 2018 Permit.
CITY OF FAYETTEVILLE,
ARKANSAS
Date
Page 4 of 4
BEAVER WATER
DISTRICT
Date
IF
Bill atkins
President
Board of Directors
#'*4tdok� _q;q16
!6
Woody B4(' sett
Secretary
Board of Directors
Sondra Smith
City Clerk
`t'.+1 T
Y OF ''.&
jl
I l1-0 l,o`y
i 11
Page 4 of 4
BEAVER WATER
DISTRICT
Date
IF
Bill atkins
President
Board of Directors
#'*4tdok� _q;q16
!6
Woody B4(' sett
Secretary
Board of Directors
Second Agreement between
Beaver Water District and the City of Fayetteville
for the Protection of the Beaver Lake Watershed
This Agreement is executed this 10- day of IfWoNb X , 2012 , between the
City of Fayetteville, Arkansas, and Beaver Water District. The parties agree as follows:
Beaver Lake is the sole source of drinking water for most of Northwest Arkansas. The
City of Fayetteville (the "City") and Beaver Water District (BWD) recognize that
protection of this water supply is of extreme importance. The City has for many years
taken a proactive role in minimizing the discharge of pollutants, especially phosphorus,
into both the Beaver Lake and the Illinois River watersheds. BWD also has implemented
a proactive source water protection program that emphasizes reducing the load of
nutrients, including phosphorus, and sediments going into Beaver Lake.
In 2006, the Arkansas Department of Environmental Quality (ADEQ) proposed to issue a
renewal National Pollutant Discharge Elimination System (NPDES) Permit for the City's
Paul R. Noland Wastewater Treatment Plant (the "Noland WWTP") that would allow
almost a doubling over time of the discharge of treated effluent into the White River
approximately six miles upstream of Beaver Lake. Concurrently, ADEQ proposed a
reduction in the NPDES Permit effluent discharge limitation for Total Phosphorus from
1.0 milligram per liter (mg/1) to 0.5 mg/l on a monthly average basis. That meant that
while the volume of treated effluent discharged to the White River could almost double,
the pounds of Total Phosphorus discharged would not increase.
The Noland WWTP had a demonstrated record of maintaining the Total Phosphorus
concentration in its treated effluent below 0.5 mg/l. Operating the WWTP to ensure
compliance with a more stringent Total Phosphorus limit in its NPDES Permit, however,
would increase the operational costs. The City and BWD both recognized that significant
amounts of phosphorus in the Beaver Lake watershed come from nonpoint sources, and
that a more cost-effective approach to reducing nutrient loading to the Beaver Lake
watershed might be to reduce nonpoint source, rather than point source, pollution.
The City and BWD entered into an agreement for the protection of the Beaver Lake
watershed in March 2006 (hereinafter referred to as the "First Agreement"). The First
Agreement set forth a series of actions that would allow the Noland WWTP to keep a 1.0
mg/l Total Phosphorus effluent discharge limit in its renewal NPDES Permit in exchange
for the City conducting a program to reduce nonpoint source loadings of phosphorus
within the Beaver Lake watershed. In essence, the First Agreement was based on the
City's and BWD's commitment to show reductions of phosphorus from nonpoint sources
sufficient to offset the increased phosphorus loading from the Noland WWTP that would
be allowed if the renewal permit provided for a discharge flow increase and kept the 1.0
mg/l Total Phosphorus limit. In express recognition of the First Agreement, ADEQ
issued the renewal NPDES Permit for the Noland WWTP, effective June 1, 2006
(hereinafter referred to as the "2006 Permit"), with a Total Phosphorus limit of 1.0 mg/l.
EXHIBIT
1 of 3
ADEQ currently is in the process of again renewing the NPDES Permit for the Noland
WWTP. The City and BWD believe that the actions taken under the First Agreement
have been productive and that, if continued as follows, they warrant the retention of the
1.0 mg/l Total Phosphorus limit in the next renewal NPDES Permit for the Noland
WWTP. Therefore, the following actions and commitments have been agreed to by the
City and BWD:
1. The City will maintain the operation of the Noland WWTP to achieve an effluent
discharge of Total Phosphorus (TP) that is at or below 0.5 mg/1 on an annual
average basis.
2. The annual load of TP discharged to the White River will be no more than 9.49
tons.
3. The total load of TP discharged to the White River from July 1 to October 31 of
each year will be no more than 2.85 tons.
4. The average daily load of TP discharged to the White River from July 1 to
October 31 of each year will be no more than 46.7 pounds (lbs).
5. The maximum daily load of TP discharged to the White River from July 1 to
October 31 of each year will be no more than 93.4 lbs. (1.0 mg/1 TP x 11.2
million gallons per day x 8.34 lbs per gallon).
6. The City will report monthly to BWD the discharged loads and concentrations of
TP from the Noland WWTP.
7. The City will continue to review City codes and ordinances for opportunities to
improve nonpoint source controls.
8. The City will continue to evaluate the creation of a stormwater management
utility.
9. The City will continue to implement nonpoint source reduction projects (such as
stream bank restorations, rain garden construction, and educational programs) at
levels consistent with the City's 2013 — 2017 Capital Improvement Plan.
10. BWD will continue to implement its source water protection program (which
includes watershed and in -lake monitoring and modeling, public outreach and
education, and support for land conservation) at levels consistent with BWD's
annual budget as approved by its Board of Directors.
11. BWD will continue to work with other entities within the Beaver Lake watershed
to implement the Beaver Watershed Alliance's May 2012 Revised Beaver Lake
Watershed Protection Strategy.
2of3
12. Both BWD and the City will seek outside sources of funding to leverage their
respective expenditures on source water protection and nonpoint source reduction
projects.
13. The City and BWD will meet quarterly to coordinate and share plans for future
efforts and review progress made by both parties in achieving the goals of this
Second Agreement.
Both BWD and the City recognize that at certain times extreme environmental conditions
may make it impossible to meet some or all of the above actions and commitments.
This Second Agreement shall be in effect upon signature by both the City and BWD and
shall remain in effect during the term of the renewal NPDES Permit that replaces the
2006 Permit.
CITY OF FAYETTEVILLE,
ARKANSAS
Sondra Smith, City Clerk
BEAVER WATER
DISTRICT
Date
Date
V
fIr,/i3
Bi Watkins
^ ; FAYEI EVILLE'�D=
3 of 3
President
Board of Directors
?�7 f3
Woody Ba4sett.
Secretary
Board of Directors
David Jurgens
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/18/2012
City Council Meeting Date
Agenda Items Only
Utilities
Division
Utilities
Department
Action Kequirea:
Approval of an agreement between the City of Fayetteville and Beaver Water District pertaining to protection of and
nutrient reduction in the Beaver Lake Watershed.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Finance and Internal Services Director
Program Category / Project Name
Program / Project Category Name
Water/Sewer
Fund Name
,?() Aj01j j'j Previous Ordinance or Resolution # 59-06
Date
Original Contract Date: 3/21/2006
Original Contract Number: N/A
Date
11.36 - 7.AIZ
-
Date
Received in iV 0-12 P 0 2: 12 R'U V D
Clerk's Office
3 I>—
Date
TE
Received in 3D 1
Mayor's Office
Date
Revised January 15, 2009
Z•
a yj� eANSA3�
To:
Thru:
From:
Date:
Subject
Fayetteville City Council
Mayor Lioneld Jordan
Don Marr, Chief of Staff
David Jurgens, Utilities Director
Water/Sewer Committee
November 29, 2012
CITY COUNCIL AGENDA MEMO
MEETING DATE OF DECEMBER 18, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
Agreement with the Beaver Water District Pertaining to Protection of and Nutrient Reduction in the
Beaver Lake Watershed
RECOMMENDATION
City Administration recommends approval of an agreement between the City of Fayetteville and Beaver Water
District (BWD) pertaining to protection of and nutrient reduction in the Beaver Lake Watershed.
BACKGROUND
Because it is the sole source of drinking water for Northwest Arkansas, the City and BWD recognize that protecting
the water quality in Beaver Lake is extremely important. Recognizing that there are both point and nonpoint nutrient
sources within the watershed, both parties agree that there are substantial opportunities to protect Beaver Lake
through nonpoint source pollution reduction projects. In 2006, the City and BWD entered into an agreement whereby
both parties committed to actions aimed at achieving a net reduction of the Total Phosphorus (TP) load into the
Lake. A few of the City's projects are below:
➢ Hired a consultant to develop a Nutrient Reduction Plan;
➢ Developed streambank protection and Low Impact Development ordinances;
➢ Maintained annual wastewater discharge phosphorus loadings to below 0.5 parts per million (ppm);
➢ Restored several river and stream banks; and
➢ Executed extensive public education.
The City's National Pollutant Discharge Elimination System (NPDES) discharge permit for the Noland Wastewater
Treatment Facility (WWTF) allows a 1.0 ppm TP discharge into the White River. When we added the West Side
WWTF, the total number of pounds we could discharge to the White River almost doubled, because our total
allowable discharge volume increased from 12.6 million gallons per day (mgd) to 21.2 mgd. BWD objected,
requesting the TP limit be reduced to 0.5 ppm, but withdrew their objections when we entered this shared agreement,
as the actions performed would create a much larger reduction of TP into the watershed than would the more
restrictive, and much more expensive, NPDES permit limit.
DT,SC IRRSION
The benefits — both financial and environmental — of the work performed relating to the first agreement are
substantial, and City Administration intends to continue these type efforts. The partnership between BWD and the
City further increased the benefits; many of these projects were joint efforts. As the City's NPDES discharge permit
is now being renewed, BWD also recognized the benefits, and requested the City enter a similar second agreement.
While significant progress has been made, many opportunities remain to reduce the nutrient loading to the White
River. This agreement is less restrictive than the 2006 agreement, but continues nonpoint source water quality
improvements as well as restricting the annual wastewater discharge phosphorus loadings to below 0.5 ppm.
BUDGETIMPACT
None. In this agreement, the City commits only to use funds as identified within the 2013 — 2017 Capital
Improvements Program.
BWD Nut Reduct Agmt CCMemo Nov 12
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT WITH BEAVER WATER
DISTRICT RELATED TO PROTECTION OF AND NUTRIENT REDUCTION
IN THE BEAVER LAKE WATERSHED
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an
agreement with Beaver Water District related to protection of and nutrient reduction in the
Beaver Lake Watershed. A copy of the agreement is attached to this Resolution as Exhibit "A",
and incorporated herein.
PASSED and APPROVED this 18'' day of December, 2012.
APPROVED:
ATTEST:
>3y:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
JJL�v W"
Second Agreement between �#
Beaver Water District and the City of Fayetteville
for the Protection of the Beaver Lake Watershed
This Agreement is executed this i 0 day of Q.i� , 20_1 00.., between the
City of Fayetteville, Arkansas, and Beaver Water District. The parties agree as follows:
Beaver Lake is the sole source of drinking water for most of Northwest Arkansas. The
City of Fayetteville (the "City") and Beaver Water District (BWD) recognize that
protection of this water supply is of extreme importance. The City has for many years
taken a proactive role in minimizing the discharge of pollutants, especially phosphorus,
into both the Beaver Lake and the Illinois River watersheds. BWD also has implemented
a proactive source water protection program that emphasizes reducing the load of
nutrients, including phosphorus, and sediments going into Beaver Lake.
In 2006, the Arkansas Department of Environmental Quality (ADEQ) proposed to issue a
renewal National Pollutant Discharge Elimination System (NPDES) Permit for the City's
Paul R. Noland Wastewater Treatment Plant (the "Noland WWTP") that would allow
almost a doubling over time of the discharge of treated effluent into the White River
approximately six miles upstream of Beaver Lake. Concurrently, ADEQ proposed a
reduction in the NPDES Permit effluent discharge limitation for Total Phosphorus from
1.0 milligram per liter (mg/1) to 0.5 mg/l on a monthly average basis. That meant that
while the volume of treated effluent discharged to the White River could almost double,
the pounds of Total Phosphorus discharged would not increase.
The Noland WWTP had a demonstrated record of maintaining the Total Phosphorus
concentration in its treated effluent below 0.5 mg/l. Operating the WWTP to ensure
compliance with a more stringent Total Phosphorus limit in its NPDES Permit, however,
would increase the operational costs. The City and BWD both recognized that significant
amounts of phosphorus in the Beaver Lake watershed come from nonpoint sources, and
that a more cost-effective approach to reducing nutrient loading to the Beaver Lake
watershed might be to reduce nonpoint source, rather than point source, pollution.
The City and BWD entered into an agreement for the protection of the Beaver Lake
watershed in March 2006 (hereinafter referred to as the "First Agreement"). The First
Agreement set forth a series of actions that would allow the Noland WWTP to keep a 1.0
mg/l Total Phosphorus effluent discharge limit in its renewal NPDES Permit in exchange
for the City conducting a program to reduce nonpoint source loadings of phosphorus
within the Beaver Lake watershed. In essence, the First Agreement was based on the
City's and BWD's commitment to show reductions of phosphorus from nonpoint sources
sufficient to offset the increased phosphorus loading from the Noland WWTP that would
be allowed if the renewal permit provided for a discharge flow increase and kept the 1.0
mg/l Total Phosphorus limit. In express recognition of the First Agreement, ADEQ
issued the renewal NPDES Permit for the Noland WWTP, effective June 1, 2006
(hereinafter referred to as the "2006 Permit"), with a Total Phosphorus limit of 1.0 mg/1.
EXHIBIT
1 of 3 � ���
ADEQ currently is in the process of again renewing the NPDES Permit for the Noland
WWTP. The City and BWD believe that the actions taken under the First Agreement
have been productive and that, if continued as follows, they warrant the retention of the
1.0 mg/1 Total Phosphorus limit in the next renewal NPDES Permit for the Noland
WWTP. Therefore, the following actions and commitments have been agreed to by the
City and BWD:
1. The City will maintain the operation of the Noland WWTP to achieve an effluent
discharge of Total Phosphorus (TP) that is at or below 0.5 mg/l on an annual
average basis.
2. The annual load of TP discharged to the White River will be no more than 9.49
tons.
3. The total load of TP discharged to the White River from July 1 to October 31 of
each year will be no more than 2.85 tons.
4. The average daily load of TP discharged to the White River from July 1 to
October 31 of each year will be no more than 46.7 pounds (lbs).
5. The maximum daily load of TP discharged to the White River from July 1 to
October 31 of each year will be no more than 93.4 lbs. (1.0 mg/l TP x 11.2
million gallons per day x 8.34 lbs per gallon).
6. The City will report monthly to BWD the discharged loads and concentrations of
TP from the Noland WWTP.
7. The City will continue to review City codes and ordinances for opportunities to
improve nonpoint source controls.
8. The City will continue to evaluate the creation of a stormwater management
utility.
9. The City will continue to implement nonpoint source reduction projects (such as
stream bank restorations, rain garden construction, and educational programs) at
levels consistent with the City's 2013 — 2017 Capital Improvement Plan.
10. BWD will continue to implement its source water protection program (which
includes watershed and in -lake monitoring and modeling, public outreach and
education, and support for land conservation) at levels consistent with BWD's
annual budget as approved by its Board of Directors.
11. BWD will continue to work with other entities within the Beaver Lake watershed
to implement the Beaver Watershed Alliance's May 2012 Revised Beaver Lake
Watershed Protection Strategy.
2of3
12. Both BWD and the City will seek outside sources of funding to leverage their
respective expenditures on source water protection and nonpoint source reduction
projects.
13. The City and BWD will meet quarterly to coordinate and share plans for future
efforts and review progress made by both parties in achieving the goals of this
Second Agreement.
Both BWD and the City recognize that at certain times extreme environmental conditions
may make it impossible to meet some or all of the above actions and commitments.
This Second Agreement shall be in effect upon signature by both the City and BWD and
shall remain in effect during the term of the renewal NPDES Permit that replaces the
2006 Permit.
CITY OF FAYETTEVILLE, BEAVER WATER
ARKANSAS DISTRICT
Date
Lioneld Jordan, Mayor
Sondra Smith, City Clerk
3 of 3
President
Board of Directors
Secretary
Board of Directors
Date
RESOLUTION NO. 59-06
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE AND THE
BEAVER WATER DISTRICT FOR PROTECTION OF
THE BEAVER LAKE WATERSHED,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an Agreement between the City of Fayetteville and the Beaver
Water District for protection of the Beaver Lake watershed. A copy of the
Agreement, marked Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 21St day of March, 2006.
ATTEST:
By: QmZ�4j
SONDRA SMITH, City Clerk
t�Tt1 III IT 1 Il►,,r
r= S, . •,�j�C Y pec • �,p
wy �• •�-;3
FAYETTEVILLE:
ZZ • •�
ftTotA
Agreement between
Beaver Water District and the City of Fayetteville
for the
Protection of the Beaver Lake Watershed
The City of Fayetteville (the City), and Beaver Water District (BWD) both recognize that
protection of the region's water supply is of extreme importance to Northwest Arkansas.
The purpose of this agreement is to achieve a net reduction of the load of Total
Phosphorus (TP) into Beaver Lake. The City has for several years taken a proactive role
in minimizing discharge of pollutants, especially phosphorus, into both the White and the
Illinois Rivers. Because it is the sole source of drinking water for all of Northwest
Arkansas, the City recognizes that the quality of water in this resource must be protected.
Also recognizing the need to protect the source water for the region, BWD has
implemented a proactive source water protection program emphasizing reduction of the
load of nutrients and sediments into the Lake. Recognizing that there are both point
sources and nonpoint sources within the watershed both parties agree that there are
substantial opportunities to protect Beaver Lake through nonpoint source pollution
reduction projects.
The City of Fayetteville has proposed modifications to the Noland Wastewater Treatment
Plant. These :modifications will result in a doubling over time of the discharge of treated
effluent into the White River, a tributary of Beaver Lake. Because of concerns over
increases in nutrient loading into Beaver Lake the Arkansas Department of
Environmental Quality has proposed a discharge limit for total phosphorus on the City's
NPDES Permit of 0.5 mg/l, a reduction from the City's current limit of 1 mg/l.
Recognizing that the City .has a track record of maintaining the concentration of treated
effluent below 0.5 mg/1 and that the more stringent limit of 0.5 mg/I would cause
significant additional costs to the city, BWD and the City have proposed a series of
actions that will allow the City to maintain its current NPDES discharge limit of l mg/I
TP in exchange for the City conducting a program to reduce nonpoint source loadings of
TP within the watershed. In essence, the agreement is based on the City's and BWD's
commit vent to show reductions of TP from nonpoint sources sufficient to offset the
increased loading from the treatment plant allowed by the more liberal NPDES limit.
In order to accomplish the stated objective, the following actions have been agreed to by
both parties.
Both parties have agreed that the hiring of a nationally recognized consultant for
the express purpose of preparing a nutrient reduction plan for the city will be the
first task to be accomplished within 180 days of the effective date of this
agreement. The nutrient reduction plan will evaluate sources of phosphorus
within the Beaver Lake watershed and the City of Fayetteville including both
point -and nonpoint sources. The plan will then identify actions that may be taken
to reduce the TP load from nonpoint sources, the potential TP load reductions
from those actions, and methods for documenting that the reduction is achieved
through modeling or monitoring. Finally, the plan will evaluate the potential of
successfully meeting the stated goal of this agreement on watershed protection
through nonpoint source TP management. The consultant contract will be the
responsibility of the City. A representative of Beaver Water District will be
appointed to serve on the City's selection committee for the consultant.
• The City will optimize operation of the Noland Treatment Plant to achieve
effluent discharge at or below 0.5 mg/l TP on an annual average.
• The allowable annual load of TP discharged to the White River should be no more
than 9.49 tons.
• The allow load of TP from July 1 — October 31 of each year wil I be no more than
2.85 tons.
• The average daily load of TP from July 1 — October 31 will be no more than 46.7
lbs. The maximum daily load of TP from the plant during the July 1 — October 31
period will be no more than 93.4 lbs (11.2 MGD*1mg/1*8.34 lbs/gal).
• The City, in concert with its consultant, will review city codes and ordinances for
opportunities to improve nonpoint source controls. Examples of revisions that
may be possible are requiring dedication of FEMA floodway as riparian buffer
easement, encouraging use of riparian areas in fulfillment of greenspace
requirements, requiring storm-water treatment facilities, and requiring pervious
pavement in critical areas.
• The City will report monthly to BWD the discharged loads of TP from the Noland
Treatment Plant.
• The City initially agrees to use $200,000 per year for implementing nonpoint
source reduction projects. This figure will be renegotiated after completion of the
consultants report on potential actions and reductions.
• No less than seventy-five percent of the funds expended toward this agreement
will be new funding or existing funding modified to address nonpoint source TP
reduction. "In-kind" contributions will not be counted toward the total, unless
those contributions directly address nonpoint source TP reduction and are above
and beyond current activities of the City.
• :Both parties are encouraged to seek other sources of funding to leverage the
expenditures made in implementing this agreement.
• BWD is currently expending in excess of $200,000 annually in its watershed
;protection program through watershed and in-lake monitoring and modeling,
,public awareness, information/education, land acquisition, and policy
development. BWD will continue to fund its source water protection program at a
minimum of the current level for the life of this agreement.
• BWD will formally request the City create a stormwater management utility
under existing state law. Said stormwater utility shall put in place a fee-based
system that will be used as appropriate to fund projects to reduce nonpoint source
pollution within the city.
• BWD will continue to work with other jurisdictions within the Beaver Lake
watershed with the intent of implementing a watershed wide comprehensive
source water protection plan. The City and BWD will meet quarterly to review
progress made by both parties in achieving the goals of this agreement.
Both parties recognize that, at certain times extreme environmental conditions will make
it impossible to meet some or all of the agreements stipulated in the agreement.
This agreement shall be in effect for a period of five years from the effective*date of the
agreement.
While it is not the intent of this document to specify actions that are to be taken in
fulfillment of the agreement, the following are examples of projects that may be
undertaken:
• Secure developmental control of riparian buffers in the City along the White
River and tributaries. Such control may be through conservation easements or fee
simple ownership.
• Restoration of degraded stream reaches within the City of Fayetteville area in the
White River watershed.
■ Protection of native wetlands within the City of Fayetteville located within the
White River watershed.
• Upgrade storm -water facilities in existing developments with post development
practices including storm -water retrofits and elimination of illicit discharges.
• Require repair of failing septic systems or connection to publicly owned treatment
works when legally accessible.
• Sponsoring group specific information/education programs for homeowners,
commercial property owners, engineers, contractors, developers, builders,
landscape contractors etc. on reduction of nonpoint source pollution with an
emphasis on nutrient control. 1__1
Dan olidy: Dat
May r, City of Fayette
- U
Sondra Smith:
4), '0' � ,
a
City Clerk, City of Faye t7,), Ile
�G •1� Y
• s
=U•
_ . FAYEf` EVILLE #.
Date
�. z % Cl- 006
Secretary, Beaver Water
District Board
J -4S
City Council Meeting of March 21, 2006 3/ai10
Sq—D0
CITY COUNCIL AGENDA MEMO R.... or
To: Fayetteville City Council 11�
Thru: Mayor Dan Coody
Fayetteville Sewer Committee
From: David 3urgens, Water and Wastewater Director„
Date: March 8, 2006
Subject: Approval of an agreement between the City of Fayetteville and :Beaver Water District
pertaining to protection of and nutrient reduction in the Beaver Lake Watershed.
RECOMMENDATION
Fayetteville City Administration recommends approval of an agreement between the City of
Fayetteville and Beaver Water District (BWD) pertaining to protection of and nutrient reduction in the
Beaver Lake Watershed.
BACKGROUND
Because it is the sole source of drinking water for all of Northwest Arkansas, the City and BWD
recognize that protecting the water quality in Beaver Lake is extremely important. The purpose of this
agreement is to achieve a net reduction of the load of Total Phosphorus (TP) into the Lake. The City
has for several years taken a proactive role in minimizing the discharge of pollutants, especially
phosphorus, into both the White and the Illinois Rivers. BWD has implemented a proactive source
water protection program emphasizing reducing the nutrient and sediment loads. Recognizing that
there are both point and nonpoint sources within the watershed, both parties agree that there are
substantial opportunities to protect Beaver Lake through nonpoint source pollution reduction projects.
DISCUSSION
The modifications underway to the City's wastewater system could result, over time, in a doubling of
the discharge of treated effluent into the White River. Due to concerns over the potential increases in
nutrient loading into Beaver Lake, the Arkansas Department of Environmental Quality has proposed
reducing the City's NPDES Permit discharge limit for TP from 1.0 to 0.5 mg/l. Recognizing the City
has a track record of maintaining the concentration of treated effluent below 0.5 mg/l, and that the
more stringent limit of 0.5 mg/1 would cause significant additional costs to the City while providing
minimal benefits to water quality, this agreement proposes a series of actions that will allow the City to
maintain its current NPDES discharge limit of 1 mg/l TP in exchange for partnering with BWD to
reduce nonpoint sources of TP within the watershed. In essence, the agreement demonstrates the
City's and BWD's commitment to show reductions of TP from nonpoint sources sufficient to offset the
increased loading from the treatment plant allowed by the more liberal NPDES limit.
BUDGET IMPACT
The agreement commits the City to use $200,000 per year for implementing nonpoint source reduction
projects, 75% of which will be new funding or existing funding modified to address nonpoint source
TP reduction. Any expenditures under this agreement will be subject to the City's normal purchasing
approval process. The first year's expenditures are recommended to be made under the WSIP budget;
following years expenditures shall be included in the stonnwater program budget.
13WU Agreennent CCMcmoMar06.doc
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF FAYETTEVILLE AND THE BEAVER WATER DISTRICT
FOR PROTECTION OF THE BEAVER LAKE WATERSHED.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an Agreement between the City of Fayetteville and tea er,
Water District for protection of the Beaver Lake watershed. AEheelrle
of the
Agreement, marked Exhibit "A," is attached hereto and ma�e��t
PASSED and APPROVED this 21St day of
ODY, Mayor
RA
From: Clarice Pearman
To: Jurgens, David
Date: 3.24.06 2:04PM
Subject: Beaver Water District
David,
I don't have a signed agreement from the Beaver Water District. Please let me know when I might expect
one.
Thanks.
Clarice
JO
Agreement between
Beaver Water District and the City of Fayetteville �J'r
for the
Protection of the Beaver Lake Watershed
The City of Fayetteville (the City), and Beaver Water District (BWD) both recognize that
protection of the region's water supply is of extreme importance to Northwest Arkansas.
The purpose of this agreement is to achieve a net reduction of the load of Total
Phosphorus (TP) into Beaver Lake. The City has for several years taken a proactive role
in minimizing discharge of pollutants, especially phosphorus, into both the White and the
Illinois Rivers. Because it is the sole source of drinking water for all of Northwest
Arkansas, the City recognizes that the quality of water in this resource must be protected.
Also recognizing the need to protect the source water for the region, BWD has
implemented a proactive source water protection program emphasizing reduction of the
load of nutrients and sediments into the Lake. Recognizing that there are both'point
sources and nonpoint sources within the watershed both parties agree that there are
substantial opportunities to protect Beaver Lake through nonpoint source pollution
reduction projects.
The City of Fayetteville has proposed modifications to the Noland Wastewater Treatment
Plant. These modifications will result in a doubling over time of the discharge of treated
effluent into the White River, a tributary of Beaver Lake. Because of concerns over
increases in nutrient loading into Beaver Lake the Arkansas Department of
Environmental Quality has proposed a discharge limit for total phosphorus on the City's
NPDES Permit of 0.5 mg/l, a reduction from the City's current limit of 1 mg/1.
Recognizing that the City has a track record of maintaining the concentration of treated
effluent below 0.5 mg/1 and that the more stringent limit of 0.5 mg/1 would cause
significant additional costs to the city, BWD and the City have proposed a series of
actions that will allow the City to maintain its current NPDES discharge limit of 1 mg/1
TP in exchange for the City conducting a program to reduce nonpoint source loadings of
TP within the watershed. In essence, the agreement is based on the City's and BWD's
commitment to show reductions of TP from nonpoint sources sufficient to offset the
increased loading from the treatment plant allowed by the more liberal NPDES limit.
In order to accomplish the stated objective, the following actions have been agreed to by
both parties.
Both parties have agreed that the hiring of a nationally recognized consultant for
the express purpose of preparing a nutrient reduction plan for the city will be the
first task to be accomplished within 180 days of the effective date of this
agreement. The nutrient reduction plan will evaluate sources of phosphorus
within the Beaver Lake watershed and the City of Fayetteville including both
point and nonpoint sources. The plan will then identify actions that may be taken
to reduce the TP load from nonpoint sources, the potential TP load reductions
from those actions, and methods for documenting that the reduction is achieved
through modeling or monitoring. Finally, the plan will evaluate the potential of
successfully meeting the stated goal of this agreement on watershed protection
through nonpoint source TP management. The consultant contract will be the
responsibility of the City. A representative of Beaver Water District will be
appointed to serve on the City's selection committee for the consultant.
• The City will optimize operation of the Noland Treatment Plant to achieve
effluent discharge at or below 0.5 mg/l TP on an annual average.
• The allowable annual load of TP discharged to the White River should be no more
than 9.13 tons.
• The allow load of TP from July 1 — October 31 of each year will be no more than
2.85 tons.
• The average daily load of TP from July 1 — October 31 will be no more than 46.7
lbs. The maximum daily load of TP from the plant during the July 1 — October 31
period will be no more than 93.4 lbs (11.2 MGD* lmg/l* 8.34 lbs/gal).
• The City, in concert with its consultant, will review city codes and ordinances for
opportunities to improve nonpoint source controls. Examples of revisions that
may be possible are requiring dedication of FEMA floodway as riparian buffer
easement, encouraging use of riparian areas in fulfillment of greenspace
requirements, requiring storm -water treatment facilities, and requiring pervious
pavement in critical areas.
• The City will report monthly to BWD the discharged loads of TP from the Noland
Treatment Plant.
• The City initially agrees to use $200,000 per year for implementing nonpoint
source reduction projects. This figure will be renegotiated after completion of the
consultants report on potential actions and reductions.
• No less than seventy-five percent of the funds expended toward this agreement
will be new funding or existing funding modified to address nonpoint source TP
reduction. "In-kind" contributions will not be counted toward the total, unless
those contributions directly address nonpoint source TP reduction and are above
and beyond current activities of the City.
• Both parties are encouraged to seek other sources of funding to leverage the
expenditures made in implementing this agreement.
• BWD is currently expending in excess of $200,000 annually in its watershed
protection program through watershed and in -lake monitoring and modeling,
public awareness, information/education, land acquisition, and policy
development. BWD will continue to fund its source water protection program at a
minimum of the current level for the life of this agreement.
• BWD will formally request the City create a stormwater management utility
under existing state law. Said stormwater utility shall put in place a fee-based
system that will be used as appropriate to fund projects to reduce nonpoint source
pollution within the city.
• BWD will continue to work with other jurisdictions within the Beaver Lake
watershed with the intent of implementing a watershed wide comprehensive
source water protection plan. The City and BWD will meet quarterly to review
progress made by both parties in achieving the goals of this agreement.
Both parties recognize that, at certain times extreme environmental conditions will make
it impossible to meet some or all of the agreements stipulated in the agreement.
This agreement shall be in effect for a period of five years from the effective date of the
agreement.
While it is not the intent of this document to specify actions that are to be taken in
fulfillment of the agreement, the following are examples of projects that may be
undertaken:
* Secure developmental control of riparian buffers in the City along the White
River and tributaries. Such control may be through conservation easements or fee
simple ownership.
* Restoration of degraded stream reaches within the City of Fayetteville area in the
White River watershed.
* Protection of native wetlands within the City of Fayetteville located within the
White River watershed.
* Upgrade storm -water facilities in existing developments with post development
practices including storm -water retrofits and elimination of illicit discharges.
* Require repair of failing septic systems or connection to publicly owned treatment
works when legally accessible.
* Sponsoring group specific information/education programs for homeowners,
commercial property owners, engineers, contractors, developers, builders,
landscape contractors etc. on reduction of nonpoint source pollution with an
emphasis on nutrient control.
Dan Coody:
Mayor, City of Fayetteville
Sondra Smith:
City Clerk, City of Fayetteville
Date John Lewis:
President, Beaver Water
District Board
David Short:
Secretary, Beaver Water
District Board
Date
Agreement between
Beaver Water District and the City of Fayetteville
for the
Protection of the Beaver Lake Watershed
The City of Fayetteville (the City), and Beaver Water District (BWD) both recognize that
protection of the region's water supply is of extreme importance to Northwest Arkansas.
The purpose of this agreement is to achieve a net reduction of the load of Total
Phosphorus (TP) into Beaver Lake. The City has for several years taken a proactive role
in minimizing discharge of pollutants, especially phosphorus, into both the White and the
Illinois Rivers. Because it is the sole source of drinking water for all of Northwest
Arkansas, the City recognizes that the quality of water in this resource must be protected.
Also recognizing the need to protect the source water for the.region, BWD has
implemented a proactive source water protection program emphasizing reduction of the
load of nutrients and sediments into the Lake. Recognizing that there are both point
sources and nonpoint sources within the watershed both parties agree that there are
substantial opportunities to protect Beaver Lake through nonpoint source pollution
reduction projects.
The City of Fayetteville has proposed modifications to the Noland Wastewater Treatment
Plant. These modifications will result in a doubling over time of the discharge of treated
effluent into the White River, a tributary of Beaver Lake. Because of concerns over
increases in nutrient loading into Beaver Lake the Arkansas Department of
Environmental Quality has proposed a discharge limit for total phosphorus on the City's
NPDES Permit of 0.5 mg/l, a reduction from the City's current limit of 1 mg/l.
Recognizing that the City has a track record of maintaining the concentration of treated
effluent below 0.5 mg/l and that the more stringent limit of 0.5 mg/l would cause
significant additional costs to the city, BWD and the City have proposed a series of
actions that will allow the City to maintain its current NPDES discharge limit of 1 mg/l
TP in exchange for the City conducting a program to reduce nonpoint source loadings of
TP within the watershed. In essence, the agreement is based on the City's and BWD's
commitment to show reductions of TP from nonpoint sources sufficient to offset the
increased loading from the treatment plant allowed by the more liberal NPDES limit.
In order to accomplish the stated objective, the following actions have been agreed to by
both parties.
Both parties have agreed that the hiring of a nationally recognized consultant for
the express purpose of preparing a nutrient reduction plan for the city will be the
first task to be accomplished within 180 days of the effective date of this
agreement. The nutrient reduction plan will evaluate sources of phosphorus
within the Beaver Lake watershed and the City of Fayetteville including both
point and nonpoint sources. The plan will then identify actions that may be taken
to reduce the TP load from nonpoint sources, the potential TP load reductions
from those actions, and methods for documenting that the reduction is achieved
through modeling or monitoring. Finally, the plan will evaluate the potential of
F
successfully meeting the stated goal of this agreement on watershed protection
through nonpoint source TP management. The consultant contract will be the
responsibility of the City. A representative of Beaver Water District will be
appointed to serve on the City's selection committee for the consultant.
• The City will optimize operation of the Noland Treatment Plant to achieve
effluent discharge at or below 0.5 mg/I TP on an annual average.
• The allowable annual load of TP discharged to the White River should be no more
than 9.49 tons.
• The allow load of TP from July 1 — October 31 of each year will be no more than
2.85 tons.
• The average daily load of TP from July 1 — October 31 will be no more than 46.7
lbs. The maximum daily load of TP from the plant during the July 1 — October 31
period will be no more than 93.4 lbs (11.2 MGD* Img/1*8.34 lbs/gal).
• The City, in concert with its consultant, will review city codes and ordinances for
opportunities to improve nonpoint source controls. Examples of revisions that
may be possible are requiring dedication of FEMA floodway as riparian buffer
easement, encouraging use of riparian areas in ful fillment of greenspace
requirements, requiring storm -water treatment facilities, and requiring pervious
pavement in critical areas.
• The City will report monthly to BWD the discharged loads of TP from the Noland
Treatment Plant.
• The City initially agrees to use $200,000 per year for implementing nonpoint
source reduction projects. This figure will be renegotiated after completion of the
consultants report on potential actions and reductions.
• No less than seventy-five percent of the funds expended toward this agreement
will be new funding or existing funding modified to address nonpoint source TP
reduction. "In-kind" contributions will not be counted toward the total, unless
those contributions directly address nonpoint source TP reduction and are above
and beyond current activities of the City.
• Both parties are encouraged to seek other sources of funding to leverage the
expenditures made in implementing this agreement.
• BWD is currently expending in excess of $200,000 annually in its watershed
protection program through watershed and in-Iake monitoring and modeling,
public awareness, information/education, land acquisition, and policy
development. BWD will continue to fund its source water protection program at a
minimum of the current level for the life of this agreement.
• BWD will formally request the City create a stormwater management utility
under existing state law. Said stormwater utility shall put in place a fee-based
system that will be used as appropriate to fund projects to reduce nonpoint source
pollution within the city.
• BWD will continue to work with other jurisdictions within the Beaver Lake
watershed with the intent of implementing a watershed wide comprehensive
source water protection plan. The City and BWD will meet quarterly to review
progress made by both parties in achieving the goals of this agreement.
Both parties recognize that, at certain times extreme environmental conditions will make
it impossible to meet some or all of the agreements stipulated in the agreement.
This agreement shall be in effect for a period of five years from the effective date of the
agreement.
While it is not the intent of this document to specify actions that are to be taken in
fulfillment of the agreement, the following are examples of projects that may be
undertaken:
• Secure developmental control of riparian buffers in the City along the White
River and tributaries. Such control may be through conservation easements or fee
simple ownership.
• Restoration of degraded stream reaches within the City of Fayetteville area in the
White River watershed.
• Protection of native wetlands within the City of Fayetteville located within the
White River watershed.
• Upgrade storm -water facilities in existing developments with post development
practices including storm -water retrofits and elimination of illicit discharges.
• Require repair of failing septic systems or connection to publicly owned treatment
works when legally accessible.
Sponsoring group specific information/education programs for homeowners,
commercial property owners, engineers, contractors, developers, builders,
landscape contractors etc. on reduction of nonpoi.nt source pollution with an
emphasis on nutrient control.
Sondra Smith:
City Clerk, City of Fayetteville
s';1t11 �TR� ''.
,•rI\ Y C3F •'P'-
Ca •
MYET TE1+'!L'LE ;
o�
Date
2 Q6
Jata
David Short:
Secretary, Beaver Water
District Board
Date
3Z 7ZOv6
David Jurgens
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
21 -Mar -06
City Council Meeting Date
Water/Wastewater
Division
Action Required:
Water/Wastewater
Department
Approval of an agreement between the City of Fayetteville and Beaver Water District pertaining to protection of and
nutrient reduction in the Beaver Lake Watershed.
$200,000.00
Cost of this request
4480-9480-5315.00
Account Number
02133-0001
Project Number
Budgeted Item XX
$ 105,920,694.00
Category/Project Bud et .
$ 101,151,046.20
Funds Used to Dale
$ 4,769,647.80
Remaining Balance
Budget Adjustment Attached Q
M
Finance and Internal Service Director bate
Mayor
3".
Date
Wastewater System Imp Project
Program Cate o / Project Name
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's hffic.
CN D
L
b,
Received in Mayor's Office
UMO
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
NIA Mayors Approval
City Council Meeting Date
Engineering
Division
Operations
Department
Action Required:
A Contract with the U.S. Geological Survey in the amount of $19,640.00 for the operation and maintenance of 3
rainfall -runoff stations located at Town Branch at Business Route 62, Town Branch Tributary at Highway 16, and
Mud Creek at Township Street in the City of Fayetteville for the 2009 calendar year.
$19,640.00
Cost of this request
4470-9470-5817.00
Account Number
02097
Project Number
Budgeted Item XX
708,731
Category / Project Budget
$ 230,820
Funds Used to Date
$ 477,911
Remaining Balance
Budget Adjustment Attached l�.J
Department Di ector Date
Mayor
Drainage/Phase 2 Stormwater Mgmt
Program Category / Project Name
Bridge and Drainage Improvements
Program / Project Category Name
Capital Improvement Const
Fund Name
Previous Ordinance or Resolution # 59-06
Original Contract Date: N/A
Original Contract Number N/A
Received in City Clerk's Office
Received in Mayor's Office
t23
City Attorney
Date
`&, I a- ,
2.-23-d F
.
Finance and Internal Service Director
Date
Mayor
Drainage/Phase 2 Stormwater Mgmt
Program Category / Project Name
Bridge and Drainage Improvements
Program / Project Category Name
Capital Improvement Const
Fund Name
Previous Ordinance or Resolution # 59-06
Original Contract Date: N/A
Original Contract Number N/A
Received in City Clerk's Office
Received in Mayor's Office
t23
Ile
City of Fayetteville
Engineering Division
%Iwv 1
113 west Mountain
Fayetteville, AR 72701
ph: 479-575-3206 aye
A R K A N S AS fax: 479-575-8202
Date: December 22, 2008
To: Dan Coody, Mayor
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer Vi
Subject: Request for Mayor's approval to continue the joint funding agreement
with the USGS for $19,640 (City's share) for the operation and maintenance of three
urban stream gauging stations in Fayetteville for the year 2009.
RECOMMENDATION:
Staff recommends approval of the joint funding agreement for 2009.
BACKGROUND:
Since 1998, the City of Fayetteville has participated in a joint funding agreement with the
USGS for three urban stream gauging'stations. This agreement consists of a cost -share
for maintenance and data collection for rainfall and runoff recording stations located at:
Mud Creek Tributary at Township (in Gulley Park)
Town Branch at State Highway 62
Town Branch at State Highway 16 (in Walker Park)
DISCUSSION:
The attached agreement is for the 2009 calendar year, and requires payment of $19,640 by
the City and $7,705 by the USGS.
The USGS collects rainfall and runoff data at these three sites, and provides this
information to the City. In addition to providing urban rainfall and streamflow data for
future drainage studies, these gauges also provide valuable information for the EPA Phase
2 NPDES stormwater monitoring requirements.
BUDGET IMPACT:
Funding in the amount of $19,640 is available in the .Drainage/Phase 2 Stonnwater
Management Budget. This contract will be paid from those funds.
ATTACHMENTS:
Staff Review Form
Letter from USGS dated 12-11-2008
USGS Joint Funding Agreement
December 11, 2008
Mr. Ron Petrie, City Engineer
City of Fayetteville
125 West Mountain
Fayetteville, Arkansas 72701
(479) 575-8206
Dear Mr. Petrie:
Enclosed is a Joint Funding Agreement (JFA) for operation and maintenance of 3
rainfall -runoff stations located at Town Branch at Business Route 62, Town Branch
Tributary at Highway 16, and Mud Creek at Township Street in the City of Fayetteville
for the 2009 calendar year. Please sign the original agreement and return it to us.
Work performed with funds from this agreement will be conducted on a fixed-price basis
and billed annually. We acknowledge Mary Alice, (479) 575-8206, to be the
administrative contact for this project. Our billing contact. is Suzanne Abernathy (501)
228-3603.
The results of all work under this agreement will be available for publication by the U.S.
Geological Survey.
We look forward to continuing to work with you in these hydrologic data -collection
efforts. If you have any questions, please contact Jaysson Funkhouser at (501) 228-3663.
Sincerely,
G 2u`
' -
John E. Terry
Director
Enclosures
JEF:rkc
United States Department of the Interior
p
U.S. GEOLOGICAL SURVEY
Arkansas Water Science Center
'BCH .s'$
401 Hardin Road
a
Little Rock, Arkansas 72211
Telephone: (501) 228-3600
Fax: (501) 228-3601
DUNS: 949284129
December 11, 2008
Mr. Ron Petrie, City Engineer
City of Fayetteville
125 West Mountain
Fayetteville, Arkansas 72701
(479) 575-8206
Dear Mr. Petrie:
Enclosed is a Joint Funding Agreement (JFA) for operation and maintenance of 3
rainfall -runoff stations located at Town Branch at Business Route 62, Town Branch
Tributary at Highway 16, and Mud Creek at Township Street in the City of Fayetteville
for the 2009 calendar year. Please sign the original agreement and return it to us.
Work performed with funds from this agreement will be conducted on a fixed-price basis
and billed annually. We acknowledge Mary Alice, (479) 575-8206, to be the
administrative contact for this project. Our billing contact. is Suzanne Abernathy (501)
228-3603.
The results of all work under this agreement will be available for publication by the U.S.
Geological Survey.
We look forward to continuing to work with you in these hydrologic data -collection
efforts. If you have any questions, please contact Jaysson Funkhouser at (501) 228-3663.
Sincerely,
G 2u`
' -
John E. Terry
Director
Enclosures
JEF:rkc
.,.
!F .
.� ,.. ., tY..a .. r.
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iy
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i
Form 9-1366 U.S. Department of the interior
customer 9:
P�e.1 oft
(Oct. 2005) U.S. Geological Survey
Agreement 0:
AR02s
AR026 028AR0300
Joint Funding Agreement
Project#:
TIN #:
718018462
Flxed Cost
r Yes F7 No
Agreement
FOR
Water Resources Investigations
THIS AGREEMENT is entered into as of the 11th day of December, 2008, by the U,S, GEOLOGICAL
SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF
FAYETTEVILLE, party of the second part.
1. The parties hereto agree that subject to availability of appropriations and in accordance with their
respective authorities there shall be maintained in cooperation for operation and maintenance of 3
rainfall -runoff stations located at Town Branch at Busdiness Route 62, Town Branch Tributary at Highway
16, and Mud Creek at Township Street in the City. of Fayetteville , herein called the program. The USGS
legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical
work directly related to this program. 2(b) includes In -Kind Services in the amount of $.
by the party of the first -part during the period
(a) $7,705 January 1, 2009 to December 31, 2009
by the party of the second part during the period
(b) $19,640 January 1, 2009 to December 31, 2009
(c) Additional or reduced amounts by each party during the above period or succeeding periods as
may be determined by mutual agreement and set forth in an exchange of letters between the
parties.
(d) The performance period may be changed by mutual agreement and set forth in an exchange of
letters between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations
respectively governing each party.
4. The field and analytical wort( pertaining to this program shall be under the direction of or subject to
periodic review by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties
hereto or their authorized representatives. The methods employed in the field and office shall be those
adopted by the party of the first part to insure the required standards of accuracy subject to modification
by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program
shall be open to the inspection of the other party, and if the wont is not being carried on in a mutually
satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other
party.
7. The original records resulting from this program will be deposited in the office of origin of those records.
Upon request, copies of the original records will be provided to the office of the other party.
Form 9-1366
continued
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
Page 2 of 2
Customer #: AR026
Agreement #: 09C4AR026AR0300
Project #
TIN #: 71-6016462
The maps, records, or reports resulting from this program shall be made available to the public as
promptly as possible. The maps, records, or reports normally will be published by the party of the first part.
However, the party of the second part reserves the right to publish the results of this program and, if
already published by the party of the first part shall, upon request, be furnished by the party of the first
part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy
was prepared. The maps, records, or reports published by either party shall contain a statement of the
cooperative relations between the parties.
9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form 0I-1040). Billing
documents are to be rendered annual!y. Payments of bills are due within 60 days after the billing date. If
not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or
portion thereof, that the payment Is delayed beyond the due date. (31 USC 3717; Comptroller General File
B-212222, August 23, 1983).
U.S. Geological Survey
United States
Department of the Interior
USGS Point of Contact
I'dams:
Jo ,;, IL--. Terry, Director
Address:
USGS Arkansas Water Science Center
401 Hardin Road
Little Rock, AR 72211
Telephone:
(501) 228-3613
Email:
jeterry@usgs.gov
Sl�na�tures
By Date
Nam John E. Teny
Titi Director, USGS fi Water Science
Center
By Date
Name:
Title:
CITY OF FAYETTEVILLE
Customer Point of Contact
Name:
Dan Coody, Mayor
Address:
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Telephone:
(479) 575-8330
Email:
dcoody@ci.fayetteville.ar.us
By_
Name:
Title:
By
Name:
Title:
Sondra Smith
City Clerk/Treasurer
By Dale By Date
Name: - Name:
Title: Title:
Y �0'e •.
;FAYETTEVILLE;
jitC7 t}N ;0101
Page 1 of 1
Clarice Pearman - U.S. Geological Survey
From: Clarice Pearman
To: Petrie, Ron
Date: 12.31.08 3:20 PM
Subject: U.S. Geological Survey
CC: Audit
Attachments: Audit
Ron:
Attached is a copy of your staff review item regarding the above referenced company. I am forwarding to you the
original signed agreement for the U.S. Department of the Interior. Please let me now if there is anything else needed for this
item. Have a safe holiday. Happy New Yearl
Clarice
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