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ITEM 3.1_attach 2DARKENWALD CORPORATION 4 DARKENWALD C O R P O R A T I O N OTSEGO, MINNESOTA PLANNED UNIT DEVELOPMENT (PUD) CONCEPT PLAN AMENDMENT RIVERBEND NORTH May 23, 2017 Project Narrative L A N D F O R M From Site to Finish INTRODUCTION On behalf of Darkenwald Corporation, Landform is pleased to submit this application for an amendment to the PUD Zoning District and Concept Plan for the Riverbend North Project. The 13.1 -acre site is located at the southeast quadrant of TH 101 and CSAH 42 (River Road.) The new PUD Concept Plan, as did the previous plan, shows a mixture of apartments and commercial uses for the site. We are excited about the improvements proposed for this site. The primary existing use on the site is mini -storage, outside storage, and a private wastewater treatment facility (WWTF) serving the Riverbend Mobile Home Park, located to the south of the site. In the past, ponds associated with the WWTF were located in the northern portion of the site. They were removed. The southwest portion of the site includes an open storage area used primarily by residents of the mobile home park. BACKGROUND, 2014 PUD In 2014, the City of Otsego approved a Zoning Map Amendment rezoning the site from B-3 District to PUD District. (See Exhibit 1, Ordinance 2014-11, adopted September 22, 2014.) The PUD Concept Plan considered in the application showed two commercial sites in the northern part of the site abutting River Road (2.20 acres and 2.45 acres) and two sites for apartments and storage (3.70 and 4.00 acres) on the remainder of the property. The concept plan did not specify the intensity (number of units, density or square feet) of the proposed uses. The plan shows a new private drive with a full access intersection on River Road, connecting through the property to the Riverbend Mobile Home Park to the south. Another right -in, right -out access point was shown to the north of the intersection on River Road, to allow a secondary access to the northern commercial site. The plan also showed a private road access to the site through the Riverbend Mobile Home Park near the Park's entrance on River Road. Otsego's Comprehensive Plan designated this site for commercial land uses in 2004, in anticipation of the site having access and visibility from TH 101 at the intersection with CSAH 42 (River Road.) Since then, TH 101 was improved to freeway status and the interchange with CSAH 42 (River Road) was built. Grades were altered so that TH 101 is substantially higher in elevation than the site, and a sound wall was constructed along the east side of the road. The sound wall partially obscures visibility of this site from TH 101, particularly for north bound traffic. In approving the 2014 PUD, the City found that the changes in conditions warranted consideration of allowing multiple family dwelling units as part of the development. The proposed residential uses would be the least visible from TH 101, would create a desirable transition between the existing Riverbend Mobile Home Park and planned commercial uses, and would also provide market support for the commercial uses. DAC16001 L A N D F O R M May 23, 2017 Project Narrative 2 Since the 2014 PUD approval, the owner has continued to evaluate the best use of the site. There was an existing ponding area at the southeast corner of the site that required further study. The pond was found to be man-made. A wetland evaluation for the entire site found no wetlands requiring preservation. To meet lender requirements, the owner found it necessary to separate the WWTF from the Riverbend Mobile Home Park property. In 2017, a Common Interest Community (CIC) plat was recorded with Wright County. (See Exhibit 2, attached.) (This type of property division is commonly used for condominium developments.) The CIC plat shows a common private driveway through the central portion of the site, with three separate parcels, one of which (Unit 1) includes the WWTF. The common drive extends to the mobile home park parcel, to preserve the option for a future connection. The Riverbend North site is in separate ownership from the parcel to the south, which includes the Riverbend Mobile Home Park and the existing office building. BACKGROUND, WASTEWATER TREATMENT FACILITY (WWTF) The existing WWTF facility on the site was built in 1972 to serve the Riverbend Mobile Home Park as well as future development of the adjoining property. It is an extended aeration package plant with aerobic digestion, chlorine disinfection, and dechlorination. The design maximum flow capacity is 90,000 gpd (gallons per day). It is permitted by the Minnesota Pollution Control Agency (MPCA) to discharge 60,000 gpd on a calendar month average. Average daily flow is approximately 20,000 gpd with a maximum daily flow of approximately 31,000 gpd. With the addition of approximately 170 apartments and the proposed mini -storage facility, average daily flow would increase to approximately 37,000 gpd. The MPCA permit is reissued every five years, most recently in 2016. In 2015, the facility received a certificate of commendation for compliance with its discharge permit. The owner commissioned a study of the WWTP to determine the best options for continued sewer service to the Riverbend Mobile Home Park and extending service to the proposed new development on the Riverbend North site. The report from Donohue & Associates, Inc. (Exhibit 5, attached) evaluates the following options: 1) Using the existing WWTP as is to serve Riverbend and the proposed development; 2) upgrading and extending the useful life of the existing WWTP to accommodate the proposed flows and loadings; 3) constructing a new WWTP for the same purpose; or 4) connecting to the City of Otsego sanitary sewer system. The analysis concluded that the owner should use the existing WWTP as is, and rehabilitate it over the next 5-15 years. On April 24, 2017, the City Otsego adopted Ordinance 2017-05, Amending the Zoning Ordinance to Establish Provisions Related to Waste Water Treatment Facilities. The ordinance amends Section 20-90 of the Zoning Ordinance, the INS, Institutional District, to list "Waste Water Treatment Facilities permitted by the Minnesota Pollution Control Agency" as allowed by Conditional Use Permit (CUP). The ordinance established several criteria for CUPs, including a minimum 75 -foot setback from property lines and public DAC16001 L A N D F O R M May 23, 2017 Project Narrative 3 rights-of-way, screening, fencing and a 15 -acre minimum lot size. The ordinance applies to municipal waste water treatment facilities and one privately -owned facility, the existing Riverbend WWTF. The owner was informed of the new ordinance after it was adopted. The existing WWTF is not listed as an allowed use in the 2014 PUD District, and does not meet many of the criteria in the new 2017 ordinance. City staff has indicated that the ordinance makes the existing WWTF a legal non -conforming use. Per Section 20-15 of the Otsego Zoning Ordinance, the facility may continue as it exists. A non -conforming structure or use lawfully existing when the ordinance was adopted may not be enlarged or reconstructed, but may be continued at the size and in the manner of operation. Normal maintenance, repairs and incidental alterations which do not physically extend or intensify the non -conforming use or structure are permitted. CONCEPT PLAN Exhibit 4, attached is the Proposed PUD Concept Plan, which would replace the plan reviewed and approved by the City in 2014. Land Uses The concept plan includes the following uses: Riverbend North PUD Concept Plan Apartments Building Footprint 54,000 sq. ft. Units 192 Parking Stalls Surface Stalls 397 Garage Stalls 48 Tuck -Under Stalls 47 Total Parking Stalls 492 Mini -Storage Building Footprint 31,400 sq. ft. Units 97 Existing Wastewater Treatment Facility 3,000 sq. ft. Retail (FUTURE) Building Footprint 5,000 sq. ft. A comparison with the 2014 PUD Concept Plan is not possible, as the plan did not include information about the intensity of the proposed land uses. The apartment building occupies approximately the western half of the site. The apartments are designed so that they could be built in two phases. Parking is provided with a combination of surface stalls, free- standing garage stalls, and tuck -under stalls on the first level of the building. DAC16001 L A N D F O R M May 23, 2017 Project Narrative 4 The plan show a mini -storage facility in the area adjacent to River Road. Storage units would be rented to occupants of the adjacent mobile home park and of the future apartments, and potentially to other community residents. This requires an amendment to the 2014 PUD District text, which specifies self - storage as an allowable use "accessory to uses within the PUD District and abutting Riverbend Mobile Home Park." We note that the identity of storage -unit renters is not material to the potential land use impacts of the facility and that enforcement would be difficult. The restriction places an unreasonable burden on the successful operation and financing of this part of the project. Because of the large supply of commercial land in the Highway 101 corridor, the isolation of this site from other commercial locations, and its lack of visibility from Highway 101, it is not now a prime location for office or retail uses. The mini -storage facility is a low -intensity commercial use that will be compatible with, and provide a service that will be utilized by, the surrounding residential uses. If and when the market warrants, perhaps in 20 to 30 years, the mini -storage could be redeveloped for a more intense commercial use. The existing WWTF facility would be flanked by and screened by the mini -storage buildings. The WWTF is completely contained within the existing structure. Access and any parking needed for service vehicles would be accommodated within the mini -storage facility. Lastly, the plan shows the building footprint for a future commercial site at the north end of the project. If the market supports it, this 5,000 sq. ft. structure could house convenience retail uses to serve the surrounding residential area. Roadway Access The concept plan shows all uses taking access from a private drive from River Road, at the same location shown on the 2014 plan. The only exception is a right -in, right -out driveway shown at the north end of the retail site, which was also included in the 2014 plan. The private drive, and some of the parking spaces, would be located in the CIC common area parcel, which extends to the boundary of the Riverbend Mobile Home Park property. No access would be provided to the Riverbend Mobile Home Park, although the concept sketch shows how it could be connected in the future. The owner requested an evaluation from Spack Consulting concerning the potential traffic impacts of the revised PUD Concept Plan. (Please see Exhibit 6, Forecasted Trip Generation Table and Traffic Signal Warrant Analysis, attached.) The apartments and mini -storage uses shown on the plan would generate approximately 1,358 new local trips, including 97 new trips in the AM peak hour and 126 new trips in the PM peak hour. The proposed private drive will be adequate for these traffic volumes. The intersection with River Road will not meet warrants for a traffic signal and should function well with a stop sign on the DAC16001 L A N D F O R M May 23, 2017 Project Narrative 5 private drive. It is understood that a full traffic study will be required when a PUD Development Stage Plan is submitted. Utilities The existing wastewater treatment facility (WWTF) has sufficient capacity to serve the proposed Riverbend North project, without any physical changes to the plant. Private service lines will be constructed within the site, in easements meeting city requirements. The equipment upgrades needed in the next 5 to 15 years recommended in the Donohue report would be contained within the existing structure. With this application, we request that the existing WWTP be listed as an allowed use in the PUD Zoning District as long as it continues to be permitted by the MPCA. The City has indicated its desire that all new development connect to the City's public wastewater treatment system, and that the private WWTF eventually be phased out. The Donohue study found that continued use of the existing WWTF is the preferred alternative, after comparing capital and operation costs with the cost of connecting to the City system. The alternatives were evaluated based on 2017 dollars and rates. Should the owner and the City negotiate the rates, or identify an alternative source of financing for the cost of connecting to the City system, this evaluation could change. One possible source of financing is Tax Increment Financing (TIF.) In May 2015, the City received a preliminary report from its public finance consultants (Ehlers) indicating that a Housing TIF district could be used to assist with development costs (including utilities) for an apartment project on this site. We propose that the new uses connect to the City of Otsego public water supply. While the City has a requirement that users of its water system also connect to the public wastewater system, we propose an exception be made, the same as when the Riverbend Mobile Home Park was connected to the city water system. CRITERIA FOR ZONING AMENDMENTS Section 20-3-21 of the Otsego Zoning Ordinance requires that the Planning Commission and City Council consider the following criteria when evaluating proposed amendments. Our response to each of the criteria follows each item: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. The City made the following finding when approving the PUD zoning district: The Comprehensive Plan includes the policy to cluster complementary land uses and activities into functionally related sub -units of the community as determined by physical barriers, homogenous land use characteristics and service area boundaries. The proposed master plan for the subject site reflects the physical characteristics of the site relative to TH 101 and CSAH 42, provides in-place residential support for planned commercial uses and provides a desirable land DAC16001 L A N D F O R M May 23, 2017 Project Narrative 6 use transition from Riverbend Mobile Home Park. The proposed PUD District is therefore consistent with the provisions of the Comprehensive Plan. As noted in 2014, the site has physical barriers to visibility from TH101. Visibility to traffic using the CSAH 42 interchange is also poor, due to the curvature of the road. This site is isolated from the other planned and existing commercial uses in the TH101 corridor. The large supply of more desirable commercial sites in the corridor suggests that the demand for high intensity retail or office uses for this site may be limited. The commercial uses proposed by the PUD concept plan (mini storage and a future retail building) would offer goods and services for the residents of the existing residential uses in the immediate area. 2. The proposed use's compatibility with present and future land uses of the area. The City made the following finding when approving the PUD zoning district: The subject site abuts the Riverbend Mobile Home Park to the south and is separated from existing two and one-half acre single family lots to the east by CSAH 42. The uses anticipated by the proposed master plan will be compatible with present and future land uses in the area. In addition to the transitions described above, we note that the layout of uses within in the PUD (low- rise buildings adjacent to River Road, and the taller apartment buildings nearer TH101) contributes to good transitions to the adjacent mobile home park to the south and the single family residential uses to the east. Within the PUD, the mini -storage use is compatible with retention of the existing wastewater treatment facility (WWTF). The mini -storage structures would screen the WWTF building. While there have been no nuisance complaints arising from the WWTF, the mini -storage facility will be a very compatible use because it is unoccupied most of the time. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. The City made the following finding when approving the PUD zoning district: Development of the subject site will require future applications for PUD Development Stage Plan, preliminary plat and final plat approval and compliance with the requirements of the Zoning Ordinance and Subdivision Ordinance. A future application for PUD Development Stage approval is expected. Because no land division is anticipated, platting may not be necessary. PUD flexibility will be needed to allow for the presence of the non -conforming WWTF structure. Such flexibility is appropriate in this case. The recent ordinance changes appear to include setbacks and other standards suitable for large-scale WWTF (where capacity can be measured in millions of gallons per day) but not for this small-scale, 60,000 -gallon per day facility with no history of nuisance odor complaints. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. The City made the following finding when approving the PUD zoning district: DAC16001 L A N D F O R M May 23, 2017 Project Narrative 7 The subject site is accessed via CSAH 42, which is designated as a minor arterial roadway by the Transportation Plan and Northeast Wright County Transportation Plan. CSAH 42 has adequate design capacity to accommodate traffic generated by the land uses shown on the master plan. The preliminary estimate of traffic impacts of the revised PUD Concept Plan indicates that the proposed private drive will be adequate for the projected traffic volumes. The intersection with River Road will not meet warrants for a traffic signal and should function well with a stop sign on the private drive. It is understood that a full traffic study will be required when a PUD Development Stage Plan is submitted. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. The City made the following finding when approving the PUD zoning district: The subject site is within the East Sewer District where the City anticipates development of urban land uses connected to municipal utilities and provided needed municipal services. The City has existing public services and facilities needed to serve the land uses planned by the master plan. Adequate public services and facilities are available. We propose to lessen the burden on public wastewater facilities by utilizing the capacity available in the existing WWTF. SUMMARY We respectfully request approval of an Amendment to Ordinance 2014-11 Establishing a PUD, Planned Unit Development District for Riverbend North, specifically: • Revise Section 4. Sub -districts, to permit self -storage facilities as an allowed Commercial use in the PUD District, removing the restriction that they are permitted only as accessory to residential uses; • Revise Section 4, Sub -districts, to allow existing wastewater treatment facilities permitted by the MPCA as an allowed Commercial use within the PUD District; and • Delete Section 9. Utilities, which requires that all development in the PUD to be connected to municipal sanitary sewer and water, which would allow the use of the existing WWTF. We also request approval of the revised PUD Concept Plan for Riverbend North, and look forward to submitting a Development Stage PUD Application for the project. CONTACT INFORMATION This document was prepared by: Anne Hurlburt, Planning Lead Landform 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 DAC16001 L A N D F O R M May 23, 2017 Project Narrative 8 Any additional questions regarding this application can be directed to Darren Lazan at dlazanCo)landform.net or 612-638-0250. Exhibits: 1. Ordinance 2014-11/ 2014 PUD Concept Plan 2. CIC Plat, Riverbend North 3. Existing Conditions Exhibit 4. Concept Plan Exhibit 5. Wastewater Treatment Plan Evaluation, Donohue & Associates, Inc. 6. Forecasted Trip Generation and Traffic Signal Warrant Analysis DAC16001 L A N D F O R M May 23, 2017 Project Narrative 9 Exhibit 1 ORDINANCE NO.: 201411 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR RIVERBEND NORTH. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Legal Description. The legal description of the property included in the PUD District shall be as follows: INSERT LEGAL DESCRIPTION Section 2. Zoning Map Amendment. The property is hereby rezoned from B-3, General Business District to PUD, Planned Unit Development District subject to the terms and conditions set forth herein. Section 3. Riverbend North Planned Unit Development District. Any allowed uses and standards not specifically addressed by the Riverbend North Planned Unit Development District shall be subject to the requirements set forth by the Otsego Zoning Ordinance understanding that subsequent, more specifically detailed, PUD Development Stage Plans may seek modification of the standards and requirements established by the Zoning Ordinance by City Council approval provided that the proposed flexibility is shown to be consistent with the goals and objectives of the City of Otsego Comprehensive Plan and complies with the fundamental principals for the requirements established by the Zoning Ordinance, even without their strict application. Section 4. Sub -districts. For the purposes of this PUD District, the following sub -districts shall be established with their boundaries generally following the Master Plan attached as Exhibit A: A. Commercial B. High Density . Section 5. Allowed Uses. The allowed uses within this PUD District shall include the following base entitlements: 1 PUD Concept Plan Amendment Riverbend North 1 May 23, 2017 DAC16001 Exhibit 1 A. Commercial. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the B-3 District shall be allowed within this sub -district subject to approval of a Development Stage Plan in accordance with the Zoning Ordinance. B. High Density. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the R-7 District shall be allowed within this sub -district subject to approval of a Development Stage Plan in accordance with the Zoning Ordinance and also: 1. Self -storage facilities accessory to uses within the PUD District and abutting Riverbend Mobile Home Park. Section 6. Lot Requirements. Lot requirements for the various sub - districts of this PUD District shall be as established follows: A. Commercial. All lot requirements and setbacks required within the B-3 District shall be applicable within this sub -district unless modified by approval of a Development Stage Plan in accordance ( with the Zoning Ordinance. B. High Density. All lot requirements and setbacks required within the R-7 District shall be applicable within this sub -district unless modified by approval of a Development Stage Plan in accordance with the Zoning Ordinance, Section 7. Construction Standards. The construction of structures within this PUD District shall conform to the requirements of the Zoning Ordinance, unless modified by approval of a Development Stage Plan in accordance with the Zoning Ordinance, Section 8. Off -Street Parking and Loading. Off-street parking and loading areas required by the Zoning Ordinance shall conform to the requirements of the Zoning Ordinance, unless modified by approval of a Development Stage Plan in accordance with the Zoning Ordinance. Section 9. Utilities. All development within this PUD District shall be connected to municipal sanitary sewer and water utilities in accordance with Chapter 6, Section 1 of the City Code. 2 PUD Concept Plan Amendment Riverbend North 2 May 23, 2017 DAC16001 Exhibit 1 Section 10. Future Phases and Amendments. Approval of PUD Development Stage Plans, modifications of the performance standards established by this PUD District and the inclusion of additional lands within this PUD District shall be processed in accordance with requirements of the Zoning Ordinance. Section 11. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid amendment, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 11. This Ordinance shall be effective upon its passage and publication in accordance with State Statute. ADOPTED by the City Council of the City of Otsego this aD- day of September, 2014. CITY OF OTSEGO BY: J sica L. Stockamp, Mayor ATTEST BY: �,'h— Tami Loff, City Clerk 3 PUD Concept Plan Amendment Riverbend North 3 May 23, 2017 DAC16001 kT- SSOCIATESI RIGHT N/RIGHT OUT CCESSPOINT 3 " COMMERCIA u O 2.20 Acus Z FULL ACCESS i INTERSECTION - STORM JI POND I I I I W COMMERCIAL 2.45 ACRO a 9° j' STORM POND PARTMENTS A[ STORAGE 3.70 ACRES PARTMENTS- STORAGE 4.00 Acus EXISTING MOBILE HOME PARK OFFICE To REMAIN MODIFY EXISTING ENTRANCE To B RIGHT IN/RIGHT OUT ONLY - i STORM � I d 1 EXTEND PRIVATE DRIVE - I To EXISTING MOBILE HOME PARK ROADWAYS 1 GENERAL NOTES: Low DENSITY A& PARK PONDING SHOWN IS CONCEPTUAL. DETAILED GRADING DESIGN AND STORMWATER CALCULATIONS MEDIUM DENSITY 1 FEATURE HAVE NOT BEEN PERFORMED AT THIS TIME. ACREAGES ASSUME PRIVATE ROADWAY. ACREAGES ARE MEASURED TO CENTERLINE OF PROPOSED ROADWAY. ROADWAY ACCESS TO EXISTING MOBILE HOME PARK REQUIRES ELIMINATION OF AT LEAST ONE UNIT w `� E MAIN ACCESS LOCATED AT LEAST 1 8TH MILE FROM HIGHWAY 101 INTERSECTION AND ASSUMES NEW " T To TURN LANES AND OTHER IMPROVfA1ENTS MAYBE REQUIRED. 1 .k4-AST, k�l ® •RTH = OTSEGO. a 3 M OR1VE a J s a \, A � ` •2. is w 3 M OR1VE a J s :� II •2. is J FW„ R, ECO W 0� a �g off$ F -'±z F99 o l� oda OR giOv :� II •2. is �g off$ F -'±z F99 o l� oda OR giOv �H ��� ldmH� i . T� • 8 • Q N •• Z • � Q Y � a <� d' Z F � – - — _ – �-- Iml LdmHE z w a ,I: 6 ti N O O O ��•Y �7 �T Na' J Q Z LL � Z 0 U p N W w my J a.Ni Q dNZ �� Ul OZ\ 1Q -.Q 1Q- V OF F ZNF QV O 6 fV m6V NU Z mt'N1 • 8 • Q N •• Z • � Q Y � a <� d' Z F � – - — _ – �-- Iml LdmHE z w a Technical Memorandum No. 1 DARKENWALD CORPORATION WASTEWATER TREATMENT PLANT EVALUATION D D O N O H U E Date: May 22, 2017 To: Darkenwald Corporation Copy: Dennis Martenson, Donohue & Associates, Inc.; Paul Christensen, People Service Inc. From: Tim Korby, Donohue & Associates, Inc. Re: Wastewater Treatment Plant Evaluation Project Description Darkenwald Corporation (Owner) currently owns and operates a 90,000 gpd wastewater treatment plant (WWTP) that serves approximately 200 mobile home units within the Riverbend Community located in Otsego, Minnesota. The average daily flow is approximately 20,000 gpd with a maximum daily flow of approximately 31,000 gpd. The Owner is proposing to add an additional 170 apartment units to the west end of the Riverbend property and treat the wastewater under their existing NPDES permit. The purpose of this memo is to perform an economic and non -economic evaluation of options for wastewater treatment including: 1) do nothing ; 2) upgrading and extending the useful life of the existing WWTP to accommodate the proposed flows and loadings; 3) constructing a new WWTP forthe same purpose; or4) connecting to the City of Otsego sanitary sewer system. n � u Riverbend WWTP � AlbMville , OPremliirn Wllefs M-l'e irp 91 c_ Figure 1— Project Location Wastewater Treatment Plant Evaluation Technical Memorandum No. 1 Darkenwald Corporation May 23, 2017 Existing Conditions The current WWTP was constructed in 1972 and is an extended aeration package plant with aerobic digestion, chlorine disinfection, and dechlorination. The system has been capable of treating the current flows and loading and meeting the NPDES permit limits as summarized in Table 1. The 2016 NPDES Permit issued by the Minnesota Pollution Control Agency is included as Attachment A to this report. The design maximum flow capacity of the existing WWTP is 90,000 gpd, based on original specifications included in Attachment B. The WWTP is permitted to discharge 60,000 gpd on a calendar month average. Sludge from the aerobic digester is pumped and hauled from the facility on a monthly basis and operation and maintenance activities are contracted out to a private company. Effluent from the facility passes through a dechlorination basin and is discharged through a 10 -inch gravity pipe that expands to a 24 -inch gravity pipe that discharges to the Upper Mississippi River. The drainage easement of the WWTP discharge is documented in Attachment C. A summary of the Discharge Monitoring Report data from 2014 to 2016 is included in Attachment D. It is also useful to note that there are no MPCA setback restrictions from the WWTP to the existing or proposed development. Table 1— Existing WWTP Performance Parameter Influent cBOD 312 mg/I Effluent 6.8 mg/I (Permit Requirement) (25 mg/I, monthly avg) Total Phosphorus 10.5 mg/I 6.0 mg/I* (290 kg/yr, 12 -mo avg) Fecal Coliform N/A <200 MPN (200 MPN, monthly avg) TSS 320 mg/I 6.0 mg/I (30 mg/l, monthly avg) *166 kg/yr The WWTP has several major components needing replacement or rehabilitation in the next 10 to 15 years. Components of the existing WWTP that have been recently replaced include one blower and the addition of a dechlorination basin. Proposed Conditions With the proposed development of 170 apartment units to be served by the existing WWTP, the future average daily flow is expected to increase to 37,000 gpd, with peak daily flows of approximately 89,000 gpd. The influent wastewater would be consistent with typical residential and light commercial wastewater characteristics and current conditions. It is expected that the current WWTP would be able to meet the NPDES permit requirements under the proposed condition, but may require some phosphorus removal technology to meet the new total phosphorus effluent mass limit summarized in the 2016 permit. For the purposes of this memo, the cost for additional phosphorus removal will not be included in the alternatives analysis. Furthermore, additional detail on the wastewater contributions from the final development, including any proposed commercial development to meet the desire of the city of Otsego for such development, would be required. This information would be used during the final design and implementation of any alternative to determine the capability of the existing WWTP to handle the total proposed flow and wastewater composition and to determine if any pre-treatment of wastewater discharged may be required to accommodate any significant users. Donohue Project No.: 13230 2 Donohue & Associates, Inc. Wastewater Treatment Plant Evaluation Technical Memorandum No. 1 Darkenwald Corporation May 23, 2017 Alternative Analysis The following sections summarize each alternative and the associated estimated costs. Do Nothing Based on the specifications of the existing WWTP, review of the current NPDES permit, and historical plant performance, the existing WWTP is suitable to treat the proposed wastewater flow and loading at this time. Existing equipment that we believe will require replacement in the next 5 to 10 years includes the comminutor, one blower, and six 3 -inch RAS/WAS valves. These minimal improvements will allow for improved plant performance and reduced operational expenses and are typical for any wastewater treatment plant. Rehabilitate Existing WWTP The existing WWTP has been in service for 45 years. It is anticipated that much of the current equipment and infrastructure will require replacement or rehabilitation over the next 10 to 15 years to extend the service life of the facility. However, the existing facility has performed extremely well and has sufficient design capacity to accommodate the proposed conditions. In order to extend the useful life of the facility for an additional 40 years, the following upgrades are recommended: • Line the existing steel tanks with a corrosion barrier • Replace the comminutor • Replace the blowers • Replace six 3 -inch RAS/WAS valves • Upgrade the disinfection method from chlorination to ultraviolet (UV) disinfection • Provide water service to the WWTP for lab space and maintenance purposes • Provide a concrete floor in the WWTP to improve maintenance access • Upgrade lighting to improve maintenance and operation safety (optional) As previously stated, the facility may require additional treatment to improve phosphorus removal. Chemical removal of phosphorus would be the proposed method of additional treatment, if needed, and provide the lowest capital cost compared to filtration. The costs for rehabilitating the existing WWTP to accommodate the proposed conditions and extend the service life of the existing facility are summarized in Table 2. Table 2 — Rehabilitate Existing WWTP: Summary of Estimated Costs Component Ei Tank Lining • 105,000 .. 40 years Comminutor 45,000 20 years Blowers 75,000 20 Years Misc. Valves 10,000 20 Years UV Disinfection 30,000 20 Years Water Service 5,000 40 Years Misc. Building Improvements 25,000 40 Years Temporary Bypass/Hauling 50,000 N/A Donohue Project No.: 13230 3 Donohue & Associates, Inc. Wastewater Treatment Plant Evaluation Technical Memorandum No. 1 Darkenwald Corporation May 23, 2017 During rehabilitation of the existing WWTP, wastewater will need to bypass various stages of treatment to accommodate tank lining or be hauled to another WWTP for processing. A detailed cost estimate breakdown for these improvements is included in Appendix 1. The total estimated cost for rehabilitating the existing WWTP is $579,600. Replace Existing WWTP with New Package Plant Given the proposed future flows and loadings, along with the success of the current package plant at providing exceptional wastewater treatment, similar package plants were evaluated for replacement of the existing facility. Based on the most comprehensive and cost-effective proposal, the proposed new package plant would provide an in-line comminutor, aeration chamber, clarifier, aerobic digester/sludge holding chamber, UV disinfection, corrosion prevention, and controls. Additional work not included in the package plant proposal would include electrical connections, plumbing, foundations, lighting, and site work. A preliminary cost proposal for completing the site work and installation of a comparable package plant was obtained from a reputable and licensed contractor as part of this evaluation. Detailed proposals and cost estimates for the package plant and site work are included in Attachments E and F, respectively. The new package plant would utilize the existing drainage easement and discharge point and operate under a similar discharge permit as revised under MPCA requirements. The costs for replacing the existing WWTP with a new package plant that will accommodate the proposed conditions and provide 40 years of service life are summarized in Table 3. Table 3 — New Package Plant: Summary of Estimated Costs A detailed cost estimate breakdown for these improvements is included in Appendix 2. The total estimated cost for a new package plant is $868,560. Connect to City of Otsego Sanitary Sewer Another option to dispose of the wastewater generated from the Riverbend Community and proposed expansion is to discharge it to the City of Otsego sanitary sewer. This option was evaluated on an economic basis in a draft report prepared by AE2S dated October 5, 2016 under the direction of the City and is included as Attachment G. The AE2S report estimates the cost to connect to the Otsego sanitary sewer based on the total flow compared to a Residential Equivalent Connections (REC) factor. Based on the projected average daily flow of the proposed conditions and the REC factor cited in the AE2S report, the revised calculated connection cost is $1,956,138, as summarized in Table 4. Table 4 — Revised City Connection Cost Example Donohue Project No.: 13230 4 Donohue & Associates, Inc. Wastewater Treatment Plant Evaluation Technical Memorandum No. 1 Darkenwald Corporation May 23, 2017 Similarly, the revised annual wastewater treatment cost is estimated to be $79,455.93, as summarized in Table 5. Note that the rates and fee structures cited may not be current, but are offered as a comparison to the figures cited in the AE2S report. Table 5 — Revised City Wastewater Treatment Cost Example Operation & Maintenance Expenses The complete operation and maintenance expenses of the existing facility, including biosolids handling and disposal, is included in Attachment H. The total annual O&M expenses for the existing facility is approximately $75,000. Given the proposed flows and loading, the only operation and maintenance activities that would expect a significant cost increase are biosolids handling and disposal and electrical costs. In contrast, given the updates to the existing facility or a new package facility, it may be expected that some O&M expenses are reduced due to newer equipment, improved performance, and ease of operation. Based on a conservative assumption of a 40% increase in overall O&M expenses, the projected annual O&M expenses under the proposed conditions for either a rehabilitated existing facility or a new package plant may be approximately $105,000. It is also recommended that the Owner considerthe need for a replacement fund to rehabilitate or replace equipment that does not typically have a service life of 40 years. Based on the summary in Table 2, this would require approximately $160,000 saved over 40 years, or $4,000 per year. Adding this to the annual 0&M expenses results in an annual operational cost of $109,000. Summary & Recommendation Based on the alternatives evaluated, available information, and assumptions, it is recommended that the Owner pursue the option of "Do Nothing' to accommodate the proposed conditions since it represents the lowest cost option. This option represents typical 0&M costs for a facility of this age, but given the exceptional performance of the WWTP to date, there is no immediate need for significant upgrades or modification of the existing unit processes. Acknowledging that the current WWTP will require more significant rehabilitation to achieve an additional 40 years of service life at some point in the future, Table 6 summarizes the comparison of rehabilitating the existing WWTP and connecting to the City of Otsego sanitary sewer. Rehabilitating the existing WWTP is summarized as the capital construction cost plus the annual 0&M and replacement fund expenditures. Connection to the City is summarized as a one-time connection fee plus annual sanitary utility billing. The simple payback period for connection to the City is 46.6 years, or 6.6 years greater than the projected service life of the rehabilitated WWTP. Note that all alternatives have been evaluated based on 2017 dollars and rates, with no assumptions for inflation, future energy prices, labor costs, or biosolids collection or disposal fees. This analysis does not account for any additional expansion of the Riverbend Community beyond the proposed 170 additional residential units and City rates and charges are based on those cited by AE2S. Donohue Project No.: 13230 5 Donohue & Associates, Inc. Wastewater Treatment Plant Evaluation Technical Memorandum No. 1 Darkenwald Corporation May 23, 2017 Table 6 — Alternative Analysis Comparison Summary Description Rehab Existing WWTP Connect to City Difference Capital Cost $579,600 $1,956,138 $1,376,538 Annual Operational Cost $109,000 $79,456 -$29,544 Payback Period, Years 46.6 Appendices Appendix 1— Rehabilitation of Existing WWTP, Cost Estimate Breakdown Appendix 2 — New Package Plant, Cost Estimate Breakdown Attachments A-2016 NPDES Permit B — Existing WWTP Specifications C— Existing Drainage Easement D — Existing WWTP DMR Data, 2014-2017 E — New Package Plant Equipment Proposal F — New Package Plant Site Work & Installation Proposal G — AE2S Report: October 5, 2016 H — Existing WWTP Annual 0&M Expense Summary Donohue Project No.: 13230 6 Donohue & Associates, Inc. Appendix 1 Rehabilitation of Existing WWTP Item 2017$ Tank Lining $ 105,000 Comminutor $ 45,000 Blowers $ 75,000 Misc. Valves $ 10,000 UV Disinfection $ 30,000 Water Service $ 5,000 Misc. Building Improvements $ 25,000 Temporary Bypass/Hauling $ 50,000 Subtotal $ 345,000 Mobilization, Bonds, Insurance (5%) $ 17,250 Contingency (15%) $ 51,750 Engineering, CRS (25%) $ 103,500 Legal, Administration (15%) $ 62,100 Total $ 579,600 Appendix 2 New Package Plant Item 2017$ Site Work, Utilities, Installation $ 190,000 Equipment $ 327,000 Subtotal $ 517,000 Mobilization, Bonds, Insurance (5%) $ 25,850 Contingency (15%) $ 77,550 Engineering, CRS (25%) $ 155,100 Legal, Administration (15%) $ 93,060 Total $ 868,560 Attachment A March 1, 2016 Minnesota Pollution Control Agency Detroit Lakes Office 1714 Lake Avenue I Suite 220 I Detroit Lakes, MN 56501 1218-847-1519 800-657-3864 1 Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer Mr. John Darkenwald, President Darkenwald's Riverbend Wastewater Co. LLC 7535 Northeast River Road Otsego, MN 55330 RE: Final NPDES/SDS Permit Number MN0042251 Riverbend Mobile Home Park Wastewater Treatment Facility T121N, R23W, 526, Otsego, Wright County, Minnesota Dear Mr. Darkenwald: Enclosed is the final permit for the facility identified above. The Minnesota Pollution Control Agency (MPCA) has prepared this permit in accordance with Minn. Stat. chs. 115, 115A, and 116, and Minn. R. chs. 7000, 7001, and 7035. One comment letter was received during the 30 -day public comment period. The MPCA sent a response to those comments under separate cover. No changes have been made to your permit as a result of the comment letter received. If you have any questions regarding any of the terms and conditions of the draft permit, please contact Holly Kvittem of our staff, at (218) 846-8111 or by email at hoIly.kvittem@state.mn.us. Sincerely, 'Blaff D. This document has been electronically signed. Bill Priebe, P.E. Supervisor Municipal Wastewater Section Municipal Division BO/HJK:db Enclosure: Final Permit cc: Paul Christensen, People Services, Inc. (w/enclosure) Jan Christensen, Darkenwald's Riverbend Co LLC (w/enclosure) Jessica Stockamp, Mayor, City of Otsego (w/enclosure) Wright County Environmental Department t-wq-wwprm2-20 • 10/28115 Minnesota Pollution Control Agency National Pollutant Discharge Elimination System/State Disposal System MN0042251 Permittee: Darkenwald's Riverbend Wastewater Co LLC Facility name: Riverbend Mobile Home Park Wastewater Treatment Facility Receiving water: Mississippi River - Class 1C, 2Bd, 3C, 4A, 413, 5, 6 water City: Otsego County: Wright Issuance date: March 1, 2016 Expiration date: February 28, 2021 The state of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to operate a disposal system at the facility named above in accordance with the requirements of this permit. The goal of this permit is to reduce pollutant levels in point source discharges and protect water quality in accordance with the U.S. Clean Water Act, Minnesota statues and rules, and federal laws and regulations. This permit is effective on the issuance date identified above. This permit expires at midnight on the expiration date identified above. Signature: Nrff D. This document has been electronically signed. Bill Priebe, P.E. Supervisor Municipal Wastewater Section Municipal Division Submit eDMRs Submit via the MPCA Online Services Portal at https•//netweb.pca.state.mn.us/private/ Submit other WQ reports to: Attention: WQ Submittals Center Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 for the Minnesota Pollution Control Agency Questions on this permit? For eDMR and other permit reporting issues, contact: Jennifer Satnik, 651-757-2692 For specific permit requirements please refer to: Molly Baumann, 651-757-2204 Wastewater Permit Program general questions, contact: MPCA, 651-282-6143 or 1-800-657-3938. Table of Contents Page 1. Permitted facility description.......................................................................................................................................3 2. Location map of permitted facility...............................................................................................................................4 3. Flow diagram................................................................................................................................................................5 4. Summary of stations and station locations..................................................................................................................6 5. Permit requirements....................................................................................................................................................7 6. Submittal action summary........................................................................................................................................19 7. Limits and monitoring................................................................................................................................................20 Permit issued: March 1, 2016 Permit expires: February 28, 2021 1. Permitted facility description MN0042251 Page 3 of 23 The Riverbend Mobile Home Park WWTP facility (Facility) is located at Highway 101 & County Road 42, Otsego, Minnesota 55330, Wright County. Major components of the Facility include: • Activated Sludge - extended aeration • Dechlorination • Disinfection (chlorination) • Preliminary treatment - comminutor • Secondary Clarification • Solids Treatment - Aerobic Digestion This Class C Facility has a continuous discharge (SD002) to the Mississippi River (Class 1C, 26d, 3C, 4A, 46, 5, 6 Water), and is designed to treat an average wet weather flow (AWWF) of 0.06 million gallons per day (mgd) with a 5 -Day carbonaceous biochemical oxygen demand concentration of 407 mg/liter. The MPCA has evaluated the treatment components of the wastewater treatment facilities with regards to the mass limits in the permit. At the time of permit reissuance the Facility is operating at less than the permitted design AWWF rate of 0.06 mgd and is demonstrating the capability of meeting the new Total Phosphorus effluent mass limit of 290 kg/yr as a 12 Month Moving Total. As the Facility approaches it's AWWF it may need infrastructure improvements and/or operational changes to maintain compliance with the mass limits. The Mississippi River - Class 1C, 2Bd, 3C, 4A, 4B, 5, 6 water was designated an Outstanding Resource Value Waters (ORVW) on November 5, 1984. The design average wet weather flow of this Facility on the date of ORVW designation is 0.06 million gallons per day (mgd). In accordance with MPCA rules regarding nondegradation for ORVWs, nondegradation review is required for any new or expanded discharge (Minn. R. 7050.0180). A new discharge is a discharge that was not in existence on the effective date the ORVW was designated as described in Minn. R. 7050.0460 and 7050.0470. An expanded discharge is a discharge that changes in volume, quality, location, or any other manner after the effective date the outstanding resource value water was designated as described in Minn. R. 7050.0460 and 7050.0470, such that an increased loading of one or more pollutants results. Any change that results in an increased mass loading of one or more pollutants is subject to nondegradation review in accordance with Minn. R. 7050.0180. This Permit also complies with Minn. R. 7053.0275 regarding anti -backsliding. Any point source discharger of sewage, industrial, or other wastes for which a NPDES permit has been issued by the MPCA that contains effluent limits more stringent than those that would be established by Minn. R. 7053.0215 to 7053.0265 shall continue to meet the effluent limits established by the permit, unless the permittee establishes that less stringent effluent limits are allowable pursuant to federal law, under section 402(0) of the Clean Water Act, United States Code, title 33, section 1342.1 Permit issued: March 1, 2016 Permit expires: February 28, 2021 2. Location map of permitted facility Topographic Map of Permitted Facility MN0042251: Riverbend MHP Wastewater Treatment Facility T121N, R23W, Section 26 City of Otsego, Wright Caurft Minnesota 77 22 �. bi . yl �D001 -' 14 Riverbend MHP Wastewater Treatment Facility _ ftrirer '~Riverbend Mobile Home Park MHP EKY 1 - 34 - sem_ e 1 r�38 _ �5 ,mss• - _-.�, 2013 Ka td Map produced by: MPCA Staff, IIA12014j Source: USGS Quad, Rimbead MHP W WYF 0 o2 0.4 0.8MII[i rj� Scale: 1:19,000 MN0042251 Page 4 of 23 Permit issued: March 1, 2016 Permit expires: February 28, 2021 3. Flow diagram Riverbend Mobile Home Park WWTF Flaw Schematic EFFLUENT TO MISSISSIPPI DIGESTER 1 111 COMMINUITER AERATION TANK I INFLUENT I I WAS I I RAS I CLARIFIER I II I BLOWERS METER Box QE -CHLORINATION � I CL2 CONTACT OQ ACT TANK MN0042251 Page 5 of 23 Permit issued: March 1, 2016 Permit expires: February 28, 2021 4. Summary of stations and station locations MN0042251 Page 6 of 23 Station Type of station Local name PLS location SD 002 Effluent To Surface Water Effluent to Mississippi 121, 23W, 026, River (Continuous Discharge) WS 001 Influent Waste Influent Waste Stream 121, 23W, 026, 002 004 Permit issued: March 1, 2016 Permit expires: February 28, 2021 5. Permit requirements MN0042251 Page 7 of 23 SD 002 Effluent To Surface Water Surface Discharge: Class C Minor Facility Effluent Requirements 5.1.1 The Permittee shall submit a monthly DMR : Due by 21 days after the end of each calendar month following permit issuance. [Minn. R. 7001.0150, Subp. 2(B)] 5.1.2 Sampling Location. [Minn. R. 7001.0150, Subp. 2(B)] 5.1.3 Samples for Station SD002 shall be taken at a point representative of the continuous discharge from this Facility, prior to any comingling with stormwater. [Minn. R. 7001.0150, Subp. 2(B)] 5.1.4 The Permittee shall submit monitoring results in accordance with the limits and monitoring requirements for this station. If conditions are such that no sample can be acquired, the Permittee shall report "No Flow" or "No Discharge" on Discharge Monitoring Report (DMR) and shall add a Comments attachment to the DMR detailing why the sample was not collected. [Minn. R. 7001.0150, Subp. 2(B)] WS 001 Influent Waste Waste Stream: Class C Facility Influent Requirements 5.2.1 The Permittee shall submit a monthly DMR: Due by 21 days after the end of each calendar month following permit issuance. [Minn. R. 7001.0150, Subp. 2(B)] 5.2.2 Sampling Location. [Minn. R. 7001.0150, Subp. 2(B)] 5.2.3 Samples for Station WS001 shall be taken at a point representative of the total influent flow to the system. [Minn. R. 7001.0150, Subp. 2(B)] 5.2.4 The Permittee shall submit monitoring results in accordance with the limits and monitoring requirements for this station. If conditions are such that no sample can be acquired, the Permittee shall report "No Flow" or "No Discharge" on Discharge Monitoring Report (DMR) and shall add a Comments attachment to the DMR detailing why the sample was not collected. [Minn. R. 7001.0150, Subp. 2(13)) MN0042251 Riverbend Mobile Home Park WWTP Surface Discharge Station General Requirements 5.3.1 Analysis Requirements. [Minn. R. 7001] 5.3.2 Dissolved Oxygen, pH, Specific Conductance, Temperature and Total Residual Chloride analyses shall be conducted within 15 minutes of Sample collection. [Minn. R. 70011 5.3.3 Representative Samples. [Minn. R. 7001] 5.3.4 Samples and measurements required by this permit shall be representative of the monitored activity. [Minn. R. 70011 5.3.5 Surface Discharge Prohibitions. [Minn. R. 70011 5.3.6 Floating solids or visible foam shall not be discharged in other than trace amounts. [Minn. R. 7001] 5.3.7 Oil or other substances shall not be discharged in amounts that create a visible color film. [Minn. R. 7001] 5.3.8 The Permittee shall install and maintain outlet protection measures at the discharge stations to prevent erosion. [Minn. R. 70011 5.3.9 Winter Sampling Conditions. [Minn. R. 7001] 5.3.10 The Permittee shall sample flows at the designated monitoring stations including when this requires removing ice to sample the water. If the station is completely frozen throughout a designated sampling month, the Permittee shall check the "No Discharge" box on the Discharge Monitoring Report (DMR) and note the ice conditions in Comments on the DMR. [Minn. R. 7001] 5.3.11 Chlorine Addition Requirements. [Minn. R. 70011 __ Permit issued: March 1, 2016 Permit expires: February 28, 2021 MN0042251 Page 8 of 23 5.3.12 If chlorine is added for any purpose, the Permittee shall monitor the discharge for Total Residual Chlorine once per day during chlorine usage.A The Permittee shall report the monitoring data as a comment on the next submitted Discharge Monitoring Report for the affected station.A The discharge shall not exceed a 0.038 mg/L Total Residual Chlorine limit. [Minn. R. 7001] _ 5.3.13 Phosphorus Limits and Monitoring Requirements. [Minn. R. 70011 _ _ 5.3.14 Phosphorus Calculation Definitions. [Minn. R. 7001) _ 5.3.15 "12 -Month Moving Total" is a rolling total. To calculate, for each month multiply the total volume of effluent flow (MG) by the monthly average concentration and by a 3.785 conversion factor to get kg/month. Then add all of the monthly values (kg/mo) during the last twelve months, starting with the monthly total for the month of the current reporting period. [Minn. R. 7001] 5.3.16 Nitrogen Limits and Monitoring Requirements. [Minn. R. 7001] 5.3.17 "Total Nitrogen" is to be reported asthe summation of the Total Kjeldahl Nitrogen and Total Nitrite plus Nitrate Nitrogen values. [Minn. R. 7001] Waste Stream Station General Requirements 5_4.18 Analysis Requirements. [Minn. R. 70011 5.4.19 Dissolved Oxygen, pH, Specific Conductance, Temperature and Total Residual Chloride analyses shall be conducted within 15 minutes of Sample collection. [Minn. R. 7001] 5.4.20 Representative Samples. [Minn. R. 70011 _ 5.4.21 Grab and composite samples shall be collected at a point representative of total influent flow to the system. [Minn. R. 7001] Phosphorus Management Plan 5.5.22 The Permittee shall submit a phosphorus management plan : Due by 180 days prior to permit expiration. [Minn. R. 70011 5.5.23 At a minimum, the PMP shall include the following: a. A summary of influent and effluent concentrations, mass loadings, and percent removal calculations using the most recent five years of monitoring data, if available. b. Identification of existing and potential sources of elevated phosphorus concentrations and/or loading to the facility. As appropriate for the facility, consider residential, institutional, municipal, and commercial sources. c. An evaluation of past and present WWTF operations to determine those operating procedures that maximize phosphorus removal. d. A summary of any phosphorus reduction activities implemented during the last five years. e. Phosphorus management and reduction goals for the next five years using the information collected in A through D above. f. A plan to implement phosphorus management and reduction measures during the next five years. PMP guidance can be found on the MPCA internet at http://www.pca.state.mn.us/enzg8fa or by contacting the compliance staff listed on the cover page of this permit. [Minn. R. 7001] Mechanical System _ 5.6.24 Bypass Structures. [Minn. R. 70011 5.6.25 All structures capable of bypassing the treatment system shall be manually controlled and kept locked at all times. [Minn. R. 7001.0030] 5.6.26 Sanitary Sewer Extension Permit. [Minn. R. 7001] 1 5.6.27 The Permittee may be required to obtain a Sanitary Sewer Extension Permit from the Permit issued: March 1, 2016 Permit expires: February 28, 2021 M N 0042251 Page 9 of 23 MPCA for any addition, extension or replacement to the sanitary sewer. If a sewer extension permit is required, construction may not begin until plans and specifications have been submitted and a written permit is granted except as allowed in Minn. Stat. 115.07, Subd. 3(b). [Minn. R. 7001.0020, D] 5.6.28 Operator Certification. [Minn. R. 7001] _ 5.6.29 The Permittee shall provide a Class C state certified operator who is in direct responsible charge of the operation, maintenance and testing functions required to ensure compliance with the terms and conditions of this permit. [Minn. R. 94001 5.6.30 If the Permittee chooses to meet operator certification requirements through a j contractual agreement, the Permittee shall provide a copy of the contract to the MPGA, WQ Submittals Center. The contract shall include the certified operator's name, certificate number, company name if appropriate, the period covered by the contract and provisions for renewal; the duties and responsibilities of the certified operator; the duties and responsibilities of the permittee; and provisions for notifying the MPCA 30 days in advance of termination if the contract is terminated prior to the expiration date. [Minn. R. 9400] 5.6.31 The Permittee shall notify the MPCAwithin 30 days of a change in operator certification or contract status. [Minn. R. 94001 Biosolids: Septage Transfer 5.7.32 Authorization. [Minn. R. 7041] 5.7.33 This permit authorizes the permittee to store and/or transfer only wastewater biosolids and/or septage to another permitted treatment facility for final treatment and disposal in accordance with the provision in this chapter and Minn. R. ch. 7041. For the purpose for this permit chapter, septage is referred to as biosolids. Land application of biosolids and/or septage is not authorized by this permit. [Minn. R. 7041] _ 5.7.34 _ Reporting Requirements. [Minn. R. 7041] 5.7.35 The Permittee shall submit a biosolids annual report : Due annually, by the 31st of December on a form provided by or approved by the MPCA. The report shall include the requirements in Minnesota Rules, part 7041.1700. [Minn. R. 7041.1700] 5.7.36 The permittee shall submit a Biosolids Annual Report by December 31 of each year for biosolids storage and/or transfer activities occurring during the cropping year previous to December 31. The report shall indicate whether or not biosolids were transferred and/or stored. If biosolids were transferred, the report shall describe how much was transferred, where it was transferred to, the name of the facility that accepted the transfer and the contact person at that facility. "Cropping year" means a year beginning on September 1 of the year prior to the growing season and ending August 31 the year the crop is harvested. For example, the 2012 cropping year began September 1, 2011, and ended August 31, 2012. [Minn. R. 7041] 5.7.37 The Permittee shall submit the Biosolids Annual Report to: Biosolids Coordinator, Minnesota Pollution Control Agency, 520 Lafayette Road North, St Paul Minnesota 551554194. [Minn. R. 7041] Total Residual Oxidants _ 5.8.38 General Requirements. [Minn. R. 7001] 5.8.39 "Daily Maximum" for Total Residual Chlorine (TRC) concentration limits means: a. The value of a single sample in a 24-hour period if the concentration of TRC in that sample is 0.038 mg/L or less. b. If the concentration of TRC in the first sample is greater than 0.038 mg/L reporting the average of two to twelve samples analyzed in a 24-hour period is allowed. The second sample shall be taken two hours after the first sample and subsequent Permit issued: March 1, 2016 Permit expires: February 28, 2021 MN0042251 Page 10 of 23 samples are to be taken at one-hour intervals thereafter, not to exceed a total of twelve samples in a 24-hour period. Values below the Reportable Limit for TRC are assumed to be zero for averaging purposes only. c. The average value of multiple daily TRC effluent sample analyses shall meet the 0.038 mg/L limit to be in compliance. [State Definitions] 5.8.40 Total Residual Chlorine shall be analyzed immediately. This means within 15 minutes or less of sample collection. (Minn. R. 7001] 5.8.41 A Method Detection Limit (MDL) shall be established for this parameter. [Minn. R. 7001] _ 5.8.42 The Reportable Limit shall be established for this parameter. This should be based on the Method Detection Limit and laboratory, analyst, and equipment used in the analysis. The Reportable Limit cannot be greater than 0.1 mg/L. [Minn. R. 7001] _ 5.8.43 The Method Detection Limit and Reportable Limit should be reassessed when the method, equipment, laboratory, or analyst changes. [Minn. R. 7001] 5.8.44 Monitoring results below the Reportable Limit should be reported as "<" the Reportable Limit. For example, if the Reportable Limit is 0.01 mg/L and a parameter is not detected at a value of 0.01 mg/Lor greater, the concentration shall be reported as "<0.01 mg/L." The symbol "<" means "less than.". [Minn. R. 7001] 5.8.45 The equipment should be checked against a known standard at least quarterly. [Minn. R. 7001] Total Facility Requirements (NPDES/SDS) 5.9.46 Definitions. Refer to the'Permit Users Manual' found on the MPCA website (www.pca.state.mn.us) for standard definitions. [Minn. R. 7001. ] 5.9.47 Incorporation by Reference. The following applicable federal and state laws are incorporated by reference in this permit, are applicable to the Permittee, and are enforceable parts of this permit: 40 CFR pts. 122.41, 122.42, 136, 403 and 503; Minn. R. pts. 7001, 7041, 7045, 7050, 7052, 7053, 7060, and 7080; and Minn. Stat. ch. 115 and 116. [Minn. R. 7001] _ Permittee Responsibility. The Permittee shall perform the actions or conduct the 5.9.48 activity authorized by the permit in compliance with the conditions of the permit and, if required, in accordance with the plans and specifications approved by the Agency. [Minn. R. 7001.0150, subp. 3(E)] 5.9.49 Toxic Discharges Prohibited. Whether or not this permit includes effluent limitations for toxic pollutants, the Permittee shall not discharge a toxic pollutant except according to Code of Federal Regulations, Title 40, sections 400 to 460 and Minnesota Rules 7050, 7052, 7053 and any other applicable MPCA rules. [Minn. R. 7001.1090, subp. 1(A)) 5.9.50 Nuisance Conditions Prohibited. The Permittee's discharge shall not cause any nuisance conditions including, but not limited to: floating solids; scum and visible oil film, acutely toxic conditions to aquatic life, or other adverse impact on the receiving water. [Minn. R. 7050.0210, subp. 21 Property Rights. This permit does not convey a property right or an exclusive privilege. _ 5.9.51 [Minn. R. 7001.0150, subp. 3(C)] Liability Exemption. In issuing this permit, the state and the MPCA assume no 5.9.52 responsibility for damage to persons, property, or the environment caused by the activities of the Permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under this permit. To the extent the state and the MPCA may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act. (Minn. R. 7001.0150, subp. 3(0)) 5.9.53 The MPCA's issuance of this permit does not obligate the MPCA to enforce local laws, rules, or plans beyond what is authorized by Minnesota Statutes. [Minn. R. 7001.0150, subp. 3(D)] Permit issued: March 1, 2016 Permit expires: February 28, 2021 MN0042251 Page 11 of 23 5.9.54 Liabilities. The MPCA's issuance of this permit does not release the Permittee from any liability, penalty or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit. [Minn. R. 7001.0150, subp. 3(A)] 5.9.55 _ The issuance of this permit does not prevent the future adoption by the MPCA of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the Permittee. [Minn. R. 7001.0150, subp. 3(B)] 5.9.56 Severability. The provisions of this permit are severable and, if any provisions of this permit or the application of any provision of this permit to any circumstance are held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby. [Minn. R. 7001] 5.9.57 Compliance with Other Rules and Statutes. The Permittee shall comply with all applicable air quality, solid waste, and hazardous waste statutes and rules in the operation and maintenance of the facility. [Minn. R. 7001] 5.9.58 Inspection and Entry. When authorized by Minn. Stat. ch. 115.04; 11513.17, subd. 4; and 116.091, and upon presentation of proper credentials, the agency, or an authorized employee or agent of the agency, shall be allowed by the Permittee to enter at reasonable times upon the property of the Permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit. [Minn. R. 7001.0150, subp. 3(Q] 5.9.59 Control Users. The Permittee shall regulate the users of its wastewater treatment facility so as to prevent the introduction of pollutants or materials that may result in the inhibition or disruption of the conveyance system, treatment facility or processes, or disposal system that would contribute to the violation of the conditions of this permit or any federal, state or local law or regulation. [Minn. R. 7001.0150, subp. 3(F)] 5.9.60 Sampling. [Minn. R. 70011 5.9.61 Representative Sampling. Samples and measurements required by this permit shall be conducted as specified in this permit and shall be representative of the discharge or monitored activity. [40 CFR 122.41(j)(1)] Additional Sampling. If the Permittee monitors more frequently than required, the 5.9.62 results and the frequency of monitoring shall be reported on the Discharge Monitoring Report (DMR) or another MPCA-approved form for that reporting period. [Minn. R. 7001.1090, subp. 1(E)] 5.9.63 Certified Laboratory. A laboratory certified by the Minnesota Department of Health and/or registered by the MPCA shall conduct analyses required by this permit. Analyses of dissolved oxygen, pH, temperature, specific conductance, and total residual oxidants (chlorine, bromine) do not need to be completed by a certified laboratory but shall comply with manufacturers specifications for equipment calibration and use. [Minn. R. 4740.2010, Minn. R. 4740.2050 through 21201 5.9.64 Sample Preservation and Procedure. Sample preservation and test procedures for the analysis of pollutants shall conform to 40 CFR Part 136 and Minn. R. 7041.3200. [40 CFR 136, Minn. R. 7041.3200) 5.9.65 Equipment Calibration: Flow meters, pumps, flumes, lift stations or other flow monitoring equipment used for purposes of determining compliance with permit shall be checked and/or calibrated for accuracy at least twice annually. [Minn. R. 7001.0150, 2(B and C)] 5.9.66 Maintain Records. The Permittee shall keep the records required by this permit for at least three years, including any calculations, original recordings from automatic monitoring instruments, and laboratory sheets. The Permittee shall extend these Permit issued: March 1, 2016 MN0042251 Permit expires: February 28, 2021 Page 12 of 23 record retention periods upon request of the MPCA. The Permittee shall maintain records for each sample and measurement. The records shall include the following information: a, the exact place, date, and time of the sample or measurement; b. the date of analysis; c. the name of the person who performed the sample collection, measurement, analysis, or calculation; d. the analytical techniques, procedures and methods used; and e. the results of the analysis. [Minn. R. 7001.0150, 2(C)] 5.9.67 Completing Reports. The Permittee shall submit the results of the required sampling and monitoring activities on the forms provided, specified, or approved by the MPCA. The information shall be recorded in the specified areas on those forms and in the units specified. 5.9.68 Required forms may include DMR Supplemental/Sample Value Form Individual values for each sample and measurement shall be recorded on the DMR Supplemental/Sample Value Form which, if required, will be provided by the MPCA. DMR Supplemental/Sample Value Forms shall be submitted with the appropriate DMRs. You may design and use your own supplemental form; however it shall be approved by the MPCA. Note: Required summary information shall also be recorded on the DMR. Summary information that is submitted ONLY on the DMR Supplemental/Sample Value Form does not comply with the reporting requirements. [Minn. R. 7001.1090, 1(D), Minn. R. 7001.150, 2(B)] Submitting Reports. DMRs and Supplementals shall be submitted to: MPCA, Attn: Discharge Monitoring Reports, 520 Lafayette Road North, St Paul Minnesota 551554194. DMRs, DMR supplemental forms and related attachments may be electronically submitted via the MPCA Online Services Portal after authorization is approved. When electronically submitted, the paper DMR submittal requirement is waived. DMRs and DMR Supplemental Forms shall be postmarked or electronically submitted by the 21st day of the month following the sampling period or as otherwise specified in this permit. Electronic DMR submittal shall be complete on or before 11:59 PM of the 21st day of the month following the sampling period or as otherwise specified in this permit. A DMR shall be submitted for each required station even if no discharge occurred during the reporting period. Other reports required by this permit shall be postmarked by the date specified in the permit to: MPCA, Attn: WQ Submittals Center, 520 Lafayette Road North, St Paul Minnesota 551554194. [Minn. R. 7001.0150,2(B), Minn. R. 7001.150, 3(H)1 5.9.69 Incomplete or Incorrect Reports. The Permittee shall immediately submit an electronically amended report or DMR to the MPCA upon discovery by the Permittee or notification by the MPCA that it has submitted an incomplete or incorrect report or DMR. The amended report or DMR shall contain the missing or corrected data along with a cover letter explaining the circumstances of the incomplete or incorrect report. If it is impossible to electronically amend the report or DMR, the Permittee shall immediately notify the MPCA and the MPCA will provide direction for the amendment submittals. [Minn. R. 7001.0150,3(G)] 5.9.70 Required Signatures. All DMRs, forms, reports, and other documents submitted to the MPCA shall be signed by the Permittee or the duly authorized representative of the Permittee. Minn. R. 7001.0150, subp. 2, item D. The person or persons that sign the DMRs, forms, reports or other documents shall certify that he or she understands and Permit issued: March 1, 2016 Permit expires: February 28, 2021 M N0042251 Page 13 of 23 complies with the certification requirements of Minn. R. 7001.0070 and 7UULWAU, including the penalties for submitting false information. Technical documents, such as design drawings and specifications and engineering studies required to be submitted as part of a permit application or by permit conditions, shall be certified by a registered professional engineer. [Minn. R. 7001.0540] 5.9.71 Detection Level. The Permittee shall report monitoring results below the reporting limit (RL) of a particular instrument as "<" the value of the RL. For example, if an instrument has a RL of 0.1 mg/L and a parameter is not detected at a value of 0.1 mg/L or greater, the concentration shall be reported as "<0.1 mg/L." "Non-detected," "undetected," "below detection limit," and "zero" are unacceptable reporting results, and are permit reporting violations. Where sample values are less than the level of detection and the permit requires reporting of an average, the Permittee shall calculate the average as follows: a. If one or more values are greater than the level of detection, substitute zero for all nondetectable values to use in the average calculation. b. If all values are below the level of detection, report the averages as "<" the corresponding level of detection. c. Where one or more sample values are less than the level of detection, and the permit requires reporting of a mass, usually expressed as kg/day, the Permittee shall substitute zero for all nondetectable values. [Minn. R. 7001.0150, 2(13)] 5.9.72 Records. The Permittee shall, when requested by the Agency, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct of the activity covered by the permit. [Minn. R. 7001.0150, 3(H)] 5.9.73 Confidential Information. Except for data determined to be confidential according to Minn. Stat. ch. 116.075, subd. 2, all reports required by this permit shall be available for public inspection. Effluent data shall not be considered confidential. To request the Agency maintain data as confidential, the Permittee shall follow Minn. R. 7000.1300. [Minn. R. 7000.13001 __-- 5.9.74 Noncompliance and Enforcement. [Minn. R. 7001] _ 5.9.75 Subject to Enforcement Action and Penalties. Noncompliance with a term or condition of this permit subjects the Permittee to penalties provided by federal and state law set forth in section 309 of the Clean Water Act; United States Code, title 33, section 1319, as amended; and in Minn. Stat. ch. 115.071 and 116.072, including monetary penalties, imprisonment, or both. [Minn. R. 7001.1090, 1(B)] 5.9.76 Criminal Activity, The Permittee may not knowingly make a false statement, representation, or certification in a record or other document submitted to the Agency. A person who falsifies a report or document submitted to the Agency, or tampers with, or knowingly renders inaccurate a monitoring device or method required to be maintained under this permit is subject to criminal and civil penalties provided by federal and state law. [Minn. R. 7001.0150, 3(G), Minn. R. 7001.1090, 1(G and H), Minn. Stat. ch. 609.671, 1] _ 5.9.77 Noncompliance Defense. It shall not be a defense for the Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. [40 CFR 122.41(c)] 5.9.78 Effluent Violations. If sampling by the Permittee indicates a violation of any discharge limitation specified in this permit, the Permittee shall immediately make every effort to verify the violation by collecting additional samples, if appropriate, investigate the cause of the violation, and take action to prevent future violations. If the permittee discovers that noncompliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the environment, the Permit issued: March 1, 2016 Permit expires: February 28, 2021 MN0042251 Page 14 of 23 Permittee shall within 24 hours of the discovery of the noncompliance, orally notify the commissioner and submit a written description of the noncompliance within 5 days of the discovery. The written description shall include items a. through e., as listed below. If the Permittee discovers other non-compliance that does not explicitly endanger human health, public drinking water supplies, or the environment, the non- compliance shall be reported during the next reporting period to the MPCA with its Discharge Monitoring Report (DMR). If no DMR is required within 30 days, the Permittee shall submit a written report within 30 days of the discovery of the noncompliance. This description shall include the following information: a. a description of the event including volume, duration, monitoring results and receiving waters; b. the cause of the event; c. the steps taken to reduce, eliminate and prevent reoccurrence of the event; d. the exact dates and times of the event; and e. steps taken to reduce any adverse impact resulting from the event. [Minn. R. 7001.150, 3(K)] 5.9.79 Upset Defense. In the event of temporary noncompliance by the Permittee with an applicable effluent limitation resulting from an upset at the Permittee's facility due to factors beyond the control of the Permittee, the Permittee has an affirmative defense to an enforcement action brought by the Agency as a result of the noncompliance if the Permittee demonstrates by a preponderance of competent evidence: a. the specific cause of the upset; b. that the upset was unintentional; c. that the upset resulted from factors beyond the reasonable control of the Permittee and did not result from operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or increases in production which are beyond the design capability of the treatment facilities; d. that at the time of the upset the facility was being properly operated; e. that the Permittee properly notified the Commissioner of the upset in accordance with Minn. R. 7001.1090, subp. 1, item I; and f. that the Permittee implemented the remedial measures required by Minn. R. 7001.0150, subp. 3, item J. [Minn. R. 7001.1090] 5.9.80 Release. [Minn. R. 7001] 5.9.81 Unauthorized Releases of Wastewater Prohibited. Except for discharges from outfalls specifically authorized by this permit, overflows, discharges, spills, or other releases of wastewater or materials to the environment, whether intentional or not, are prohibited. However, the MPCA will consider the Permittee's compliance with permit requirements, frequency of release, quantity, type, location, and other relevant factors when determining appropriate action. [40 CFR 122.41, Minn. Stat. ch. 115.0611 5.9.82 Discovery of a release. Upon discovery of a release, the Permittee shall: a. Take all reasonable steps to immediately end the release. b. Notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 or (651)649-5451(metroarea) immediately upon discovery of the release. You may contact the MPCA during business hours at 1(800)657-3864 or (651)296-6300 (metro area). c. Recover as rapidly and as thoroughly as possible all substances and materials released or immediately take other action as may be reasonably possible to minimize or abate pollution to waters of the state or potential impacts to human health caused thereby. If the released materials or substances cannot be immediately or completely recovered, the Permittee shall contact the MPCA. If directed by the MPCA, the Permittee shall consult with other local, state or federal agencies (such as the Permit issued: March 1, 2016 MN0042251 Permit expires: February 28, 2021 Page 15 of 23 5.9.83 Minnesota Department of Natural Resources and/or the Wetland Conservation Act authority) for implementation of additional clean-up or remediation activities in wetland or other sensitive areas. [Minn. R. 7001.1090] Sampling of a release. Upon discovery of a release, the Permittee shall: a. Collect representative samples of the release. The Permittee shall sample the release for parameters of concern immediately following discovery of the release. The Permittee may contact the MPCA during business hours to discuss the sampling parameters and protocol. In addition, Fecal Coliform Bacteria samples shall be collected where it is determined by the Permittee that the release contains or may contain sewage. If the release cannot be immediately stopped, the Permittee shall consult with MPCA regarding additional sampling requirements. Samples shall be collected at least, but not limited to, two times per week for as long as the release continues. b. Submit the sampling results on the Release Sampling Form (http://www.pca.state.mn.us/index.php/view-document.html?gid=18867). The Release Sampling Form shall be submitted to the MPCA with the next DMR or within 30 days whichever is sooner. [Minn. R. 7001.10901 5.9.84 Bypass. [Minn. R. 70011 5.9.85 Anticipated bypass. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if the bypass is for essential maintenance to assure efficient operation of the facility. The permittee shall submit prior notice, if possible at least ten days before the date of the bypass to the MPCA. The notice of the need for an anticipated bypass shall include the following information: a. the proposed date and estimated duration of the bypass; b. the alternatives to bypassing; and c. a proposal for effluent sampling during the bypass. Any bypass wastewater shall enter waters of the state from outfalls specifically authorized by this permit. Therefore, samples shall be collected at the frequency and location identified in this permit or two times per week for as long as the bypass continues, whichever is more frequent. [40 CFR 122.41(m)(2 and 3), Minn. R. 7001.1090, 1(J)] 5.9.86 All other bypasses are prohibited. The MPCA may take enforcement action against the Permittee for a bypass, unless the specific conditions described in Minn. R. Ch. 7001.1090 subp. 1, K and 122.41(m)(4)(i) are met. In the event of an unanticipated bypass, the permittee shall: a. Take all reasonable steps to immediately end the bypass. b. Notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 or (651)649-5451(metroarea) immediately upon commencement of the bypass. You may contact the MPCA during business hours at 1(800)657-3864 or (651)296-6300 (metro area). c. Immediately take action as may be reasonably possible to minimize or abate pollution to waters of the state or potential impacts to human health caused thereby. If directed by the MPCA, the Permittee shall consult with other local, state or federal agencies for implementation of abatement, clean-up, or remediation activities. d. Only allow bypass wastewater as specified in this section to enter waters of the state from outfalls specifically authorized by this permit. Samples shall be collected at the frequency and location identified in this permit or two times per week for as long as the bypass continues, whichever is more frequent. The permittee shall also follow the reporting requirements for effluent violations as specified in this permit. [40 CFR Permit issued: March 1, 2016 Permit expires: February 28, 2021 MN 0042251 Page 16 of 23 122.41(m)(4)(i), Minn. R. 7001.1090,1(K), Minn. Stat. ch. 115.061] 5.9.87 Operation and Maintenance. [Minn. R. 70011 _ 5.9.88 The Permittee shall at all times properly operate and maintain the facilities and systems of treatment and control, and the appurtenances related to them which are installed or used by the Permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The Permittee shall install and maintain appropriate backup or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible Minn. R. 7001.0150. subp. 3, item F. [Minn. R. 7001.0150, 3(F)] 5.9.89 In the event of a reduction or loss of effective treatment of wastewater at the facility, the Permittee shall control production or curtail its discharges to the extent necessary to maintain compliance with the terms and conditions of this permit. The Permittee shall continue this control or curtailment until the wastewater treatment facility has been restored or until an alternative method of treatment is provided. [Minn. R. 7001.1090,1(c)] 5.9.90 Solids Management. The Permittee shall properly store, transport, and dispose of biosolids, septage, sediments, residual solids, filter backwash, screenings, oil, grease, and other substances so that pollutants do not enter surface waters or ground waters of the state. Solids should be disposed of in accordance with local, state and federal requirements. [40 CFR 503, Minn. R. 7041] 5.9.91 Scheduled Maintenance. The Permittee shall schedule maintenance of the treatment works during non-critical water quality periods to prevent degradation of water quality, except where emergency maintenance is required to prevent a condition that would be detrimental to water quality or human health. [Minn. R. 7001.0150, 3(F), Minn. R. 7001.150, 2(B)] 5.9.92 Control Tests. In -plant control tests shall be conducted at a frequency adequate to ensure compliance with the conditions of this permit. [Minn. R. 7001.0150, 3(F), Minn. R. 7001.150, 2(B)] _ 5.9.93 Changes to the Facility or Permit. [Minn. R. 7001] 5.9.94 Permit Modifications. Except as provided under Minnesota Statutes, section 115.07, subdivisions 1 and 3, no person required by statute or rule to obtain a permit may construct, install, modify, or operate the facility to be permitted, nor shall a person commence an activity for which a permit is required by statute or rule until the agency has issued a written permit for the facility or activity. Permittees that propose to make a change to the facility or discharge that requires a permit modification shall follow Minn. R. 7001.0190. If the Permittee cannot determine whether a permit modification is needed, the Permittee shall contact the MPCA prior to any action. It is recommended that the application for permit modification be submitted to the MPCA at least 180 days prior to the planned change. [Minn. R. 7001.00301 5.9.95 Plans, specifications and MPCA approval are not necessary when maintenance dictates the need for installation of new equipment, provided the equipment is the same design size and has the same design intent. For instance, a broken pipe, lift station pump, aerator, or blower can be replaced with the same design -sized equipment without MPCA approval. If the proposed construction is not expressly authorized by this permit, it may require a permit modification. If the construction project requires an Environmental Assessment Worksheet under Minn. R. 4410, no construction shall begin until a Permit issued: March 1, 2016 Permit expires: February 28, 2021 MN0042251 Page 17 of 23 negative declaration is issued and all approvals are received or implemented. [Minn. R. 7001.0030] 5.9.96 Report Changes. The Permittee shall give advance notice as soon as possible to the MPCA of any substantial changes in operational procedures, activities that may alter the nature or frequency of the discharge, and/or material factors that may affect compliance with the conditions of this permit. [Minn. R. 7001.0150, 3(M)] 5.9.97 Chemical Additives. The Permittee shall receive prior written approval from the MPCA before increasing the use of a chemical additive authorized by this permit, or using a chemical additive not authorized by this permit, in quantities or concentrations that have the potential to change the characteristics, nature and/or quality of the discharge. The Permittee shall request approval for an increased or new use of a chemical additive at least 60 days, or as soon as possible, before the proposed increased or new use. This written request shall include at least the following information for the proposed additive: a. The process for which the additive will be used; b. Safety Data Sheet (SDS) which shall include aquatic toxicity, human health, and environmental fate information for the proposed additive. The aquatic toxicity information shall include at minimum the results of: a) a 48-hour LC50 or EC50 acute study for a North American freshwater planktonic crustacean (either Ceriodaphnia or Daphnia sp.) and b) a 96 -hour LC50 acute study for rainbow trout, bluegill or fathead minnow or another North American freshwater aquatic species other than a planktonic crustacean; c. a complete product use and instruction label; d. the commercial and chemical names and Chemical Abstract Survey (CAS) number for all ingredients in the additive (If the MSDS does not include information on chemical composition, including percentages for each ingredient totaling to 100%, the Permittee shall contact the supplier to have this information provided); and e. The proposed method of application, application frequency, concentration, and daily average and maximum rates of use. Upon review of the information submitted regarding the proposed chemical additive, the MPCA may require additional information be submitted for consideration. This permit may be modified to restrict the use or discharge of a chemical additive and include additional influent and effluent monitoring requirements. Approval for the use of an additive shall not justify the exceedance of any effluent limitation nor shall it be used as a defense against pollutant levels in the discharge causing or contributing to the violation of a water quality standard. [Minn. R. 7001.0170] 5.9.98 MPCA Initiated Permit Modification, Suspension, or Revocation. The MPCA may modify or revoke and reissue this permit pursuant to Minn. R. 7001.0170. The MPCA may revoke without reissuance this permit pursuant to Minn. R. 7001.0180. [Minn. R. 7001.0170, Minn. R. 7001.0180] 5.9.99 TMDL Impacts. Facilities that discharge to an impaired surface water, watershed or drainage basin may be required to comply with additional permits or permit requirements, including additional restriction or relaxation of limits and monitoring as authorized by the CWA 303(d)(4)(A) and 40 CFR 122.44.1.2.i., necessary to ensure consistency with the assumptions and requirements of any applicable US EPA approved wasteload allocations resulting from Total Maximum Daily Load (TMDL) studies. [40 CFR 122.44(I)(2)(i)] 5.9.100 Permit Transfer. The permit is not transferable to any person without the express written approval of the Agency after compliance with the requirements of Minn. R. 7001.0190. A person to whom the permit has been transferred shall comply with the Permit issued: March 1, 2016 Permit expires: February 28, 2021 MN0042251 Page 18 of 23 conditions of the permit. [Minn. R. 7001.0150, 3(N)] 5.9.101 Facility Closure. The Permittee is responsible for closure and post -closure care of the facility. The Permittee shall notify the MPCA of a significant reduction or cessation of the activities described in this permit at least 180 days before the reduction or cessation. The MPCA may require the Permittee to provide to the MPCA a facility Closure Plan for approval. Facility closure that could result in a potential long-term water quality concern, such as the ongoing discharge of wastewater to surface or ground water, may require a permit modification or reissuance. The MPCA may require the Permittee to establish and maintain financial assurance to ensure performance of certain obligations under this permit, including closure, post - closure care and remedial action at the facility. If financial assurance is required, the amount and type of financial assurance, and proposed modifications to previously MPCA-approved financial assurance, shall be approved by the MPCA. [Minn. Stat. ch. 116.07, 4] _ 5.9.102 Permit Reissuance. If the Permittee desires to continue permit coverage beyond the date of permit expiration, the Permittee shall submit an application for reissuance at least 180 days before permit expiration. If the Permittee does not intend to continue the activities authorized by this permit after the expiration date of this permit, the Permittee shall notify the MPCA in writing at least 180 days before permit expiration. If the Permittee has submitted a timely application for permit reissuance, the Permittee may continue to conduct the activities authorized by this permit, in compliance with the requirements of this permit, until the MPCA takes final action on the application, unless the MPCA determines any of the following (Minn. R. 7001.0040 and 7001.0160): a. The Permittee is not in substantial compliance with the requirements of this permit, or with a stipulation agreement or compliance schedule designed to bring the Permittee into compliance with this permit; b. The MPCA, as a result of an action or failure to act by the Permittee, has been unable to take final action on the application on or before the expiration date of the permit; c. The Permittee has submitted an application with major deficiencies or has failed to properly supplement the application in a timely manner after being informed of deficiencies. [Minn. R. 7001.01601 5.9.103 The Permittee shall submit an application for permit reissuance : Due by 180 days prior to permit expiration. [Minn. R. 7001.01601 Permit issued: March 1, 2016 Permit expires: February 28, 2021 6. Submittal action summary SD 002 Effluent To Surface MN0042251 Page 19 of 23 Water Surface Discharge: Class C Minor Facility Effluent Requirements 6.1.1 The Permittee shall submit a monthly DMR; Due by 21 days after the end of each calendar month following permit issuance. [Minn. R. 7001.0150, Subp. 2(B)] WS 001 Influent Waste Waste Stream: Class C Facility Influent Requirements 6.2.1 The Permittee shall submit a monthly DMR : Due by 21 days after the end of each calendar month following permit issuance. [Minn. R. 7001.0150, Subp. 2(B)] MN0042251 Riverbend Mobile Home Parl< WWTP Phosphorus Management Plan 6.3.1 The Permittee shall submit a phosphorus management plan : Due by 180 days prior to permit expiration. [Minn. R. 7001] Biosolids: Septage Transfer 6.4.2 The Permittee shall submit a biosolids annual report : Due annually, by the 31st of December on a form provided by or approved by the MPCA. The report shall include the requirements in Minnesota Rules, part 7041.1700. (Minn. R. 7041.1700] Total Facility Requirements (NPDES/SDS) 6.5.3 The Permittee shall submit an application for permit reissuance : Due by 180 days prior to permit expiration. [Minn. R. 7001.0160] m N O O N a an ra CL 0 N 7 O � O iii CL m Ln X 0 .Ln a Vic' tc YE E J L L CL a r� a Y 0 z a u n u fl. u O70 O. u j N u °7° N aQ)n 0) N . ?m u 0 wQin d OaQvai O- Qin n AQv) a w a ANO � •-cm-�tnO t ALO c u mvO c aai u toinO !D 3 4-2 v o a C E 7 LL yai C a G Y LL a� iA O Y a O L 7 7 O E a a a j o o a m .a N c m o a :IF E C' M N -t 0 U U l'J (D u N U a c C O d0-1 L O. 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V1 Y In C+ 7 (^ Ln O U) Oc D Ln t/1 q N \ ■ § q % \ & { z k— 3 k2 kk ko\/ // \§ kL §k±J \±R \±U \// _ / e E ƒ m E \ '� j\ ¥ / G = E / \ §G / \d ( §/af{.E \ £ \\/E E E E a)\ § j= §« §> J ) \ \ k \ k £ 2 E \ _ E U. ! {«/\\ \ k\\ k\ E > G m E E E 7 -0_ & ) z & \ § a \ 7 b \ $ \ 7 \ 0 § 3«« > G\£ m »§ o e m )£/ Q» k/ EOOEEE #e km 3/k / \#r 70 . 7*2 \»\\m \$/E »QeFa m#r m §\/m /CL \ 0 § % 2 ! G \Ln C i n. E \ 'i e\ e/ ; Q E 8§§ 8§ 8 b m 22m �_� '—e �! CA *\m a\� $\& Attachment B ,ORN, 251-R SPECIFICATIONS FOR RECTANGULAR "AER-O-FLO" CONTACT STABILIZATION SEWAGE TREATMENT PLANTS PREFABRICATED STEEL DRn.iFCT: RIVER BEND PARK JOB #100524 ^,93EL CSR -90 -710 -15 -EA Or.-IGN FLOW 90,000 DATE 5-8-72 CLOW CORPOR,-'NTION WASTE TREATMENT OIVIS:ON P. 0. Box 324 FLORENCE, KENTUCK`! 41042 SPECIFICATIONS FOR c l6i� f CONTACT STABILIZATION SEWAGE TREATMENT PLANTS GENERAL: Furnish and install one factory built contact stabilization sewage treatment plant, complete and ready for operation in accordance with plans and.specifications stated herein. The plant shall be an Aer-O-Flo Model CSR -90 -610=10 -EA as manu- factured by the Clow Corporation. The sewage treatment plant sa e based on the contact stabilization treatment process and shall be capable of treating 901000 gallons per day domestic sewage of 200 parts per million 5 day B.O.D. from composite samples of the average daily flow. The complete plant shall include screening, aeration, .-and secondary clarification. SCREENING: All raw sewage tributary to the plant shall pass through screening equipment as indicated in the following specifications. STEEI-TANK: The tank shall be 1/4" steel plate joined by arc welding with fillets of adayuate section for the joint involved. Walls shall be continuous and watertight and shall be supported by structural members where required. Tanks shall be transported to the jobsite in sections. The contractor shall provide necessary field assembly to complete the installation. Two coats of bitumastic paint shall be applied to all outside surfaces; two coats of bitumastic to the inside surfaces; and any surfaces damaged in shipment shall he retouched with the same material during installation. For cathodic protection, 6 magnesium anodes shall be buried by the contractor on_the sides of the tanks and securely connected thereto by heavy copper wire in good electriv4d ;,.untact with the steel tank. A poured concrete foundation slab, as indicated on the plans, shall be provided in the field for anchoring the steel plant. This slab shall be supplied by the contractor. AERATION CHAMBER: The aeration chamber shall have the total capacity of 60,000 gallons. The aeration chamber shall be divided into three compartments designated as (1)mixing aeration compartment, with a capacity of 11,250 gallons, (2) sludge reaeration compartment, 28,554. gallons, and the (3) aerobic digestion compartment, 20,196 gallons. The combined capacity of the mixing aeration compartment and s udge reaeration to pro, ide a minimum of 10.6 hours retention of the design flow. The aerobic digestor compartment shall have the capacity of 3 cubic feet per capita. The tank shall Le filleted on each side, at the bottom, to prevent sludge ac- cumulation, and at they -:)p to enhance rotation of tank contents and prevent scum and froth accumulation. Th,_ aeration chamber shall be constructed with air diffusers placed longitudinally along on(: side of the chamber so as to, in conjunction with the flow control baffles, enhance the spiral rotation of chamber contents. This insures maximum retention time and elimination of short circuiting of raw sewage para cies as encountered in aeration chambers utilizing end io end rotation.) The proportion o` chamber width to depth, in direction of rotation, sl,:ill not exceed 1 .33 to 1 and shall be in such proportion that the velocity of rotation so p •omoted shall be sufficient to scour the chamber's bottom and prevent sludge filleting, as well as to prevent the escape `-.) the surface of minisule air diffusion bubbles and by so causing their entrapment to provide maximum oxygenation efficiency. EoW AER O -R0 / AIR DIFFUSION: Diffuser air shall be supplied by 2 positive displacement blowers) (each) of ample size based on-B.O.Q. application to provide a minimum of 1800 cubic feet of air per pound of B.O.Q. applied and/or based on tank cleansing velocities to provide a minimum of 3 cubic feet of air/linear foot of aeration tank length. There shall be a minimum of one AER-O-FLO hon -clog Disc Diffuser for every ten inches of aeration tank length. The diffusers shall be parallel to and near the base of the tank and at an elevation which will provide the optimum diffusion and mixing of the tank contents: The diffuser assembly shall be easily removed from the tank and shall be equipped with an air regulating valve permitting cdiustment of the air flow or complete shut-off. The AER-O-FLO Disc Diffuser shal I be constructed of 302 stainless steel. It shall be designed to handle a wide range of air flow varying the orifice opening automatically to the flow, this insuring small uniform bubble distribution. The oxygen transfer capacity of each diffuser shall be such that an adequate supply of oxygen will be maintained in the aeration chamber to meet treatment requirements of the design sewage load. BLOWER AND MOTOR DRIVE: There shall be two �tl ) blower/motor units supplied, each meeting the following specifications: The blower shall deliver 300 CFM @ P ,_.. 5 psi. The motor drive shall be g , 6 HP, 1750 RPM, 240 volt, 1 (3) phase, 60 cycle, *rotor with V -belt drive. The b ower and motor shell be mounted in a weather- proof enclosure, constructed of 16 gauge -stere -I supported by the required structural members fo obtain rig;-dity. All parts shall be phosphatize:d and double coated with 1 a baked enamel finish. For easy access to the controls, blower and motor, three access doors, equipped with locking device shall -be supplied. Each access door shall be detachable from the enclosure. For proper air ventilation, louvers shall be placed in the end of the blower and motor enclosure. For the reduction of the inlet air noise and the filtration of the inlet air, there shall be supplied an air -maze dry type filter - silencer. The filter-si:encer shall be as manufactured by the RockwelI-Standard Corporation, or approved equal . The blower cabinets shall -be located as shown on the plans. ELECTRICAL CONTROLS: The electrical controls shall consist of the necessary magnetic starters, time clocks and switches, to automatically cont•ol all electric motors on.the plant. The blower &k1 froth control pump motors shall be controlled by a hand -off -auto selecter switch in conjunction with a magnetic starter and one or two timers as determined by the variation in flo:v rate. All electric equipment and circuitry shall be protected by a properly sized circuit breaker. The prewired electrical control panel shall be mounted on the motor -blower h_using. Any duplex or standby eq_Apment required shall be wired so that they may be al-ernated automatically by controls located with the control housing. METAL GRATING: Grip Strut galvanized metal grating panels shall be provided for walk- ways to service the equipment. The grating panels shall be 13" maximum in width and constructed of 14 gauc;e galvanized sheet metal formed, oerforated, and extruded so -as to permit maximum opt:n area over the entire tank. The maximum weight of each panel shall not exceed caps _i}y of 40 pounds per square foot without excessive deflection. -2- SPECIFICATIONS GRAVITY CLARIFIER CLARIFIER CHAMBER: The clarifier chamber shall be of ample size to provide a minimum of. four hours retention, based upon the some flow rates governing the aeration chamber and shall have proper baffling. The total settling volume shall include the volume of the upper 1/3 of the sludge hopper. The bottom of the chamber shall be formed into an inverted pyramidal hopper or hoppers. Flat bottom area of each hopper shall be in no case greater than one square foot. The slope of the hopper walls shal I not be less than 1.7 vertical to 1 .0 horizonal. Settled sludge shall be returned from the clarifier sludge hopper to the aeration chamber by the positive sludge return system. The clarifier effluent shall pass over the edge of the effluent weir into the effluent trough and then out of the chamber. The effluent weir shall be mounted to permit easy adjust- ment for level and height. AIRLIFT SLUDGE RETUnN SYSTEM: There shall be installed within the clarifier chamber caex(two) 4" diameter rirlift sludge return assembly (ies) meeting the following speci- fications: The airlift pump shall have a recirculation capacity of 0% to 100% of design flow. The. air Line supplying air to the pump shall be equipped with a needle valve to vary the amount of air to each pump, thus varying the capacity of the airlift pump. The airlift pumps shall be firmly supported and shall be equipped with; a clean- out plug to allow for easy cleaning an.cl,maintenance. The minimum size airlift sludge pump shall be 4" diameter to minimize clogging. SKIMMING RETURN SYSTEM: There shall be 76N9 (two) airlift skimming device (s), (each) meeting the following specifications: The skimming device shall be of the positive airlift pump type , located in the settling tank to skim and return floating material to the aeration tank. The air line supplying a'r to the skimming device shall be equipped with a needle valve to regulate the rote of return.. FROTH CONTROL: r, c(1/2) H.P., 220 volt, single phase, SO G.P.M. froth control pump shell be provided in the clarifier charnber and sufficient spray nozzles attached to the discharge line of the pump to insure control of frothing or foaming in the aeraticn chamber. The Aer-O-Spray sp-ciy nozzle shall be of the weighed counter I ev-Sr type -v"vith a"flip-open cap for quicK flush cleaning of the nozzle 1/2" diameter orifice. The spray nozzle shall produce a sharp spray pattern along the entire length of aeration tank. A hose bib" sl,c I I be furnished between the discharge side of the pump and spray nozzle shut-off vc,lve to provide wash-up water _ w.hen required. RE, CTANGULAR CO;ITACT- •STII "T ZATIOZI � ._� .ra ti ✓-- .i :' .ar a.1L..� it i..:.i I�z ! .G DESIGN DATA * --• River Bend park Job No. ' project r.a,�.e - yocatzon - Elk River,-Minnesota Date 5-8-72 model Y.O. CSR-90-610-10 -EA 900 ��» � r '� lCO pai s/Can/Da.- 90,000 GaLons - - .D. T /D T178 5 -Da7, B.0-D- ii 1nCO C'i/F- t. i 22 _ Aeration 11'-01, piant,Tot, 721-011 Aeration "'''- =^mot:. Cerin 17 -13 8,021 n7Y,t �+ Fu. /G�S . Aerati on 1 ank o --� - 13' -6" ,f r. of C' ._- • � i w ' amu:: :G�aT �'ApT•-i � 91-611 � f!Gals � 1,304 / 11 250 0 C) Vol=e IL-s. 3- Retention Time � . nth or C� 341-311 - zo Ler._ 9'-6" - EE-H Side .Tate L ental � � [=a 3 3 817 Z8 5 Ft, /Gals. 1 Re tenticr. 's -ne Hrs. 7.6 24'-3" Isnht oj_ C`,a :bV1 9 z _8„ v Sino ?'wtt . Darth j y • - —t 1 2.700 / 20 196 _ 1. /Gals. AU Cu. - RDD-1 V.-Ela'Gil DATA CCriTIi`:UED CSR -90 -610 -10 -EA V-)-1 i;,^e Ft. surface Area 1 0 GalSa,/r . -ace Se Atli^� azte ffluert :"v="' Let'_? th. Ypir C.'2ri'1 r ;-; =te Gal-. S. II.. 2,005 = t. 1 288 ay I312 24 ' -Qtr Retcn+.i f n TL a HrS. wo� c: Co w� 3,750 4 RECTANGULAR C014TACT STABILIZATION DESIGN DATA 15,000 F- C7UA C: ro 1 F: i • Pt.3/Gals.{ Vo v l�m:e U •Minutes c� Retentic; Attachment C DRAINAGE EASEMENT AGREEMENT TMS EASEMENT AGREEMENT ("Agreement") is made as of this 2. day of November, 2005, by and between THE D & Y FAMILY LIMITED PARTNERSHIP, a Minnesota limited partnership (hereinafter referred to as the "Grantor") and DARKENWALD'S RIVERBEND WASTEWATER FACILITY COMPANY LLP, a Minnesota limited liability partnership (hereinafter referred to as the "Grantee"). RECITALS: WHEREAS, Grantor is the fee owner of the real property located in Wright County, Minnesota and legally described on Exhibit A, attached hereto and incorporated herein by reference (the "Burdened Property"); and WHEREAS, Grantee is the fee owner of the real property located in Wright County, Minnesota and legally described on Exhibit B, attached hereto and incorporated herein by reference (the "Benefitted Property"); and WHEREAS, Grantor intends to grant to Grantee, and its successors and assigns, an easement over and across the Burdened Property for drainage purposes, pursuant to the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and premises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Drainage Easement. Grantor hereby grants and conveys to Grantee, and its successors and assigns, a permanent, perpetual and non-exclusive easement over, across and under the real property located in Wright County, Minnesota and legally described on Exhibit C, attached hereto and incorporated herein by reference, as depicted on Exhibit D, attached hereto and incorporated herein by reference (the "Easement Property"), for drainage purposes, including, but not limited to, the discharge and drainage of Grantee's wastewater from its wastewater treatment facility located on the Benefitted Property, and for the purpose of allowing Grantee to construct, install, maintain, repair and/or replace any piping, culverts, equipment, materials or other items for drainage purposes over, across and under the Easement Property, together wish the right to excavate and refill ditches and/or trenches for the location of the drainage easement, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction, installation, maintenance, repair and/or replacement of the drainage easement (collectively the "Drainage Easement"). 2. Access Easement. In addition, Grantor hereby grants and conveys to Grantee, and its successors and assigns, a permanent, perpetual and non-exclusive easement for ingress and egress over and across the Burdened Property for the purpose of providing Grantee access to the Easement Property in order to construct, maintain, repair, replace and/or inspect the Drainage Easement (collectively the "Access Easement") (the Drainage Easement and the Access Easement are collectively referred to as the "Easements "). 3. Maintenance of the Easement Property Grantee agrees to repair all damage to the Burdened Property caused by Grantee or its employees, agents and contractors as a result of Grantee's use of the Easements granted hereunder. 4. Indemnification. Grantee shall and hereby does indemnify and hold harmless Grantor, and its successors and assigns, and any lender that holds a lien covering any property affected by the Easements herein granted, from and against all liability, claims, damages, suits, actions, costs and expenses of whatsoever nature (including reasonable attorneys's fees) to persons or property caused by or arising out of any of Grantee's operations hereunder or otherwise relating to Grantee's rights or obligations hereunder and/or caused by or arising out of Grantee's (or its employees', agents' or contractors') failure to comply at all times with all applicable laws, rules, regulations and safety standards in connection with the exercise of Grantor's rights or performance of its obligations hereunder. 5. Notices. Any notice to be given by a party to this Agreement shall be personally delivered or sent by registered or certified mail, or by a nationally recognized overnight courier which issues a receipt, in each case postage prepaid, to the last known address of the applicable party, and shall be deemed given upon personal delivery, the date postmarked or delivered to such courier. 6. Authority. Grantor and Grantee personally represent and warrant that they each have full right and authority to execute this Agreement and that the person or persons signing below on behalf of each of them was authorized to do so. 7. Rights to Cure. If either party fails to perform or comply with any of the terms, covenants, restrictions or conditions to be performed or complied with pursuant to this Agreement, and any such failure, if it relates to a matter which is not of an emergency -2- nature, remains uncured for a period of twenty (20) days after one party gives the other notice of such failure, or if in the good -faith judgment of the notifying party, such failure relates to a matter of an emergency nature, the notifying party shall have the right to perform any such term, covenant, restriction or condition or cause compliance with the same, and all costs and expenses incurred by the notifying party as a result thereof shall be immediately owing by the other party, and such debt shall bear interest at the lesser of twelve (12%) percent per annum or the maximum legal rate thereon from the date such amount became due until the date of payment. S. Easements Run with Land. The Easements granted hereunder are perpetual and shall run with the title to the Burdened Property and Benefitted Property and shall be binding upon -all present and successive owners of interest in the Burdened Property and Benefitted Property. 9. Notice of Sale. The rights granted by this Agreement are freely assignable without the consent of any other party. However, in the event either party assigns all or any portion of its rights under this Agreement, the assignor shall provide the other party with not less than thirty (30) days advanced written notice of any such assignment, which notice shall contain the name and address of the assignee and the date of the anticipated assignment. 10. Counterparts. This Agreement may be executed in multiple counterparts all of which taken together shall constitute a single agreement with the same force and effect as if all parties had signed the same copy of this Agreement. Il. Modification. This Agreement shall not be modified or amended except by a writing executed by Grantor and Grantee, or their respective successors and assigns. 12. Enforcement and Severability . Either Grantor or Grantee may bring an action to enforce the provisions of this Agreement, and shall be entitled to all remedies available at law or in equity. In any such action, the prevailing party shall be entitled to an award of reasonable attorneys fees. However, the failure by any party to enforce any term or provision set forth in this Agreement shall in no event be deemed a waiver of such party's right to enforce such term or provision in the future. 13. Acceptance by Grantee . Grantee is signing below to evidence its acceptance of, and agreement, to all of the terms and provisions hereof. Grantee and Grantor agree to execute any other documents necessary to effectuate the rights granted in this Agreement. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. -3- IN' WITNESS VfMREOF, the parties hereto have executed this Easement as of the day and year first above written. THE D & Y FAMILY LIMITED PARTNERSHIP By Gilbert M. Darlenwald, General Partner B �- Billie V. Darke Bald, General Partner DARKENWALD' S RIVERBEND WASTEWATER FACILITY COMPANY LLP F. Darkenwald, Partner By Nnkoup��Deborah e, artner By Gilbert R. 3arkenwald, Partner 0 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ;,'� day of November, 2005, by Gilbert M. Darkenwald and Billie V. Darkenwald, the General Partners of The D & Y Family Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. BARBARA JO MIU. A 4➢ N0TARy FUKM-NNK'ESOTA K ya ,V,y Comm. Exp. Jan. 31, 2010 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 7-15 day of November, 2005, by John F. Darkenwald, Deborah K. Yankoupe and Gilbert R. Darkenwald, the Partners of Darkenwald's Riverbend Wastewater Facility Company LLP, a Minnesota limited liability partnership, on behalf of the partnership. BAR13ARA JO MILLER N01MY PUBLIC-MIF€,yESOTA My Comm. F.xp: Jan. 31, 2010 This Instrument was Drafted By: Courey, Kosanda & Zimmer, P.A. 945 Winnetka Avenue, Suite 200 Golden Valley, MN 55427 (763) 398-0441 4— / Notary Public -5- EXHIBIT A LEGAL DESCRIPTION FOR BURDENED PROPERTY A parcel of land located in Wright County, Minnesota, and legally described as follows: That part of Government Lots 1 and 2, Section 26, Township 121, Range 23, Wright County, Minnesota, lying Easterly of the Easterly right of way of State Highway No. 101; lying Northerly of the Northerly right of way of County State Aid Highway No. 42; as shown on Wright County Right of Way Plat No. 9; lying Northwesterly of the Northwesterly line of Riverside Evergreens Second Addition; and lying Southerly of the following described line; Beginning at a point on the North line of said Section 26 a distance of 979 feet East from the Northwest corner thereof; thence deflect to the right 45 degrees 20 minutes along the Northerly bank of a creek a distance of 700 feet more or less; thence continue along said North Bank in a southeasterly direction to the shore of the Mississippi River and there terminating; EX'MBIT )B BENEFITTED PROPERTY Thatpart of Government Lot 2, Section 26, Township 121, Range 23, Wright County, Minnesota described as follows: Commencing at the point where the centerline of County State Aid Highway No. 36 intersects the easterly right-of-way line of State Trunk Highway No. 101; thence South 02 degrees 48 minutes 35 seconds East, assumed bearing, along said easterly right-of- way line, a distance of 517.59 feet to the point of beginning of the land to be described; --whence continuing South 02 degrees 48 minutes 35 seconds East along said easterly right- of-way line a distance of 164.80 feet; thence North 87 degrees 11 minutes 25 seconds East along said right-of-way line a distance of 65.00 feet; thence South 02 degrees 48 minutes 35 seconds East along said right-of-way line a distance of 700.00 feet; thence South 87 degrees 11 minutes 25 seconds West along said right-of-way line a distance of 65.00 feet; thence South 02 degrees 48 minutes 35 seconds East along said right-of-way line a distance of 185.77 feet; thence North 86 degrees 55 minutes 57 seconds East a distance of 263.84 feet; thence North 79 degrees 23 minutes 42 seconds East a distance of 91.19 feet; thence North 69 degrees 16 minutes 07 seconds East a distance of 88.85 feet; thence North 60 degrees 35 minutes 32 seconds East a distance of 167.96 feet; thence North 29 degrees 24 minutes 28 seconds West a distance of 72.61 feet; thence South 60 degrees 44 minutes 53 seconds West a distance of 40.09 feet; thence North 26 degrees 48 minutes 45 seconds West a distance of 86.07 feet; thence North 58 degrees 44 minutes 21 seconds East a distance of 84.71 feet; thence South 73 degrees 41 minutes 35 seconds East a distance of 194.38 feet; thence North 57 degrees 28 minutes 38 seconds East a distance of 196.79 feet to a point on the westerly right-of-way line of County Road No. 36 per WRIGHT COUNTY RIGHT-OF-WAY PLAT NO. 1; thence North 44 degrees 18 minutes 58 seconds West along said westerly right-of-way line a distance of 343.31 feet; thence northwesterly along said westerly right-of-way line a distance of 324.47 feet on a tangential curve concave to the northeast having a radius of 1477.84 feet and a central angle of 12 degrees 34 minutes 47 seconds; thence North 31 degrees 44 minutes 11 seconds West, tangent to last described curve, and along said westerly right-of-way line as per WRIGHT COUNTY RIGHT-OF-WAY PLAT NO. 1 and the westerly right-of-way line as per WRIGHT COUNTY RIGHT-OF-WAY PLAT NO. 9, a distance of 434.59 feet to the intersection of said westerly right-of-way line, with a line which bears North 57 degrees 11 minutes 25 seconds East from the point of beginning; thence South 57 degrees 11 minutes 25 seconds West a distance of 334.97 feet to the point of beginning. EXCEPT The northwesterly 70.00 feet thereof. EY,=rT C LEGAL DESCRIPTION OF EASEMENT PROPERTY A strip of land located in Government Lot 1, Section 26, T 121 N, R 23 W, excepting that portion encumbered by existing County Road 42 and parcel 312 as shown on Minnesota Department of Transportation Right of Way Plat 86-112, Wright County, Minnesota, which lies 30 feet westerly and parallel, and 60 feet easterly and parallel to line 1 as described below: Line 1: Commencing at the northwest corner of Section 26, T 121 N, R 23 W, thence on an azimuth 126 degrees 23 minutes 21 seconds for 2088.34 feet to a B comer ]mown as B11 on Minnesota Department of Transportation Right of Way Plat 86-112; thence on an azimuth 147 degrees 55 minutes 27 seconds for 106.00 feet to a point in front of a new County Road 42 culvert, said point is the point of beginning of Line 1; thence on an azimuth 46 degrees 40 minutes 57 seconds for 413 feet more or less to the Mississippi River and there terminating. The foregoing described property encumbers 0.85 acres more or less. EXE-IIRIT D DEPICTION OF E 4SEMENT PP OPE RTY W Z C- s�. 3, 1r co Attachment D E2 O Q o O M U M a � C � N L i O C Q 0 O N 0) CD (6 4_ (0 h r 00 h 00 N (O 00 00(0 N (0 N (O r N CD coni LO r- h�haihhr- �ui (riui(ri(ri(ri Cocom (rim E M (O N O m m h (0 (O (0 V' F- > Q CO CO d- M N N O �t V' a0 m m (0 M O OJ r 0 00 LI)V) co N V' (O h m O m x X N to h V' N O r M h LO U O C/) ~ — O N 00 N 'd' M N (O M "t m O M O r M m M M h 00 (0 (0 M V' h r M (O N V N N V (0 r t0 h O C) m N O M Cl) CD M (n CV r (0 Q — M N V' V' 00 M (O (O (p r d" m N M M h m m (0 r 0) co N (V (V N N N co N M N E O 00 O NN X V t0 N N c (0 N V O m_ M V' d' V' " V" V' V' N LO M V' co W V' N V m M N h h (0 (O h w U 0) N NN r N N r r M N N co r O N M m N V p� V N r r 00 N Q V t0 N (0 (O M M (O (O C', N co N V Cl) h N (0 (0 m N M (0 00 M N 00 (O N (O h V m O Cl) m h (0 N (O CO O m N (O V' W m p LO (O a0 N M h (O (O V' V; V V: V (n (O (0 h 00 00 h M O V d' (0 (O h a0 M I- O O O O O O 0 0 0 0 0 O O O 00 0 (o O O 0 0 0 0 0 0 0 30 0 O LO\l O It O O O O ll. 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Basis of Design Average Daily Flow Rate: 45,000 gpd Peak Hourly Flow Rate: 90,000 gpd Influent Temperature: 15 °C Elevation: 600 ft AMSL Projected Effluent Influent Secondary BODS: 485 mg/L _< 30 mg/L TSS: 565 mg/L _< 30 mg/L TKN: 50 mg/L - Ammonia -N: 35 mg/L - Phosphorus -P: 13 mg/L - Alkalinity: 300 mg/L - pH: 6.5-8.5 Scope of Supply Aeration Chamber • One (1) 45,000 gallon aeration chamber • One (1) in-line comminutor • Two (2) 20 hp blower motor units, 405 scfm @ 5.23 psig each (1 duty & 1 standby) • One (1) fixed coarse bubble aeration system, complete with in -basin air piping, 277 SCFM • One (1) main control panel mounted in NEMA 3R enclosure with magnetic starters, circuit breakers, programmable time clock, and HOA switches Clarifier • One (1) dual 10' L x 10'W hopper bottom gravity clarifier • Two (2) airlift sludge return pumps and piping • Two (2) airlift scum return pumps and piping • One (1) clarifier outlet trough, equipped with adjustable galvanized v -notched weir plates and scum baffle Sludge Holding Chamber/Aerobic Digester • One (1) 26,720 gallon sludge chamber with 30 days of sludge storage • One (1) supernatant decant airlift assembly • One (1) fixed coarse bubble aeration system, 111 SCFM Disinfection • One (1) ultraviolet disinfection system complete with intensity monitors • One (1) set of inlet/outlet transition boxes Corrosion Prevention • One (1) interior/exterior sand blast, SSPC-SP10/SSPC-SP6, respectively • One (1) coat of interior/exterior surface protection, Tnemec series 46H-413 Coal Tar Epoxy, 8-10 mils TDFT Service Walkway • One (1) lot of 18 gauge galvanized grating, non-skid • One (1) Lot of painted steel schedule 40 pipe handrails 2 rail with kick -plate • One (1) 45 degree access stairway with checker -plate stair treads, and painted steel schedule 40 pipe handrails Field Service • One (1) trip to the jobsite • Five (5) eight hour days total 2 v Clarifications Items Not Supplied by Alfa Laval • Electrical connections and wiring to the control panel • Site work • Plumbing to the plant • Drain valves and piping outside plant walls • Conduit, wiring and plant lighting • Concrete foundation and supply/installation of clarifier grout General Notes 1. Excavation, foundation pad, crane off-loading, field welding, touch-up paint, plumbing to the plant, connection of anodes, installation of grating, handrail and component equipment, electrical wiring, and filling of the tank for testing are to be done by the general contractor. 2. There is no provision included in this budgeted price, unless noted, for field erection supervision, tests, inspections or adjustments of equipment. 3. This secondary system will measure approximately 62.5' long x 24' wide x 11' tall, weighing approximately 88,000 lbs. empty, and will be prepared for delivery in four (4) sections, the largest weighing approximately 25,000 lbs., which will require approximately 280 linear feet of field welding for reassembly, by others. 4. This is a budgetary quotation and it should not be considered binding. Pricing Budgetary price, F.O.B. factory, with freight allowed to MN, offloading by others........................................................................................... $327,000.00 If you have any questions or need any additional information, please do not hesitate to call our office. Sincerely, Alfa Laval, Inc. Attachments: Activated Sludge Design Output 3 Alfa Laval, Inc. Activated Sludge Design Printed: 4/25/2017, 5:39 AM Project: Donohue, MN #41546 Engineer: Computed By: Michael Yang Conditions: Package Plant - Annual Average Conditions Projected Effluent Quality (nzg/L): Influent Characteristics: Secondaf2Effluent Flow: 45,000 GPD Ave 90,000 GPD Peak BOD5: < 30 BOD5: 485 mg/L 182 Lbs/Day TSS: < 30 TSS: 565 mg/L 212 Lbs/Day TN: < N/A TKN: 50 mg/L * 19 Lbs/Day TKN: < N/A Ammonia: 35 mg/L * 13 Lbs/Day Ammonia: < N/A Phosphorus 13 mg/L 4.9 Lbs/Day Phosphorus < N/A Alkalinity: 300 mg/L * 113 Lbs/Day Alkalinity: < 70 Design Parameters: Plant Design: MLSS Temperature: 15 °C * Number of treatment trains: 1 Site Elevation: 600 Ft. MSL * Pre -Equalization Volume: 0 Ft' 0 Gal alpha: 0.85 * Anaerobic Volume: 0 Ft3 0 Gal beta: 0.95 * Anoxic Volume: 0 Ft3 0 Gal Minimum Residual DO: 2.0 mg/L Aeration Volume: 6,016 Ft3 45,000 Gal Total Reactor Volume: 6,016 Ft3 45,000 Gal Steady -State Operating Characteristics: Post Aeration Volume: 0 Ft3 0 Gal Organic Loading Rate: 30.3 Lb BOD5/d/1000 Ft3 Digester Volume: 3,572 Ft3 26,720 Gal Total HRT: 24.0 Hours Disinfection Volume: 0 Ft3 0 Gal Anoxic HRT: 0.0 Hours Average Clarifier Overflow Rate: 225 GPD/Ft2 SRT: 7.0 Day Peak Clarifier Overflow Rate: 450 GPD/Ft2 MLSS: 3,540 mg/L Clarifier Surface Area: 200 Ft RAS TSS: 8000 mg/L Clarifier Diameter: Hopper Clarifier RAS Rate: 0.031 MGD Est. Thickened WAS conc.: 18,000 mg/L RAS Rate: 21.2 GPM Required Digester Storage: 30 Days WAS Loading: 178 Lbs/Day VS Reduction in Digester: 34 % WAS Rate 2,673 GPD Equalization Air Required: 0 SCFM Yield Lb WAS/Lb BOD: 0.98 Lb/Lb Reactor Air Requirement: 277 SCFM AOR: 11.6 Lbs/Hr Digester Air Requirement: 111 SCFM Lb AOR/Lb BOD5: 1.22 Lb/Lb Airlift Requirement: 17 SCFM Field Correction Factor: 0.63 Post Aeration Air Req'd: 0 SCFM SOR 18.4 Lbs/Hr Blower Discharge Pressure: 5.23 PSIG SOTE 6.4 % Total Approx Blower BHP: 14.4 HP MLSS Recycle Flow 0.00 MGD Reactor Blower BHP: 10.4 HP Diffuser Submergence 8.50 Ft Digester Blower BHP: 3.9 HP Side Water Depth: 9.5 Ft NOTE: Reactor is defined as the sum of all aeration basins plus the anoxic basins. * Value is assumed D41546 - Donohue, MN (PP).xlsx Design Summary Page 1 of 1 Attachment F SITEWORK To: US SiteWork Address: 11040 183rd Circle NW, Ste B Elk River, MN 55330 Project Name: 161662 - Darkenwald's Riverbend Sanitary Treatment System Project Location: Riverbend Mobile Modular Homes, Otsego, MN 11040183 r6 Circle NW Suite B Elk River, MN 55330 (763) 280 -8508 -Main (763) 280 -8506 -Fax Contact: Bart Anderson Phone: (763) 280-8508 Fax: (763) 280-8506 Bid Number: 161662 Bid Date: 11/9/2016 Line # Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Mobilization 3.00 LOAD $589.20 $1,767.60 1.1 SWPPP PERMIT BY DONOHUE 1.00 LS $1,529.40 $1,529.40 1.2 Soil Borings Prior To Tank Installation 1.00 LS $5,136.04 $5,136.04 1.3 Surveying 1.00 LS $1,369.61 $1,369.61 2 Silt Fence - Standard 150.00 LF $1.71 $256.50 3 Clear & Grub - BY OWNER 0.00 ACRE $3,300.00 $0.00 4 Strip Topsoil - Dozer 100 FT X 100 FT AREA 370.00 CY $1.63 $603.10 5 Excavate Footings 520.00 CY $3.55 $1,846.00 5.1 80 FOOT BY 12 FOOT Concrete SOG AND 12 FOOT 52.00 CY $456.53 $23,739.56 BY 12 FOOT OPEN VAULT FOR UV TREATMENT SYSTEM AT 1 FOOT THICK - Vault Elevation Needs Verification Prior To 5.2 HIRE 120 TON CRANE TO PICK 50,000 LB 1.00 LS $4,565.37 $4,565.37 ADDIGEST TANK OFF OF TRUCK AND SET ON SLAB 5.3 Furnish And Install 3/4 Inch Hilti Anchors To Bolt 30.00 EACH $25.11 $753.30 Down ADDIGEST Treatment System To SOG 5.4 Treatment System Flow Meters 2.00 EACH $15,408.12 $30,816.24 6 Backfill Footings & ADDIGEST Tank - Assumes 300.00 CY $12.89 $3,867.00 Granular Soil On Site Is Suitable For Backfilling Tank 6.1 Testing - Soils 1.00 LS $570.67 $570.67 6.2 Installation Of ADDIGEST Influent Screen - Option 1.00 LS $913.08 $913.08 Supplied By Owner - Installation Included Here 6.3 Install 10 Cathodic Protection Anode Bags Supplied 1.00 LS $570.67 $570.67 From Manufacturer 6.4 Install 6 Inch Mechanical Joint Interconnecting 3.00 LF $261.72 $785.16 Piping Per S&L Dwg NO B37-0218-1 7 6" SOG Sand Cushion - Onsite Material 23.00 CY $5.34 $122.82 8 6 INCH THICK Class V For Pavement Areas, Ton - 85.00 TON $17.50 $1,487.50 ASSUMING A 100 LF BY 10 FOOT WIDE DRIVEWAY WITH A 10 FOOT APRON AROUND ADDIGEST TREATMENT SYSTEM 9 Finish Class V 278.00 SY $0.43 $119.54 10 Finish Grade Green Areas 560.00 SY $0.43 $240.80 11 Seeding And Mulch 0.25 ACRE $1,369.61 $342.40 12 NEW 48 INCH Manhole Over Existing Sanitary Pipe 1.00 EACH $5,322.13 $5,322.13 FOR NEW CONNECTION OF 10 INCH SEWER FEED PIPE 13 PVC SDR 35 - 10 OUTFLOW PIPE TO NEARBY 200.00 LF $52.89 $10,578.00 ROAD DITCH 13.1 Riprap OUT FLOW PIPE DITCH INTERFACE 10.00 CY $110.36 $1,103.60 13.2 Sanitary Testing, LS 2.00 LS $684.80 $1,369.60 13.3 PVC SDR 35 - 10 SANITARY FEED PIPE FROM 150.00 LF $52.89 $7,933.50 11/9/2016 11:41:08 AM Page 1 of 3 Line # Item # Item Description Estimated Quantity Unit Unit Price Total Price MANHOLE TO NEW ADDIGEST SANITARY TREATMENT SYSTEM 14 Supervision 40.00 HR $111.79 $4,471.60 15 Electrical Service To Treatment System, Hook Up 1.00 LS $51,360.42 $51,360.42 ADDIGEST, And Also Hook Up UV System • 400a Service 500' To Utility Metering Distribution Panel At 480 And 208 25kva Transformer See Budget Estimate Clarifications For Additional Details 15.1 Cabling And Instrumentation For Glasco UV System 1.00 LS $0.00 $0.00 - By Others - Needs Scope Definition Before Pricing Can Provided Currently The System Needs Around An Estimated 213 Watts Of Power 15.2 Lighting, Grounding, And Surge Protection For 1.00 LS $3,994.70 $3,994.70 ADDIGEST & Glasco UV Treatment Systems 16 On Site Biological Conformance Testing - BY 1.00 LS $0.00 $0.00 OTHERS 17 Lift, Set, And Install Glasco UV System Into 12 Ft 1.00 LS $1,712.01 $1,712.01 By 12 Ft Vault 17.1 10 Inch PVC SDR 35 Valve Set Up To Isolation And 0.00 EACH $0.00 $0.00 Bypass Piping UV Treatment Set Up UV Sewage Treatment Only Needed During A Portion Of The Year 17.2 1/2 Inch Stainless Steel Hilti Anchors To Bolt Down 26.00 EACH $39.95 $1,038.70 UV System 18 Stainless Steel Hand Railing Around 12 Ft X 12 Ft 36.00 LF $125.55 $4,519.80 UV Treatment System Pit Could Consider Fiberglass Or Wood Railing Options 18.1 Stainless Steel Access Ladder To UV Pit 1.00 LS $1,369.61 $1,369.61 18.2 Provide Adequate Ventilation For Treatment 1.00 LS $0.00 $0.00 System Room. Maintain Less Than 104 Degrees F To Be Covered Under Building Mini Storage Construction 19 Transfer Of Existing Lab Equipment Over From 1.00 LS $0.00 $0.00 Existing Facility To New Facility - By Owner 20 Demolish Pole Building Enclosure Over Septic 1.00 LS $2,020.94 $2,020.94 System 20.1 Demolish Steel Tanks, Steel Baffles, Steel Cone 1.00 LS $1,757.03 $1,757.03 Hoppers, Etc. Everything Above SOG Assumes Steel Is Salvageable, Clean Enough To Go To Go A Scrap Yard 20.2 Demolish Below Grade SOG(100 Ft X 13.5 Ft), 1.00 LS $6,699.07 $6,699.07 Chlorine Contact Tank, Outlet Structure Assumes All Concrete Is Clean And Go To A Concrete Recycle Crushing Facility 20.3 Load Excess Soil From ADDIGEST Excavation, Haul 220.00 CY $4.78 $1,051.60 It To The Void Left By Removal Of Existing 1971 Demolished Sanitary Treatment System, And Backfill Void Left By Demolition Total Bid Price: $187,704.67 11/9/2016 11:41:08 AM Page 2 of 3 Notes: • Exclusions: Bonds, permits, fees, surveying, engineering, testing, soil corrections, rock excavation, dewatering, traffic control, utility or structural sheeting, shoring, underpinning, buried debris, drain tile, footing insulation or waterproofing, separation fabrics, vapor barriers, drainage layers, class V base materials, asphalt paving, concrete paving, hazardous materials, haul road or crane road construction, erosion control other than listed above, site restoration other than listed above, gas, mechanical, or electrical excavation, site fencing, evening, night or weekend work, winter conditions. Electrical Budget Estimate Scope and Clarifications: Scope • 400a service 500' to utility Metering Distribution panel at 480 and 208 25kva transformer • 3 HP flow equalization blower motor • 15 HP main blower • Blower controls • 1hp fine screen • 15a convenience rec • 15a UV lighting circuit, Panel and Light connection (materials by others) • General Lighting in building / shelter • Float Switch connection • Float alarm connection • Control Panel connection / power • (4) light fixtures • Lighting control ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: U.S. SiteWork Authorized Signature: Estimator: Bart Anderson (619) 916-2296 11/9/2016 11:41:08 AM Page 3 of 3 Attachment G DRAFT(' J ■ ■ Technical Memorandum Darkenwald's Riverbend Wastewater Co. LLC Proposed Wastewater Treatment Facility Review To: Mr. Kurt Neidernmeier, City of Otsego From: Jayme Klecker, PE, AE2S Scott Schaefer, PE, AE2S Date: October 5, 2016 Project No: P05409-2015-002 1 SUMMARY The Darkenwald's Riverbend Wastewater Co. LLC currently owns the Riverbend Mobile Home Park wastewater treatment facility (WWTF) located inside the city limits of Otsego, MN. The Darkenwald's Riverbend Wastewater Co. LLC is proposing purchasing and installing a new package WWTF to provide wastewater treatment for its current residents and for a conceptually planned apartment complex and commercial expansion. The concept plan is dated August 2014. This Technical Memorandum (TM) reviews the existing facility and discharge permit, the proposed facilities, and the potential costs and paybacks associated with providing wastewater treatment for the Riverbend Mobile Home Park. Based on the analysis conducted in this TM, connecting the existing mobile home park to the City's wastewater treatment system would provide a simple payback of 4.9 years to the Owners of the development. If the conceptual apartment complex and commercial expansion were to take place, the simple payback would be 15.4 years. This TM is based upon the very limited preliminary information provided by the Darkenwald's Riverbend Wastewater Co., LLC. The conclusions reached in this TM are based upon that very limited preliminary information provided and analysis of the same, and are subject to potential change and revision if additional relevant information is provided. Riverbend Mobile Home Park WWTF Page 1 of 10 Think Big. Go Beyond. P,, m2s, www.ce2s.com 2 CURRENT CONDITIONS The private Riverbend Mobile Home Park WWTF was approved, in 1972, to treat an average flow of 60,000 gallons per day (gpd). The permitted flow capacity was provided to serve specifically the Riverbend Mobile Home Park. The permit makes no reference to the adjoining or any other property. 2.1 EXISTING FACILITY Currently, the Riverbend Mobile Home Park generates approximately 22,000 gallons of wastewater per day. The wastewater is treated at the Riverbend Mobile Home Park WWTF, and discharged to the Mississippi River. The Riverbend Mobile Home Park WWTF is located at Highway 101 and County Road 42 in the City of Otsego. The WWTF received its first discharge permit from the Minnesota Pollution Control Agency (MPGA) in 1972, and subsequently, has renewed the permit as required. The most recent permit was issued in 2016. The current treatment facility is an activated sludge, extended air type of treatment plant. in 2015, the facility received a certificate of commendation for compliance with its discharge permit. 2.2 DISCHARGE PERMIT The Minnesota Pollution Control Agency re -issued the facility's National Pollutant Discharge Elimination System (NPDES) permit (Permit No. MN0042241) in March, 2016. The permit expires February 28, 2021. Major permitted components include: • Preliminary treatment — comminutor • Activated sludge — extended aeration • Secondary clarification • Disinfection (chlorination) • Dechlorination • Solids treatment — aerobic digestion Riverbend Mobile Home Park WWTF Page 2 of 10 Think Big. Go Beyond.(� www.ce2s.com Permit effluent limits include: Parameter Limit C1301) 25 mg/L max month Sample Frequency 2 x month Sample Type Composite CBOD 30 mg/L max week 2 x month Composite Residual Chlorine 0.038 mg/L, Daily Daily Grab Fecal Coliform 200 CFU/100 ml, max month 2 x month Grab Flow 0.06 mgd, max month Continuous Continuous NO2+NO3 Monitor Only 1 x month (Mar/Sep) Composite TKN Monitor Only 1 x month (Mar/Sep) Composite Dissolved Oxygen Monitor Only Daily, Grab pH 6 — 9, SU Daily Grab TP 290 kg/yr (10.5 mg/L at 20k gpd; 3.5 mg/L at 60k gpd) 2 x month Composite TSS 30 mg/L max month 2 x month Composite TSS 45 mg/L max week 2 x month . Composite Other significant requirements/conditions of the permit include: • Permittee is required to submit a Phosphorus Management Plan 180 days before expiration of the permit • The WWTF discharges to an Outstanding Resource Value Water (Upper Mississippi River) • Biosolids generated from the WWTF must be transferred to another facility for treatment and ultimate disposal • The permit does not include an ammonia limit • The permit allows discharge of a relatively high concentration of total phosphorus • Discharge permits do not typically address nor convey the "right" to serve an area. The discharge permit sets the parameters for what is discharged to a Water of the State, the required system to treat the water, reporting requirements, etc. Other than State designated entities, such as the Metropolitan Council, Western Lake Superior Sanitary District, and the Alexandria Lakes Area Sanitary District, the State is not typically involved in service areas. MPCA considers the availability of treatment capacity For new developments through the sewer extension permit review process. Riverbend Mobile Home Park WWTF Page 3 of 10 Think Big. Go Beyond. � 4 fl www.ae2s.com 3 PROPOSED CONDITIONS Darkenwald's Riverbend Wastewater Co. LLC has proposed replacement of the existing WWTF with a new activated sludge, extended air package plant. The proposed equipment appears to be an appropriate replacement for the existing system. However, there are questions about both the intent to serve additional connections and the flow rating relative to the permitted capacity. The proposed equipment has an average day design capacity of 20,000 gallons per day (gpd); this is lower than the stated current 22,000 gpd flow generated by the existing Riverbend Mobile Home Park. Therefore, the proposed equipment does not appear to have capacity accommodate any future connections (e.g. the new apartment complex). In addition, while the proposed system should be capable of handling the existing daily flow, and considering the operational attention that is typical of a small package plant treatment system, the proposed package plant is likely pushing the upper limit of what this system could be capable of treating on a daily basis for the existing flow of the Riverbend Mobile Home Park. For the purpose of this TM, the following assumptions will be made. • The proposed package treatment system will serve the present development (present connections). The nominal capacity of the facility will be 20,000 gpd, with capacity to serve the existing average day flow of 22,000 gpd. • Additional infrastructure would be required to serve the concept plan development (concept plan). 3.1 PRESENT CONNECTIONS EQUIPMENT PROPOSAL The proposed equipment, which will serve the present connections, is from reputable sources. The proposed system would eliminate chlorination/dechlorination for disinfection and replace it with ultraviolet (UV) disinfection. For this type of facility, this process is appropriate. However, the proposed solids treatment is not a true digester; therefore, disposal of solids at another WWTF would be required. The proposed system has a listed capacity for a 20,000 gpd average day flow. The proposed system has a listed capacity for a 60,000 gpd peak flow. This system would not be expected to handle a 60,000 gpd flow for an extended duration, such as a consecutive 30 -day period (termed the Average Wet Weather (AWW) flow) that would occur if other users beyond the existing Riverbend Mobile Home Park were connected to the system. There is potential that MPCA could consider the proposed WWTF a "derated" facility and reduce the facility's permitted AWW flow. Reference: littps://www.pca.state.inn.us/sites/default/fiiles/wa- wwtp5-20.pdf. A reduction in permitted flow could potentially impact the permitted mass loadings. Significant new construction typically includes a design review, as well as, permit modification. Riverbend Mobile Home Park WWTF Page 4 of 10 Think Big. Go Beyond. pJ AEzS www.ae2s.com Detailed information on both the proposed Smith and Loveless Addigest extended air activated sludge package treatment plant and the Glasco UV disinfection equipment are included here: Smith & Loveless Proposal (Addi?est) Influent Design 250 mg/L CBOD 250 mg/L TSS 45 mg/L TKN Average day flow = 20,000 gpd Peale flow = 60,000 gpd Effluent Design <30 mg/L BOD <30 mg/L TSS Scope of Supply Epoxy coated steel tank, 75' L x 12' W x 10' D (individual tank sizes not provided)(1) Aeration diffusers Flow equalization WAS/RAS airlift pumps WAS storage Equalization and main blowers Controls in Nema 4 enclosure Equipment Price = $275,000 Fine screen not included, quoted at $45,000 (1) 10' SVJD (approx.), 12' wide. Enti a unit is 75' long, aeration basin length not provided (assume it is 1/2 of total length 137'1), aeration volume approximately 33,000 gallons (1.6 days at 20,000 gpd). Glasco UV Influent Design Average flow = 45,000 gpd Peak flow = 70,000 gpd UVT = 65% Dosage > 30,000uWs/cm2 Effluent Design Fecal Coliform < 126 CFU/100 ml Scope of Supply 4 low pressure high output bulbs UV monitoring Stainless steel channel with inlet and outlet boxes Ballast control center Equipment price = $11,000 Riverbend Mobile Home Park WWTF Page 5 of 10 Think Big. Go Beyond. J `-) HE www.ae2s.com The proposals appear to be based on general assumptions by the manufacturer's representatives, and are not site specific. Missing elements from the proposals include the following: • New NPDES permit application for the new plant. • Above ground and/or below ground freeze protection • Chemical equipment for potential TP control • Site work • Piping • Electrical beyond package (transformer, site wiring, etc.) • ExternalI&C • Building and HVAC (electrical / UV) • Excavation and footings • Site lighting • Landscaping of the facility site • Screening dumpster and/or screening building meeting Zoning Ordinance requirements. • Odor control • Generator • Redundant secondary clarifier (may be required) • River eutrophication standards requirement for effluent phosphorus. This was not included in the recently renewed permit. It is unclear if this exclusion was due to the timing of the permit renewal (recently finalized, standards) or due to these standards not being considered by MPCA because of the small discharge volume from the proposed WWTF 3.2 CONCEPT PLAN EVALUATION EQUIPMENT PROPOSAL The recently submitted Riverbend North Concept Plan proposes to add multiple family (apartment complex) and commercial connections to the existing Riverbend WWTF. Based on the information included in the Concept Plan and using Metropolitan Council Environmental Services (MCES) Sewer Access Connection (SAC) criteria, potential Residential Equivalent Connections (REC) were calculated. Multiple Family Dwelling Units (MFDU) = 160 MFDU x l REC/MFDU = 160 REC 1.14 acre commercial lot with 19,830 square foot retail (40% building cover) x I REC/3,000 sq ft = 6.61 REC 1.84 acre commercial lot with C-store/car wash = 5.5 REC Total RECs for the Riverbend North Concept Plan equal 172.11 REC. Based on the City of Otsego REC equivalency factor of 175 gpd REC, the proposed development would generate 172.11 REC x 175 gpd/REC = 30,110 gpd. The estimated flows from the development outlined in the Concept Plan would be in addition to the existing 22,000 gpd currently generated at the mobile home park. Therefore, the total wastewater flow would be approximately 50,000 gpd upon build -out of the Concept Plan. Riverbend Mobile Home Park WWTF Page 6 of 10 Think Big. Go Beyond. 4% (IE2S www.ae2s.com 4 OPINIONS OF PROBABLE COSTS In a letter dated September 12, 2016 to the City of Otsego from the Darkenwald's Riverbend Wastewater Co. LLC, an opinion of probable construction cost for the present connections W WTF (nominal average day flow of 20,000 gpd) of approximately $500,000 was provided. The cost opinion was based on general assumptions by the manufacturer's representative and was not site specific. To develop a more site specific cost opinion, the following cost assumptions were made: • Partially buried installation (4' of walls above grade). Avoids a building around package plant and NFPA 820 requirements • Reuse existing generator (assuming there is an existing generator) 0 Minimal site dewatering a Slab on grade mounting for UV system • Fine screen included ($45,000 equipment adder) • Demolition of old facility, $25,000 (included in site work.) • 5% of total cost for mobilization, bonds, and insurance • 10% construction contingencies (lower than usual at this level of planning due to of the cost being known for the.equipment quote) • 15% engineering, legal, and administration • 7.5% tax on purchased equipment • 10%-15% contractor overhead and profit'(OH&P), varies with line items 5%-40% installation adder, varies with line items • Proposed equipment assumed capable of meeting permit limits • No chemical feed needed to meet TP limit Riverbend Mobile Home Park WWTF Page 7 of 10 Think Big. Go Beyond.j (�� www.ae2s.com 4.1 PRESENT CONNECTIONS OPINION OF PROBABLE CAPITAL COSTS Using both the above assumptions and information provided by the equipment manufacturer's representative, the following opinion of probable capital costs was developed for a facility capable of treating only the existing mobile home park wastewater flows (nominally 20,000 gpd) and not additional flows generated by the concept plan for Riverbend North. - Present Connections Opinion of Probable Capital Costs Darkendwald Riverbend Package Plant Opinion of Probable Description Cost Mobilization, Bonds, Insurance $36,000 Site Work (SW) $67,000 Addigest S&L (ASL), installed w/footings $602,000 Ultraviolet Disinfection (UV) $34,000 Generator and Electrical Bldg (assumed to be none) $0 Subtotal $739,000 Construction Contingencies $74,000 Engineering, Legal, Admin Opinion of .... - Capital Costs $111,000 $924,000 4.2 CONCEPT PLAN OPINION OF PROBABLE CAPITAL COSTS Using the above assumptions and information provided by the equipment manufacturer's representative, the following opinion of probable capital costs was developed for a facility capable of treating the Concept Plan wastewater flows (approximately 50,000 gpd). In general, costs were assumed to increase by the same ratio as the flow increase (2.5 times) in order to increase the treatment capacity from approximately 20,000 gpd to 50,000 gpd. Concept Plan Opinion of Probable Capital Costs Darkendwald Riverbend Package Plant Opinion of Probable Description Cost Mobilization, Bonds, Insurance $90,000 Site Work (SW) $168,000 Addigest S&L (ASL), installed w/footings $1,505,000 Ultraviolet Disinfection (UV) $85,000 Generator and Electrical Bldg (assumed to be none) $0 Subtotal $1,848,000 Construction Contingencies $185,000 Engineering, Legal, Admin Opinion of Probable Capital Costs $278,000 $2,311,000 Riverbend Mobile Home Park WWTF Page 8 of 10 Think Big. Go Beyond. P FIE2S www.ce2s.com 4.3 OPINION OF PROBABLE OPERATION AND MAINTENANCE COSTS In the previously referenced letter dated September 12, 2016, the following operation and maintenance costs were provided. inion of Probable Utilities Labor and Sewage Exp _ Repairs/Maintenance Operations Total Per Year Operations Per Month on and Maintenance Costs $63,567 $828 _-- $76,195 56.350 In general, for the present connections, these estimates seem appropriate for the size and nature of the treatment facility. However, these estimates were not reviewed in detail as there was insufficient detail available for review. Additionally, it was not evident if biosolids disposal was included in these cost estimates. It is important to confirm whether or not biosolids disposal costs are included for future analysis as the proposed facility cannot accommodate land application of biosolids. In order to estimate operation and maintenance costs for the Concept Plan, it has been assumed that Utilities and Repairs/Maintenance would increase at the same ratio of flow to the facility (150%). However, because economies of scale exist for labor, it,has been assumed that the "Labor and Sewage Exp" category cost would increase by 50%. The opinion of probable operation and maintenance costs for the Concept Plan are provided in the following table. Opinion of Probable Operation and Maintenance Costs (Concept Plan) goryPresent Utilities _ - Connections ----_— _ $29,500 Labor and Sewage Exp $95,351 Repairs/Maintenance $2,070 Operations Total Per Year $126,921 Operations Per Month $10,577 Riverbend Mobile Home Park WWTF Page 9 of 10 Think Big. Go Beyond. P4 AE2S www.ae2s.com 5 REC AND OPERATIONAL COSTS COMPARISONS The Connection Fee, Sewer Access Charge, and Usage Fees were overestimated in the September 12, 2016 letter due to an apparent misunderstanding of peak vs average flows. After corrections for "apples -to -apples" cost comparisons, the incremental capital increase (construction vs REC/SAC) and annual incremental savings (O&M vs utility bill) represent a payback period of 4.9 years for the present connections and 15.4 years for the Concept Plan. The payback period calculations do not include analysis of cash flow, borrowing cost for capital expenditures, or development phasing. The following tables present examples of calculations used to determine City connection cost and annual wastewater treatment costs for the City providing service to the mobile home park. See the following tables for a summary of the capital costs, connection costs, annual operational costs, and payback periods for both the present connections scenario and the concept plan scenario. Present Connection Cost Comparison Description New WWTF City Connection Difference "Corrected" Capital $924,000 $1,056,361 $132,361 Annual Operational $76,195 $49,390 -$26,805 Cost Payback Period, Years 4.9 ComparisonConcept Plan Cost Description New WWTF City Connection Difference "Corrected" Capital $2,311,000 $2,640,439 $329,439 Annual Operational $126,921 $105,506 -$21,415 Cost Payback Period, Years 15.4 Riverbend Mobile Home Park WWTF Page 10 of 10 Think Big. Go Beyond. P, "J flF-2s www,ae2s.com Attachment H Darkenwald"s Riverbend Wastewater Company, LLC EXPENSES BY VENDOR SUMMARY January - December 2016 TOTAL Bob Boutin 150.00 City of Big Lake 7,744.00 City of Buffalo 1,437.32 CliftonLarsonAllen LLP 371.25 Darkenwald Corporation 73.00 Darkenwald's Riverbend Company -5,000.00 Duane W. Nielsen Co. Inc. 611.00 Duane's Septic Service LLC 4,450.00 Greg Kasin (deleted) 130.00 Harleysville Insurance Co. 321.31 Hawkins Inc. 4,706.99 Mark A. Dixon 930.00 People Service Inc. 42,437.04 Premier Bank 5.00 Robert J. Hiivala Auditor/Treasurer 5,678.00 Wright Hennepin Electric 11,373.96 TOTAL... $75,418.87 Cash Basis Monday, March 27, 2017 10:26 AM GMT -7 1/1 Exhibit 6 • CONSULTING Table D1 ENGINEERING TRAFFIC FORWARD Forecasted Trip Generation Weekdav Dailv Volumes LAND USE ITE CODE # DEVELOPMENT UNITS QUANTITY DAILY RATE ENTER PERCENT EXIT PERCENT NEW TRIPS ENTER EXIT Residential Condominium/Townhouse 230 Units 192.0 5.81 50% 50% 558 558 Mini -Warehouse 151 Units 97.0 2.50 50% 50% 121 121 Total 679 679 AM Peak Volumes LAND USE ITE CODE # DEVELOPMENT QUANTITY UNITS PEAK RATE ENTER PERCENT EXIT PERCENT NEW TRIPS ENTER I EXIT Single Family Home 210 Units 192.0 0.44 17% 83% 14 70 Mini -Warehouse 151 Units 97.0 0.14 55% 1 45% 7 6 Total 21 76 PM Peak Volumes LAND USE ITE CODE # DEVELOPMENT QUANTITY UNITS PEAK RATE ENTER PERCENT EXIT PERCENT NEW TRIPS ENTER EXIT Single Family Home 210 Units 192.0 0.52 67% 33% 67 33 Mini -Warehouse 151 Units 97.0 0.26 50% 1 50% 13 13 Total 80 46 NOTES: 1. All trip generation rates based on "Trip Generation", Institute of Transportation Engineers, 9th Edition unless otherwise noted. 2. A.M. Trip Generation is for the peak hour of adjacent street traffic (one hour between 7 and 9 a.m.). 3. P.M. Trip Generation is for the peak hour of adjacent street traffic (one hour between 4 and 6 p.m.). PUD Concept Plan Amendment Riverbend North 1 May 23, 2017 DAC16001 S PAC KExhibit 6 Traffic Signal Warrant Analysis ACADEMY Warrants 1- 3 (Volume Warrants) Major Street (N/S Road) Intersection River Road Information Minor Street (E/W Road) Site Access Analyzed with 1 approach lane Analyzed with 2 or more approach lanes Total Approach Volume 610 vehicles Total Approach Volume 46 vehicles Total Ped/Bike Volume 0 crossings Total Ped/Bike Volume 0 crossings Right turn reduction of 0 percent applied Right turn reduction of 0 percent applied Reouction applied to volume Warrant thresholds due to high speeds on River Road. Will Condition A Condition B Condition Satisfied? Not Examined Condition A Condition B Condition A+B* Condition Satisfied? Required values reached for -Notiatisfiled 0 hours Not satisfied 0 hours Not satisfied 0 (Cond. A) & 0 (Cond. B) Criteria - Major Street (veh/hr) 350 525 280 (Cond. A) & 420 (Cond. B) Criteria - Minor Street (veh/hr) 140 70 112 (Cond. A) & 56 (Cond. B) -)nuwu ue dppueu unit' di Ler an auequare Lnai or outer arternauves Mat couia cause less aeiay ano inconvenience to traffic has failed to solve the traffic problems. Condition Satisfied? Required values reached for 0 hours Criteria See Figure Below �ysfrtjcJal��; Irl �tiAi^TrU''!�a`Tf<71[7 �. liC� 1. — - -- - Condition A Condition B Condition Satisfied? Not Examined Required values reached for 0 hours Criteria - Total Approach Volume (veh in one hour) Criteria - Minor Street High Side Volume (veh in one hour) Criteria - Minor Street High Side Delay (veh-hrs) 650 150 See Figure Below 5 600 T G 500 O x U cd Q 400 n 00 x 300 F- j 200 100 `o c 0 a Warrant 2 Threshold —*--Warrant 3 Threshold • Intersection Volumes 0 500 1000 1500 2000 2500 Major Street Volume (Both Approaches) Spack Academy is part of the Spack Enterprise family of companies S a c k MikeQn S PACK CMUN-irING traffic ACADEMY cnrs.Eom TRAFFIC DATA INC. PUD Concept Plan Amendment Riverbend North 2 May 23, 2017 DAC16001