20051360 Ver 2_General Correspondence_20050817

Memorandum of Agreement between the N.C. Department of Environment
and Natural Resources and the Town of Cary Regarding the Use of its (the
Town's) Secondary and Cumulative Impact Master Mitigation Plan
This Memorandum of Agreement (MOA) is made and entered into on the date herein below last
written by and between the Town of Cary (hereinafter "TOWN") and the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (hereinafter "DENR"),
collectively referred to hereinafter as the "Parties".
WHEREAS, the TOWN may be required under the North Carolina Environmental Policy Act
("NCEPA") to prepare an Environmental Document;
WHEREAS, NCEPA environmental documents regarding infrastructure projects are required to
address Secondary and Cumulative Impacts (SCI);
WHEREAS, addressing the SCI of growth and development that may be induced or supported by
proposed infrastructure projects is a repetitive, time-consuming and expensive process for the
TOWN and DENR, and involves addressing essentially the same potential environmental effects
from growth and development and measures for mitigation of such effects for each infrastructure
project;
WHEREAS, it is to the mutual benefit of the TOWN and DENR to develop a more effective
procedure for addressing the SCI of the growth and development facilitated by the TOWN's
infrastructure projects and of the measures implemented or to be implemented by the TOWN to
mitigate those impacts that may occur inside and outside of the Town's planning area;
WHEREAS the TOWN and DENR have agreed to use a single comprehensive document to
address the SCI of growth and development induced or supported by all planned TOWN
infrastructure projects;
WHEREAS, the TOWN and DENR wish to set out in this MOA the procedures to be used and the
obligations and responsibilities of the parties in developing a comprehensive document to satisfy
SEPA requirements that the secondary and cumulative impacts of a proposed infrastructure
project be described and discussed.
THEREFORE, the Parties hereby enter this Memorandum of Agreement.
1. Purpose and Scope of MOA
1.1 Purpose --This MOA defines the duties and responsibilities of the Parties concerning
preparation, review and use of a comprehensive document, called an SCI Master
Mitigation Plan (PLAN), to satisfy NCEPA requirements to address SCI of growth and
development induced or supported by the town's future infrastructure projects.
1.2 Scope --The Plan is intended to address SCI, which may occur inside and outside of the
TOWN's planning area, of growth and development induced and supported by
infrastructure projects and for which DENR is the lead State agency under the NCEPA.
2. Definitions

2.1. "Environmental Document" means an environmental assessment, finding of no
significant impact, environmental impact statement, or record of decision required to be
prepared under North Carolina General Statute § 113A-4(2) and NCAC Title 15A,
Subchapter 01 C.
2.2 "Infrastructure Project" means any utilities, transportation, or other project for the
TOWN's provision of services to its citizens as identified in the PLAN.
2.3 "Planning Area" means the area defined in the PLAN.
3. Secondary and Cumulative Impacts Master Mitigation Plan (PLAN)
3.1. Scope of PLAN. The PLAN to be developed and approved according to this MOA shall
identify the SCI associated with the TOWN's future growth and development including
capital projects that are in various master plans regarding water, sewer and
transportation, and identify the mitigation measures in place for these impacts.
Documentation of the ordinances implementing the mitigation measures shall be
included in the PLAN.
3.2 Scope of Secondary and Cumulative Impacts. For the purposes of this MOA and the
PLAN, secondary impacts are the reasonably foreseeable impacts of growth and
development induced or supported by the proposed infrastructure projects. Secondary
impacts may include changes in the pattern of land use, population, density, or growth
rate and related effects on air, water, and other natural systems. Cumulative impacts are
impacts that result from incremental effects of an activity when added to other past,
present and reasonably foreseeable future activities regardless of what entities
undertake such actions.
3.3 Approved PLAN. The PLAN developed and approved for the purposes of this MOA, and
as may be amended according to the procedures set forth in Section 6, shall be
attached to this MOA as Attachment 1 upon approval.
4. Procedure for Adopting the PLAN
4.1 Draft PLAN -The TOWN shall develop a draft PLAN and submit the document to DENR
for review and comment according to the applicable requirements and established
procedures for Environmental Documents under North Carolina General Statute §
113A-4 and the NCAC Title 15A, Subchapter 01C, including State Clearinghouse
Review and all public meeting, comment and agency review requirements.
4.2 Final PLAN -The TOWN shall develop and adopt a final PLAN to incorporate revisions
agreed upon by DENR and the TOWN as appropriate to address any comments and
recommendations received through the review and comment procedure regarding the
draft PLAN.
4.3 Coordination of the State Clearinghouse Process -The TOWN shall ensure that all
components of the draft and final PLAN and proposed revisions to the PLAN are
submitted to the State Clearinghouse and are reviewed and approved in accordance
with established procedures for Environmental Impact Statements under the NCEPA.
4.4 Copies of the final PLAN -After the State Clearinghouse review and DENR approval of
the PLAN, the TOWN will provide twelve (12) copies of the final PLAN and this MOA to
the DENR's Environmental Review Coordinator (ERC) for distribution to appropriate
DENR agencies and shall post it on the TOWN's website.

5. Reporting Requirements
5.1 Report Required - On a biennial (every two years) basis, the TOWN shall submit a
report to DENR's ERC regarding TOWN actions that affect the PLAN. The reports shall
be submitted to DENR with the first report due one year from the effective date of this
MOA.
5.2 Contents of the Biennial Report -The biennial report shall identify any significant
changes in actual land use or infrastructure that were not anticipated or described in the
PLAN; The report shall also describe any significant or proposed changes to the
TOWN's land use and infrastructure plans; sediment and erosion control programs;
stormwater programs; ordinances related to buffers and open space requirements; and
other major mitigation measures described in the PLAN.
5.3 DENR Review - If requested by DENR, the TOWN will meet with agency
representatives to discuss the report.
6. PLAN Revisions
6.1 The TOWN shall revise the PLAN and submit it to DENR by January 1, 2015 and by
January 1 of each tenth year thereafter. The Secretary of DENR or his/her designee
may require the PLAN to be updated sooner based upon the findings, conclusions, or
contents of the biennial reports and/or the following reasons:
A. The TOWN has made changes to its land use plan and/or infrastructure plans that
may cause significant changes to the elements of the SCI PLAN.
B. DENR provides information and data that demonstrate SCI mitigation presented in
the PLAN have not been effective in addressing the SCI identified in the PLAN.
C. DENR provides information and data that demonstrate the existence of additional
SCI that were not initially identified during the preparation of the PLAN.
D. DENR informs the TOWN that a new Federally listed endangered or threatened
species has been identified within the TOWN's Planning Area, or a change in
characterization or status of a potentially impacted environmental resource has
occurred.
E. DENR informs the Town of a change in characterization or status of a potentially
impacted environmental resource.
F. DENR informs the TOWN of DENR program changes that require consideration of
SCI impacts that were not initially addressed during the preparation of the Plan.
6.2 Approval of PLAN Revisions. Revisions to the PLAN shall be subject to the same review
and approval procedures setout in Section 4 of this MOA.
7. Use and Effect of the PLAN
7.1 DENR shall use the PLAN in reviewing NCEPA documents prepared by the TOWN for
projects that are initiated after DENR views the Plan complete and after the date the
MOA is signed by the Secretary of DENR.
7.2 The Parties agree that the PLAN shall satisfy the SCI discussion requirements of
NCEPA with respect to the environmental impacts of growth and development

associated with projects proposed by the TOWN during the period for which the PLAN is
in effect.
7.3 The PLAN is not intended to address the direct impacts of proposed infrastructure
projects. Direct impacts, including any direct cumulative impacts, and secondary impacts
that are not associated with anticipated growth and development will be discussed in the
ENVIRONMENTAL DOCUMENT for each individual project.
7.4 Participation in the MOA does not limit the ability of the lead agency to determine the
type of ENVIRONMENTAL DOCUMENT required for an individual project
7.5 Endangered species impacts that occur outside the Town's Planning Area, but within the
impact area for a proposed Town infrastructure project will be addressed in the
individual Environmental Document for that project.
8. Relationship to Permitting
8.1 The Parties agree that participation in this MOA not limit the regulatory authority of any
DENR agency or limit the ability of any agency to require additional mitigation for an
individual project as a condition of permit issuance.
8.2 Participation in this MOA does not imply endorsement by DENR of any aspect of the
project that is not subject to the NCEPA.
9. Termination and Dispute Resolution
9.1 Termination -This MOA may be terminated by mutual agreement of the signatory parties
at any time, or by either signatory party by giving Winery (90) days written notice to the
other party. Notwithstanding any termination of this MOA, the terms and conditions of
the MOA shall be honored for any infrastructure improvement projects for which a
NCEPA document has been submitted to the State Clearinghouse for final review prior
to the date of the written notice of termination.
9.2 Conflicts and Disputes - If there is an alleged breach of the MOA or other complaint
giving rise to a conflict or dispute, the party making the allegation must give written
notice to the other party. The parties shall meet to resolve the conflict or dispute. All
conflicts and disputes arising from the implementation of this MOA, including possible
termination, shall be resolved by the Secretary of DENR or his/her designee.
9.3 MOA Administrators -The Environmental Review Coordinator for DENR and the Town
Manager or his designee for the TOWN (or successor offices and designees) are
designated as the contacts for the purpose of notice, implementation, and administration
of the MOA.
10. Effective Dates
The effective date of this MOA is the date of the last signature below, and it shall remain
in effect until December 31, 2035 unless terminated sooner as provided herein.
In Testimony Whereof, TOWN and DENR have caused this AGREEMENT to be executed by
their respective representatives and attested to by their respective Clerks, on this the
day of , 2

Town of Cary NC Department of Environment and Natural
Resources
Signature Signature
Name (printed) William B. Coleman, Jr. Name (printed)
Title Town Manager Title
Date Date
Attested
Signature
Title Town Clerk
Date
Attested Signature
Title
Date
William G. Ross, Jr.
Secretary