20051360 Ver 2_Staff Comments_20051130

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Local Regulations and Programs
Environmental protection is a cornerstone value in the Town of Cary. The Town of Cary
has developed several programs to meet its internal goals to provide a quality life for its
citizens. To meet those goals it has established an open space and historic resources master
plan with emphasis on protecting important habitat areas and water quality; a parks,
recreation and cultural resources master plan; a growth management plan; and land use
plans that encourage growth in certain areas and discourage growth in other areas. They
have also reviewed their ordinances to allow cluster development to encourage higher
density in parts of a given development and greater preserved open space in other areas.
These plans are implemented through the zoning process. In addition, the Town has
developed a riparian protection program, floodplain program, erosion and sediment control
program, and stormwater program to protect water quality and instream habitat. Table 6-2
summarizes the programs the impact development procedures, and Table 6-3 illustrates the
environmental resources that various programs protect.
The following summary addresses relevant regulations and programs from an
environmental management and land use policy analysis perspective. These local initiatives
to prevent impacts to natural resources will offset future impacts resulting from growth.
TABLE 6-2
Summary of Existing Local Programs
Program Summary
Riparian Buffers The LDO requires 100-foot-wide riparian buffers on all perennial and intermittent
streams that are indicated on the most recent version of a USGS quadrangle
LDO Section 7.3.2 topographic map.
All other surface waters in the Town of Cary indicated on the Soil Survey for Wake
County are required to have 50-foot wide riparian buffers.
The buffers have 3 zones: inner 30 feet (zone 1) has serve development restrictions,
the next 20 feet (zone 2) has strict development restrictions, and the outer 50 feet
(zone 3) has moderate development restrictions.
Floodplain Cary has prohibited any residential development in the 100-year flood plain since
Protection 1978. This includes prohibiting development where the first floor elevation is above the
100-year flood plain.
LDO Section 7.5
Cary's LDO requires that all residential lots platted after May 2001 be platted outside of
LDO Section 3.12 flood plains and stream buffers. New construction or substantial improvements to any
residential structure must be located outside the flood hazard area and have the lowest
floor at least two feet above the base flood elevation.
The Town of Cary allows non-residential development in flood plains if the first floor is
2 feet above the flood plain elevation, but only through a special use permitting
process that discourages most development from occurring in the flood plain. No
encroachment, including fill, is allowed in the floodway unless a Special Use Permit is
issued.
SECT6_CARY_MITIGATION_VB.DOC

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Erosion and The Town of Cary's sediment and erosion control practices support an overall stream
Sediment Control Protection plan by limiting in-stream suspended sediment and sediment deposition.
Program The erosion and sediment control strategy is discussed at apre-construction
conference through the permit and plan approval process which also allows for the
LDO Section 7.4 review of stormwater controls.
LDO Section 3.13 The Town of Cary does not allow any land-disturbing activity in proximity to a lake or
natural watercourse unless erosion and sedimentation control measures are present.
An undisturbed buffer may be used provided the undisturbed zone shall be sufficient
width to confine visible siltation within the 25% of the undisturbed zone nearest the
land disturbing activity.
The Town of Cary requires tree protection fencing and silt fencing as erosion and
sediment control measures, along with perimeter ditches or perimeter swales, if
practical.
The Town of Cary requires the sediment and erosion control plans use the proven
latest technology related to erosion and sediment control practices and limit the time of
exposure.
The Town of Cary also encourages contractor education and training related to erosion
and sediment control.
stormwater Developers must determine the nitrogen loading attributed to the new development
Program and and install BMPs to meet established goals; policy applies in Cape Fear River Basin as
Impervious Surface well as Neuse River Basin.
Limitations The Town of Cary also requires that the pre-development peak runoff rate be
LDO Section 7.3.3 maintained. -f the difference between pre- and post- runoff exceeds 10%, the
to 7.3.8 developer must capture the entire difference on-site.
LDO Section 4.4.6 On 27 February 2003 the Cary Town Council approved its Phase II Federal NPDES
Stonnwater compliance application. The Phase II program will regulate discharges of
stormwater to surface waters and will require control of suspended solids, fecal
coliform and nutrients town-wide. DWO's current Phase II regulations require that the
overall runoff volume be controlled.
The Town of Cary has impervious surface limitations in its water supply watersheds.
For low density development options without stormwater controls, the impervious
surface limitations range from 12 percent to 36 percent. Under Phase 2, any
development that exceeds 24 percent will be required to implement stormwater BMPS.
Cary has an active stormwater education program.
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SECT6_CARY_MITIGATION_VS.DOC

Agenda
November 30, 2005
Meeting with DWQ and USACOE re: Morrisville Parkway Bridge Project
• History
• PCN Application
• DWQ Response Letter
-Our concerns/responses to the response letter
• Issues Surfacing re: Secondary and Cumulative Impacts
• Applicability of TOC's Approved SCIMP Plan to this and other transportation
projects
Miscellaneous questions from other TOC officials unable to make today's meeting:
Q: Has NCDOT submitted and received approval for 404/401's for the entire I-540 outer
loop around Raleigh yet? If not, why is TOC being told to do this for similar roadway
projects that are extremely long-term in nature (10-20 years out)?
Q: How can TOC implement long term permit applications when we do not have projects
funded, approved, or otherwise realized over 10-20 year future planning horizons?
Q: Can long term (15-year or more) 404's/401's be issued?
Q: Regarding long-term 404's/401's...if so, how will that play into future Cape Fear
Basin (CFB) buffer rules that probably will probably exist 10-years from now (or
sooner) i.e., for extreme western portion of long-range Morrisville Parkway
leading into Chatham County . In other words...will the 404/401's become
obsolete once CFB rules are enacted?
Q: Is DWQ categorizing every headwater in Cary as a 303-D listed stream? This seems
to be contrary to EPA's 303 rules. The State's map shows only five 303-d listed streams
in Wake County...the DENR map does not include headwaters on it so why does the
DWQ response letter reference impacts to headwaters?
Q: Why cant the extensive efforts of the recently approved SCIMP plan be used for
addressing secondary and cumulative impacts that are not necessarily SEPA/NEPA
triggered? They are the exact same impacts regardless...seems extraordinarily wasteful
and duplicative to be asked to do this over and over again for individual transportation
projects.

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