The North Carolina (State) Environmental Policy Act (SEPA) requires projects that involve public funding that exceed certain minimum criteria include the preparation of an environmental document (environmental assessment [EA] or environmental impact statement [EIS]). These environmental documents must outline the direct, indirect (or secondary), and cumulative impacts to natural, cultural, and historical resources.

Typically, EAs or EISs are developed for a given infrastructure project. Each individual EA or EIS includes summaries of the direct, secondary, and cumulative impacts. Inefficiencies from developing documents in this manner include the following:

Project Area – Frequently the project area for a given infrastructure project includes a small portion of a given municipality. Thus, a holistic view of the growth-related impacts throughout the jurisdiction may not be included in the document.
Documentation Inefficiencies – Often the secondary and cumulative impacts of various infrastructure projects are similar. Thus, multiple environmental documents contain secondary and cumulative impacts sections that are largely redundant.
Review Inefficiencies – Regulatory agencies review similar information on secondary and cumulative impacts and the local programs in place to mitigate them for various infrastructure projects for a given municipality. Consequently, numerous individual projects require similar comments and negotiations occur on numerous projects, consuming regulatory agency and local government time.
Governing Board and Capital Planning – Typically, utility or public works departments develop environmental documents to support permitting decisions, and the permitting authority may include conditions in the permit to address project impacts. Conditions related to secondary and cumulative impacts sometimes require ordinance changes or jurisdiction-wide policy changes. The municipal department typically does not have authority to implement such requirements, which require Town Council action. Reviewing secondary and cumulative impacts in one holistic document will help streamline this process as well.

These inefficiencies result in frustration for both the regulatory agencies and the regulated community. Thus, the Town of Cary developed a Secondary and Cumulative Impacts (SCI) Master Mitigation Plan to address the secondary and cumulative impacts for all planned infrastructure. Inclusion of all infrastructure plans in one document provides a holistic review of Cary’s growth projections and infrastructure being designed to support that growth. While EAs or EISs are developed for individual projects to examine the direct impacts of the projects, these documents will reference the SCI Master Mitigation Plan for secondary and cumulative impacts, avoiding redundancy.

The Town of Cary has entered into an memorandum of agreement (MOA) with the Department of Environment and Natural Resources (DENR) that outlines how the SCI Master Mitigation Plan document will be used, the time period during which it can be cited in individual EAs and EISs, and under what circumstances it must be updated more frequently.

The study area for the SCI Master Mitigation Plan document consists of the Town’s Planning Area. The Planning Area boundaries are based on a combination of the urban service area, extraterritorial jurisdiction (ETJ), and the Land Use Plan boundary, as well as recent boundary and urban service area agreements with the Town of Holly Springs and the Town of Apex. The Planning Area covers approximately 78 square miles and is located in the Neuse and Cape Fear River Basins.

Infrastructure – Part of the Town’s mission is to provide responsible leadership for controlled infrastructure development. Cary promotes orderly growth through development and implementation of the Town Standard Specifications and Details Manual. The Town also has developed a comprehensive transportation plan and master plans for providing water and sewer services to its citizens in a manner that will protect water quality, air quality, open space, and wildlife habitat. The Town has current and planned regional water and wastewater facilities. For example, the Town shares its water treatment plant (WTP) with Apex and supplies water to Morrisville. In addition, an ongoing study will result in a regional plan for wastewater treatment and conveyance in western Wake County that includes the Towns of Apex, Morrisville, and Holly Springs.

Existing Conditions – Within the Planning Area, existing environmental conditions were assessed to facilitate the identification of potential SCI to the natural environment as growth occurs.

The presence or potential habitat of protected species were considered. A bald eagle (Haliaeetus leucocephalus) nesting site is present within the Planning Area near Lake Crabtree. Of particular note is a survey of freshwater mussel species in the Middle Creek and Swift Creek watersheds. No individuals, live or relic, of the Federally endangered dwarf wedgemussel (Alasmidonta heterodon) were found during the survey.

Secondary and Cumulative Impacts – Table ES-1 summarizes potential SCI to the Planning Area, the likelihood of impacts, and the mitigation measures in place to address them. These mitigation measures will offset environmental impacts associated with growth that are likely to occur with or without planned infrastructure projects. The Town is taking progressive steps to protect its environmental heritage by developing many programs to balance the competing goals of growth and environmental protection.

Main SCI concerns include the loss of open space (including forests and agricultural lands) and the potential for impacts to water resources, aquatic habitats, and associated aquatic species including freshwater mussels.

Mitigation – Many measures are currently in place to limit SCI as growth occurs in the Town. Planning processes will guide development in appropriate areas. Ordinances protect open space, water supply watersheds, stream buffers, floodplains, and wetlands; and require stormwater controls to limit water resources impacts. These efforts protect the Town’s natural resources and quality of life for its citizens. A summary of these mitigation efforts and their applicability to each of the natural and cultural resources analyzed under SEPA guidelines is presented in Table ES-1.

TABLE ES-1 Areas of Potential Impacts to be Addressed by Permitting and Mitigation Programs
Environmental Resource	Potential for SCI	Types of SCIs	Mitigation Programs
Topography and Floodplains	LI	Some floodplain loss from commercial development Isolation of floodplain from stream by channel entrenchment; loss of nutrient exchange capabilities	Floodplain Protection – No residential development or fill in floodplain; commercial development in floodplain must obtain special use permit which limits development in floodplain (Town permits approx. 1 /year Open Space Goals and Land Use Plans often preserve additional corridors along required riparian buffers
Soils	PI	Soil erosion and compaction from new development	Erosion and Sediment Control Program Open space preservation efforts Land Use Planning – encourages development in Town Center and growth corridors to limit areas of disturbance
Land Use	PI	Conversion of agricultural and forested land uses to mainly residential land uses	Land Development Ordinance Land Use Planning encourages development around town center, selected corridors, and mixed use developments Growth Management Plan Parks, Recreation, Greenway, and Open Space Planning
Wetlands	LI	Loss through development; subsequent loss of habitat and habitat fragmentation, reduction in genetic diversity, and loss of attenuation of flow Loss of wetland function through pollutant loading	Wetland Protection through Section 404 and Section 401 Riparian Buffers – 100 feet on perennial and intermittent streams Floodplain protection ordinance Stormwater programs reduce pollutant loads to wetlands
Prime or Unique Agricultural Land	PI	Conversion to other uses	Land Use Planning Wake County Voluntary Agricultural Districts Wake County Tax Incentive Programs
Public Lands and Scenic, Recreational Areas, and State Natural Areas	LI	Possibility of conversion of adjacent land uses	Parks, Recreation, Greenway, and Open Space Planning
Areas of Archaeological or Historical Value	LI	Possibility of conversion of adjacent land uses Structural damage due to acid rain and vibrations	Land Use Planning Open Space and Historic Resources Plan
Air Quality	LI	Reduction in air quality due to increased vehicular traffic Negative impacts to human health (i.e. asthma); acid rain; reduced visibility	Wake County Air Quality Task Force Transportation elements of bicycle lanes, greenways, and alternative methods such as light- rail and alternative fuel vehicles C-Tran system – mass transit for Cary and surrounding areas Alternative fuel vehicles used by Town of Cary LDO connectivity requirement Tree Protection Ordinance
Noise Levels	PI	Increase in overall noise level in Planning Area Negative impacts to human health	Transportation Planning Development buffers
Surface Water Resources	PI	Water quality degradation; increase in stormwater runoff Alteration of natural hydrograph (i.e. magnitude, timing, frequency, duration, rate of change); lower and more frequent low-flow conditions; alteration of channel morphology	Riparian Buffers – 100 feet on perennial and intermittent streams Floodplain Protection – No residential development or fill in floodplain Stormwater – Impervious limited to 12-36 percent, or stormwater controls required; Phase II requires runoff volume be controlled; outfall velocity requirements Erosion and Sediment Control – Plan review and pre-construction process; plan required at 12,000 sq. feet. Wetland Protection through Section 404 and Section 401 Watershed Protection Overlay District – establishes additional stringent regulations for water supply watersheds Clean Water Management Trust Fund – Funding to protect floodplains and buffers on White Oak Creek and implement headwater stormwater controls on Swift Creek Work with agencies to identify restoration projects and funding to improve water quality in 303(d) listed streams Open space preservation efforts
Groundwater Resources	LI	Reduction in use for drinking water; potential to become contaminated Groundwater inflow provides base flow in streams, which supports life during droughts	Failing septic systems taken offline as infrastructure developed Town piloting LID project and hosting LID workshop; LID practices will help maintain infiltration and stream base flow
Forest Resources	PI	Conversion to other uses Reduction in air quality; increase in near-surface air temperature; habitat fragmentation	Riparian Buffers – 100 feet on perennial and intermittent streams Parks, Recreation, Greenway, and Open Space Planning – protect important habitat areas and examine connectivity Lane Use Planning – encourages development in Town Center and growth corridors
Shellfish or Fish and their Habitats	PI	Possible aquatic habitat degradation Disruption of food chain; reduction in aquatic insect number and diversity through loss of riffle habitat; reduction in potential for long-term population sustainability	Riparian Buffers – 100 feet on perennial and intermittent streams Floodplain Protection – No residential development or fill in floodplain Stormwater – Impervious limited to 12-36 percent, or stormwater controls required; outfall velocity requirements Erosion and Sediment Control – Plan review and pre-construction process; plan required at 12,000 sq. feet. Wetland Protection through Section 404 and Section 401 Watershed Protection Overlay District – establishes additional stringent regulations for water supply watersheds Clean Water Management Trust Fund – Funding to protect floodplains and buffers on White Oak Creek and implement headwater stormwater controls on Swift Creek Open space preservation efforts
Wildlife and Natural Vegetation	PI	Reduction in available habitat Habitat fragmentation; reduction in genetic diversity; reduction in species tolerance; increased dispersal distance to suitable habitat; reduction in potential for long-term population sustainability	Riparian Buffers – 100 feet on perennial and intermittent streams Parks, Recreation, Greenway, and Open Space Planning – protect important habitat areas and examine connectivity Endangered Species Act
Introduction of Toxic Substances	LI	Increase in likelihood of contamination Negative impacts to human health	Land Use Planning/Zoning - controls uses Stormwater education programs

LDO = Land Development Ordinance PI = Areas of Potential Impact (major relevance in NCEPA documents and permitting applications)
LI = Areas of Limited Impact (minor relevance in NCEPA documents and permitting applications)

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SECTION 1

Introduction

The North Carolina (State) Environmental Policy Act (SEPA) requires that projects that involve public funding that exceed certain minimum criteria include the preparation of an environmental document (environmental assessment [EA] or environmental impact statement [EIS]). These environmental documents must outline the direct, indirect (or secondary), and cumulative impacts to the following resources:

Topography and floodplains
Soils
Land use
Wetlands
Prime or unique agricultural land
Public lands and scenic and recreational areas
Cultural/historical resources
Air quality
Noise
Surface and groundwater resources
Forest resources
Shellfish and fish
Wildlife and natural vegetation
Toxic substances (if applicable)

Direct impacts are those impacts that are caused by the construction and operation of the given project.ndirect or secondary impacts are “caused by and result from the proposed activity although they are later in time or further removed in distance, but they are still reasonably foreseeable” (15A North Carolina Administrative Code [NCAC] 1C. 0101(d)(4)). Thus, secondary impacts include the impacts of growth that a given project may help support.

Cumulative effects or impacts are defined as “resulting from the incremental impact of the proposed activity when added to other past, present, and reasonably foreseeable future activities regardless of what entities undertake such other activities” (15A NCAC 1C. 0101(d)(2)). Cumulative impacts include the direct and secondary impacts that occur when examined in conjunction with other proposed infrastructure projects. This document focuses on secondary impacts and cumulative indirect impacts. Cumulative direct impacts will be addressed in individual EAs or EISs.

Project Area – Frequently the project area for a given infrastructure project includes a small portion of a given municipality. Thus, a holistic view of the growth-related impacts throughout the jurisdiction may not be included in the document.
Documentation Inefficiencies – Often the secondary and cumulative impacts of various infrastructure projects are similar. Thus, many environmental documents contain secondary and cumulative impacts sections that are largely redundant.
Review Inefficiencies – Regulatory agencies review similar information on secondary and cumulative impacts and the local programs in place to mitigate them for various infrastructure projects for a given municipality. Consequently, numerous individual projects require similar comments and negotiations, consuming regulatory agency and local government time.
Governing Board and Capital Planning – Typically, utility departments develop environmental documents to support permitting decisions. If the permitting authority includes specific permit conditions to address impacts from a given project, the utility department may be precluded from addressing these impacts. For example, if requirements for ordinance changes are included in the permit conditions, these must be approved by the Town Council. Reviewing secondary and cumulative impacts in one holistic document will help streamline this process as well.

These inefficiencies result in frustration for both the regulatory agencies and the regulated community. Thus, the Town of Cary developed this secondary and cumulative impacts master mitigation plan (SCI Master Mitigation Plan) to address the secondary and cumulative indirect impacts for all planned infrastructure. Inclusion of all infrastructure plans in one document provides a holistic review of Cary’s growth projections and infrastructure being designed to support that growth. While EAs or EISs are developed for individual projects to examine the direct impacts of the projects, these documents will reference the SCI Master Mitigation Plan for secondary and cumulative indirect impacts, avoiding redundancy.

The Town of Cary has entered into an memorandum of agreement (MOA) with the Department of Environment and Natural Resources (DENR) that outlines how the SCI Master Mitigation Plan document will be used, the time period during which it can be cited in individual EAs and EISs, reporting requirements, and under what circumstances it must be updated more frequently. The SCI Master Mitigation Plan is actually an attachment to the MOA.

1.1 SCI Master Mitigation Plan Process

This document was developed following an approach similar to an EIS. A scoping document was developed and submitted to the State Clearinghouse for review and comment. A meeting was also held during the scoping process to explain the purpose of this process and plan and solicit preliminary comments from the agencies. Based on the comments received at the meeting and through scoping, a draft SCI Master Mitigation Plan was prepared and submitted to DENR, the lead agency for review and comment. All agency comments are included in Appendix A.

An EIS does not require a determination of whether impacts are significant. Thus, this document uses qualitative analyses of available data and literature to determine whether impacts to a given resource may occur. The document also outlines the mitigation strategies in place to address those impacts. However, no quantitative analysis was performed to determine the level of significance of the impacts.

It should also be noted that for a given infrastructure project, DENR may determine that the programs described in this document are insufficient to address the secondary and cumulative impacts of that project. In this case, this document will still be used to meet SEPA requirements, but additional requirements could be placed in the permit condition.

1.2 Project Study Area

The study area for the SCI Master Mitigation Plan document consists of the Town’s Planning Area (Figure 1-1). The Planning Area boundaries are based on a combination of the urban service area (USA), extraterritorial jurisdiction (ETJ), and the Land Use Plan boundary, as well as recent boundary and urban service area agreements with the Town of Holly Springs and the Town of Apex. The Town of Cary’s Planning Area is approximately 78 square miles.

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The ETJ represents the area beyond the Town limits where the Town has zoning and regulatory authority. State law authorizes municipalities to have ETJ to allow control of development in areas that are expected to come within their corporate limits in the near future. This enables municipalities to ensure that development patterns and associated infrastructure will allow the efficient provision of urban services.

The Wake County Board of Commissioners evaluates the following criteria when they consider expansions of a Town’s ETJ:

Location of land - is it within the municipality’s USA
Demonstration of a commitment to comprehensive planning through official action of a governing body
Adoption of any required special regulations (e.g., water supply watershed, special transportation corridors)
Provision of water and sewer service within 5 years (Evidence the system is designed with adequate treatment capacity and required improvements are included in the capital improvements program [CIP].)
Evidence of feasibility for urban density development
Anticipation of annexation within 10 years
Demonstration of progress in annexing and supplying municipal services throughout the entirety of its existing ETJ

USA represents areas where the County envisions that the Town will ultimately provide utility service. The Town does not have zoning authority outside the ETJ even in areas within the USA. Wake County determines the USA and a Town does not have the authority to make modifications to the boundaries. New development within the USA is according to Town standards if annexation is requested and to Wake County standards if annexation is not requested. In order for the Town to provide utility services to new development, it typically requires annexation or will provide service at rates significantly higher than the typical rates. Because of these policies, the Town rarely provides utility service to areas outside their ETJs.

Annexation is a governing board decision. Areas outside a Town’s ETJ may request annexation, which often occurs when these areas desire utility service. For areas previously developed under Wake County development standards, a situation (e.g., septic failures) may occur that could cause areas currently outside the Town limits to come into compliance with Town standards when requesting utility services or annexation. On the rare occasion that annexation by the Town does not occur, Wake County policies described in the Appendix will apply for these areas.

The less dense development that typically occurs when annexation is not requested is usually served by onsite water and wastewater or small community wells and package plants, and is subject to County—rather than municipal—development requirements. Systems to treat wastewater generated by this growth do not have requirements for licensed operators to be onsite 24 hours, and there are no requirements for the operation and maintenance of septic systems. Additionally, small developments that occur outside municipal jurisdiction often fall below thresholds for stormwater, open space preservation, and erosion and sediment control as required by the state or county.

Because development outside a Town’s ETJ will follow Wake County development requirements if annexation by the Town is not requested, a description of Wake County’s programs that mitigate growth impacts is included in Appendix B. Wake County is an active participant in the process to develop this document. Wake County does not provide infrastructure; therefore, Wake County has decided not to prepare its own SCI Master Mitigation Plan. Within Wake County, the North Carolina Department of Transportation (NCDOT) provides transportation infrastructure and the municipalities provide water and sewer infrastructure. Wake County does have riparian buffer, stormwater and other mitigation programs in place which are described in Appendix B.

Land Use Planning serves as a basis for the SCI Master Mitigation Plan. Land use plans indicate how a Town would like development to occur if a landowner chooses to develop the property. A land use plan cannot limit a property owner’s decision to develop their land. Zoning which is based on the land use plan can limit the type of development a property owner can execute.

The land use planning and infrastructure planning process is a dynamic process. The future land use plan and proposed infrastructure plan are linked to population projections and reassessed as elements change over time. As a future land use plan is modified, the proposed infrastructure plan is modified to ensure adequate infrastructure for future population predictions. Zoning, which is guided by the land use plan, may be modified. Future land use plans typically coincide with planned infrastructure time frames of 25 to 30 years.

The Town of Cary provides water and sewer service to Research Triangle Park (RTP) South and to the Raleigh-Durham (RDU) airport. RTP South is covered by the Wake County programs described in Appendix B. However, RTP South also has more extensive open space and riparian buffer corridors than those required by Wake County. Thus, its planning efforts are also described in Appendix B. The RDU airport is located in Wake County and is also covered by a National Pollutant Discharge Elimination System (NPDES) stormwater permit. In addition, all activities completed by the RDU airport are under the jurisdiction of the Federal Aviation Administration (FAA) and are subject to the National Environmental Policy Act (NEPA). All projects planned at the airport must develop a NEPA document that addresses secondary and cumulative impacts. The airport has completed an EA for a safety area expansion of a runway and has plans to develop another runway. However, there is no schedule for this project. There are not other planned projects at RDU for the next 15 to 20 years that would require an EA or EIS (Powell, 2005). The environmental documentation indicates that the primary purpose for RDU projects is to increase safety or quality of service. RDU is not increasing its operating capacity (Kimley-Horn and Associates, 2003).

1.3 Organization of Document

This document contains the Town of Cary’s SCI Master Mitigation Plan document. The remaining sections include:

Section Description

2. Background and description of infrastructure master plans for wastewater, water, reclaimed water, and transportation

3. Purpose of and need for proposed infrastructure

4. Existing environment in the Planning Area

5. Secondary and cumulative impacts related to projected growth in the Planning Area

6. Description of mitigation plan to address secondary and cumulative indirect impacts in the Planning Area

7. Summary of secondary and cumulative impacts and mitigation programs

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SECTION 2

Background and Description of Infrastructure Master Plans

The Town of Cary has developed a comprehensive transportation plan and master plans for providing water and sewer services to its citizens in a manner that will protect water quality, air quality, open space, wildlife habitat, and other environmental characteristics. The plans outline future transportation corridors and roadway improvements and provide the general sizing and location of facilities such as the water treatment plant (WTP), water distribution lines, booster pump stations, and water towers; gravity sewer lines; wastewater pump stations; and sewer force mains. In addition, an ongoing study will result in a regional plan for wastewater treatment, conveyance, and surface water disposal in western Wake County.

2.1 Wastewater

2.1.1 Existing Wastewater System

The wastewater collection and treatment system for the Town of Cary consists of gravity lines, pumping stations and force mains conveying flows to the North Cary water reclamation facility (WRF) and the South Cary WRF.

The North Cary WRF currently discharges approximately 6.5 million gallons per day (MGD) on an annual average basis to Crabtree Creek between the Lake Crabtree dam and Interstate 40 and has a permitted maximum month discharge capacity of 12 MGD. The current maximum month treatment capacity at the North Cary WRF is 10 MGD, and it has a 4.28 MGD permit for reuse of wastewater effluent as reclaimed water for irrigation and other nonpotable uses. Expansion of the North Cary WRF to 12 MGD capacity is expected to be complete in mid-2005.

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The South Cary WRF currently discharges an annual average of approximately 5.2 MGD to Middle Creek between Sunset Lake and Johnson Pond Road (State Route [SR] 1404) and has a permitted maximum month discharge capacity of 16 MGD. The current maximum month treatment capacity at the South Cary Plant is 12.8 MGD, and it has a 0.86 MGD permit for reuse of wastewater effluent as reclaimed water for irrigation and other nonpotable uses.

Each of these plants includes state-of-the-art treatment with advanced nutrient removal capabilities because they discharge into the designated Nutrient Sensitive Waters (NSW) of the Neuse River Basin.

The Town of Cary also provides wastewater collection and treatment for the Town of Morrisville, the Raleigh-Durham International Airport, and the Wake County portion of Research Triangle Park (RTP South). These users contribute to the North Cary Plant and have existing agreements with the Town of Cary to plan for and provide for flows based on annual user projections. Cary will work with the users to plan for any sudden increases. The system serves residential, commercial, institutional, and industrial customers. The Town’s industrial community includes several major employers, such as IBM, SAS Institute, Caterpillar, John Deere, and Lucent Technologies.

The Town of Cary system includes numerous drainage basins. Sewer lines generally flow by gravity, following the natural drainage, until they reach a WRF or a point where they are pumped out of the basin to another drainage basin. Main sewer lines can receive flows from numerous tributary drainage basins as well as flows pumped from other drainage basins. Thirty-one subbasins (12,969 acres) are served by gravity or pumped to the North Cary WRF, while 26 subbasins (13,031 acres) are served by gravity or pumped to the South Cary WRF. Twelve subbasins in the West Basin are tributaries to waters in the Cape Fear River Basin that flow into Jordan Lake. Flows from these 12 subbasins, along with the 19 subbasins in the North Basin, are presently pumped to the North Cary WRF for treatment.

In June 2003, these plants were served by approximately 518 miles of gravity interceptors, approximately 45 miles of force mains, and 29 pump stations (Hazen and Sawyer, 2003). Figure 2-1 illustrates the locations of the WRFs, pump stations, force mains, and gravity lines that are 8 inches or larger. North Cary WRF has 307 miles of gravity lines, 25 miles of force mains, and 15 pump stations. Four of the 15 pump stations currently service the area in the Cape Fear River Basin that will eventually be redirected to a new WRF for the western Cary service area. South Cary WRF has 211 miles of gravity lines, 20 miles of force mains, and 14 pump stations.

2.1.2 Future Wastewater System

One of the projects that will require an environmental document that references the secondary and cumulative impacts mitigation plan is a new WRF to treat wastewater and return reclaimed water to the Cape Fear River Basin. The Town of Cary is working with the Towns of Apex and Morrisville to construct and operate the WRF, and the Town of Holly Springs will share the outall line which will discharge to the Cape Fear River below Buckhorn Dam. The planned location of the proposed plant is in southwestern Wake County within the Cape Fear River Basin. The exact location will be identified in an EIS that examines the direct impacts of the proposed plant on environmental resources. Figure 2-2 shows the anticipated service area for the proposed Western Wake WRF and the Study Areas/Planning Areas of the four involved municipalities.

Figure 2-2 illustrates that the service area for the proposed WRF extends beyond the Town of Cary’s Planning Area. This is because the Town provides water and sewer service to RTP South and the RDU airport. RTP South is covered by the Wake County programs described in Appendix B. However, RTP South also has more extensive open space and riparian buffer corridors than those required by Wake County. Thus, its planning efforts are also described in Appendix B. The RDU airport is located in Wake County and is also covered by a National Pollutant Discharge Elimination System (NPDES) stormwater permit. In addition, all activities completed by the RDU airport are under the jurisdiction of the Federal Aviation Administration (FAA) and are subject to the National Environmental Policy Act (NEPA). All projects planned at the airport must develop a NEPA document that addresses secondary and cumulative impacts. The airport has completed an EA for a safety area expansion of a runway and has plans to develop another runway. The environmental documentation indicates that the primary purpose for RDU projects is to increase safety or quality of service. RDU is not increasing its operating capacity (Kimley-Horn and Associates, 2003).

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The Town developed its Wastewater Collection System Master Plan (Wastewater Plan) in June 2003 (Hazen and Sawyer, 2003). The Wastewater Plan provides a long-term strategy for implementing system improvements to meet the projected wastewater flows for the collection system in several planning periods within Cary’s utility service area. The report identified system improvements to provide capacity for peak wastewater flows to minimize the potential for overflows in the collection system. Recommendations were provided for new gravity interceptors, parallel gravity interceptors, new force mains, parallel force mains, new pump stations, and expanded pump stations.

Plans exist for approximately 78 miles of gravity sewer lines, 25 miles of force mains, and 17 new or expanded pump stations. These figures represent the trunk lines; however, many more miles of gravity lines will feed these trunk lines. Figure 2-1 illustrates the location of the proposed infrastructure, including the pump stations, force mains, and gravity lines that are 8 inches or larger. A detailed summary of proposed capital improvements is presented in Appendix B. The exact locations of the proposed infrastructure will be determined during the environmental studies that examine the direct impacts of the proposed infrastructure. However, general locations are known and are supported by the Land Use Plan and population projections; thus, secondary and cumulative impacts are identifiable at this time.

2.1.3 Reclaimed Water

The Town of Cary recognizes that water resources in the RTP region are becoming increasingly scarce. Cary’s reclaimed water program is an initiative to recycle a valuable resource. The program is intended to provide a safe, cost-effective, and beneficial alternative to using valuable drinking water for some non-potable water needs.

In Cary, as much as half of the drinking water used on peak days during the summer can be for nonconsumptive uses such as irrigation or cooling towers. Under this program, reclaimed water is available via bulk distribution and through pipes to certain areas of the town. Reclaimed water is provided as a replacement for certain types of water uses that do not require potable water, and rates are lower than those for drinking water. Reclaimed water use extends the service life of the drinking water plant and the life of a water supply, recycles a valuable resource, and reduces the amount of treated wastewater discharged to surface waters.

According to the Western Wake County Regional Wastewater Treatment Studies Project Phase 1 (CDM, 2004), Cary could have an annual average reclaimed water demand of 3.3 MGD by year 2030 (CDM and Hazen & Sawyer, 2004). Cary has defined three reclaimed water service areas in the northeast, northwest, and southern portions of its jurisdiction and long-range urban service area (LRUSA). The reclaimed water program has two components: two reclaimed water piping systems and two bulk water distribution centers. One of each is at the North Cary and South Cary WRFs. The piping system runs parallel to existing drinking water lines in the vicinity of the North Cary and South Cary WRFs. The Reclaimed Water System was put into service on June 12, 2001. Expanding the reclaimed water system is consistent with Cary’s Reclaimed Water Policy Statement, which aims to protect the region’s finite natural resources, reduce potable water demands, and reduce nutrient loadings in the Neuse River Basin.

Cary’s Capital Improvements Plan (CIP) specifically lists reclaimed water projects that will be implemented in the next few years. The Town is working with Durham County and Wake County to bring reclaimed water to the Wake County portion of RTP. In addition, reclaimed water from Durham County will be piped to Thomas Brooks Park and from the North Cary WRF to the western side of town.

Exact locations of the proposed infrastructure will be determined during development of the environmental documents that examine the direct impacts of the infrastructure. However, general locations that are described above are supported by the Land Use Plan and population projections; thus, secondary and cumulative impacts are identifiable at this time.

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2.2 Water

2.2.1 Existing Water System

The Town of Cary obtains its drinking water from Jordan Lake. The water is treated at the Cary/Apex WTP, as shown on Figure 2-3. Raw water from Jordan Lake is conveyed aboutu 4 miles to the WTP, which is located on Wimberly Road (SR 1603). The WTP has a current capacity of 40 MGD. Maximum daily use in 2004 was 25.8 MGD. To distribute water to Cary citizens, the Town of Cary maintains approximately 630 miles of transmission lines with diameters ranging from 2 to 42 inches. The distribution system includes four pump stations: Trinity Road, Durham Davis Drive, Old Apex Road, and Plumtree Way. The Trinity Road pump station provides emergency connection with the City of Raleigh, and the Durham Davis Drive pump station provides emergency connection with the City of Durham. Storage is provided in seven tanks: North Harrison, Kildare Farm, Ridge View, Maynard, Carpenter, Plumtree Way, and Old Apex Road.

2.2.2 Future Water System

The Town developed its Water System Master Plan (Water Plan) in March 2000 (Camp Dresser &McKee, 2000). The Water Plan evaluated the existing WTP capacity, pressure zones, pumping systems, transmission and storage facilities. The Water Plan outlines recommended improvements to upgrade the capacity of the transmission system. The expansion of the service areas would allow for the creation of additional pressure zones to eliminate or reduce elevated system pressures that are currently experienced at lower ground elevations.

The Water Plan outlines recommended improvements to upgrade the capacity of the transmission system. These improvements mainly include replacement of existing mains by larger diameter pipes. The transmission line improvements can be classified in three categories:

System reinforcement (to meet projected average day, maximum day, and maximum hour demand conditions)
System reinforcement for fire protection (to meet maximum day plus fire flow demand conditions)
System extensions (new water main installations)

A detailed explanation of proposed capital improvements is presented in Appendix C. Exact locations of the proposed infrastructure will be determined during development of the environmental documents that examine the direct impacts of the infrastructure. However, general locations are known and are supported by the Land Use Plan and population projections; thus, secondary and cumulative impacts are identifiable at this time.

In addition to the transmission system improvements outlined in the Water Plan, the Town plans to expand the WTP capacity when needed; the next expansion process is expected to begin in approximately 2009 for completion by 2012. These plans are included in the Town’s CIP and are described in Appendix C.

2.3 Transportation

The Town of Cary’s Comprehensive Transportation Plan (Transportation Plan)was adopted in May of 2001 (Wilbur Smith, 2001). The Plan seeks to create a safe, convenient, and efficient multi-modal transportation system. The Transportation Plan addresses potential solutions to improve pedestrian, bicycle, transit, and thoroughfare elements in Cary for the future. While the North Carolina Department of Transportation (NCDOT) is responsible for the major highway work that will be done in Cary, the Town’s Transportation Plan includes specific recommendations for thoroughfare improvements. The purpose of the Comprehensive Transportation Plan is to update the official Thoroughfare Plan that is used by local, regional, state, and Federal decisionmakers. The plan reserves land for future transportation corridors and helps guide decisions on setbacks and roadway improvements as development occurs.

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The Comprehensive Transportation Plan has four elements: Pedestrians, Bicycles, Transits, and Thoroughfares. The Pedestrian Element shows the network of walkways that will include sidewalks and greenways, forming an interconnected system. The Bicycle Element shows a network of on-street bikeways, including striped bike lanes, streets with wide outside lanes to accommodate bicycles, and connections to the Town’s greenway system. The Transit Element shows how Cary can begin to look to enhanced regional bus service and future local and feeder bus service within Cary. The Thoroughfare Element shows the network of major and minor roadways that will improve traffic flow over existing conditions and begin to meet some of the anticipated future travel demands.

Figure 2-4 summarizes recommended thoroughfares discussed in the Transportation Plan. A key planned construction project is the NCDOT development of I-540 (outer loop) from NC Highway 55 to the NC Highway 55 Bypass near Holly Springs. Several other roads are also being widened, some with projects undertaken by the Town, to help accommodate the growth. The Transportation Plan for the southwest portion of the Town is being updated in accordance with recommendations from the Southwest Area Plan and should be completed by early 2005. Commuter rail service to connect Cary with Raleigh, RTP, and Durham is projected to begin in 2007 through the Triangle Transit Authority. Exact locations of the proposed infrastructure will be determined during development of the environmental documents that examine the direct impacts of infrastructure. However, general locations are known and are supported by the Land Use Plan and population projections; thus secondary and cumulative impacts are identifiable at this time.

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SECTION 3

Purpose of and Need for Proposed Infrastructure

The purpose of and need for the proposed infrastructure is a function of the Town of Cary’s commitment to its citizens. Part of Cary’s mission is to provide responsible leadership for controlled infrastructure development. Cary promotes orderly growth through development and implementation of the Town Standard Specifications and Details Manual. Through effective planning, the Town has anticipated infrastructure problems and needs by developing cost-effective, viable solutions implemented as a part of the Town’s capital improvements budget. The Town of Cary plans for capital improvements in 10-year increments (Appendix B). Through proper planning, the Town ensures that infrastructure meets the expectations and needs of Cary’s citizens.

The Town of Cary integrates its infrastructure plans with its other planning processes, and understands that infrastructure planning strategies must be formulated and implemented in a manner to balance the competing goals of growth and the environment. By integrating its growth management strategies, land use planning strategies, and infrastructure plans, the Town preserves important ecological areas in the form of open space; ensures that its citizens have adequate recreational resources; and meets water, wastewater, and transportation demands. By integrating >these processes, the Town ensures that infrastructure is commensurate with the projected population of given sections within the Planning Area. Also, proper planning ensures that Jordan Lake drinking water quality is protected and wastewater is treated to levels that protect surface water quality.

The Engineering Department is responsible for planning, design, and construction of capital improvements for the Town of Cary, including street improvements, right-of-way acquisitions, stormwater and utility system improvements, utility plant expansions, thoroughfare planning, and management of development contract and easement releases.

The three main infrastructure elements are wastewater, water and reclaimed water, and transportation. The projects in each area are evaluated against the established goals of the Town.

The primary goals of wastewater projects are to:

Provide adequate collection and treatment (reclamation) of wastewater produced by the system’s customers to a level that meets the permit limits issued by regulatory authorities as cost-effectively as possible
Discharge treated wastewater from each reclamation facility in a manner that protects the receiving streams from pollutants and contamination and groundwater supplies from improper land application of reclaimed water
Ensure that continuing sufficient capacity of wastewater collection and treatment exists to serve the Town’s customers
Ensure that facilities are provided for adequate conveyance of existing and planned wastewater flows
Provide for orderly development of the Town’s wastewater collection and treatment systems
Ensure that strict environmental and regulatory requirements are met in the design and construction of the Town’s wastewater system

The primary goals of water projects are to:

Provide the citizens of Cary with a safe, cost-effective and adequate supply of treated water
Ensure that continuing sufficient capacity of treated water exists to serve the Town’s customers
Establish facilities for adequate transmission of existing and planned water demands at adequate pressure
Provide for the orderly development of the Town’s water treatment, storage, and distribution systems
Ensure that strict environmental and regulatory requirements are met in the design and construction of the Town’s water system

The primary goals of transportation projects are to:

Provide capacity to improve level of service on existing roadways and to provide additional capacity in advance of future growth
Maintain efficient and safe traffic patterns
Offer other means to move people, goods, and information
Provide for the maintenance of infrastructure and prepare for projects in advance to reduce cost and provide better community acceptance as individual decisions can be made with plans in mind

TABLE 3-1 Town of Cary Population Trends and Projections
Year	Population
2000	94,563¹
2005	113,460²
2010	145,720²
2020	204,520²
2030	242,930²
¹ U.S. Census ² CDM et al, 2005

To meet these infrastructure goals, the Town of Cary develops and implements infrastructure plans. These plans are based on the projected population numbers and the Land Use Plan to ensure that adequate capacity exists for future residents at the proper locations. The population projections are consistent with build-out of the Land Use Plan which will occur in roughly 2030.

The Town of Cary grew rapidly in the 1980s and 1990s, but growth has slowed in recent years. The population in Cary was estimated to be 21,763 in 1980 and 94,536 in 2000 (U.S. Census). Population projections for the Town of Cary (Table 3-1) show growth of about 3 percent per year, resulting in about 200,000 residents by the year 2020 (CDM et al, 2005). The Town’s Land Use Plan is described in Section 6.

The Town periodically reviews and updates its population, wastewater, and water supply projections. While minor differences in population projections may occur with these updates, the methodologies and numbers are consistent. The environmental documents that are developed to evaluate direct impacts of specific infrastructure projects will contain thorough justification on why the projects are needed to support the Town’s growing demands. The balance of growth and environmental protection is of critical importance to the Town of Cary.

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SECTION 4

Description of Existing Environment in Planning Area

This section describes the existing environment to facilitate the identification of potential secondary and cumulative impacts to the natural environment as growth occurs in the Planning Area. The data for this section were gathered through literature reviews, internet searches, geographic information system (GIS) queries, phone conversations, letters, and meetings with various resource agency personnel.

4.1 Topography and Floodplains

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Cary is located in the North Carolina piedmont, near the edge of the costal plain, with gently sloping to moderately steep terrain.

Floodplains function as storage areas for surface water during large rainfall events. Within floodplains, microtopography variations often create pockets of riparian wetlands. These riparian areas provide multiple functions, including flood storage, wildlife habitat, corridors for wildlife movement, and water quality functions such as infiltration zones and surface water filtering. Approximately 5.1 square miles of FEMA regulated floodplains are located inside the Planning Area; these floodplains represent 6.5 percent of the Planning Area.

Floodplains within watersheds greater than one square mile are regulated by the Federal Emergency Management Agency (FEMA). Flood Insurance Rate Maps (FIRMs) for the area are dated March 3, 1992 (FEMA, 2004). Regulatory floodplains total 8 percent of the Planning Area, as shown on Figure 4-1. A majority of regulated floodplain area is within the Town’s 100-foot stream buffer zone. Preliminary FIRMs for the Cape Fear River Basin in Wake County are under an appeal period from April 20, 2005 to July 20, 2005. After all appeals and protests are resolved and the 6-month compliance period has ended, final FIRM panels will be issued for the Cape Fear River Basin in Wake County. The appeal period for the Preliminary FIRMs for the Neuse River Basin in Wake County was from July 15, 2004 to October 13, 2004. After all appeals and protests are resolved and the 6-month compliance period has ended, final FIRM panels will be issued for the Neuse River Basin in Wake County.

4.2 Soils

The major soil types are Appling, Creedmoor and White Store. Other soil types include Congaree, Altavista, and Mayodan. These soils are mostly sandy loams. Soil types within floodplains and adjacent to streams include Wehadkee and Chewacla. Many of these soils, especially in the eastern portion of the Planning Area, have been impacted by development and other soil disturbances. These soils are gently sloping to steep, and are well-drained to moderately well-drained.

4.3 Land Use

Figure 4-2 illustrates broad land use categories within the Planning Area. The map shows land that is available for development, land that is already developed, and land that is protected as open space. The developed land is divided into residential and non-residential uses. The open space category includes protected open space, floodplains, parks, and privately held open space. Undeveloped land includes parcels that are 10 acres in size or greater that have a residence on them as these parcels could be subdivided in the future.

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A portion of the parks and privately held open space have been developed for recreational purposes. The Town does not have the data to determine the percentage of open space that is in its natural state.

Table 4-1
Planning Area Existing Land Use
Land Use Type	Square Miles	Percent of Planning Area
Residential Developed	32.4	41.4%
Non-residential Developed	15.0	19.2%
Undeveloped	21.7	27.7%
Open Space*	8.4	10.7%
Open Water	0.7	0.9%
Total	78.2	100%
* Open space area includes <0.1 square miles of WRC Gamelands Source: Town of Cary GIS, 2005

Table 4-1 provides detail on the acres within each broad land use category. As shown in the Table, approximately 60 percent of the Planning Area is developed land; another 28 percent is currently forested, agricultural or vacant (no building on the parcel according to Wake County’s parcel data). According to the Table, approximately 11 percent of the land is protected as open space.

Open Space is underestimated; the riparian buffer and floodplain open space is actually counted in the other land use categories. Figure 4-2 illustrates the riparian buffers within the Town’s Planning Area, and these buffers account for 15.8 square miles (20.2 percent of the Planning Area). The approximately 5.1 square miles of FEMA regulated floodplains are located inside the Planning Area; these floodplains represent 6.5 percent of the Planning Area. Because of the manner in which the data were created, it is difficult to distinguish the riparian buffer area or floodplain area from other land use categories due to technological complexities of the data layers used in the analysis. In addition, other areas within development areas such as perimeter buffers are actually open space.

The actual percentage of open space within the Planning Area is greater than the amount indicated by Table 4-1 and Figure 4-2 due to the following factors: 1) large portions of the areas classified as residential are open space due to the large amount of low-density development; 2) the Town requires open space in residential and commercial developments and 3) the Town requires the protection of 100-foot riparian buffers and floodplains. In addition, as land is developed, the Town requires open space to be provided with the developments. Therefore, although the park and open space uses are limited, there are many areas that are undeveloped open space within the various land use designations.

Table 4-2 breaks the consolidated land use categories out further as provided by the Town’s GIS staff (received April 2005) and based on Wake County’s parcel database; the Town’s land use categories are described in Appendix D. Residential use (41 percent) is the current predominant land use within the Planning Area with the majority of residential use classified as low density (25 percent). Small amounts of clustered high- and medium-density residential developments exist. Commercial, industrial, and institutional land uses comprise 12 percent of the area. The most heavily urbanized areas lie along the I-40 corridor, US Highway 54 corridor, US Highway 1 (US 1) corridor, and in the northern area near RTP.

Table 4-2
Planning Area Detailed Existing Land Use
Land Use Type	Square Miles	Percent of Planning Area	Percent Impervious	Impervious Square Miles
Commercial	2	2.6%	82%	1.6
Office Commercial/Industrial	2	2.6%	82%	1.6
Office Commercial/Institutional	4.7	6.0%	72%	3.4
Institutional	0.6	0.8%	72%	0.4
Mixed Use	0	0.0%	72%	0.0
High-Density Residential	1.7	2.2%	72%	1.2
Medium-Density Residential	1.6	2.0%	44%	0.7
Low-Density Residential	20.0	25.6%	21%	4.2
Very Low Density Residential	9.1	11.6%	6%	0.5
Agriculture/Forest	10.4	13.3%	2%	0.2
Parks	8.4	10.7%	4%	0.3
Lake	0.7	0.9%	N/A	0.0
Utilities	0.1	0.1%	72%	0.1
Vacant	11.3	14.5%	3%	0.3
Transportation	5.6	7.2%	87%	4.9
Total	78.2	100.0%		19.6
Source: GIS Information from Town of Cary GIS, 2005; Percent impervious values from CH2M HILL, 2002b with exception of utilities and vacant land. Vacant land is land that has no building on it according to Wake County’s parcel information; land may be forested or cleared. Agriculture/forest assumed to be average of the values outlined in CH2M HILL, 2002b. Percent impervious values are capped in water supply watersheds. Thus, actual percent imperviousness for a given high density development may not be as high as presented in the Table.

Table 4-2 also includes percentage imperviousness; the values shown on the Table were used in modeling analyses performed for the Town of Cary (CH2M HILL, 2002b). These values are based on literature values. Based on these impervious values, an impervious area for each land use was estimated. These were then summed and divided by the total land area (with lakes subtracted out) to estimate the overall impervious value for existing land use conditions. This value is 25.3 percent.

4.4 Wetlands

For regulatory purposes under the Clean Water Act, the term wetlands means “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” In general, wetlands share three key characteristics: wetland hydrology, hydric soils, and hydrophytic vegetation. Wetlands and vegetated riparian areas are valuable because they are among the most biologically productive natural ecosystems in the world. They also protect wildlife, provide natural open spaces, protect water quality, control erosion, and limit flood damage.

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table 4-3
National Wetlands Inventory
NWI Type	Acres
Emergent	14
Forested	1,292
Scrub-Shrub	125
Open Water	925
Total	2,356
Source: USFWS, 1982

Wetlands, as classified in the U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI), within the Planning Area are primarily riparian or bottomland forest associated with streams and their floodplains (Figure 4-3; Table 4-3) (CGIA, 2004, which is based on the 1982 USFWS National Wetland Inventory). The majority of the NWI wetlands is forested and is part of bottomland communities adjacent to larger streams within the Planning Area. Analysis of the Wake County Soil Survey (USDA, 1970) also shows hydric soils present, primarily along stream channels, concurring with NWI data indicating that wetlands within the Planning Area are primarily located within riparian and floodplain areas. Small areas of emergent wetlands are present along ponds. Open water ponds have been created along many of the streams within the Planning Area. While the NWI does not map all jurisdictional wetlands, it is useful in terms of classifying types of wetlands and their approximate locations within the Planning Area. It is important to note that many changes have taken place within the Planning Area since these data were compiled.

4.5 Prime or Unique Agricultural Land

Currently, approximately 16 percent of the Planning Area remain in agricultural or forested use, as discussed in Section 4.5. Because land use data, as discussed in Section 4.5, does not adequately represent land cover types, further analysis was conducted using the draft NC Gap Analysis Program (GAP) data, which were based on 1992 satellite imagery (USGS, 2003). Agricultural lands are concentrated in the western portion of the Planning Area and include pockets of both cultivated row crops and pasture areas.

North Carolina Executive Order 96 charges all State agencies to minimize the loss of prime agricultural and forested lands as defined in the Federal Farmland Protection Policy Act. The USDA Natural Resources Conservation Service has classified lands into three categories based on suitability for agricultural uses. These classifications incorporate soil type, slope, and water capacity. Prime farmlands are those soils with slopes between zero and eight percent in capability classes I and II, and some in capability class III. Unique farmlands are recognized for having the set of parameters necessary to produce certain high-value crops. The third category, farmland of statewide importance, includes soils that do not quite qualify as prime farmlands. Factors include steepness of slope, susceptibility to erosion, and permeability (USDA, 1998).

Prime farmlands are present within the Planning Area. The major soil types are Appling, Creedmoor and White Store. Other soil types include Congaree, Altavista, and Mayodan. These soils are mostly sandy loams. Soil types within floodplains and adjacent to streams include Wehadkee and Chewacla. Of the major soil types within the Planning< Area: Appling, Altavista, Congaree, Creedmoor, and Chewacla are listed as prime farmlands (USDA, 1998). Chewacla soils must be drained to be of use for agricultural purposes. Other soil types considered of statewide importance include Appling soils with steeper slopes, Mayodan thin silt loams, and White Store. Many of these soils, especially in the eastern portion of the Planning Area, have been impacted by development and other soil disturbances.

4.6 Public Lands and Scenic, Recreational, and State Natural Areas

Land use data provided by the Town show that 11 percent of land within the Planning Area is classified as parks or open space (Figure 4-2). This category includes public or conservation lands, Federal, State and local parks, and other scenic and recreational areas including schools. Open spaces provide both scenic and recreational opportunities for residents. The major parks and recreation areas within the Planning Area are listed in Table 4-4.

Scenic areas include Significant Natural Heritage Areas (SNHAs) discussed in Section 4.13 which also provide passive recreational opportunities such as hiking and bird watching when located on public land. Private conservation lands held by non-profit organizations such as the Triangle Land Conservancy also provide scenic and recreational value to the community.

Umstead State Park, located adjacent to the Planning Area, provides many types of recreational activities including hiking, bird-watching, picnicking, camping, fishing, and boating. This 5,440‑acre park also provides environmental education activities and is home to many rare species and their habitats.

4.7 Areas of Archaeological or Historical Value

SEPA requires the conservation and protection of the state’s natural resources and preservation of “the important historic and cultural elements of our common inheritance.” The National Register of Historic Places (NRHP) is the formal repository of information pertaining to historic structures and districts. Places considered for listing include historic structures and districts, cemeteries, and archaeological sites. To assess the general character of cultural resources associated with the Planning Area, background research was conducted using the NRHP website (NPS, 2004) and data provided by the Town of Cary (obtained July 2004). Recognized national historic properties in the Planning Area include:

Cary Historic District
Nancy Jones House
Page-Walker Hotel
Green Level Historic District
Carpenter Historic District
Utley-Council House

Table 4-4
Public Parks
Park	Total Acres	Acres within Planning Area	Owner
Crabtree Park	331	331	Wake County
Bond Park	273	273	Town of Cary
Future Park Site	239	239	Town of Cary
Tom Brooks Park	200	200	Town of Cary
Hemlock Bluffs Nature Park	162	162	Town of Cary
Middle Creek Park	157	157	Wake County
SAS Soccer Park	145	145	North Carolina
American Tobacco Trail Park	115	115	Wake County & Town of Cary
Regency Park	51	51	Town of Cary
School-Park Site	49	49	Wake County
North Cary Park	29	29	Town of Cary
Cedar Fork District Park	31	27	Town of Morrisville
Wellington Park	18	18	Town of Cary
MacArthur Park	17	17	Town of Cary
Godbold Park	16	16	Town of Cary
Ritter Park	16	16	Town of Cary
MacDonald Woods Park	14	14	Town of Cary
Davis Drive Park	13	13	Wake County
Sears Farm Rd Park	13	13	Town of Cary
Annie Jones Park	12	12	Town of Cary
Cary Village Park	12	12	Town of Cary
Town Center Park	7	7	Town of Cary
R.S. Dunham Park	5	5	Town of Cary
Heater Park	1	1	Town of Cary
Total	1,595	1,591
Sources: Town of Cary GIS; Wake County GIS

A comprehensive architectural survey of Wake County identified roughly 1,500 prehistoric and historic archaeological sites within the County (NC State Historic Preservation Office, 2004). In an effort to support Federal efforts to protect historic places, the Town of Cary is a Certified Local Government (CLG). The responsibilities of a CLG include:

Enforce State or local legislation for the designation and protection of historic properties
Establish a historic preservation review commission
Maintain a system for the survey and inventory of historic properties compatible with the statewide survey
Provide opportunities for public participation in the local program

As a CLG, the Town is eligible for grant money and can provide local expertise during the nomination process for the NRHP. The Town has entered into a partnership with Wake County to manage cultural and historical resources.

4.8 Air Quality

The U.S. Environmental Protection Agency (USEPA) uses the Air Quality Index (AQI) to report ambient air quality conditions, and the AQI ranges from good, moderate, unhealthy for sensitive groups, unhealthy, to hazardous. In 2002, the median AQI in Wake County was 45, or good. Two days were considered unhealthful and 5 days were considered unhealthful for sensitive populations (DENR, 2004a).

A new, more stringent National Ambient Air Quality Standard (NAAQS) for ozone was established by USEPA in 1997. The Raleigh-Durham-Chapel Hill region has had difficulty in meeting this new standard (USEPA, 2004). Ozone is not directly emitted, but is formed when sunlight reacts with volatile organic compounds and nitrogen oxides and is a component of smog. The largest source of the precursors to the formation of ozone in the Planning Area is motor vehicles. Wake County is currently listed in nonattainment for the 8-hour ozone standard, but is listed as a maintenance area for the 1-hour standard. The County is also listed as a maintenance area for carbon monoxide, which is primarily emitted from transportation and industrial sources.

4.9 Noise Levels

Quiet is conducive to the psychological and physiological well-being of humans. Just as excessive noise has been documented to negatively affect human health and welfare, elevated noise levels from human activities can disrupt the normal behavior patterns of wildlife, interfering with migration, breeding, hunting, and predator avoidance.

Within the Planning Area, noise is created primarily by two sources: the Raleigh-Durham International Airport and vehicular traffic. Typical flight patterns for the airport cross a small part of the northeast portion of the Planning Area. Noise levels are highest along traffic corridors, with lower noise levels in residential areas. Typical residential noises include lawn mowers, leaf blowers, and barking dogs. This noise is generally concentrated during daylight hours. Noise also is associated with industrial activities; however, industrial land uses only comprise 3 percent of land use, so this is not a major contributor of noise.

4.10 Water Resources

4.10.1 Surface Water

The Town of Cary lies on the ridge between the Neuse and Cape Fear River Basins. Roughly 71 percent of the study area lies in the Neuse River Basin (HU 03020201) and 29 percent lies in the Cape Fear River Basin (HU 03030002). The major tributaries of the Neuse River Basin within the Planning Area include Crabtree Creek, Walnut Creek, Swift Creek, and Middle Creek (Table 4-5; Figure 4-4). With the exception of Swift Creek, which is classified as Class WS-III, these tributaries are classified as Class C (DENR, 2004b). (Note: The North Carolina Division of Water Quality [DWQ] has not classified many of the unnamed tributaries shown on Figure 4-4; stream classifications of unnamed tributaries are equivalent to the stream to which they drain).

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The major tributaries of the Cape Fear River Basin within the Planning Area include Kit Creek, Panther Creek, and White Oak Creek (Table 4-5; Figure 4-4). Each of these tributaries drains to Jordan Lake, the Town’s water supply and a popular recreation area. Generally the segments of the tributaries upstream of NC-55 are classified as Class C, and the segments downstream of NC-55 are classified as Class WS-IV (DENR, 2004b). In addition to the assigned classifications listed above, all waters within the Planning Area are classified as NSW because they have been found to experience, or are subject to, excessive growths of macroscopic and/or microscopic vegetation that may impair the designated uses of the waters.

The designated uses of Class C waters include aquatic life propagation, maintenance of biological integrity, fishing, and secondary recreation activities. Class WS-III and WS-IV waters are suitable for all uses designated for Class C waters and are also suitable for drinking and culinary uses. The primary difference between Class WS-III and IV waters is the degree of development within the watershed at the time of classification; the watershed of Class WS-III waters is less developed than that of the Class WS-IV waters. Water supply watersheds comprise 49 percent of the Planning Area.

TABLE 4-5 Watersheds in the Planning Area
Watershed	DWQ Subbasin	14-Digit HU Code	DWQ Water Quality Classification	Watershed Description
Neuse River Basin
Crabtree Creek	03-04-02	03020201080010	C NSW	Tributaries include Coles Branch, Richlands Creek, Reedy Creek, Stirrup Iron Creek, and Brier Creek.
Walnut Creek		03020201090010	C NSW	Includes Lake Johnson.
Swift Creek		03020201110010	WS-III NSW	Macgregor Downs Lake, Dutchmans Branch, Long Branch drain to Swift Creek.
Middle Creek		03020201120010	C NSW	Includes Rocky Branch, Bells Lake, and Camp Branch. These creeks discharge to Middle Creek.
Cape Fear River Basin
Kit Creek	03-06-05	03030002060140	C NSW; WS-IV NSW	Long Branch meets with Kit Creek, which eventually discharges in Jordan Lake.
Panther Creek		03030002060140	WS-IV NSW	Includes Nancy Branch and Morris Branch, which eventually discharge in Jordan Lake.
White Oak Creek		03030002060150	C NSW; WS-IV NSW	Includes Bachelor Branch, Clark Branch and Jack Branch, which eventually discharge in Jordan Lake.

Within the Neuse River Basin portion of the Planning Area, benthic macroinvertebrate communities are sampled by DENR to analyze water quality and habitat conditions in two streams (Figure 4-5;Table 4-6) (DENR 2000; DENR 2001). Crabtree Creek is sampled near the border of the Planning Area and Morrisville at NC 54. At the NC 54 site, the benthic macroinvertebrate community rating was Poor in 1988, 1995, and 2000. The low rating is due to many factors affecting habitat, including sediment loading and siltation, low dissolved oxygen (DO) levels, and high conductivity (DENR, 2001). Ratings downstream of Lake Crabtree are slightly improved. Swift Creek, which drains portions of Cary and Apex, is sampled at SR 1152 approximately 1.5 miles upstream of Lake Wheeler. This site received a bioclassification of Fair in 1989, 1995, and 2000. Logging and upstream development have influenced the bioclassification of this site.

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Fish community sampling sites are maintained by DENR within or near the Planning Area, but only within the Neuse River Basin (DENR 2001; DENR 2001). Ratings assigned after sampling are based on both quantity of fish and diversity of species collected. The most recent sampling was conducted in 2000. The site on Crabtree Creek within the Planning Area was assigned an Excellent rating. While other sites did not receive such high quality ratings, it is of particular note that the fish communities of Walnut Creek and Swift Creek sites both improved from 1995 to 2000. The Swift Creek site exhibited a low species diversity but an abundance of fish.

Table 4-6
Benthic Macroinvertebrate and Fish Community Monitoring Sites
Watershed	Type	Stream	1995	2000
Neuse	Macroinvertebrate	Crabtree Creek @ NC 54	Poor	Poor
	Fish	Crabtree Creek @ SR 1664	-	Excellent
	Fish	Walnut Creek @ SR 2554	Fair	Good-Fair
	Macroinvertebrate	Swift Creek @ SR 1152	Fair	Fair
	Fish	Swift Creek @ SR 1152	Poor	Fair/Good-Fair
Sources: DENR 2000; DENR 2001

No benthic macroinvertebrate or fish community sampling locations are present within the Cape Fear River Basin portion of the Planning Area.

4.10.1.1 303 (d) Listed Streams

Section 303(d) of the Clean Water Act requires that states develop a list of waters not meeting water quality standards or with impaired uses. The State must prioritize these waterbodies and prepare a management strategy or total maximum daily load (TMDL).

Waterbodies within the Planning Area and listed on the Section 303(d) list include: Crabtree Creek, Lake Crabtree, Richlands Creek, and Swift Creek (Table 4-7) (DENR, 2004c). All are within the Neuse River Basin. These streams mainly have been impacted by growth activities including construction and the increase in urban runoff from storm sewers. Other factors contributing to impairment include agriculture and the Cary WRFs.

There are limited data to determine whether water quality in these 303(d) listed streams is improving, degrading, or stable. Data collected in Crabtree Creek downstream of the Cary North Wastewater Treatment Plant (WWTP) indicates that the stream is stable. Benthic data collected in 1987 and 1994 showed decreases in the Ephemeroptera, Plecoptera, and Trichoptera (EPT) scores when compared to 1984 data, but in 1995 and 2000, the scores were comparable to those collected in 1984. Benthic data collected on Swift Creek show a slight increase in the presence of pollution intolerant species, but there is not sufficient data to determine whether this difference can be attributed to increased water quality or reductions in nonpoint sources due to low flows recorded in July 2000. Lake Crabtree water quality appears to be stable. Secchi depths have averaged around 0.2 meter since 1995 (DENR, 2001).

Table 4-7
Waterbodies Included on the 303(d) List
Waterbody	Impaired Use	Year Listed	Category and Reason for Listing	Potential Source(s)
Crabtree Creek	Aquatic Life	1998	Impaired biological integrity; stressors not identified	Urban Runoff/Storm Sewers
Lake Crabtree	Overall	1998	Impaired biological integrity; turbidity and low DO violations	Land Development; Urban Runoff/Storm Sewers
Richlands Creek	Aquatic Life	2004	Impaired biological integrity; stressors not identified	Construction
Swift Creek	Overall & Aquatic Life	1998	Impaired biological integrity; stressor study complete	Land Development; Agriculture; Urban Runoff/Storm Sewers
Source: 2004 Draft North Carolina 303(d) Impaired Waters List (DENR, 2004c)

4.10.1.2 Wake County Watershed Assessment Summary

In an effort to characterize the health of its streams and watersheds, Wake County, completed a watershed assessment in 2001. The goal of these efforts was to assess the overall effects of land use changes on stream physical structure and aquatic communities. In summary, three types of monitoring were conducted in streams and watersheds county-wide:

Biological assessment – Benthic organisms and fish were collected and identified, providing an estimate of long-term effects of water quality on the aquatic community.
Habitat assessment – The effects of land use changes on streams were assessed to help differentiate the impacts of water quality pollutants versus habitat degradation on the stream environment.
Stream geomorphology – Characteristics such as channel shape, channel slope, sediment load, and sediment size were assessed to help determine streambank erodibility and other potential areas of stream degradation.

This evaluation concluded that many of the streams within the County were degraded. Influencing factors include agricultural practices and urbanization, with the effects of urbanization on the biotic community structure more pronounced than agricultural effects. Within the Planning Area, 15 sites were evaluated (Table 4-8; Figure 4-5). The habitat scores could range from 0 to 200, with higher numbers correlated to better stream health. In the Crabtree Creek and Swift Creek watersheds, habitat conditions are mostly marginal (score of 60 to 100 points), correlating with fair and poor bioclassifications. Other ratings are marginal-suboptimal (101-112 points) and suboptimal (113-153 points). In general, streams exhibit slight to moderate entrenchment, with more entrenchment observed in the larger Crabtree and Swift Creeks. In the Middle Creek watershed, no sites were evaluated within the Planning Area. Watershed classifications and bioclassifications based on benthic macroinvertebrate sampling are in line with the majority of streams in the County.

Table 4-8
Wake County Watershed Assessment Summary
Stream Name	Nearest Road Crossing	Habitat Condition	Bioclass	Watershed Classification	Entrenchment
Little Brier Creek	Gateway Center Blvd	Marginal	Fair	Fair	Slight
Black Creek	Weston Pkwy	Marginal – Sub-optimal	-	Good-Fair	Slight
Crabtree Creek	SR 1795; Upstream of Cary WWTP	Marginal	Poor	Fair	Moderate
Crabtree Creek	Downstream of Cary WWTP near I-40	Marginal	Fair	Fair	Slight
Swift Creek	Near Richelieu Dr	Marginal	-	Fair	Moderate
UT* to Symphony Lake		Sub-optimal	-	Good	Slight
UT A to Swift Creek	T4	Marginal	Good-Fair	Fair	Slight
Swift Creek	Swift Creek Greenway	Marginal	-	Fair	Slight
Swift Creek	US 1	Marginal	Poor	Fair	Slight
Swift Creek	Near US 1 & US 64	Sub-optimal	-	Good	Slight
Swift Creek	SR 1300; Hemlock Bluffs	Marginal – Sub-optimal	Poor	Good-Fair	Entrenched
Swift Creek	Holly Springs Rd	Marginal	Fair	Fair	Slight
Williams Creek	Old Raleigh Rd	Marginal	Poor	Fair	Entrenched
UT to Big Branch	Downstream of Goodmark	Marginal	-	Fair	Entrenched
*UT = Unnamed tributary Source: CH2M HILL, 2002a

The area within the Swift Creek watershed is subject to the Swift Creek Land Management Plan adopted by Wake County to protect Lake Wheeler and Lake Benson as potential sources of drinking water. This Plan establishes impervious surface limits, stormwater requirements, and recommendations regarding municipal and private sewer which the Town’s Land Development Code meets or exceeds. The Town’s ordinances are described in Section 6. DENR is currently developing a management strategy for the Jordan Lake Watershed and a nutrient TMDL in the Upper New Hope arm of Jordan Lake in the Cape Fear River Basin. These programs may impose more stringent requirements to control sources of nonpoint source pollution.

Further details of these strategies are presented in Section 6.

4.10.2 Groundwater

The Planning Area is located within the Triassic Basin of the Piedmont region of North Carolina and is characterized by a thin regolith layer, which limits groundwater storage capacity. As a result, well yields tend to be low (around 5 to 25 gallons per minute [gpm]). Within the western portion of Wake County where the Planning Area is located, approximately 6 percent of precipitation reaches the groundwater for recharge, contributing approximately 35 to 55 percent of stream baseflow during normal precipitation years. Groundwater within the Planning Area is generally free of contaminants and is used as a source of drinking water by individuals and community well systems (Wake County, 2003). Because of the prevalence of triassic soils in the area, septic systems may not percolate well, and could provide a public health hazard if not properly designed, installed, and maintained.

Some citizens within the Planning Area currently obtain their water from wells and discharge waste to septic systems. These citizens could request the Town to tie them on when municipal water and sewer are available to them. New development will be served by the Cary/Apex WTP and the Western Wake WRF; initial flow to the proposed WRF will be from existing customers, and new development will obtain service at the same time.

4.11 Forest Resources

This section further describes those lands within the grouped agricultural and forested land use category that are forested. In addition to land use data provided by the Town, draft land cover data developed by the NC Gap Analysis Program (GAP) also were analyzed (USGS, 2003). It should be noted that this analysis is not based on land use data, which are limited by parcel boundaries. These data provide a better understanding of the types of forest resources present within the Planning Area.

The most dominant forest types within the Planning Area are Coniferous Cultivated Pine Plantations (both natural and planted) and Piedmont/Mountains Dry-Mesic Oak and Hardwood Forest. Dominant pine species include loblolly (Pinus taeda), slash (P. elliottii), and longleaf (P. palustris). Within the hardwood forest community, white oak (Quercus alba) is often the dominant species. Sweetgum (Liquidambar styraciflua) and tulip poplar (Liriodendron tulipifera) are the other main canopy species.

Other common forest types include a more xeric mix of pine and hardwood forest dominated by loblolly pine, southern red (Q. rubra), post (Q. stella), and chestnut oaks (Q. prinus).

Along stream corridors, Piedmont Mixed Bottomland Hardwood Forest communities are present. Tag alders (Alnus serrulata) and button bush (Cephalanthus occidentalis) often dominate the shrub communities. Typical bottomland forest canopy species include sweetgum, red maple, sycamore (Plantanus occidentalis) and black gum (Nyssa sylvatica), which are all tolerant of wetter soils. Large areas of bottomland hardwood forest are adjacent to tributaries of Jordan Lake. Smaller communities are present along Crabtree Creek and Swift Creek.

Due to the fragmented and patchwork nature of the forested parcels of land in the Planning Area, smaller areas of forest are not suitable for continued silviculture use. However, forested areas being converted to other land uses do provide a one-time source of wood products.

4.12 Shellfish or Fish and their Habitats

Water resources within the Planning Area provide aquatic habitat for various species of fishes and other aquatic organisms. These streams provide free-flowing, warm-water habitats with moderate gradients, generally alternating pools and riffle-runs, and substrates consisting mainly of rocks, gravel, sand, and mud. Many ponds also provide warm-water habitat within the Planning Area. Recreational fishing opportunities are available. Typical fishes caught within the streams and lakes include catfish, suckers, bass, crappie, and sunfish. In general, many fishes within the area exhibit high levels of mercury due to atmospheric deposition of mercury and bioaccumulation of heavy metal up the food chain (DENR, 2001).

According to DENR fish community data (DENR, 2001), fishes found in Swift Creek include Johnny darter (Etheostoma nigrum), American eel (Anguilla rostrata), creek chubsucker (Erimyzon oblongus), bullheads (Ameiurus sp.), margined madtom (Noturus insignis), and both native and exotic species of sunfish. The American eel is an anadromous fish species. In Crabtree Creek, the most dominant fish sampled was the swallowtail shiner (Notropis procne). The DWQ sampling site is downstream of Umstead State Park and exhibits a healthy and diverse fish community. In Walnut Creek, the fish community is similar to that of Crabtree Creek. While the swallowtail shiner was dominant, many darter species are present. Another indication of community health is the relative lack of exotic species.

4.13 Wildlife and Natural Vegetation

Upland communities are home to Virginia opossum, raccoon, eastern cottontail, gray squirrel, red and gray foxes, and white-tailed deer, as well as the eastern mole and several species of shrews and mice. Amphibians and reptiles are abundant and diverse. Frogs, turtles, and water snakes inhabit wetlands and the perimeters of ponds and streams.

Bird life in the Planning Area is typical of the Carolina Piedmont. Cardinals, American robins, Carolina chickadees, bluebirds, sparrows, warblers, rufous-sided towhees, and other songbirds make their homes in the backyard habitats and forests of the area. Hawks, such as the red-tailed hawk, and owls are predator species known to inhabit the area. The open waters of Lake Crabtree and the many ponds in the Planning Area attract a variety of waterfowl, including migratory species. Mallards, wood ducks, teal, and other ducks, as well as geese, may be seen during certain seasons. Wading birds, including great blue herons and green-backed herons, may be encountered along lake shallows in summer.

Following is a discussion of the more rare wildlife and wildlife habitats found within the Planning Area. Forested areas and habitats were discussed in Section 4.11.

4.13.1 Rare, Threatened, or Endangered Species

Specific regulations exist at the State and Federal levels to protect endangered and threatened species and their habitats from impacts due to public or private projects and land-disturbing activities. The primary law that protects sensitive wildlife species is the Federal Endangered Species Act (ESA) of 1973.

Information obtained from the North Carolina Natural Heritage Program’s (NHP) Natural Heritage Element Occurrence (NHEO) and SNHA databases, as supplied by North Carolina’s Center for Geographic Information and Analysis (CGIA, 2004)(updated Spring 2004), were analyzed to identify locations of rare and endangered species populations and occurrences of exemplary or unique natural ecosystems (terrestrial and aquatic) and special wildlife habitats in the Planning Area. Figure 4-1 illustrates the distribution of these areas and occurrences within and adjacent to the Planning Area.

Fifteen species are Federally listed in Wake County (Table 4-9); of these, eleven are listed as Federal Species of Concern (FSC). Three species are listed as endangered while one, the bald eagle (Haliaeetus leucocephalus), is listed as threatened. With the exception of the bald eagle, there were no documented reports of individuals or populations of Federally listed endangered or threatened species within the Planning Area. A complete list of State listed species within Wake County is provided in Appendix E.

The following is a brief discussion of the federal threatened and endangered species that have recorded occurrences in the Planning Area (CGIA 2004, NHP 2004)

The bald eagle is considered threatened, but is proposed for delisting because of recent recovery of the species (USFWS, 2003). The bald eagle is a large raptor and is recognized by the characteristic white head of an adult. Nests are often constructed near water and can measure up to 6 feet across. Nests are reused by the same pair year after year. Bald eagles primarily feed on fish, but can consume other small animals including frogs, smaller birds, and turtles. The recovery of this species is largely due to the banning of harmful pesticides including dichlorodiphenyltrichloroethane (DDT). A nesting site is present approximately 1,000 feet north of Lake Crabtree within the Planning Area.

Michaux’s sumac (Rhus michaux) is an upland terrestrial vascular plant that is considered endangered. This shrub grows to between 1 and 3 feet and flowers between June and July. Most plants are unisexual, which may partly explain the plant’s rarity. Reproductive capacity is low. Typical habitat includes sandy or rocky open woods with basic soils. Repeated disturbance is necessary to provide open areas for this plant to be successful. Remaining populations are found along maintained roadway rights-of-way and areas managed with frequent fires. Threats to remaining populations include habitat loss due to development and fire suppression. The species has been located elsewhere in the county; no NHEO sites have been recorded within the Planning Area.

Streams within the Swift Creek watershed are classified as Significant Aquatic Endangered Species Habitat (SAESH) (Figure 4-1) due to the presence of dwarf wedgemussel. The eastern lampmussel (Lampsilis radiata radiata) has been identified in Lynn Creek (Kids Together Park) within the Planning Area and Swift Creek watershed SAESH. The four-toed salamander (Hemidactylium scutatum) has also been identified within the SAESH for Swift Creek.

Table 4-9
Federally Listed Species within Wake County
Common Name	Scientific Name	State Status	Federal Status	County Status
Animals
Aimophila aestivalis	Bachman's Sparrow	SC	FSC	Historic
Haliaeetus leucocephalus	Bald eagle	T	T (P/D)	Current
Heterodon simus	Southern hognose snake	SC	FSC	Obscure
Lythrurus matutinus	Pinewoods shiner	SR	FSC	Current
Myotis austroriparius	Southeastern Myotis	SC	FSC	Historic
Picoides borealis	Red-cockaded Woodpecker	E	E	Historic
Invertebrates
Alasmidonta heterodon	Dwarf wedgemussel	E	E	Current
Fusconaia masoni	Atlantic pigtoe	E	FSC	Current
Elliptio lanceolata	Yellow lance	E	FSC	Current
Lasmigona subviridis	Green floater	E	FSC	Current
Insects
Speyeria diana	Diana fritillary	SR	FSC	Obscure
Plants
Lindera subcoriacea	Bog spicebush	T	FSC	Current
Monotropsis odorata	Sweet Pinesap	SR-T	FSC	Historic
Trillium pusillum var. pusillum	Carolina least trillium	E	FSC	Current
Rhus michauxii	Michaux’s Sumac	E-SC	E	Current

State Status                                                                         Federal Status
T = Threatened                                                                        T (P/D) = Threatened, Proposed for Delisting
E = Endangered                                                                       E = Endangered
SC = Species of Concern                                                       FSC = Federal Species of Concern
SR = State Rare

A complete list of state species is found in Appendix E.

The dwarf wedgemussel (Alasmidonta heterodon), a freshwater mussel species, is considered endangered. This small mussel is less than 1.5 inches in length and can be identified by its dentition pattern; the right valve possesses two lateral teeth, while the left valve has one tooth. Habitat preferences include a slow to moderate current and a sand, gravel, or muddy stream or river bottom. As with other freshwater mussel species, glochidia are released into the water by females after reproduction. These glochidia then attach to host fishes for further development. The success of the species also depends on the success of specific host fishes. Dwarf wedgemussels are thought to use the tessellated darter, Johnny darter, and mottled sculpin as host species (WRC, 2004). The original range of this species stretched from New Brunswick, Canada, to North Carolina. This species has been found elsewhere in Swift Creek, Little River, and Buffalo Creek, but according to the most recent version of the NHEO database provided by NHP, no individuals of dwarf wedgemussel have been recorded within the Planning Area.

A mussel survey was conducted by CZR, Inc. in June and July 2004 to determine if any Federally listed mussel species are present within the area. Survey sites are depicted on Figure 4-5. As described by CZR (2004), the majority of the survey sites exhibited wide forested riparian buffers in subdivision developments and undeveloped woodlands. Eight sites in the Middle Creek watershed are within the Planning Area. Twenty-two other sites are within the Swift Creek watershed.

Overall, the two dominant species of mussels found during the survey were eastern elliptio (Elliptio complanata) and variable spike (Elliptio icterina). These species are common and often abundant in the area. The largest population of mussels was found in Middle Creek. At Site 16 on Middle Creek, eastern floater (Pyganodon cataracta), Atlantic pigtoe (Fusconaia masoni) and eastern lampmussel (Lampsilis radiata radiata) individuals were found. The Atlantic pigtoe is a FSC. Most notable is that no individuals, live or relic, of the Federally endangered dwarf wedgemussel were found during the survey (CZR, 2004).

The Middle Creek watershed provides suitable habitat for many State-listed mussel species including Roanoke slabshell (Elliptio roanokensis), eastern lampmussel, creeper (Strophitus undulatus), triangle floater (Aslasmidonta undulata), and notched rainbow (Villosa constricta). A full list of State- and Federally listed species in Wake County is provided in Appendix E.

Table 4-10
Significant Natural Heritage Areas
SNHA	Total Acres	Acres within Planning Area
Black Creek Slopes	397	397
Camp Branch Plant Site	2	2
Dutchmans Branch Bluffs	70	42
Green Level Heartleaf Site	2	2
Hemlock Bluffs State Natural Area	118	118
Limestone And Chert Nature Area	61	58
Middle Creek Bluffs And Floodplain	732	275
Swift Creek Bluffs	37	37
Total	1,419	931
Source: NCCGIA, 2004

Many of the listed species within the Planning Area are found within SNHAs, as shown on Figure 4-1. These areas provide habitat for rare species and are listed in Table 4-10. The State Rare Lewis’s heartleaf (Hexastylis lewisii) is found within the Green Level Heartleaf Site, Camp Branch Plant Site and Dutchmans Branch Bluffs SNHAs. Within the Black Creek Slopes SNHA, witch grass (Dichanthelium annulum) is found. Indian physic (Porteranthus stipulatus) has been located along Crabtree Creek and within Bond Park. Hemlock Bluffs SNHA includes a population of the four-toed salamander and sweet pinesap (Monotropsis odorata).

4.13.2 Natural Vegetation

Within the Planning Area, natural vegetation is typical of Piedmont upland and bottomland communities. However, smaller unique ecosystems are also present. Following are descriptions of natural communities, as described by Schafale and Weakley (1990), that are present within the Planning Area. These areas are shown on Figure 4-1.

4.13.2.1 Piedmont/Coastal Plain Heath Bluff

Located along Crabtree Creek in Umstead State Park bordering the Planning Area, this community type is characterized as a rare shrub-dominated upland, which is situated on steep north-facing slopes or bluffs in dry, acidic, rocky soils. The dry soils combined with the cool, moist microclimate found on north slopes above a floodplain create the conditions necessary for the heaths to exist. Rhododendrons (Rhododendron spp.) and mountain laurel (Kalmia latifolia) are the dominant shrubs.

4.13.2.2 Piedmont/Coastal Plain Acidic Cliff

Cliff communities are distinguished from other communities by their lack of trees and shrubs, and are known for their moss-covered or bare substrates on rocky slopes. Cliff communities can have highly variable vegetation regimens, contingent on variables such as elevation, aspect (north- or south-facing), slope, and soil depth. An example of this community type is Hemlock Bluffs SNHA on Swift Creek, where the microclimate along a north-facing cliff supports a relict population of Canada hemlock (Tsuga canadensis) and a population of sweet pinesap (Monotropsis odorata).

4.13.2.3 Piedmont Monadnock Forest

The presence of monadnocks, or rocky masses like quartzite that resist erosion, comprise the unusual topography that characterizes this forest type. The exposed, elevated positions of monadnocks make their forests susceptible to lightning and wind disturbance. The topography and substrate create an environment of dry, acidic soils with low plant diversity. It is dominated by chestnut oak (Quercus montana), with pines such as shortleaf (Pinus echinata) and Virginia (P. virginiana) filling in the potentially closed canopy. This specialized forest type can be found at Hemlock Bluffs SNHA.

4.13.2.4 Dry Oak-Hickory Forest

The Dry Oak-Hickory Forest type is similar to the Piedmont Monadnock Forest, which comprises upland hardwoods that tolerate dry, acidic soils. However, Dry Oak-Hickory Forests are not dominated by the chestnut oak, but by white (Q. alba), Spanish (Q. falcata), or post (Q. stellata) oaks. Areas that were once cultivated also have pines present. The Dry Oak-Hickory Forest was once one of the Piedmont’s predominant forest types. An example of this forest type can be found at Middle Creek Bluffs.

4.13.2.5 Piedmont/Low Mountain Alluvial Forest

Piedmont/Low Mountain Alluvial Forests are located in river and stream floodplains where flooding deposits nutrient-laden sediment. Alluvial species such as sycamore (Platanus occidentalis), river birch (Betula nigra), and box elder (Acer negundo), along with a lack of defined depositional fluvial landforms distinguish this natural community type. This forest type can be found along Swift and Middle Creeks.

4.13.2.6 Mesic Mixed Hardwood Forest (Piedmont Subtype)

The upland Mesic Mixed Hardwood Forest community is usually found on lower, steep, and/or north-facing slopes with well-drained acidic soils, such as the Middle Creek Bluffs. It is categorized by its mesophytic tree canopy, which includes beech (Fagus grandifolia), red oak (Q. rubra), and yellow poplar (Liriodendron tulipifera). The absence of bottomland trees and base-loving plants separate this forest from other common community types.

4.13.2.7 Basic Mesic Forest (Piedmont Subtype)

Similar to the Mesic Mixed Hardwood Forest, this community is sited on lower, north-facing slopes, but differs by having higher pH, or basic, soil types. The dominant canopy is characterized by beech, red oak, and yellow poplar, with the potential for some bottomland species such as black walnut (Juglans nigra) and southern sugar maple (Acer floridanum). The overall diversity of this community, with mesophytic, bottomland, and base-loving vegetation, sets it apart from other forest types.

4.13.2.8 Piedmont/Mountain Semipermanent Impoundment

This community type is best described as either an old, undisturbed, man-made or natural beaver pond in a floodplain such as that found on Middle Creek and others within the Triassic Basin of the Piedmont. Being in a floodplain, these impoundments are subject to sudden flooding and draining, sedimentation, and other damaging events. Pond depth determines the vegetation type; if shallow, flood-tolerant trees such as red maple and willow oak (Q. phellos) will populate the ponds. Deeper ponds will support small duckweed (Lemna perpusilla) and green arrow-arum (Peltandra virginica). Wetland shrubs and herbs fill out the pond fringe.

4.14 Introduction of Toxic Substances

Toxic substances and their cleanup are regulated by the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The goals of these programs are to eliminate or reduce toxic waste; clean up waste that has been leaked, spilled, or improperly disposed; and protect people from harmful waste. There are no Superfund sites within the Planning Area.

Other potential sources of toxic substances present in the source basin study area are agriculture-related substances such as fertilizers, herbicides, and pesticides. Other common toxic substances such as glues, solvents, and paints are employed in the construction of homes and commercial buildings. Typical household hazardous wastes include oils, cleaners, solvents, paints, herbicides, and fertilizers.

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SECTION 5

Description of Secondary and Cumulative Impacts Related to Projected Growth in the Planning Area

This section outlines the secondary and cumulative impacts (SCI) associated with the infrastructure needed to accommodate the growth in the Town of Cary. The area’s transportation and utility infrastructure is being expanded and strengthened in response to its economic growth. In addition, the Environmental Management Commission (EMC) included a condition in Cary’s interbasin transfer (IBT) certificate that requires them to return wastewater to the Cape Fear River Basin by January 1, 2011. Analysis of impacts considers all proposed water, wastewater, and local transportation infrastructure planned for full build-out as described in the Town’s 2030 Land Use Plan. These proposed plans are based on the Town of Cary’s developed master plans for providing water and sewer services to its citizens in a manner that will protect water quality, air quality, open space, and wildlife habitat. Overall, the Town plans to manage growth in a sustainable way.

Growth in the Town of Cary will be facilitated by transportation facilities, including the NCDOT development of I-540, which will provide easy access to RTP and other communities within Wake County (Figure 2-3). The section of this roadway that extends from I-40 to NC Highway 55 in Cary is scheduled for completion in 2007. Direct and secondary and cumulative impacts of this roadway project have been addressed by the NCDOT. In general, the environmental documents indicate that the roadway and associated interchanges will not induce growth but may change the location of growth. More intensive development is anticipated around the interchanges, but local governments already anticipate higher rates of growth in the project area of I-540 (Arcadis 2003, HNTB 2003). Other roads are being widened, some with projects undertaken by the Town, to help accommodate the growth.

The RDU airport also has plans to build a safety area expansion of a runway and to develop another runway. Available environmental documentation indicates that the primary purpose of RDU’s projects is to increase safety and quality of service. RDU is not increasing its operating capacity (Kimley-Horn and Associates, 2003).

The discussion provided in the following section reflects a general analysis of the potential for development to impact specific resources in the Service Area, given current trends and literature records and input from State agencies via the scoping process. Agency correspondence is included in Appendix A. Mitigation efforts to limit these possible SCI are discussed in Section 6. As described in Section 1, direct impacts will be addressed in separate environmental documents that are prepared for infrastructure projects.

5.1 Topography and Floodplains

Clearing and grading of undeveloped lands will change the site’s topography. The Town reviews erosion and sediment control plans to minimize grading in areas of steep slopes.

If development within a floodplain occurs, the function of that floodplain is reduced. Water storage capacity is lessened by any structure constructed in a floodplain. Floodplains, if left undisturbed, provide other functions including wildlife habitat, surface water filtration, infiltration, and as corridors for wildlife movement.

Impacts to floodplains will vary with jurisdiction. Within the Town’s urban growth area, impacts to floodplains will be limited due to the Town’s floodplain protection and riparian buffer ordinances described in Section 6. In areas outside the Town of Cary’s current jurisdiction but within the Planning Area, impacts to floodplains also are limited by Wake County’s floodplain protection ordinances described in Appendix B.

5.2 Soils

As land is developed, clearing and grading will result in soil disturbance. During grading, soil will be moved; in some areas, it will be removed, while in other areas it will be replaced. Thus, the location of soil types may change. During clearing and grading, some soils will be eroded, but the impacts from this will be minimized by following an approved site plan in accordance with the Town’s ordinance described in Section 6. By using heavy equipment on development sites, soils will be compacted.

5.3 Land Use

Table 5-1
Planning Area Future Land Use
Land Use Type	Square Miles	Percent of Planning Area
Residential Developed	45.1	57.7%
Non-residential Developed	21.6	27.6%
Undeveloped	0	0.0%
Open Space*	10.8	13.8%
Open Water	0.7	0.9%
Total	78.2	100%
* Open space area includes <0.1 square miles of WRC Gamelands Source: Town of Cary GIS, 2005

The Town’s Land Use Plan was used to estimate future land use conditions. A Land Use Plan is a guidance document that illustrates the land use the Town would like to see in a given area if development occurs. This does not mean that all land in a given area will be developed. Figure 5-1 illustrates broad land use categories within the Planning Area. Table 5-1 provides detail on the area (square miles) within each broad land use category. Table 5-1 summarizes the conditions that will occur if all land is developed, and does not show protected open space within developed land use categories. The Land Use Plan represents full build-out conditions which are estimated to occur in 2030.

Table 5-2 provides detail on predicted future land use. As shown in Table 4-2, currently residential use (41 percent) is the predominant land use within the Planning Area with the majority of residential use classified as low density (20 percent). Small amounts of clustered high- and medium-density residential developments exist. As shown in Tables 4-2 and 5-2, the largest changes between the current and future land use will be the reductions in agriculture and forested land. The largest increases in land use types will be in the medium- and low-density residential categories. The very low density residential category will decrease between existing and future conditions due to the conversion of very low density residential land to other higher density uses.

Table 5-2
Planning Area Detailed Future Land Use
Land Use Type	Square Miles	Percent of Planning Area	Percent Impervious	Impervious Square Miles
Commercial	2.6	3.3%	82%	2.1
Office Commercial/Industrial	3.7	4.7%	82%	3.0
Office Commercial/Institutional	6.8	8.7%	72%	4.9
Institutional	0.6	0.8%	72%	0.4
Mixed Use	2.3	2.9%	72%	1.7
High-Density Residential	3.1	4.0%	72%	2.2
Medium-Density Residential	8.8	11.3%	44%	3.9
Low-Density Residential	25.9	33.1%	21%	5.4
Very Low Density Residential	7.3	9.3%	6%	0.4
Agriculture/Forest	0	0.0%	2%	0.0
Parks	10.8	13.8%	4%	0.4
Lake	0.7	0.9%	N/A	0.0
Utilities	0	0.0%	72%	0.0
Vacant	0	0.0%	3%	0.0
Transportation	5.6	7.2%	87%	4.9
Total	78.2	100.0%		29.4
Source: GIS Information from Town of Cary GIS, 2005; Percent impervious values from CH2M HILL, 2002b with exception of utilities and vacant land. Vacant land assumed to be forested. Agriculture/forest assumed to be average of the values outlined in CH2M HILL, 2002b. Percent impervious values are capped in water supply watersheds. Thus, actual percent imperviousness for a given high density development may not be as high as presented in the Table.

The most heavily urbanized areas in the Town will continue to be in the vicinity of RTP, the Town Center, and the major highway corridors, as described in the Town’s Land Use Plan.

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According to the land use plan, the most rural portions of the Town will be in the west and southwest, in the vicinity of Jordan Lake, and in the most southeast portion of the Planning Area in the Middle Creek watershed. These watersheds are important to protect for drinking water supply (Jordan Lake) and protection of downstream mussel species (Middle Creek). However, in these three areas, there is an increase in low-density residential development from forest and agricultural land. Land use plans have been specifically developed for each area within the Planning Area and are discussed in detail in Section 6.

As development occurs and land uses change, open space will be preserved by a number of measures. The Town has undertaken significant efforts to preserve recreational areas, areas of scenic value, and open spaces as described in Section 6. Tables 5-1 and 5-2 underestimate the amount of open space under future build-out conditions. While open spaces such as agricultural land and forests will still be lost to development, the impacts will be minimized by these efforts. Open spaces may become more fragmented, except along stream channels, where riparian buffers and floodplains will serve as habitat corridors.

To estimate the amount of open space that would be protected under the future land use plan, the Town’s riparian buffer, parks, and greenways GIS data layers were compiled. The area included in each of these uses was 19.3 square miles or 25 percent of the Planning Area. This number is likely low as it considers full build-out conditions (i.e., it assumes that all forested and agricultural land is converted) and does not account for open space other than riparian buffers that may be preserved within a development. As indicated in Figure 4-1, floodplain width exceeds riparian buffer width in many areas; since Cary does not allow residential development within floodplains and commercial development is limited, these areas will also increase protected open space. As shown in Section 4.3, riparian buffers account for 15.8 square miles of the Planning Area (20 percent) and floodplains account for 5.1 square miles (6.5 percent of Planning Area). Other protected open space includes passive and active recreation areas, wetlands, and landscape buffers.

As the land use within the Planning Area changes, the amount of impervious surface will increase, which not only changes the viewshed, but also impacts surface and groundwater flow as described in Section 5.10. To estimate the impact of land use change on impervious surfaces, literature values were used to estimate the amount of impervious surface by land use type. Table 5-2 includes percentage imperviousness; the values listed were used in modeling analyses performed for the Town of Cary (CH2M HILL, 2002b). These values are based on literature values. Based on these impervious values, an impervious area for each land use was estimated. These were then summed and divided by the total land area (with lakes subtracted from the total) to estimate the overall impervious value for future land use conditions. This value is 38 percent as compared to 25 percent imperviousness under existing conditions.

The Town of Cary also estimated the level of imperviousness in its Town Center. Based on analyses completed for the Town Center Area Plan, the current level of imperviousness is 35 percent; under build-out conditions, the level is approximately 55 percent (Pearce, personal conversation, March 5, 2005). The Town updated its Northwest Area Plan in 2002. As part of the land use plan evaluation, the Town evaluated different land use plans with a watershed model to determine the change in pollutant loads. This watershed model estimated current imperviousness in the northwest area at 14 percent; the original land use plan was estimated as 38 percent impervious; and the 2002 plan update was estimated at 29 percent impervious under future build-out conditions (CH2M HILL, 2002b).

5.4 Wetlands

Wetlands within the Planning Area are primarily located within the riparian zones or floodplains of streams and lakes. Wetland losses may occur as land use changes occur and population density increases in the Planning Area. Wetland loss can result in habitat loss, habitat fragmentation, and reduction in species diversity. As discussed in Section 4, the majority of wetlands will be protected by existing floodplain regulations. Other programs which protect wetlands are described in Section 6.

Wetland functions may also be decreased if pollutant impacts occur. For example, sediment loading from stormwater runoff may impact hydrology and vegetation within a wetland. Nutrient enrichment and other surface water pollutants may impact aquatic and amphibious organisms inhabiting a wetland. In the long term, overall quality of wetlands may be decreased by SCI in upland portions of the Planning Area. However, these impacts will be minimized by stream buffers and other development controls.

5.5 Prime or Unique Agricultural Land

The amount of agricultural lands will be reduced in the Planning Area as lands are converted, mainly to residential uses. This includes the conversion of many acres of Prime Farmland. However, recent growth has already converted many acres of agriculture and Prime Farmland within the Planning Area. This conversion would likely continue to occur even without the proposed infrastructure as residential lots serviced by wells and septic systems increase in the area given the proximity of the Planning Area to RTP and a strong local economy. While the pattern of growth may be different, and density may be lower, farmland will likely be converted.

These impacts of land use changes could also include degradation of a land use type through the introduction of adjacent, incompatible urban land uses. For example, the loss of viable farm income can occur when subdivisions are built adjacent to farmland. Because the value of the farmland rises as urbanization of the area occurs, farmers can be forced out of business due to increased property taxes. In addition, the new residential growth may cause associated farming businesses to move away, vandalism of crops begins to occur, and the use of farm equipment on public roads in the area becomes more dangerous with increased traffic.

5.6 Public Lands and Scenic, Recreational, and State Natural Areas

Growth in the Planning Area should have limited impact on scenic and recreational areas that are currently part of park systems. These areas may become more valued by the community as open spaces are converted to other land uses. The Town recognizes the value of these spaces and has a plan of action to protect natural resources and open space, which is outlined in Section 6.

With continued implementation of the Town’s Plans, scenic areas, open space, and parks will be a high priority for the Town and will provide mitigation for losses of open space as the Town grows.

A large percentage of the open space in the Planning Area is the WRC gamelands as illustrated on Figure 4-1. The Town met with WRC in February 2005 to discuss growth in the northwest area and its impact on the WRC gamelands. When Amberly, Forest Oaks, and other planned developments are completed, the development will impact the Jordan gamelands as no hunting is allowed within 150 yards of a residence. When the northwest area is built out, the safety zone will extend into Chatham County. At the meeting, WRC indicated that gamelands east of the American Tobacco Trail could be designated as an archery-only area.

5.7 Areas of Archaeological or Historical Value

Historical areas may be impacted directly by future projects, but indirect impacts are unlikely. Direct impacts to historic resources will be assessed individually during project planning processes. Assessing historical properties is beyond the scope of this document due to its focus on secondary and cumulative impacts.

Some loss of historic resources could inadvertently occur with development. For example, an unknown cemetery could be destroyed. Where historic resources are known, they should be protected over time due to implementation of the OSHRP. A goal of the plan is to preserve historical landscapes that reflect the Town’s rural heritage, including the protection of working farms. The Town will negotiate protection of historic resources during the development process. Finally, some structural damage could occur due to vibrations from increased traffic or from acid rain that may occur from increased emissions to the atmosphere. It is likely that few SCI will occur to cultural and historical resources.

5.8 Air Quality

The cumulative impacts of a growing population may impact air quality in the Planning Area. As more vehicles travel within the Planning Area, levels of emitted air pollution may increase. Even without the proposed infrastructure, population within the area is likely to increase and contribute to higher levels of air pollution. While industrial emissions may also increase in the Planning Area, the primary source of air pollution is likely to continue to be vehicles. Without improved roadways, it is likely that traffic problems would increase, which would exacerbate existing air quality problems. Smog, ozone, and carbon monoxide are the pollutants of concern within the Planning Area. These pollutants are monitored. The area has struggled to meet the USEPA ozone standard, and this struggle is likely to continue as the area grows.

As a result of air pollution, the area may see an increase in the number of Ozone Action Days, which are tracked as a measure of air quality by the USEPA. Increased ozone levels can impact human health; on Ozone Action Days, outdoor activity should be limited for health reasons and at-risk populations should remain inside. Smog can decrease visibility, and increased nitrogen and sulfur emissions can lead to acid rain.

To address the impacts of growth on air quality, the Town is researching and developing alternative modes of transportation as described in Sections 6 and 7.

Wake County also has developed an Air Quality Task Force whose goal is to eliminate ozone action days by 2010 and to comply with the National Ambient Air Quality Standards by 2007. In addition, a regional light rail system is planned for the Triangle Area. These programs are further described in Section 7 and Appendix B. Regional and local actions will limit SCI to air quality.

5.9 Noise Levels

The predicted growth in the Planning Area will produce greater amounts of noise from a greater density of land uses, more people living in the study area, more businesses and industries operating in the area, and an increase in number of vehicles using local roadways. The continued growth and development of the Planning Area will impact community noise levels through the introduction of additional domestic and commercial traffic and intensification of industry. High noise levels can also impact human health. Urbanization will also increase the base level of noise, potentially impacting wildlife behavior.

Efforts taken to improve air quality by promoting alternative forms of transportation will also limit SCI to noise levels in the Planning Area as described in Sections 6 and 7.

5.10 Water Resources

5.10.1 Surface Water

SCI to surface water resources have the potential to occur in both the Neuse and Cape Fear River Basins. With the addition of planned infrastructure improvements, population density will rise in the Planning Area. Even without the planned infrastructure, population will increase in the Planning Area due to its proximity to RTP and the strong local economy. However, this growth would likely be less dense and would be serviced by wells and septic or community systems as the Town approached its water and sewer capacity, and travel times would increase without planned road improvements. It should also be noted that there are no requirements for maintenance of septic systems, and small community systems are not required to have an operator onsite 24 hours a day. In addition, growth without infrastructure may fall below thresholds established for stormwater controls or for erosion and sediment control plans.

As a result of the increase in population and associated development, the impervious area within the Planning Area will increase (from an estimated 25 percent to 38 percent) resulting in an increase in stormwater runoff during a rain event due to a decrease in pervious areas. Pollutant loads and scouring will increase without practices to control runoff rates. Without adequate controls, typical urban stormwater pollutants include sediment, nutrients (nitrogen, phosphorus), bacteria (fecal coliform as indicators), and potential toxicants (metals, oil and grease, hydrocarbons, and pesticides). The increase in runoff may increase pollutant load, which will cause a decline in water quality and create subsequent impacts on aquatic habitat, wetlands, and sensitive aquatic and amphibian species in the area.

Increases in impervious surface will increase the rate of runoff, which also may impact fluvial system stability, stream channel sinuosity, streambank slopes, floodplain dynamics, and hydrologic flow rates, and thus aquatic and riverine habitats. For example, during storms, a higher amount of rainfall will run directly to streams causing higher storm event flows, which may cause streambank erosion and degraded aquatic habitat. Less rainfall will percolate to groundwater, which can reduce base flow during dry weather. However, it should also be noted that the impact on storm event and base flow conditions are smaller in western Wake County than in other areas of the County due to soil types found within the Planning Area. A groundwater study completed by Wake County in 2003 illustrates the highest percentage of hydrologic soils groups C and D (low infiltration capacity) in the Jordan Lake and Harris Lake watersheds. In addition, low flow recharge rates in streams were the lowest in western Wake County watersheds, 0 gal/acre/day in Jordan Lake watershed; 2 gal/acre/day in Swift Creek; and 3 gal/acre/day in Middle Creek (CDM, 2003).

All waters within the Planning Area are classified as NSW in response to excessive growths of macroscopic and/or microscopic vegetation. Current strategies to limit nutrient loading will help protect water quality; however, as runoff volumes increase, nutrient loading could continue to impact water quality. As agricultural land uses decrease in the Planning Area, impacts from this land use type may decrease.

The construction of sewer lines, water lines, and roads may also impact water quality, particularly where they cross streams. There are sediment impacts from construction although the use of proper erosion and sediment controls help minimize this impact. In general, these impacts are direct impacts, but there is also a cumulative direct impact from previous crossings and other future crossings. The Town does not have the data to review this impact for its entire Planning Area, but will review it as a cumulative direct impact in future EAs and EISs.

DENR monitoring of both benthic macroinvertebrate and fish communities within the Planning Area will indicate if any water quality declines are impacting aquatic communities. The composition of these aquatic communities provide insight into the effects of sediment loading, nutrient enrichment, and stream temperature changes, to name a few.

5.10.1.1 303(d)-Listed Streams

As joted, land use changes may impact both water quality and quantity in the Planning Area. These impacts may limit or impede the ability of the State to prepare and effectively implement management strategies to improve water quality in Section 303(d)-listed waterbodies, which are Crabtree Creek, Lake Crabtree, Richlands Creek, and Swift Creek. These waterbodies currently suffer from water quality or aquatic habitat stresses, primarily from stormwater and urban runoff. Since these waterbodies are located in areas that are already urbanized, it will likely be difficult to attain a healthy aquatic community in them, even with no future development. Increases in runoff may further degrade these waterbodies.

5.10.2 Groundwater

As water and sewer services are expanded, fewer residents will rely on groundwater as a public water supply source. Also, a number of septic tank/ground absorption systems serving residences may be eliminated. These are positive secondary impacts to the groundwater resources of the Planning Area by reducing the demand for groundwater as a source for drinking water and the public health risk of groundwater contamination in the Planning Area from leaking or failing septic tanks.

Future development may degrade groundwater quality if contaminants common to urban activities reach the groundwater. These include fertilizers, petroleum products, semi-volatile and volatile organic compounds, and metals and nutrients from stormwater runoff.

A general increase in impervious surfaces may also impede groundwater recharge and groundwater’s ability to maintain base flow during drought conditions. However, Wake County’s groundwater study illustrates the lowest recharge rates in the western part of the County. In the Jordan Lake watershed, groundwater recharge ranges from 2 to 4 inches per year as compared to central and eastern portions of the County which have rates of 7 to 9 inches per year (CDM, 2003).

4.11 Forest Resources

According to Town land use planning data, much of the forested land within the Planning Area will be converted to other uses. Even without the planned infrastructure, forested land will likely be converted to low-density residential land that is serviced by wells and septic systems. The majority of the forested lands within the Planning Area are currently coniferous cultivated pines. While this change provides a one-time source of timber products, this land use conversion is not suitable for sustainable silviculture activities.

Forested communities are likely to remain primarily along stream channels. Overall, forested wildlife habitat will be reduced within the Planning Area and may become more fragmented.

Impacts to forested lands will be lower in the Jordan Lake watershed because of water supply watershed regulations limiting the amount of built-upon area. The existing Land Use Plan only includes low-density residential development in this watershed, protecting some forest resources, wildlife habitat, and the Town’s drinking water supply.

Trees also filter air and their shade can cool air temperatures. Loss of forest resources may also impact air quality and temperature.

5.12 Shellfish or Fish and their Habitats

Degradation of water quality and aquatic habitats may, in turn, impact aquatic resources and fish communities. Sources of degradation include increasing erosion of stream channels, sedimentation from construction activities, changed hydrology from increased impervious surfaces, and increased stormwater runoff containing high levels of nonpoint source pollutants. These changes may affect a fish community by altering species diversity and/or the number of individuals within a community which decreases the potential for a long-term sustainable healthy fish community. Those species of fish that are less tolerant of habitat stress and pollutants may disappear from a community, causing a decrease in species diversity. This may occur without the overall quantity of fish present changing. Or both may occur, a community may lose diversity and population.

Changes that may impact the community include sedimentation of channel substrate. Insectivorous fish species dependent on healthy benthic macroinvertebrate communities may be impacted by a loss or change in their food source. Darters and other fish species dependent on riffle habitats may disappear with habitat impacts. Other factors that may change a fish community include replacement of sensitive fish species by pollutant-tolerant exotic species.

The construction of sewer lines, water lines, and roads may also impact water quality and aquatic habitat, particularly where they cross streams. There are sediment impacts from construction although the use of proper erosion and sediment controls help minimize this impact. In addition, where culverts are used for road crossings and not sufficiently buried, a natural substrate will no longer exist to provide aquatic habitat. In general, these impacts are direct impacts, but there is also a cumulative direct impact from previous crossings and other future crossings. The Town does not have the data to review this impact for its entire Planning Area, but will review it as a cumulative direct impact in future EAs and EISs.

5.13 Wildlife and Natural Vegetation

Wildlife resources are primarily impacted by habitat impacts. Further urbanization of the region may impact wildlife resources through the continued:

Loss, fragmentation, or degradation of sensitive and non-sensitive aquatic and terrestrial species and their habitats through conversion of land and wetland areas and filling or piping of streams for residential, business, or public facility uses (The loss of habitat may also increase distances between suitable habitat for a given species.)
Degradation of air resources through increased automobile usage and traffic congestion
Loss of species diversity through the combined impacts listed above

Terrestrial species are impacted by loss of habitat as land use changes occur. Cumulatively, land use changes fragment the landscape. Habitat fragmentation makes wildlife movement more difficult. Over time, a loss in the general number of wildlife individuals may occur as fewer and fewer acres of suitable habitat remain. This impacts the sustainability of a given species and may decrease species and genetic diversity.

Without proper protective measures in place, changes in land use will impact aquatic species and their habitats. The changes in land use lead to increased sedimentation and can deliver more stormwater pollutants to the system, reduce the stability of streambanks, and cause other channel modifications.

Following is a discussion of the potential impacts to more rare wildlife and wildlife habitats found within the Planning Area. Impacts to fish communities were discussed in Section 5.12; forested areas and habitats were discussed in Section 5.11.

5.13.1 Rare, Threatened, or Endangered Species

While the ESA protects threatened and endangered species from takings, SCI to a species’ habitat may, over the long term, reduce the number of individuals of a species. Table 5-3 presents a list of potentially present Federally listed species within the Planning Area and possible SCI to these species. This list is based on the presence of habitat and observations of the species within Wake County at some time.

Table 5-3
Likelihood of SCI to Federally Listed Species within Wake County
Scientific Name	Common Name	Federal Status	County Status	Likelihood of SCI within Planning Area*
Animals
Haliaeetus leucocephalus	Bald eagle	T (P/D)	Current	Not likely to be impacted
Heterodon simus	Southern hognose snake	FSC	Obscure	Not likely to be impacted
Lythrurus matutinus	Pinewoods shiner	FSC	Current	Not likely to be impacted
Aimophila aestivalis	Bachman's Sparrow	FSC	Historic	Not likely to be impacted
Myotis austroriparius	Southeastern Myotis	FSC	Historic	Not likely to be impacted
Picoides borealis	Red-cockaded Woodpecker	E	Historic	Not likely to be impacted
Invertebrates
Alasmidonta heterodon	Dwarf wedgemussel	E	Current	Possible impact
Fusconaia masoni	Atlantic pigtoe	FSC	Current	Probable impact
Elliptio lanceolata	Yellow lance	FSC	Current	Possible impact
Lasmigona subviridis	Green floater	FSC	Current	Possible impact
Speyeria Diana	Diana fritillary	FSC	Obscure	Not likely to be impacted
Plants
Lindera subcoriacea	Bog spicebush	FSC	Current	Possible impact
Trillium pusillum var. pusillum	Carolina least trillium	FSC	Current	Possible impact
Rhus michauxii	Michaux's sumac	E	Current	Not likely to be impacted
Monotropsis odorata	Sweet Pinesap	FSC	Historic	Not likely to be impacted
*A probable impact indicates that without proper mitigation policies and ordinances, an impact to the species is likely. With the mitigation programs summarized in Section 6, the likelihood of impacts will be reduced. A possible impact has a lower probability of impact than a probable impact without proper mitigation policies and ordinances in place.

Based on information gathered from NHP (2004) and CGIA (2004), and the freshwater mussel field survey conducted by CZR (2004), two Federally listed species are present within the Planning Area. A bald eagle nesting site is present just north of Lake Crabtree. It is unlikely that the bald eagle nesting site will be impacted by SCI associated growth in the Planning Area. The food source for this bird is primarily the fish of Crabtree Lake. The Town’s stormwater, erosion and sediment control, and riparian buffer ordinances should limit impacts to Crabtree Lakeand this species food source.

The Atlantic pigtoe mussel species was located in Middle Creek during the mussel survey. It is of note that no dwarf wedgemussel individuals were located within the Planning Area during the survey. In addition, no dwarf wedgemussels were found during a survey conducted in 2001 in downstream areas of Middle Creek from roughly 1500 feet upstream of SR 1006 to SR 1330 in Johnston County (CZR, 2001). Since no dwarf wedgemussels were located on Middle Creek during either survey and the impoundments on Swift Creek will protect any downstream specimens, the potential for the proposed infrastructure to impact this species is low. Communication with wildlife agencies (Appendix A) indicates that there could be impacts to downstream populations through development on Middle Creek and its tributaries downstream of Sunset Lake. As shown on Figure 4-1, much of this area is protected as floodplain, and will result in wide riparian corridors since the Town’s ordinance prohibit residential development in the floodplain, and commercial rarely occurs . A GIS analysis of the Middle Creek floodplain below Sunset Lake indicates that there is approximately 0.32 square miles in floodplain along a mainstem length of approximately 9500 feet. This results in an average floodplain width of 940 feet or approximately 470 feet on each side of the creek. A similar analysis on the tributaries that drain the Town’s Planning Area below Sunset Lake indicate an average floodplain width of approximately 370 feet or 185 feet on each side of the stream. No other Federally listed mussel species were found within the Planning Area.

Other State-listed mussel species are present within the Planning Area. For these aquatic species to survive, their aquatic habitats and associated host fish communities must be preserved. Methods to address and mitigate SCI that may impact water quality and aquatic habitats of these species are presented in Section 6.0.

The construction of sewer lines, water lines, and roads may also impact water quality and the aquatic habitat of these rare mussels, particularly where they cross streams. There are sediment impacts from construction although the use of proper erosion and sediment controls help minimize this impact. In addition, where culverts are used for road crossings and not sufficiently buried, a natural substrate will no longer exist to provide aquatic habitat. In general, these impacts are direct impacts, but there is also a cumulative direct impact from previous crossings and other future crossings. The Town does not have the data to review this impact for its entire Planning Area, but will review it as a cumulative direct impact in future EAs and EISs. For future infrastructure projects that may impact rare species, the Town will work with USFWS to determine whether surveys are needed to evaluate potential impacts.

A Michaux’s sumac is listed as Federally endangered and has been located elsewhere in Wake County; no known occurrences of the plant have been recorded within the Planning Area. Therefore, it is unlikely that this species will be impacted by SCI within the Planning Area. However, since it is located in the County, the potential for direct impacts from all future infrastructure projects will be evaluated. The plant prefers habitat that is disturbed periodically, such as that found along utility lines. Thus, the Town will evaluate the potential for impacts to this species in all future environmental documents.

5.13.2 Natural Vegetation

Within the Planning Area, natural vegetation is typical of Piedmont upland and bottomland communities. However, smaller unique ecosystems are also present. These communities have the potential to be impacted by SCI resulting from growth in the Planning Area. As forested lands are converted to other uses, natural communities will decrease in size. Rare communities may run the risk of being lost if adequate protection is not afforded them.

Loss of natural vegetation also occurs in disturbed areas, as non-native exotic species may begin to out-compete native vegetation and alter community structure. As naturally vegetated areas are converted to other uses, wildlife habitat is lost and/or fragmented. SCI may limit the locations of major tracts of natural vegetation to locations along stream channels currently protected by undisturbed buffer zones. Even without the proposed infrastructure, forested land may be converted to residential land serviced by wells and septic systems. This conversion would likely result in many of the same impacts to natural vegetation and habitat described above.

5.14 Introduction of Toxic Substances

As urbanization continues in the Planning Area, the potential for release of toxic substances from residential and commercial sources increases. The improper disposal of these substances could have adverse impacts on the environment by entering the groundwater system through landfill leachate or entering the sewer system and reaching the WWTPs. Improper disposal could impact groundwater and surface water quality and potentially impact human health through drinking water supplies, fish consumption, and other means.

As the amount of traffic and urban uses in the receiving basin increase, stormwater runoff will contain increasing levels of water pollutants, some of them toxic. Typical urban stormwater pollutants include sediment and silt, nitrogen and phosphorus from lawn fertilizers, oils and greases, rubber deposits, toxic chemicals, pesticides and herbicides, and road salts. Unless contained and treated before entering surface waters, this urban stormwater could impact the water quality and sensitive species living within the receiving basin.

The long-term impact of new toxic discharges to the surface and groundwaters from urban stormwater, landfill leachate, and accidental and/or intentional spill of household and industrial chemicals in the receiving basin could lead to declines in water quality without proper protective measures in place. This could contribute to the potential loss of wildlife and their habitats.

5.15 Summary of Secondary and Cumulative Impacts

Table 5-4 presents a summary of possible and anticipated SCI to natural resources as a result of current and future growth in the Planning Area. This table is meant as a summary and does not determine the level of significance of impacts to each of the natural resource categories. Mitigation efforts to limit environmental resource impacts are detailed in Section 6.

TABLE 5-4 Areas of Potential Impacts to be Addressed by Permitting and Mitigation
Environmental Resource	Potential for SCI	Types of SCIs
Topography and Floodplains	LI	Limited commercial development could occur in floodplain with special use permit; this could result in reduction in water storage capacity, habitat, surface water filtration, and infiltration. Isolation of floodplain from stream by channel entrenchment
Soils	PI	Soil erosion and compaction from new development
Land Use	PI	Conversion of agricultural and forested land uses to mainly residential land uses
Wetlands	LI	Wetland loss results in loss of habitat, habitat fragmentation, reduction in genetic diversity, and loss of attenuation of flow Loss of wetland function through pollutant loading
Prime or Unique Agricultural Land	PI	Conversion to other uses
Public Lands and Scenic, Recreational Areas, and State Natural Areas	LI	Possibility of conversion of adjacent land uses
Areas of Archaeological or Historical Value	LI	Possibility of conversion of adjacent land uses Structural damage due to acid rain and vibrations
Air Quality	LI	Reduction in air quality due to increased vehicular traffic Negative impacts to human health (i.e., asthma) Acid rain Reduced visibility
Noise Levels	PI	Increase in overall noise level in Planning Area Negative impacts to human health
Surface Water Resources	PI	Water quality degradation; increase in stormwater runoff Alteration of natural hydrograph (i.e. magnitude, timing, frequency, duration, rate of change); lower and more frequent low-flow conditions; alteration of channel morphology
Groundwater Resources	LI	Reduction in use for drinking water; potential to become contaminated Groundwater inflow which provides baseflow in streams and supports aquatic life during droughts may be reduced
Forest Resources	PI	Conversion to other uses Reduction in air quality; increase in near-surface air temperature; habitat fragmentation
Shellfish or Fish and their Habitats	PI	Possible aquatic habitat degradation Disruption of food chain; reduction in aquatic insect number and diversity through loss of riffle habitat; reduction in potential for long-term population sustainability
Wildlife and Natural Vegetation	PI	Reduction in available habitat Habitat fragmentation; reduction in genetic diversity; reduction in species tolerance; increased dispersal distance to suitable habitat; reduction in potential for long-term population sustainability
Introduction of Toxic Substances	LI	Increase in likelihood of contamination Negative impacts to human health
PI = Areas of Potential Impact (major relevance in EPA documents and permitting applications) LI = Areas of Limited Impact (minor relevance in EPA documents and permitting applications)

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SECTION 6

Mitigation for Secondary and Cumulative Impacts

Cary is a thriving community in the heart of the Triangle area of North Carolina, between Raleigh and RTP. The Triangle area repeatedly has ranked among the top regions in the country to live or work, find a home or start a business, raise a family or retire. Cary embraces the best of city life and small town environment by supporting the following values:

Sense of security – ranked fifth safest of 350 large national cities
Livability – tree-lined streets and well-groomed subdivisions and office parks
Vibrancy – home to world-class businesses and fast-growing Parks, Recreation, and Cultural Resources program that offers something for everyone
Diversity – variety of demographics
Proactive – progressive approach to protecting the environment, preserving open space, protecting habitat, conserving drinking water, and often requiring more than stipulated by the State or Federal programs

To ensure a high quality of life for its citizens and to continue to be an attractive place to live and raise a family, the Town of Cary is managing its growth using innovative planning approaches and techniques. For example, the Town is linking its land use planning process with watershed protection policies in the northwest and southwest planning areas. In these areas, the Town included watershed modeling in its land use planning process to estimate the difference in pollutant loads from various land use plan scenarios. The Town is also working to address environmental concerns related to open space, water, wastewater, transportation, and stormwater. The Town of Cary has implemented programs to direct growth to its Town Center and areas near RTP, preserve open space, protect floodplain and riparian buffers, and maintain water quality through aggressive erosion and sediment control and stormwater programs.

This section identifies and discusses these local programs and illustrates how they fit with Federal and State programs. These programs mitigate the potential indirect and cumulative impacts discussed in Section 5.

6.1 Summary of Federal and State Regulations and Programs

There are several Federal and State regulations and programs that will mitigate the impacts of growth. These include: the ESA, the Clean Water Act, National Flood Insurance Program (NFIP), stormwater regulations, programs to reduce nutrient loading in the Neuse River Basin, archaeological protection through various laws and programs, the Sedimentation and Pollution Control Act, the Water Supply Watershed Program, Clean Water Management Trust Fund (CWMTF), and Ecosystem Enhancement Program. Table 6-1 summarizes these programs and indicates whether local involvement is needed to fully implement them. Where local programs are needed to implement the State and Federal regulations/programs, the program description is provided under the Town of Cary regulations.

6.1.1 Endangered Species Act

The 1973 ESA conserves ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend, through Federal action and State programs (16 U.S.C. 1531-1544, 87 Stat. 884). The Act:

Authorizes the determination and listing of species as endangered and threatened
Prohibits unauthorized taking, possession, sale, and transport of endangered species
Provides authority to acquire land for the conservation of listed species, using land and water conservation funds
Authorizes establishment of cooperative agreements and grants-in-aid to States that establish and maintain active and adequate programs for endangered and threatened wildlife and plants
Authorizes the assessment of civil and criminal penalties for violating the Act or regulations
Authorizes the payment of rewards to anyone furnishing information leading to arrest and conviction for any violation of the Act of any regulation issued there under.
Requires Federal agencies to ensure that any action authorized, funded, or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat

6.1.2 Fish and Wildlife Coordination Act

The Fish and Wildlife Coordination Act states that whenever the waters or channel of a body of water are modified by a department or agency of the U.S., the department must first consult the USFWS, the National Marine Fisheries Service, and the lead state wildlife agency. The purpose of this Act is to prevent or minimize impacts to wildlife resources and habitat due to water or land alterations. When modifications occur, provisions must be made for the conservation, maintenance, and management of wildlife resources and habitat in accordance with a plan developed with the wildlife protection agencies listed above.

6.1.3 Section 303(d) of Clean Water Act

Section 303(d) of the Clean Water Act requires states to identify waters that do not support their classified uses. These waters must be prioritized, and a TMDL must subsequently be developed. TMDLs are calculations that determine the maximum amount of a pollutant that a waterbody can assimilate and still meet water quality standards, and an allocation of that amount to the pollutant’s sources. As part of the TMDL development process, the sources of the pollutant must be identified, and the allowable amount of pollutant must be allocated among the various sources within the watershed.

Table 6-1 Summary of Existing State and Federal Programs and the Environmental Resources They Protect
Program or Regulation	Local Govt. Program Required	Wetlands	Land Use	Fish and Wildlife	Sensitive Species	Water Quality	Air Quality	Ground-water	Noise	Toxics
Endangered Species Act		X	X	X	X	X
Fish and Wildlife Coordination Act				X	X
Sect 303(d)		X		X		X	X			X
Sect. 404		X	X	X	X	X
Sect. 401		X	X	X	X	X
Protection of Wetlands		X	X	X	X	X
Isolated Wetland Protection		X	X	X	X	X
Safe Drinking Water Act		X	X			X		X		X
Clean Air Act							X
Floodplain Management		X	X			X
NFIP		X	X	X	X	X				X
NPDES Stormwater	X	X		X	X	X				X
Wild and Scenic Rivers Act			X	X	X	X
Archaeological Protection			X
Archaeological and Historic Preservation Act			X
National Historic Preservation Act			X
Protection and Enhancement of Cultural Environment			X
Farmland Protection Policy Act			X
Sediment and Erosion Control	X	X	X	X	X	X
Sanitary Sewer Overflow Regulations.		X	X	X	X	X		X		X
CWMTF		(X)	(X)	(X)	(X)	(X)
NC Ecosystem Enhancement Program		X		X	X	X
Groundwater			X					X		X
Neuse NSW	X	X		X	X	X
WSW	X	X	X	X	X	X
Land Conserv. Incentives		(X)	(X)	(X)	(X)	(X)

X = Demonstrates clear environmental benefits
(X) = Shows potential for environmental benefits (policy only, program not mandatory, or regulation not yet adopted)

DWQ will develop TMDLs or management strategies for the waters identified in Section 4.10.1.1. In addition, DWQ is currently developing a TMDL for the upper New Hope Creek arm of Jordan Lake and a nutrient management strategy for other portions of the lake. Although these TMDL and strategies are currently under development, it is likely that nonpoint source reductions of nitrogen and phosphorus will be required. If necessary, the Town will modify its stormwater management policies to implement the new TMDL.

The Town will work with DWQ to implement other TMDLs as they are developed. In addition, the Town will work with DWQ on management strategies developed for impaired waters within its jurisdiction. For example, the Ecosystem Enhancement Program (EEP) recently developed a management plan for the Swift Creek watershed; the Town met with EEP to discuss the results of the plan and locations of planned BMPs. The Town will work with DWQ and EEP to implement that plan as funding becomes available.

6.1.4 Sections 404/401 of the Clean Water Act

Two main regulatory programs currently regulate impacts to jurisdictional waters, including streams and wetlands in the project area, both of which originate from the Federal Clean Water Act: Section 404, regulation of dredge and fill activities (which is administered by the U.S. Army Corps of Engineers [USACE]), and Section 401, certification that a project does not violate the State’s water quality standards (which is administered by DWQ). All private and public construction activities over a specific acreage that affect jurisdictional waters are required to obtain certifications and permits from DWQ (Section 401 WQ Certification) and USACE (Section 404 Permits), respectively.

Although the State’s 401 Water Quality Certification Program and the Federal 404 Wetlands Protection Programs protect jurisdictional waters by requiring avoidance and mitigation for wetlands across the state, it is possible for permits to be issued under both the State and Federal programs that allow small impacts to jurisdictional waters.

A common problem in the adequate protection of jurisdictional waters is inadequate personnel at both State and Federal levels to enforce the regulations. Effective March 1999, DWQ stepped up the enforcement of regulations for wetlands protection, particularly those related to hydrologic conditions necessary to support wetlands function (15A NCAC 2B.0231(b)(5)) and biological integrity (15A NCAC 2B.0231(b)(6)). DWQ is joined in this initiative by the North Carolina Division of Land Resources (DLR), which also will be looking at possible violations of the State Sedimentation Pollution Control Act.

6.1.5 Protection of Wetlands, Executive Order 11990

The Protection of Wetlands (Executive Order 11990) was set into place to avoid long and short term adverse impacts associated with the destruction or modification of wetlands. Every Federal agency must minimize the destruction, loss, and degradation of wetlands, as well as work to preserve and enhance the natural and beneficial values of wetlands. Federal projects must avoid wetland impacts and where avoidance is not possible, minimize impacts to wetlands.

6.1.6 Isolated Wetland Protection

Isolated wetlands are those that have no visible connection to surface waters, and are therefore not regulated under Section 404 of the Clean Water Act. North Carolina’s Division of Water Quality has jurisdiction over isolated wetlands within the state’s boundaries. NC DWQ states that any activity that results in the loss of wetland function including filling, excavating, draining, and flooding shall be considered a wetland impact. Impacts to isolated wetlands are subject to the requirement of NC DWQ permitting and mitigative measures.

6.1.7 Safe Drinking Water Act

The Safe Drinking Water Act (SDWA) provides protection of public health by regulating the nation’s drinking water supply. The SDWA authorizes the USEPA to set national health standards for drinking water to protect against natural and man-made contaminants that may be found in public drinking water. The USEPA is charged with the responsibility of assessing and protecting drinking water sources, as well as ensuring the appropriate treatment of water by qualified operators. The USEPA is also to ensure the integrity of water delivery systems and inform the public of the quality of their drinking water supply.

6.1.8 Clean Air Act

On April 15, 2004, the USEPA designated ozone nonattainment areas. These nonattainment areas have either violated the national 8-hour ozone standard or have contributed to the violation of the national 8-hour ozone standard. The USEPA categorized these nonattainment areas into five groups ranging from basic to severe, with basic having the least stringent requirements and severe having the most stringent requirements. Wake County is classified as a basic nonattainment area and therefore, the County must meet an ozone attainment date of June 2009. As a result of this classification, local and state regulators must develop a plan to meet the 8-hour ozone standard.

The area will be subject to transportation conformity requirements that require local transportation and air officials to ensure that transportation projects do not affect the area’s ability to reach its clean air goals. Conformity requirements may require alternative transportation methods to limit additional roads and vehicle miles traveled, as well as transportation control measures to offset the growth in vehicle miles traveled. For example, this could include the use of alternative fuel vehicles or the use of intelligent transportation systems that use detection loops and other systems to monitor traffic. The intelligent transportation system provides drivers with information concerning lane closures and other traffic delays so they can use alternative routes and reduce idling and emissions.

In North Carolina, the Division of Air Quality has implemented an aggressive Air Awareness Education Program that includes daily reports on the ozone forecasts by meteorologists, television, newspapers, and radio. The public has become very informed of ozone issues and steps they can take to reduce ozone emissions, which include combining errands into one trip, maintaining automobiles and lawn equipment, and using lawn equipment in the evening.

In addition to the effects on transportation, new and expanding industries in the County will be subject to strict emission control requirements. Implementing these strict control requirements will result in significant costs to industry and could discourage new industry from coming to the County.

6.1.9 Floodplain Management, Executive Order 11988

Floodplain Management (Exec. Order 11988) addresses the long and short term adverse impacts associated with the occupancy and modification of floodplains. Federal agencies must take action to reduce the risk of flood loss and flood impacts on human safety, health, and welfare. Agencies are also charged with the responsibility to restore and preserve the natural and beneficial values of a floodplain. Federally supported projects that directly impact floodplains need to consider alternatives which avoid the floodplain.

6.1.10 National Flood Insurance Program

A Federal non-regulatory program that may afford some protection to stream riparian areas and wetlands, and also protect water quality by restricting floodplain development, is the National Flood Insurance Program (NFIP). FEMA manages this program, which was created in the 1960s in response to the rising cost of taxpayer-funded disaster relief for flood victims and the increasing amount of damage caused by floods. Floodplain management under the NFIP is an overall program of corrective and preventive measures for reducing flood damage. It includes but is not limited to emergency preparedness plans, flood control works, and floodplain management regulations; and it generally covers zoning, subdivision, or building requirements and special-purpose floodplain ordinances. Protection of wetlands and riparian areas is provided through restrictions on development within floodplains. Information on Cary’s flood protection programs that exceed NFIP requirements are further discussed in the Local Regulations and Programs section.

6.1.11 NPDES Stormwater Regulations

NPDES stormwater discharges are controlled by Federal NPDES regulations, as enforced by DWQ. The program regulates all major discharges of stormwater to surface waters. NPDES permits are designed to require the development and implementation of stormwater management measures. These measures reduce or eliminate pollutants in stormwater runoff from certain municipal storm sewer systems and industrial activities.

The NPDES stormwater permitting system is being implemented in two phases. Phase I was implemented in 1991 and applied to six municipal separate storm sewer systems (MS4s) in North Carolina with populations exceeding 100,000. USEPA’s Phase II rules were finalized on October 29, 1999, and published in the Federal Register on December 8, 1999. Under NPDES Phase II regulations, the Town of Cary is required to develop and implement a stormwater management program.

There are six minimum measures to the Phase II requirements:

Illicit discharge detection and elimination
Construction site runoff control for sites of one acre or more
Post-construction runoff control
Pollution prevention and good housekeeping
Public education and outreach
Public participation and involvement

For the post-construction runoff control, DWQ requires local governments subject to Phase II to require new developments where density exceeds 24 percent built-upon area to implement stormwater best management practices (BMPs). These BMPs must control and treat the difference in stormwater runoff volume leaving the project site between the pre- and post-development conditions for the 1-year, 24-hour storm. In addition, the BMPs must achieve 85 percent reduction in total suspended solids (TSS) loading.

The Town of Cary submitted its Phase II permit application, which exceeds the Federal requirements, in February 2003. The Town’s stormwater programs are discussed further under the Local Regulations and Programs section.

6.1.12 Wild and Scenic Rivers Act

The Wild and Scenic River Act charges the United States with the protection of selected rivers of the nation. These rivers include those that posses remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values. These rivers should be preserved for the benefit and enjoyment of future generations. The Act prescribes the method for designating standards for selection of rivers to be protected under this policy. The classification of rivers under this Act fall into three different categories separated by different characters. These classifications include:

Wild river areas: Rivers or sections of rivers that are free of impoundments and are generally inaccessible except by trail. Watershed and shorelines surrounding this river class are essentially primitive and waters are unpolluted.
Scenic river areas: Rivers or sections of rivers are similar in character to wild river areas, but can be accessed in places by roads.
Recreational river areas: Rivers or sections of rivers that are readily accessible by road or railroad, and may have development along their shorelines. These rivers may have undergone some impoundment or diversion in the past.

No Wild and Scenic rivers exist in Wake County.

6.1.13 Archaeological Protection

Archaeological resources are protected on private and public lands through the North Carolina Archaeological Resources Protection Act, the Unmarked Human Burial and Human Skeletal Remains Protection Act, the North Carolina Archaeological Record Program, SEPA, and various Federal laws. Unfortunately, these laws are only applicable to projects that are State or Federally approved, permitted, or funded, or exist on State or Federal lands. Although this often exempts many private development projects, the USACE does require archaeological reviews for any project that needs a Section 404 (Federal wetlands) permit.

6.1.13.1 Archaeological and Historic Preservation Act

The Archaeological and Historic Preservation Act of 1974 provides protection of historical American sites, buildings, objects, and antiquities of national significance. The Act protects all historical and archaeological data that could potentially be lost due to:

Flooding
Building of access roads
Erection of workmen’s communities
Relocation of highways and railroads
Alteration of terrain caused by the construction of dams (by the U.S. government and private corporations)
Any alteration of terrain as a result of any Federal construction project or any Federally licensed project

If any Federal agency finds that a federally supported project may cause irreparable loss or destruction of scientific, prehistorical, historical, or archaeological data, the agency must notify the Department of the Interior so it may undertake recovery, protection, and preservation of the data.

6.1.13.2 National Historic Preservation Act

The National Historic Preservation Act is the central act that establishes historic preservation law. The act sets the policy for the U.S. government to promote conditions in which historic properties can be preserved in harmony with modern society. The Act authorizes the Department of the Interior to establish, maintain, and expand the National Register of Historic Places. State Historic Preservation Officer (SHPO) responsibilities are established by the Act, and it levees them with the responsibility to develop a statewide plan for preservation, surveying historic properties, nominating properties to the National Register, providing technical assistance to Federal, State, and local agencies, as well as undertaking the review of Federal activities that affect historic properties.

6.1.13.3 Protection and Enhancement of the Cultural Environment, Executive Order 11593

This Order requires the federal government to provide leadership in preserving, restoring, and maintaining the historic and cultural environment of the nation. Federal agencies, in cooperation with State historic preservation agencies, are to locate, inventory, and nominate sites, buildings, districts, and objects for candidacy for the National Register of Historic Places. All sites listed within the National Register shall be maintained to professional standards set by the Secretary of the Interior. Federal agencies that are directly or indirectly involved with the alteration or destruction of property listed on the National Register of Historic Places will take timely steps to make record of all data present in that property. That record is kept in the Library of Congress.

6.1.14 Farmland Protection Policy Act

The purpose of the Farmland Protection Policy Act is to minimize the extent to which Federal programs contribute unnecessary and irreversible conversion of farmland to non-agricultural uses. The Act assures that Federal programs will be administered in such a manner to not be incompatible with State and local governments, as well as private programs with policies to protect farmland. The USDA enforces this Act.

6.1.15 Sediment and Erosion Control

The DLR administers programs to control erosion and sedimentation caused by land-disturbing activities on one or more acres of land. Control measures must be planned, designed, and constructed to protect from the calculated peak rate of runoff from a 10-year storm. Enforcement of the program is at the State level, but may be delegated to local governments with certified erosion control programs. The Town of Cary enforces its own erosion and sedimentation control program, which exceeds DLR requirements. This program is discussed further under the Local Regulations and Programs section.

6.1.16 Sanitary Sewer Overflows

The USEPA prohibits discharges to Waters of the United States from MS4s, unless authorized by an NPDES permit. In April 2000, the USEPA released the Compliance and Enforcement Strategy Addressing Combined Sewer Overflows and Sanitary Sewer Overflows. In summary, each USEPA region is responsible for developing an enforcement response plan, which includes an inventory of sanitary sewer overflow violations, and describes how 20 percent of the priority systems with sanitary sewer overflow violations will be addressed each year (personal communication with Kevin Weisee, USEPA). Municipalities may now obtain guidance from the USEPA for their systems.

State regulations (15A NCAC 2B.05.06) require municipalities and other wastewater treatment operators to report wastewater spills from discharges of raw sewage from broken sewer lines and malfunctioning pump stations within 24 hours. DWQ adopted policies that include strict fines and other enforcement programs to protect surface water quality from wastewater spills.

The North Carolina Clean Water Bill of 1999 provides for the development of permits for collection systems. These permits include requirements for inspections, sewer maintenance, and other operational items. The Town of Cary Wastewater Collection System Permit was issued on May 9, 2002.

6.1.17 North Carolina Clean Water Management Trust Fund

The Clean Water Management Trust Fund (CWMTF) was created by the 1996 Legislature to help finance projects that specifically address water pollution problems. It is a non-regulatory program that focuses its efforts on upgrading surface waters in distress, eliminating pollution, protecting and conserving unpolluted surface waters, and establishing a network of riparian buffers and greenways for environmental, educational, and recreational benefits. According to the enabling legislation, 6.5 percent of the unreserved credit balance remaining in the State’s General Fund at the end of each fiscal year is allocated to the CWMTF for disbursement. The minimum amount available must be $30 million.

Possible use of CWMTF monies could be for wetland and/or riparian corridor identification and preservation (through acquisition and easement techniques) to allow comprehensive protection of wetlands and riparian buffers in the project area to protect water quality and sensitive aquatic species.

The Town of Cary received CWMTF money to acquire and protect riparian buffer and floodplain areas within the White Oak Creek watershed. The Town also plans to submit an application to construct wetlands at the headwaters of Swift Creek and perform stream restoration.

6.1.18 North Carolina Ecosystem Enhancement Program (formerly Wetlands Restoration Program)

The Ecosystem Enhancement Program was established as a non-regulatory program within DENR to:

Provide a systematic approach for meeting NCDOT’s compensatory mitigation requirements
Maximize the ecological benefit of compensatory mitigation projects
Reduce delays in the construction of transportation improvement projects associated with compensatory mitigation requirements

The Ecosystem Enhancement Program also provides a compensatory mitigation option for permit applicants other than the NCDOT, administers the Mitigation Program for Protection and Maintenance of Existing Riparian Buffers in the Neuse, Tar-Pamlico, and Catawba River Basins, and provides a repository for nutrient offset payments in the Neuse River Basin.

The Town will work with EEP to implement plans EEP develops within its jurisdiction. For example, EEP recently developed a management plan for the Swift Creek watershed; the Town met with EEP to discuss the results of the plan and locations of planned BMPs. The Town will work with EEP to implement that plan as funding becomes available.

6.1.19 Groundwater Protection

Several regulations and programs exist at the State and local levels that protect groundwater from urban growth:

Wellhead Protection Program
Regulation of potential contamination sources
Management of groundwater contamination incidents
Ambient groundwater monitoring
Regulation of well construction

These programs may afford some protection to groundwater wells from the most common forms of groundwater pollution—point sources such as chemical manufacturing facilities, underground storage tanks, and accidental spills. However, more diffuse and evasive groundwater pollutants from agricultural uses (livestock facilities and chemical application on crops) and urban land uses (over-application of fertilizers and improper use of toxic household chemicals) may not be well managed under these programs.

6.1.20 Neuse River Basin Nutrient Sensitive Waters Rules

The entire Neuse River Basin was classified as NSW in 1988. As a result of the NSW classification, a nutrient management strategy was initially developed to manage phosphorus from point-source dischargers, and nitrogen and phosphorus from nonpoint sources. At that time, most of the nutrient problems were occurring in the lower freshwater portion of the river, and phosphorous was considered the controlling nutrient.

Increasing algal blooms and fish kills in the estuarine portion of the Neuse River, attributed to nitrogen over-enrichment, led to a revision of the NSW strategy to address nitrogen inputs to the estuary. The Neuse River NSW Strategy Rules became effective August 1, 1998. While this revised strategy places more stringent nutrient removal requirements on point-source dischargers, the strategy also addresses other sources of nutrients, including urban stormwater, agricultural sources, and nutrient application management. In addition, the strategy includes special provisions to protect stream buffers to prevent further degradation of the watershed’s ecological integrity. Rules specific to Cary are discussed further under the Local Regulations and Programs section.

6.1.21 Water Supply Watershed Protection Program

The Environmental Management Commission and DWQ have administered a Water Supply Watershed Protection Program since 1986. Initially, the program was administered voluntarily by counties and municipalities pursuing protective measures for their water supply watersheds. The measures included limitations on the number and type of wastewater discharges that were allowed in the water supply watersheds.

In 1989, the North Carolina General Assembly ratified the Water Supply Watershed Protection Act, codified as General Statutes 143-214.5 and 143-214.6. This Act mandated the Environmental Management Commission to adopt minimum statewide water supply protection standards by January 1, 1991, and to reclassify all existing surface water supply watersheds to the appropriate classification by January 1, 1992. The goals of the Water Supply Watershed Protection Program include:

Protection of surface drinking water supplies in North Carolina from nonpoint source and point source pollution from urban runoff and wastewater discharges
Provision of a cooperative program of watershed management and protection that is administered by local governments consistent with minimum statewide standards

DWQ manages the program through oversight of local planning ordinances and monitoring of land use activities. Local WSW programs must be approved by the Environmental Management Commission. The WSW program requires local governments to adopt various land use controls and limitations based on watershed classifications. This program:

Limits impervious surfaces around water supplies unless stormwater controls are used
Requires protection of riparian buffers (100-foot buffers in all development that exceeds the low-density option, or 30-foot buffers otherwise along perennial waters)
Limits some land uses
Limits dischargers (NPDES permits in certain situations)
Allows the use of clustering and density-averaging to meet overall development density limits
Watersheds that are protected under the WSW Program have a classification of WS-I through WS-V, where WS-I has the most restrictive controls.

A large portion of the Town of Cary is within the Jordan Lake and Swift Creek WSWs. The Town of Cary has developed watershed protection overlays and restrictions associated with these areas (See the Local Regulations and Programs section).

6.1.22 Conservation Reserve Enhancement Program

The USDA and DENR have launched the Conservation Reserve Enhancement Program, with the participation of the Natural Resources Conservation Service, the Farm Service Agency, the EEP, and the CWMTF to create 5,000 acres of buffers and conservation areas in the Jordan Lake watershed. The Conservation Reserve Enhancement Program is also available in the Neuse River Basin. This program uses financial incentives to encourage farmers to voluntarily remove sensitive land from agricultural use.

6.1.23 Miscellaneous Incentive Programs

Other voluntary strategies exist at Federal and State levels that provide incentives to protect natural lands, wetlands, agricultural lands, and sensitive species habitat and forest lands from development. These non-regulatory approaches include providing tax credits for donating lands to specific organizations (usually land trusts) and offering funding for various grants and trust funds to purchase or protect undeveloped lands.

6.2 Local Regulations and Programs

Environmental protection is a cornerstone value in the Town of Cary. The Town has developed several programs to meet its internal goals to provide a quality life for its citizens. To meet those goals, Cary has established the following:

Open space and historic resources master plan with emphasis on protecting important habitat areas and water quality
Parks, recreation, and cultural resources master plan
Growth management plan
Land use plans that encourage growth in certain areas and discourage growth in other areas

Cary has also reviewed its 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 that affect development procedures. This 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 6-3 illustrates the environmental resources protected by the various programs.

Table 6-2 Summary of Existing Local Programs
Riparian Buffers LDO Section 7.3.2	Requirements greater than the State’s requirements. 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 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: Zone 1 (inner 30 feet) has severe development restrictions; Zone 2 (the next 20 feet) has strict development restrictions, and Zone 3 (the outer 50 feet) has moderate development restrictions. All residential lots must be platted outside the riparian buffers.
Floodplain Protection LDO Section 7.5 LDO Section 3.12	Requirements greater than the State’s requirements. Cary has prohibited any residential development in the 100-year floodplain since 1978. This includes prohibiting development where the first floor elevation is above the 100-year floodplain. Cary’s LDO requires that all residential lots platted after May 2001 be platted outside of floodplains and stream buffers. New construction or substantial improvements to any residential structure must be located outside the flood hazard area, and the lowest floor must be at least 2 feet above the base flood elevation. Non-residential development in floodplains is allowed if the first floor is 2 feet above the floodplain elevation, but only through a special use permitting process that discourages most development from occurring in the floodplain. No encroachment, including fill, is allowed in the floodway unless a Special Use Permit is issued.
Erosion and Sediment Control Program LDO Section 7.4 LDO Section 3.13	Requirements greater than the State’s requirements. The Town of Cary’s sediment and erosion control practices support an overall stream protection plan by limiting in-stream suspended sediment and sediment deposition. The erosion and sediment control strategy is discussed at a pre-construction conference through the permit and plan approval process, which also allows for the review of stormwater controls. The Town 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 is of sufficient width to confine visible siltation within the 25 percent of the undisturbed zone nearest the land disturbing activity. Tree protection fencing and silt fencing are required as erosion and sediment control measures, along with perimeter ditches or perimeter swales, if practical. Sediment and erosion control plans must use the latest proven technology related to erosion and sediment control practices and limit exposure time. The Town of Cary also encourages contractor education and training related to erosion and sediment control.
Stormwater Program and Impervious Surface Limitations LDO Section 7.3.3 to 7.3.8 LDO Section 4.4.6	Requirements greater than the State’s requirements. Developers must determine the nitrogen loading levels attributed to new development, and they must install BMPs to meet established goals; policy applies in the Cape Fear River Basin as well as Neuse River Basin. The pre-development peak runoff rate be maintained for the 1-year, 24-hour storm. If the difference between pre- and post- runoff exceeds 10 percent, the developer must capture the entire difference onsite. On 27 February 2003, the Cary Town Council approved its Phase II Federal NPDES Stormwater compliance application. The Phase II program regulates discharges of stormwater to surface waters and requires control of TSS, fecal coliform, and nutrients town-wide. DWQ’s current Phase II regulations require that the overall runoff volume be controlled for the 1-year, 24-hour storm. The Town of Cary limits impervious surfaces 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 II, any development that exceeds 24 percent must implement stormwater BMPS. Cary has an active stormwater education program.

Table 6-2

Summary of Existing Local Programs

Program

Summary

Riparian Buffers

LDO Section 7.3.2

Requirements greater than the State’s requirements.

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 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: Zone 1 (inner 30 feet) has severe development restrictions; Zone 2 (the next 20 feet) has strict development restrictions, and Zone 3 (the outer 50 feet) has moderate development restrictions.

All residential lots must be platted outside the riparian buffers.

Floodplain Protection

LDO Section 7.5

LDO Section 3.12

Requirements greater than the State’s requirements.

Cary has prohibited any residential development in the 100-year floodplain since 1978. This includes prohibiting development where the first floor elevation is above the 100-year floodplain.

Cary’s LDO requires that all residential lots platted after May 2001 be platted outside of floodplains and stream buffers. New construction or substantial improvements to any residential structure must be located outside the flood hazard area, and the lowest floor must be at least 2 feet above the base flood elevation.

Non-residential development in floodplains is allowed if the first floor is 2 feet above the floodplain elevation, but only through a special use permitting process that discourages most development from occurring in the floodplain. No encroachment, including fill, is allowed in the floodway unless a Special Use Permit is issued.

Erosion and Sediment Control Program

LDO Section 7.4

LDO Section 3.13

Requirements greater than the State’s requirements.

The Town of Cary’s sediment and erosion control practices support an overall stream protection plan by limiting in-stream suspended sediment and sediment deposition. The erosion and sediment control strategy is discussed at a pre-construction conference through the permit and plan approval process, which also allows for the review of stormwater controls.

The Town 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 is of sufficient width to confine visible siltation within the 25 percent of the undisturbed zone nearest the land disturbing activity.

Tree protection fencing and silt fencing are required as erosion and sediment control measures, along with perimeter ditches or perimeter swales, if practical.

Sediment and erosion control plans must use the latest proven technology related to erosion and sediment control practices and limit exposure time.

The Town of Cary also encourages contractor education and training related to erosion and sediment control.

Stormwater Program and Impervious Surface Limitations

LDO Section 7.3.3 to 7.3.8

LDO Section 4.4.6

Requirements greater than the State’s requirements.

Developers must determine the nitrogen loading levels attributed to new development, and they must install BMPs to meet established goals; policy applies in the Cape Fear River Basin as well as Neuse River Basin.

The pre-development peak runoff rate be maintained for the 1-year, 24-hour storm. If the difference between pre- and post- runoff exceeds 10 percent, the developer must capture the entire difference onsite.

On 27 February 2003, the Cary Town Council approved its Phase II Federal NPDES Stormwater compliance application. The Phase II program regulates discharges of stormwater to surface waters and requires control of TSS, fecal coliform, and nutrients town-wide. DWQ’s current Phase II regulations require that the overall runoff volume be controlled for the 1-year, 24-hour storm.

The Town of Cary limits impervious surfaces 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 II, any development that exceeds 24 percent must implement stormwater BMPS.

Cary has an active stormwater education program.

Table 6-3

Summary of Existing Local Programs and the Environmental Resources They Protect

Program	Terrestrial Habitat Protection	Aquatic Habitat Protection	Water Quality and/or Quantity Protection	Air Quality Protection
Growth Management Plan	X	X	X	X
Open Space Plan	X	X	X	X
Land Use Plan	X	X	X	X
Land Development Ordinance and Zoning	X	X	X	X
Parks, Greenways, and Bikeways Plan	X	X	X	X
Riparian Buffers and Floodplain Protection	X	X	X	X
Water Supply Watershed Protection	X	X	X
Erosion and Sediment Control		X	X
Stormwater Program and Impervious Surface Limitations		X	X
Water Conservation		X	X
Water Reuse		X	X
Air Pollution Prevention				X
Tree Protection	X	X	X	X

6.2.1 Growth Management Plan

The Town of Cary’s Growth Management Plan lays the foundation for achieving many of the Town’s goals and objectives. The Growth Management Plan provides a framework for incorporating continuing projects and new initiatives within a larger management strategy, and serves as a guide for long-range planning, revision of local development regulations and review processes, and infrastructure investment.

The Growth Management Plan identifies and prioritizes specific tasks and provides an implementation schedule for each task. The Cary Town Council adopted the Growth Management Plan on January 13, 2000. Tasks are ranked as high priority (desired results by 2001), medium priority (desired results in 2002 or ongoing), and low priority (desired results by 2003 or ongoing). Several tasks have already been completed, as indicated in Table 6-4.

6.2.2 Open Space Preservation

Open space helps maintain the overall level of perviousness within a watershed. Open space that preserves wetlands and riparian areas also filters pollutants from upland (upstream and draining to the open space) developed areas within a watershed. Open space can serve other ecological and human functions, such as providing high quality habitat to allow for greater species diversity, and passive and active recreation opportunities for the area’s citizens. In Cary, open space protection can provide additional land around Jordan Lake and Umstead Park and provide wildlife corridors between these important habitat areas.

Table 6-4 Growth Management Plan Tasks, Status, and Priority of Ongoing Tasks
Task	Priority	Task Status
Identify a sustainable, long-term rate of growth (3 to 4 percent) and develop suitable implementation mechanisms to ensure that the Town’s infrastructure and services are not unduly burdened by new development	NA	Completed
Implement conservation and preservation of high-priority lands and open space to prevent the loss of Cary’s most important natural resources, through direct acquisition by the Town and through support of private efforts	NA	Completed (land for open space is being acquired)
Implement the parks and recreation element of the Cary Comprehensive Plan to ensure that sufficient park and recreation resources are available to serve new growth	NA	Completed
Enforce expanded buffer requirements (50 and 100 feet) to protect watershed and water quality	NA	Completed
Continue preparation of the Design Guidelines Manual to ensure that new development meets the Town’s design standards	NA	Completed
Prepare a clear-cutting ordinance to preserve and protect trees and vegetation during the development process	NA	Completed
Monitor Cary’s ultimate build-out population as new plans, policies, and regulations are adopted to ensure that the Town’s ultimate size conforms with its growth management goals	High Priority	Partially Completed
Amend the Unified Development Ordinance (UDO) to require higher minimum densities in preferred growth areas: - Amend the seven Planned Unit Development (PUD) requirements to ensure compatibility with surrounding land uses - Encourage or require cluster development to protect sensitive natural resources and open space on a site-specific basis - Locate and clarify vague and/or unclear development standards	High Priority	Partially Completed Partially Completed Completed Partially Completed
Adopt annexation requirements to prevent leapfrog extensions of the Town’s boundaries that may encourage sprawl-type development	High Priority	Partially Completed
Work with neighboring jurisdictions (Apex, Holly Springs, and Chatham County) to identify possible growth areas so that planning efforts may be coordinated and potential areas of conflict may be identified	High Priority	Partially Completed
Work cooperatively with landowners to develop PUDs so that the Town may more easily impose conditions on new development to ensure compatibility with surrounding land uses	Medium Priority	Partially Completed
Revise annexation and rezoning application review criteria to address the Town’s growth management goals	Medium Priority	New Task
Work with local delegation of the General Assembly to achieve transfer of development rights enabling legislation. Once this legislation is granted, develop a transferable density credit system that allows owners of sensitive lands to transfer the development potential of their property to other, preferred locations	Medium Priority	New Task
Develop and adopt a system to monitor a desired balance of residential and non-residential development for tax base purposes	Medium Priority	New Task
Pursue intergovernmental cooperative planning agreements to foster a regional approach to growth management	Medium Priority	New Task
Revisit the Land Use Plan to confirm previously identified areas for additional growth and to identify new areas where future concentrated development might occur	Low Priority	Partially Completed Task

The Town of Cary has several programs to preserve open space. These include open space plans and initiatives, land use plans, LDOs, and greenway plans. Each of these initiatives is described in greater detail below.

6.2.2.1 Open Space and Historic Resources Plan

The OSHRP is Volume 7 of the Town of Cary Comprehensive Plan and was adopted August 23, 2001. This plan provides actions to identify and protect the Town’s natural resources, historic areas, and other special environmental and cultural features. The purpose of the Plan is to identify, evaluate, and prioritize resources; establish preservation goals; and guide the implementation of an open space program. Implementation of the OSHRP will achieve previously recommended preservation goals in the Town’s Land Use Plan and Growth Management Plan. Together with the Town’s Parks, Greenways, and Bikeways Master Plan, the OSHRP provides a framework for the eventual development of a “green infrastructure” for Cary.

The OSHRP was developed using a three-step process:

1. Agreement on the open space that currently exists and evaluation of existing ordinances

2. Assessment of where the Town wants to expand open space by preserving sensitive areas, upland farmland, and historic districts

3. Evaluation of methods to obtain lands, including mandatory dedications and voluntary acquisitions through a land trust or land conservancy or the Town itself, and to obtain funding sources for public acquisitions

Preparation of the OSHRP included coordination with WRC, State Parks, USACE, Wake County (Parks and Planning), citizen input, non-profit organization input, and other applicable State, Federal, and local agencies for lands around Jordan Lake, Crabtree Creek, and Umstead State Park. By working with other agencies, the Town was able to ensure that its plans would result in interconnected open space with other planned open space lands. The Town of Cary uses the OSHRP for guidance on working with these and other agencies to jointly preserve open spaces in these areas.

Goals of the OSHRP are to:

1. Create an interconnected system of preserved open spaces.

· Conserve a contiguous network of open, natural areas – a green infrastructure.

· Create trail corridors and greenways between open space areas.

· Create efficiency of scale for land management.

· Provide recreational and educational benefits to citizens.

2. Protect environmentally significant areas.

· Conserve contiguous forests.

· Protect wildlife corridors.

· Protect habitat and species diversity.

· Protect significant natural features.

· Preserve wetlands and stream buffers.

3. Protect cultural resources.

· Preserve historic landscapes that reflect our rural heritage.

· Protect working farms.

· Preserve viewsheds and scenic vistas that provide relief from the built environment.

4. Inform resource landowners about the values, benefits, and opportunities of preservation.

· Encourage resource landowners to do long-range planning for their land.

· Provide technical assistance and preservation incentives to resource landowners.

· Keep landowners informed of preservation programs and opportunities.

In May 2001, the Town of Cary completed an ecological assessment for the OSHRP. The study areas in the ecological assessment encompassed streams draining the western portion of the Planning Area in the Cape Fear River Basin (Beaver Creek, White Oak Creek, Bachelor Branch, and Kit Creek) and the eastern portion of the study area in the Neuse River Basin (Middle Creek, Swift Creek, and Crabtree Creek). The ecological assessment prioritized significant resources for multiple ecological benefits including water quality, biological diversity, and conservation or restoration of natural resources. Priorities were established through the use of GIS analysis and field investigations (Cary February 2000 and March 2000).

The Town of Cary Open Space System contains 20,100 acres, including the significant resource areas identified through the ecological assessment and the greenway/open space corridors (800 feet wide). This includes 11,900 acres of currently existing and potential open space and 8,200 acres of developed land, which represent potential long-term additions to be preserved as open space by redevelopment or sale. The potential open space acreage includes preserved land that is publicly and privately owned; Open Space System land that is in private ownership, vacant, or slightly developed that could function as open space; and stream buffers.

Open space will be acquired through various means. Some examples of acquisition methods include:

Outright purchase by the Town of Cary
Negotiation of a conservation easement or other agreement between the Town and the property owner
Land dedication requirements, such as the Town’s stream buffer rules
Donation or bargain sale by property owners for Federal and State tax incentives
Cooperative arrangements with other governmental agencies

Final cost estimates to acquire the land to implement the OSHRP were developed as part of the plan. The open space program costs are expected to vary as a function of the methods of preservation described above. Outright acquisition of all parcels would cost hundreds of millions of dollars. The Cary Town Council budgeted $12.5 million in FY2002 to begin implementation of the OSHRP. The Town has used much of this funding as matching funds on grants to maximize the amount of land they can protect. The Town of Cary Utility Fund allows approximately $1 million per year to be used as matching funds for open space preservation. In May 2005, the Town held a successful bond vote for $10 million to acquire open space.

EcoScience Corporation (2001) developed a database of natural and cultural data for each candidate parcel of land. A variable representing each resource feature was used. Each variable was ranked 0 to 3 and weighted according to the Town of Cary’s planning objectives. A matrix evaluation system was developed to quantify and rank variables according to cumulative values. This system was used to establish a list of priority sites to purchase. The system was included in the Facilities Master Plan.

The Town has begun implementing the OSHRP. Town staff are evaluating significant resource properties identified in the plan and developing recommendations for preservation or acquisition. Decisions will be based on:

Citizen input
Ecological and historic significance
Proximity to an existing or planned park or greenway corridor
Threat of loss from development
Cost and manageability of the land

As outlined above, one of the goals of the Town of Cary is to develop an interconnected open space system. To achieve this in an urbanizing area, the Town negotiates open space preservation during the development review process. Riparian buffers and protected floodplains as described in Section 6.2.6 also serve to connect open space.

Finally, the Town would like to protect agricultural land within its Planning Area. Thus, it has located farms on its Open Space Plan to try to protect these areas as open space. Farm protection programs to help preserve these areas as open space reside at the County level; these programs include tax incentives for farmers and the creation of Voluntary Agricultural Districts as described in Appendix B.

6.2.3 Land Use Plan

Land use plans contain a town’s official policy on the form and pattern of future development within its jurisdiction. These plans are used to direct growth by serving as a reference to guide Town staff and official boards as they develop new standards and ordinances and when considering rezoning, annexation, subdivisions, and site plans. The plans are also used to direct public infrastructure and aid decisions for private sector investment.

Cary’s existing Land Use Plan was adopted in November 1996 and amended to include the Southeast Gateway Plan in March 1998, the Town Center Area Plan in August 2001, the Northwest Cary Area Plan in September 2002, and the Southwest Area Plan in August 2004 (Figure 6-1). The Southeast Gateway Plan was revised in September 2004. Specific land use planning objectives established by Cary relate to managing growth to prevent urban sprawl, protect natural resources, and prevent environmental degradation. They include:

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Preserve open space.
Promote and preserve trees, urban forests, and natural open space during development.

Preserve and maintain Cary’s water quality by protecting natural stream corridors and watersheds.
Encourage traditional neighborhood design standards, with pedestrian-oriented amenities such as neighborhood recreation areas, open spaces, and commercial services.
Define and control suburban sprawl.
Develop neighborhood-oriented community and regional parks, open spaces, and greenways to adequately serve Cary’s growing and existing population.
Emphasize pedestrian-oriented development to achieve a comprehensive system of bicycle lanes, greenways, and sidewalks that connect to neighborhoods, parks, schools, offices, commercial areas, and other public spaces.
Effectively manage long-term growth through a comprehensive and proactive planning process.
Actively participate in regional planning efforts.
Support effective zoning, land use, and development regulations and enforcement.

To achieve these goals, Cary developed its Land Use Plan to direct growth to the Town Center, in areas near RTP, and along other growth corridors. Lower density development is planned in areas closer to Jordan Lake to protect the drinking water supply and important habitat areas. The policies not only help protect the drinking water supply and habitat, but also help reduce air quality impacts by concentrating the population in areas in proximity to employment and commercial centers.

6.2.3.1 Northwest Area Plan

The Northwest Area Plan adopted on September 12, 2002 by the Town Council regulates development and land use for over 8,100 acres and establishes riparian buffers and critical areas in the watershed (Figure 6-2). Selected guiding principles of the plan are to minimize water quality impacts to Jordan Lake reservoir by balancing the amount of future development with the capacity of the ecosystem while accommodating higher density growth near RTP and transportation corridors.

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Open space corridors that follow Kit Creek, Panther Creek, Morris Branch, and Nancy Branch are approximately 400 feet wide on average, with 200-foot buffers. These riparian corridors are designated on the Northwest Area Plan, and preservation of these corridors, beyond the required 100-foot buffers, is negotiated on a project-by-project basis. The plan limits impervious surfaces in new developments to twelve percent in the watershed without stormwater controls. The plan includes higher density development in proximity to RTP to encourage shorter commuting, as well as trails to RTP for alternative transportation. Lower density development is planned near Jordan Lake to protect the drinking water supply. Through the rezoning process, the Town of Cary has obtained one park adjacent to the American Tobacco Trail and Corridor and is negotiating the acquisition of two additional parks next to the American Tobacco Trail. Open space and greenways are also preserved through land dedication in new subdivisions.

6.2.3.2 Southwest Area Plan

The Southwest Area Plan was adopted by the Town Council on August 12, 2004 (Figure 6-2). The southwest area of Cary is closer to Jordan Lake and farther from higher growth areas such as RTP. While the northwest is expected to have development associated with RTP, the Southwest Area plan emphasizes environmental protection, lower development density, and preservation of rural land patterns. The Southwest Area Plan includes lower density development and actually decreases the number of dwelling units from those in the 1996 plan, as further described below. The objectives of the Southwest Area Plan are to present the Town’s vision for protecting water quality and natural resources and for preserving rural character and open space, examine long-term implications of this vision for the provision of municipal services and extension of infrastructure, and foster better Town communication and greater citizen involvement in planning.

The plan encourages mixed-use, in-fill development, especially in the I-540/NC 55 corridor. Higher levels of open space corridors are fundamental to the Southwest Area Plan. These will include a segment of the American Tobacco Trail corridor within Wake County, proposed Cary greenway corridors, and the Outer Loop (proposed) corridor (multipurpose trail paralleling the future I-540). The Town of Cary has established a density bonus incentive to encourage the preservation of open space above and beyond the required stream buffers, perimeter setbacks, and streetscapes. Some specific comparisons from the existing Land Use Plan to the proposed Southwest Area Plan are the reduction of potential dwelling units by approximately 40 percent (potential build-out reduced from 8,000 to 4,500 dwelling units), reduction from 7 activity centers to 3 activity centers, a decrease in proposed roads by approximately 9 miles, and emphasis on the protection of resources and rural character west of I-540.

6.2.3.3 Town Center Area Plan

The Town Council adopted the Town Center Area Plan in August 2001 to provide a long-range master plan for downtown Cary and its neighborhoods (Figure 6-3). The plan provides recommendations for the long-term pattern of land uses, development and redevelopment, transportation, housing, and parks and greenways. The Town Center Area Plan was needed to encourage a vital downtown at the heart of the community, address pressing traffic concerns, and prepare for the development that commuter rail service may spur. Triangle Transit Authority envisions a downtown Cary station as part of a system that would begin in 2007, linking Raleigh, Cary, Morrisville, RTP, and Durham.

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Selected guiding principles of the Plan are to encourage a diverse mix of business, office, institutional, recreational, open space and residential uses; encourage pedestrian-friendly development within walking distance of the regional transit station at sufficient densities to support the station and downtown businesses; develop a multi-nodal transportation system; encourage re-development of declining residential properties and neighborhoods; and provide sufficient park and open space facilities to serve residents and visitors.

The implementation of this plan was a function of revising existing development regulations, undertaking more detailed studies to resolve constraints identified in the Plan (Town Center Market Study, Public Improvements Cost-Benefit Study, Water and Sewer Studies, and Stormwater Mitigation Studies), and undertaking infrastructure improvements.

6.2.3.4 Southeast Area Plan

The Southeast Area Plan was adopted in 1998 for portions of the Walnut Street corridor and the vicinity of the Crossroads Plaza shopping center and was revised in September 2004 (Figure 6-4). The Southeast Area Plan covers over 2,000 acres in the southeastern portion of Cary’s Planning Area. Selected guiding principles of the Plan are to balance the amount of future development with the extended capacity of the planned transportation system; plan for a highly-connected multi-modal transportation system; provide sufficient park and open space facilities; and focus the more intense land uses into mixed-use, pedestrian- and transit-friendly “activity centers”, to minimize the number and distances of automobile trips and promote alternative transportation modes.

Implementation of the revised plan is similar to that of the original plan. The Thoroughfare Plan and Parks and Greenways Plan need to be revised to reflect the recommendations of the updated plan. Area-specific overlays (i.e., Walnut Street and Tryon Road) and design standards for these areas should be prepared. A transportation network analysis should be performed using the new regional transportation model, when available, to model the capacity and performance of the proposed arterial and collector roadway system. The Ivy Lane Park and Walnut Creek Greenway should be completed.

6.2.4 Land Development Ordinance

Since 1999, the Town has been working toward completion and implementation of a new zoning code/subdivision ordinance known as the LDO. In 2000, the Town adopted a detailed Annotated Outline that presented an overview of proposed changes to the UDO. This Annotated Outline provided the framework for preparation of the LDO document. Prior to the preparation of this outline, the Town produced a “Diagnosis of the UDO” that identified the strengths and weaknesses of the UDO and discussed possible options for revision. The LDO took effect on July 1, 2003, replacing the UDO and eliminating some identified weaknesses of the UDO.

Key growth management and revised environmental protection regulations include:

Identify as activity centers preferred growth areas that contain existing or planned concentrations of employment, housing, shopping, and recreational opportunities
Focus higher density residential and nonresidential development in an around these preferred growth areas
Add new language to the LDO to enhance interconnections of sidewalks, trails, multi-use paths, and bike lanes across all land uses and new subdivisions in an attempt to increase alternative transportation options
Continue implementation of design guidelines that control building location, placement, orientation, and retention; and improve integration of existing onsite natural resources like streams, wetlands, tree protection areas and other natural features
Expand the number of parcels and total amount of area zoned for recreation and resource conservation uses with a renewed emphasis on preservation of natural resources and limited development. Modify the range of permitted uses to allow low-intensity recreational and governmental uses.
Adopt a new residential district with an 80,000-square-foot (2-acre) minimum lot size for areas proximate to water supply watersheds and other critical natural resources
Strengthen tree preservation provisions including incentives to prevent clear-cutting on vacant parcels prior to development

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As part of the LDO, new subdivisions are required to set aside riparian buffers, setbacks and perimeter buffers as natural open space, but these cannot exceed 50% of the total open space area. As outlined in the Land Dedication Ordinance (Appendix F) additional land must be set aside to meet the recreational needs of the community which may include parks and greenways. In the case of different adjacent land uses, the Town may require additional plantings in the perimeter buffer.

The Town’s LDO allows for cluster development (outlined in Sections 4.4.6(H) and 8.3 of LDO and in Appendix F). The intent of the Cluster Development Ordinance is to develop less land area while allowing the same number of housing units allowed under a conventional development. This allows the Town to minimize imperviousness on a given development site, protect open space, and protect other important features identified in the Open Space and Historic Resources Plan.

6.2.5 Parks, Greenway, and Bikeways Master Plans

The Town of Cary, the Town of Morrisville, and Wake County have been working together as well as with the Triangle Land Conservancy, the Triangle Greenways Council, and the North Carolina Division of Parks and Recreation (Trails) to ensure connectivity of their greenways and other trails on a regional basis. The Town describes its greenways as linear parcels of land set aside to preserve open space and connect open space and park areas. There are plans to link the Towns’ greenways with the American Tobacco Trail as well as trails at Umstead Park, Lake Crabtree, and Lake Johnson. The Southwest Wake County Land Use Plan that has been adopted includes a regional greenway system of approximately 46 miles to continue Town greenways.

The Town of Cary adopted its Parks, Greenway, and Bikeways Master Plan in 2001. In addition to the 19 miles of existing greenway, the plan includes approximately 70 miles of planned greenways and 50 miles of bikeways. The Town plans to develop approximately 2 miles of greenway per year at a cost of $650,000 per mile. Greenways must be constructed in a manner that allows passage of emergency vehicles when needed. Greenways are allowed in the outer zones of the riparian buffer but are designed and located to minimize disruption to the buffer and to protect the water quality and habitat functions of the buffer. The Town of Cary will acquire land needed for the greenway system through easements and acquisition at the time of site development. Land acquisition will be in accordance with the Greenway Master Plan. Landowners will be compensated by the Town at fair market value, which is often exceeded by up to 50 percent.

Cary is home to over 1,550 acres of combined parks, recreation areas, greenways, and cultural arts facilities to serve its residents. Cary currently has 20 public parks, a greenway system of six park trails and ten greenway trails, three special-use facilities and eight staffed facilities that provide a variety of programs and services for all ages. From the July 2004 update to the Capital Project Summary from Parks, Recreation, and Cultural Resources, the planned approximate total area for additional neighborhood and community parks is 320 acres and the area for greenways is 14 miles. These projects include 8 to 12 acres for a Town Center Park, 127 acres for Phase II at Thomas Brooks Park, 106 acres for Phase II at Middle Creek Park, and 5 miles for Phases IV and V at White Oak Creek Greenway. The projects can be funded by grant funding, bond funding, or through partnerships like the partnership developed for the Phase II for Thomas Brooks Park with USA Baseball.

In addition to the Town parks, the Town’s Land Dedication Ordinance (Appendix F) requires new development to set aside area for recreation. Up to 50 percent of this requirement can come from riparian buffers, but additional land must be set aside to meet the recreational needs of the community.

6.2.6 Riparian Buffers and Floodplain Protection

Riparian buffers help protect water quality by filtering pollutants, stabilizing streambanks, and moderating stream temperatures through shading provided by mature vegetation. Thus, they are effective in helping to control sediment loading as well as stormwater runoff volume. In addition, buffers can provide ecological functions by protecting wetlands, supplying food and habitat for aquatic and streamside organisms, and offering wildlife corridors. Finally, riparian buffers can help protect floodplains and downstream property.

The appropriate width of a buffer will vary dependent upon the purpose of the buffer. For example, Wenger (1999) indicates that 30 feet of forested buffer is sufficient to shade a stream and moderate instream temperatures for smaller streams that do not support cold water fisheries. Wider buffers are needed for wildlife corridors. In addition, characteristics of a given site impact buffer function. For example, steeper slopes along a stream require wider buffers to obtain the same level of pollutant removal as a site with gentler slopes. Wenger indicates that 30 meter buffers are the most efficient at filtering sediment and maintaining a healthy aquatic environment.

Buffer zones that include forested and grassed areas are considered desirable, because the grassed area helps maintain the buffer integrity by encouraging sheet flow and preventing rill/gully erosion and bypass of the buffer. DWQ has convened two workgroups that included representatives of the scientific community to review riparian buffer widths. These groups recommended a two-zone buffer with a total width of 50 feet to help reduce nutrient and sediment loading. The inner 30 feet is a forested zone, and the outer 20 feet is vegetated. Uses allowed within the zones are outlined in the DWQ’s rules at 15A NCAC 2B. 0233, these include selective harvesting of the inner zone as well as the complete harvest, regrading and revegetation of the outer zone. NC DWQ approved construction activities can occur within the entire buffer as long as specific outlined precautions are taken to minimize or mitigate impacts Nutrients and sediment are the two most important pollutants to address within the Town’s jurisdiction.

Floodplains carry water during storm events. Limiting development in the floodplain minimizes the amount of property damage that occurs during storms and can save lives. In addition, protecting the floodplain helps protect the riparian corridor. The Town does not allow residential development within the floodplain, and commercial development in the floodplain is rare since a special use permit is required as described below. Thus, when the floodplain width exceeds the riparian buffer width, floodplain ordinances serve to protect a wider riparian area. The following sections provide more information on the Town’s riparian buffer and floodplain protection programs.

6.2.6.1 Riparian Buffers

The Neuse River NSW rules require that existing riparian buffer areas be protected and maintained on both sides of intermittent and perennial surface waters. A 50-foot buffer consisting of 30 feet of undisturbed forest and 20 feet of grassed and/or vegetated area must be maintained. The rule does not require restoration of buffers that no longer exist. Perennial and intermittent stream determinations are to be based on soil survey maps prepared by the Natural Resources Conservation Service or the most recent version of USGS topographic maps (7.5 minute quadrangle). The rule provides a number of exemptions. The rule also includes requirements to protect buffers as part of MS4 or other local stormwater programs by requiring buffers to be “recorded on plats as easements.” Cary’s riparian buffer program exceeds the Neuse River requirements.

The Town of Cary has established rules for protecting riparian buffers in Section 7.3.2 of the LDO. This rule requires 100-foot-wide riparian buffers on all perennial and intermittent streams indicated on the most recent version of a USGS quadrangle topographic map. The inner 30 feet of these buffers is forested, and the outer 70 feet is vegetated; allowed uses are in accordance with the Neuse riparian buffer rules (15A NCAC 2B. 0233). 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 (30-foot forested and 20-foot vegetated). Single-family lots created through a site and/or subdivision plan cannot be platted into the riparian buffers.

The Soil Survey maps and USGS topographic maps do not include accurate depictions of streams. To help address this issue, the Town delineated all streams within the Maynard Loop, an area of high development. In addition, the Town has delineated streams for some other smaller developments. For large parcels, the Town requires the developer to delineate streams. DWQ’s methodology to determine whether a stream is present is followed. In the Neuse River Basin, where conflicts exist between actual field conditions and USGS and Wake County Soil Survey maps, appeals are made to DWQ. In other portions of the Town, appeals may be made to the Town manager. In general, the Town has experienced that the maps typically show more streams than actually exist, and thus provide a conservative approach to implementing its buffer ordinance.

Section 7.3.2 of the LDO establishes three zones of the riparian buffer. Zone 1 (the inner 30 feet) ) has severe development restrictions (undisturbed forested buffer), Zone 2 (the next 20 feet) has strict development restrictions (must be vegetated, but grading can occur), and Zone 3 (the outer 50 feet) has moderate development restrictions (must be vegetated; the Town may allow minor variances in Zone 3 since it is outside DWQ’s jurisdiction). In general, these restrictions are based on development allowed by the Neuse riparian buffer rules (15A NCAC 2B. 0233). Since the Town does not allow residential lots to be platted in the buffers, the undisturbed zone is often wider than what required under the riparian buffer ordinance. Open space corridors often provide additional area to riparian buffers. Examples are the open space corridors that follow Kit Creek, Panther Creek, Morris Branch, and Nancy Branch in the Northwest Planning Area. These corridors are approximately 400 feet wide on average, with 200-foot riparian buffers. The Neuse buffer rules and the riparian buffer ordinance do not require that riparian buffers be restored where they no longer exist. However, the Town’s ordinance requires that when the land use is modified, the riparian buffer be restored to the maximum extent practicable.

6.2.6.2 Floodplain Development Regulations

Regulating development in floodplains serves two main purposes:

Limiting damage from storms
Preventing water quality degradation

The Town’s ordinances that limit development within the floodplain exceed FEMA requirements.

The Town of Cary’s floodplain ordinance, Section 7.5 in the LDO, has prohibited any residential development in the 100-year floodplain since 1978. This includes prohibiting development where the first floor elevation is above the 100-year floodplain. Cary’s LDO requires that all residential lots platted after May 2001 be platted outside of floodplains and stream buffers. New construction or substantial improvements to any residential structure must be located outside the flood hazard area, and the lowest floor must be at least 2 feet above the base flood elevation. The Town of Cary allows non-residential development in floodplains if the first floor is 2 feet above the floodplain elevation, but only through a special-use permitting process that discourages most development from occurring in the floodplain. The Town averages one special use permit each year that allows commercial development in the floodplain. No encroachment, including fill, is allowed in the floodway unless a Special Use Permit is issued.

According to the LDO, if the base flood elevation is unknown, no encroachments, including fill, new construction, substantial improvements, or new development shall be permitted within a distance of the streambank equal to five times the width of the stream at the top of the bank or 20 feet from each side from the top, whichever is greater.

The Town’s floodplain maps are currently being updated. The new maps will be based on full build-out conditions to reflect the change in hydrology that will occur as imperviousness increases. Although the floodplain maps have not yet been finalized, the Town has been using them to guide development away from newly designated floodplains.

Very little property damage has occurred in Cary as a result of flooding, because these strict regulations have kept most development out of the floodplains. Some nuisance flooding (e.g., over roads) has occurred. To address this, the Town adopted an amendment to its subdivision and site plan ordinances on August 12, 1999, requiring delineation of “backwaters” (areas where floodwaters back up onto adjacent lots where culverts, pipes, or bridges restrict heavy stormwater flows). Such a delineation will be used to ensure that structures are located away from this “backwater” area to prevent flooding problems at culverts in subdivisions and also to prevent floodplain areas from being used to meet minimum lot size requirements.

6.2.7 Water Supply Watershed Protection Regulations

A large portion of the Town of Cary (49 percent) is within the Jordan Lake and Swift Creek WSWs. The Town of Cary developed watershed protection overlays and limitations on impervious surface areas and density associated with these areas (See Section 4.4.6 of the LDO). There are two development options in the watershed protection overlay—a low-density and a high-density option, each with different provisions related to either the Swift Creek watershed or the Jordan Lake watershed.

Jordan Lake is classified as WS-IV waters. WS-IV generally represents a large river or lake water supply. The entity using the water supply usually does not have control over a large area of the watershed; for this reason there is a State WSW Protection Program. A small “critical area” near the water supply intake can be protected, and the water requires a high degree of treatment. Municipal and industrial point source discharges are allowed in WS-IV waters. The area defined as a WS-IV protected area extends 5 miles from the normal pool elevation of Jordan Lake (i.e., 216 feet above mean sea level). The Jordan Lake water supply protection regulations recognize two subordinate-areas—the Critical Area and the remainder of the watershed.

Section 4.4.6 of the LDO includes a low-density option for development in the Jordan Lake watershed. This option is 2 dwelling units per acre and 24 percent impervious surfaces limitations, or 3 dwelling units per acre and 36 percent impervious surfaces limitations for projects containing streets built without curbs and gutters. In the Jordan Lake Watershed Critical Area, non-residential and single-family residential developments cannot exceed 24 percent impervious surfaces and 2 dwelling units per acre. For the high-density development options, engineered stormwater controls are required to control runoff from the first inch of rainfall, and development cannot exceed 50 percent impervious surface area in the Jordan Lake Watershed Critical Area or 70 percent in the Jordan Lake Watershed Protected Area.

Swift Creek is classified as WS-III waters. WS-III is a common designation for lakes and streams that are used for water supply but have significant activity in the watershed, with some control over the extent of development and discharges in the drainage area. Municipal and industrial point source discharges are not allowed in WS-III waters, but public water and sewer collection lines and facilities are allowed. The Swift Creek regulations (Section 4.4.6 of the LDO) recognize three sub-areas—new suburban, new urban, and existing urban development. Table 6-5 illustrates the LDO limits for the low- and high-density development options in the Swift Creek watershed. These options are in line with the Swift Creek Land Management Plan developed by the County and local governments with jurisdiction in the Swift Creek watershed in 1988 (Appendix F).

Table 6-5

Summary of Development Options in Swift Creek Watershed

Suburban - New		Urban - New		Existing Urban
Residential	Non-Residential	Residential	Non-Residential	Residential and Non-Residential
Low Density
2.5 dwelling units per acre not to exceed 12 percent impervious surface area	Not to exceed 12 percent impervious surface	6.0 dwelling units per acre east of Holly Springs Road, greater than 6.0 units west of Holly Springs Rd., not to exceed 12 percent impervious surface	Not to exceed 12 percent impervious surface	Not to exceed 12 percent impervious surface
High Density
2.5 dwelling units per acre not to exceed 30 percent impervious surface area	Not to exceed 30 percent impervious surface	6.0 dwelling units per acre east of Holly Springs Road, greater than 6.0 units west of Holly Springs Rd., not to exceed 70 percent impervious surface	Not to exceed 70 percent impervious surface	Not to exceed 70 percent impervious surface

Secondary and Cumulative Impacts Master Mitigation Plan, Cary, North Carolina

Secondary and Cumulative ImpactsMaster Mitigation PlanCary, North Carolina

Contents

Executive Summary

Introduction

Proposed SCI Master Mitigation Plan Process

1.1 SCI Master Mitigation Plan Process

1.2 Project Study Area

1.3 Organization of Document

Background and Description of Infrastructure Master Plans

2.1 Wastewater

2.1.1 Existing Wastewater System

2.1.2 Future Wastewater System

2.1.3 Reclaimed Water

2.2 Water

2.2.1 Existing Water System

2.2.2 Future Water System

2.3 Transportation

Purpose of and Need for Proposed Infrastructure

Description of Existing Environment in Planning Area

4.1 Topography and Floodplains

4.2 Soils

4.3 Land Use

4.4 Wetlands

4.5 Prime or Unique Agricultural Land

4.6 Public Lands and Scenic, Recreational, and State Natural Areas

4.7 Areas of Archaeological or Historical Value

4.8 Air Quality

4.9 Noise Levels

4.10 Water Resources

4.10.1 Surface Water

4.10.1.1 303 (d) Listed Streams

4.10.1.2 Wake County Watershed Assessment Summary

4.10.2 Groundwater

4.11 Forest Resources

4.12 Shellfish or Fish and their Habitats

4.13 Wildlife and Natural Vegetation

4.13.1 Rare, Threatened, or Endangered Species

4.13.2 Natural Vegetation

4.13.2.1 Piedmont/Coastal Plain Heath Bluff

4.13.2.2 Piedmont/Coastal Plain Acidic Cliff

4.13.2.3 Piedmont Monadnock Forest

4.13.2.4 Dry Oak-Hickory Forest

4.13.2.5 Piedmont/Low Mountain Alluvial Forest

4.13.2.6 Mesic Mixed Hardwood Forest (Piedmont Subtype)

4.13.2.7 Basic Mesic Forest (Piedmont Subtype)

4.13.2.8 Piedmont/Mountain Semipermanent Impoundment

4.14 Introduction of Toxic Substances

Description of Secondary and Cumulative Impacts Related to Projected Growth in the Planning Area

5.1 Topography and Floodplains

5.2 Soils

5.3 Land Use

5.4 Wetlands

5.5 Prime or Unique Agricultural Land

5.6 Public Lands and Scenic, Recreational, and State Natural Areas

5.7 Areas of Archaeological or Historical Value

5.8 Air Quality

5.9 Noise Levels

5.10 Water Resources

5.10.1 Surface Water

5.10.1.1 303(d)-Listed Streams

5.10.2 Groundwater

4.11 Forest Resources

5.12 Shellfish or Fish and their Habitats

5.13 Wildlife and Natural Vegetation

5.13.1 Rare, Threatened, or Endangered Species

5.13.2 Natural Vegetation

5.14 Introduction of Toxic Substances

5.15 Summary of Secondary and Cumulative Impacts

Mitigation for Secondary and Cumulative Impacts

6.1 Summary of Federal and State Regulations and Programs

6.1.1 Endangered Species Act

6.1.2 Fish and Wildlife Coordination Act

6.1.3 Section 303(d) of Clean Water Act

6.1.4 Sections 404/401 of the Clean Water Act

6.1.5 Protection of Wetlands, Executive Order 11990

6.1.6 Isolated Wetland Protection

6.1.7 Safe Drinking Water Act

6.1.8 Clean Air Act

6.1.9 Floodplain Management, Executive Order 11988

Secondary and Cumulative Impacts
Master Mitigation Plan
Cary, North Carolina