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SECTON 6 – MITIGATION FOR SECONDARY AND CUMULATIVE IMPACTS
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operate municipal separate storm sewer systems (permitted MS4s). The act requires that
new development and redevelopment in these areas meet the post-construction
requirements of the Phase II NPDES stormwater management program as of July 1, 2007.
Permits under this program are issued by NCDEMLR. This law is applicable to new
development and redevelopment activities that will result in a cumulative disturbance of 1
acre or more of land.
Under Session Law 2006-246, all unincorporated and incorporated areas within Wake
County must meet the post-construction requirements of the Phase II NPDES stormwater
management program beginning on July 1, 2007. The post-construction stormwater permit
conditions, included in permits issued by NCDEMLR or other delegated programs, regulate
the design, construction, operation, and maintenance of the post-construction stormwater
control measures implemented by regulated developments.
An operation and maintenance plan that ensures the adequate long-term operation of the
program’s structural BMPs is required. The operation and maintenance plan requires the
owner of each structural BMP to submit a maintenance inspection report on each structural
BMP annually to the local jurisdiction.
Because the Town is located in the Cape Fear and Neuse River basins, additional rules
apply. These include the Neuse River Basin- Nutrient Sensitive Water Management Strategy
and the Jordan Lake Water Supply Nutrient Strategy, as discussed in more detail later in
this section.
The Town Council renewed its NPDES Phase II permit in November 2011. The Town’s
stormwater programs are further discussed under Section 6.2.
6.1.4
Protection of Wetlands, Executive Order 11990
The Protection of Wetlands (Executive Order 11990) was set in 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.
6.1.5
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 CWA. NCDWR has jurisdiction over
isolated wetlands in the State’s boundaries. NCDWR 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
NCDWR permitting and mitigative measures.
6.1.6
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