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SECTON 6 – MITIGATION FOR SECONDARY AND CUMULATIVE IMPACTS

6-27

there can be no encroachments within 20 feet of the top of stream bank or within a distance

of 3 times the stream width, if no base flood elevation or floodway information is available,

unless a professional engineer certifies that encroachment will not result in increase in base

flood level. These regulations are summarized in Section 5.6 of the UDO, Floodplain

Management.

The Town’s zoning ordinance includes a Floodplain Overlay District, which supersedes

standards applied by the underlying district, to keep development out of the floodplain.

Within the Floodplain Overlay District, no structure shall be located, extended, converted,

or altered, and no development activity shall occur, in any way except after approval of a

Floodplain Development Permit, detailed in Section 2.5.9 of the Town’s UDO. Although

there are provisions in the UDO, floodplain development has not occurred in recent years.

The Town also has established a conservation zoning district, which includes parks,

greenways, and open space. The zoning map is included in Appendix D; it shows that

Crabtree Creek and its floodplain is effectively protected with a wide riparian buffer

through these zoning districts.

FIRMs for the Neuse River basin and Cape Fear River basin in Wake County, currently

dated April 2007, are in the process of being updated and are expected to be available for

public review in 2014.

6.2.4

Erosion and Sediment Control

Wake County implements the Town’s Erosion and Sediment Control Program. The

County’s program requires a plan when 1 acre or more of land is disturbed. The Town

proactively inspects erosion and sediment control measures to verify that measures are in

compliance, and provides non-compliance reports to the County. The County’s program is

described in more detail in Appendix B.

The Town has various policies for controlling sedimentation and erosion. The Town’s

sediment and erosion control practices support an overall stream protection plan by limiting

in-stream suspended sediment and sediment deposition. Policies in place include

performance guarantee requirements, and maintenance guarantee requirements. These

policies help the Town to ensure that soils are controlled on development sites and that sites

are stabilized with vegetative cover as rapidly as possible.

General performance guarantees must be 150 percent of all required public improvements

on a site plan, including: roads, sidewalks, and greenways; site grading; erosion control

measures; seeding and stabilization; water mains, valves, hydrants, and other infrastructure

related to water service; sanitary sewers and related infrastructure; storm sewers and

stormwater management facilities; retaining walls; landscaping, such as buffer vegetation

and street trees; and traffic control devices.

Another sediment and erosion control strategy used by the Town is to ensure the timely

restoration of disturbed soils. The NPDES Stormwater General Permit (NCG 010000) for

construction activities requires that stabilization occurs within 7 calendar days of the last

land-disturbing activity for slopes steeper than 3 horizontal to 1 vertical (3: 1) and within 14

calendar days for non-slopes.