Secondary and Cumulative Impacts Master Management Plan - 2014

SECTON 6 – MITIGATION FOR SECONDARY AND CUMULATIVE IMPACTS

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 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 stormwater programs are further discussed under Section 6.2. 6.1.4 Protection of Wetlands, Executive Order 11990

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