Agenda - 01-22-2015 - 6h - Laserfiche WebLink

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:January 22, 2015 Action Agenda Item No.6-h SUBJECT: RevisedMemorandum of Agreementbetween the NC Sedimentation Control Commission and Orange County DEPARTMENT:PUBLIC HEARING: (Y/N) Planning and InspectionsNo ATTACHMENT(S):INFORMATION CONTACT: 1.Original Letter of Explanation from Howard W. Fleming, Jr., PE, NCDENREngineering/Stormwater 2.Clarification Letterof Explanation Supervisor, 245-2586 from NCDENRCraig Benedict, Planning Director, 245- 3.Current Memorandum of Agreement2592 4.Revised Memorandum of AgreementJames Bryan, Staff Attorney, 245-2319 to be Executed PURPOSE: To approve revisions tothecurrentMemorandum of Agreement(MOA)between the Sedimentation Control Commission (SCC) and Orange County for the purpose of clarifying roles in the enforcement of the Sedimentation Pollution Control Act of 1973, N.C. General StatuteChapter 113A, Article4 and any rules adopted pursuant to the Act. BACKGROUND: Orange County is responsible for enforcing the sedimentation control standards issued by the Sedimentation Control Commission(the “SCC”)andadopted a local program in 1975.The Sedimentation Pollution Control Act was amended in July 2011and provided a model sedimentation control ordinancefor adoption by the local programs. The SCC provided an associatedMOA which was approved by the BOCC onSeptember 6, 2012. It is included as Attachment 3for informational purposes. However, the Board is being asked to approve therevisedMOAcontained in Attachment 4. As stated in the attached cover (Attachment 1) and clarification (Attachment 2) letters from Ashley Rodgers, North Carolina Department of Environment & Natural Resources (NCDENR) State Sediment Specialist, the changes in the Revised MOA are targeted at the State maintaining exclusive jurisdiction over oil and gas exploration and development. Ms. Rodgers has also provided some clarifications by way of answers to some questions posed to her outlining the primary differences of significance as follows: 1.Section II D, which adds a reference to North Carolina General Statute § 113A-56, even though that statute has been in existence for years, but goes on to add exclusive jurisdiction by the SCC over activities related to oil and gas exploration and development on the well pad site. 2.Revised the reporting the Countymust make, formerly tothe Division of Water Quality (DWQ), and nowto the Division of Energy, Mineral, and Land Resources (DEMLR).