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06/07/05 BOCC Agenda Item, NPDES Phase II MOA <br />STATE OF NORTH CAROLINA <br />COUNTY OF ORANGE <br />Attaclmient 4 12 <br />NPDES PHASE II <br />STORMWATER PERMIT <br />AGREEMENT <br />TOWN OF HILLSBOROUGH <br />MEMORANDUM OF AGREEMENT <br />This Memorandum of Agreement is entered into this day of , 200_, by <br />and between the Town of Hillsborough and Orange County. <br />WHEREAS, the promotion of a sustainable community that provides for the protection of <br />water quality and the elevation of the quality of life of the citizens of that community is in the <br />best interest of the Town of Hillsborough and Orange County; and <br />WHEREAS, the recent growth of the community, and that which is anticipated, will <br />make efforts to protect water quality not only more difficult, but also more essential; and <br />WHEREAS, the Orange County Erosion Control Division Staff of the Planning and <br />Inspections Department presently implements soil erosion and sedimentation control regulations, <br />State mandated Neuse River Basin Riparian Buffer Program, and assists with other stonnwater <br />concerns in the Town of Hillsborough and Orange County; and <br />WHEREAS, Section 402(p) of the Clean Water Act and implementing regulations 40 <br />CFR Part 122, 12.3 and 124, North Carolina General Statutes 14.3-215.1 and Session Law 2004- <br />163 require that the Town of Hillsborough implement a National Pollutant Discharge <br />Elimination System (NPDES) Phase II Stormwater Program; and <br />WHEREAS, Orange County and the Town of Hillsborough recognize the opportunity to <br />provide a more effective and efficient implementation of this NPDES Phase II Stornwater <br />Program working collaboratively; and <br />WHEREAS, the parties have been working cooperatively toward the development of a <br />system which will provide for the implementation of this Program, and ensure that the Town <br />maintains compliance with the forthcoming NPDES Phase II Stormwater Permit; <br />NOW, THEREFORE, the parties to this Memorandum hereby agree as follows: <br />Section 1. Upon issuance of the NPDES Phase II Stormwater Permit for the Town by the <br />State of North Carolina, Department of Environment and Natural Resources, <br />Division of Water Quality, the parties will work cooperatively to develop and <br />enter into a contract which will provide for the implementation of the majority of <br />the permit requirements of the Town's NPDES Phase II Stormwater Program by <br />the Erosion Control Division Staff of the Orange County Planning and <br />C:\Documents and SettingsWdministrator\local Settings\TempWtt 4 Dreft MOA 042505.doc 12 <br />