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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: September 2, 2021 <br /> Action Agenda <br /> Item No. 8-1 <br /> SUBJECT: Revision of a 1986 Memorandum of Understanding between the Town of <br /> Chapel Hill and Orange County for the County to Provide Enforcement of <br /> Chapel Hill's Soil Erosion and Sedimentation Control Regulations <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Existing Memorandum of Understanding Patrick Mallett, Erosion Control Stormwater <br /> (MOU) (1986) and Engineering Supervisor, 919-245- <br /> 2. Revised MOU 2577 <br /> 3. Chapel Hill Resolution to Revise the MOU Craig Benedict, Planning Director, 919-245- <br /> 4 Orange County Resolution to Revise the 2575 <br /> MOU <br /> PURPOSE: To consider revisions to an existing Memorandum of Understanding (MOU) <br /> between the Town of Chapel Hill and Orange County regarding the provision of Erosion Control <br /> services by Orange County to the Town of Chapel Hill. These revisions were requested by the <br /> Town to support its Stormwater and Erosion Control program, its delegated authority granted by <br /> the NC Environmental Management Commission (NC EMC), and mandated program <br /> requirements administered by the NC Department of Environmental Quality (NC DEQ). <br /> BACKGROUND: In 1986, Orange County entered into a MOU with the Town of Chapel Hill so <br /> that the County could provide enforcement of the Town's Soil Erosion and Sedimentation <br /> (SE&S) Control regulations - see the existing MOU contained in Attachment 1. The County has <br /> successfully and continuously provided those professional and technical services for over 34 <br /> years. Since that agreement, however, Town, County and State requirements, programs, laws <br /> and ordinances have substantially changed. Likewise, both jurisdictions have since been <br /> granted separate "delegated authority" by the NC Environmental Management Commission (NC <br /> EMC) to administer their own exclusive Stormwater and Erosion Control programs. These <br /> programs help meet the mandated federal and state requirements of the National Pollutant <br /> Discharge Elimination System (NPDES) under the Clean Water Act. <br /> In June, NC DEQ conducted a scheduled audit of the Town's Municipal Separate Storm Sewer <br /> System (MS4) Program, which is a requirement to maintain its delegated authority. During the <br /> audit preparation process, the State recommended that the exiting MOU be updated to reflect <br /> current regulations, terms, best practices, and the current state of the agreement. Both Town <br /> and County staffs have worked together to revise and update the MOU — see the revised MOU <br /> contained in Attachment 2. On June 11, 2021 the Chapel Hill Town Council approved a <br /> Resolution authorizing the Town Manager to sign the revised MOU and forward to the BOCC for <br /> consideration and signature — see the signed MOU in Attachment 3. <br /> FINANCIAL IMPACT: There is no direct financial impact associated with the MOU. <br />