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5 <br /> Attachment 2 <br /> NORTH CAROLINA AGREEMENT <br /> ORANGE COUNTY <br /> This Agreement is made and entered into the day of ,by and between <br /> Orange County(County) and the Town of Chapel Hill(Town)for enforcement of Soil Erosion and <br /> Sedimentation(SE&S) Control regulations: <br /> WITNESSETH <br /> WHEREAS, the Orange County SE&S Officer and staff have enforced Getifity the Town's SE&S <br /> Ordinance in Chapel Hill since the mid-1970s pursuant to the resolutions adopted by the Town of Chapel <br /> Hill in 1976, 1979, and 1986, and pursuant to N r r c ,53 n 122; and <br /> WHEREAS, on August 31, 1986, the Town of Chapel Hill annexed certain areas in Durham County, and <br /> on September 22, 1986,the Town Council adopted SE&S regulations substantially identical to the Orange <br /> County SFAs O-a:.,.nee so that said T.,.,,., regulations will that apply in all of the Town of Chapel Hill <br /> including areas of Durham County; and <br /> WHEREAS, the Town and County desire to continue their coordinated SE&ES regulations and <br /> enforcement procedures for consistency in all of the Town pursuant to an agreement under G.S. 160A-461 <br /> and the Town's SE&S Ordinance; <br /> NOW THEREFORE the Town and County hereby agree as follows: <br /> 1. Orange County shall administer and enforce the Chapel Hill Soil Erosion and Sedimentation <br /> Ordinance in the Town of Chapel Hill, including areas outside Orange County, on behalf of the <br /> Town. Administration shall include by way of illustration without limitation:; processing <br /> applications;;collecting fees;;reviewing plans;;conducting field inspections;;maintaining files and <br /> records and issuing notices. <br /> 2. The Erosion Control Officer shall inform the Town's Director <br /> of Public Works and the Stormwater Management Division Senior Engineer of actions such as <br /> revocation of permits, imposition of requirements in addition to those in approved SE&S plans, <br /> appeals, and of similar occurrences significant to the administration and enforcement of the <br /> Ordinance;other items of which the Erosion Control Officer desires to inform the Town; and shall <br /> in addition by lette notify the Town Manager of such actions. <br /> 3. Orange County shall appoint the Erosion Control Officer and shall establish and collect application <br /> fees. The fees shall be subject to review and approval by the Town if such fees differ from those <br /> applicable in Orange County areas outside of the Town of Chapel Hill. <br /> 4. Orange County and the Town shall each establish a Primary Point of Contact(POC)to coordinate <br /> SE&S activities and requests. These POCs will also collaborate toward the issuance of monthly <br /> progress reports and data relevant to their programs. <br /> 5. Orange County shall notify the Town of Chapel Hill in writing through email within 3 business <br /> days if the County's delegated program is put on probation by the Division of Energy,Mineral and <br /> Land Resources (DEMLR). The written submission shall contain a description of the basis for the <br /> probation and its causes. Upon request of the Town, Orange County shall provide documentation <br /> relevant to DEMLR's determination. Within 3 business days of receiving notice from DEMLR <br />