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9 <br /> NORTH CAROLINA AGREEMENT <br /> ORANGE COUNTY <br /> This Agreement is made and entered into the _ day of , 2021, by and between <br /> Orange County (County) and the Town of Chapel Hill (Town) for enforcement of Soil Erosion <br /> and Sedimentation(SE&S) Control regulations: <br /> WITNESSETH <br /> WHEREAS, the Orange County SE&S Officer and staff have enforced the Town's SE&S <br /> Ordinance in Chapel Hill since the mid-1970s pursuant to the resolutions adopted by the Town of <br /> Chapel Hill in 1976, 1979, and 1986; and <br /> WHEREAS, on August 31, 1986, the Town of Chapel Hill annexed certain areas in Durham <br /> County, and on September 22, 1986, the Town Council adopted SE&S regulations that apply in <br /> all of the Town of Chapel Hill including areas of Durham County; and <br /> WHEREAS, the Town and County desire to continue their coordinated SE&S regulations and <br /> enforcement procedures for consistency in all of the Town pursuant to an agreement under G.S. <br /> 160A-461 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 <br /> Sedimentation Ordinance in the Town of Chapel Hill, including areas outside Orange <br /> County, on behalf of the Town.Administration shall include by way of illustration without <br /> limitation: processing applications; collecting fees; -reviewing plans; conducting field <br /> inspections; maintaining files and records; and issuing notices. <br /> 2. The Erosion Control Officer shall inform the Town's Director of Public Works and the <br /> Stormwater Management Division Senior Engineer of actions such as revocation of <br /> permits, imposition of requirements in addition to those in approved SE&S plans, appeals, <br /> and of similar occurrences significant to the administration and enforcement of the <br /> Ordinance; and shall in addition notify the Town Manager of such actions. <br /> 3. Orange County shall appoint the Erosion Control Officer and shall establish and collect <br /> application fees. The fees shall be subject to review and approval by the Town if such fees <br /> differ from those applicable in Orange County areas outside of the Town of Chapel Hill. <br /> 4. Orange Countv and the Town shall each establish a Primary Point of Contact (POC) to <br /> coordinate SE&S activities and requests. These POCs will also collaborate toward the <br /> issuance of monthly progress ss reports and data relevant to their programs <br /> 5. Orange County shall notify the Town of Chapel Hill in writing through email within 3 <br /> business days if the County's delegated program am is put on probation by the North Carolina <br /> Department of Environmental Quality Division of Energy Mineral and Land Resources <br /> (DEMLR). The written submission shall contain a description of the basis for the probation <br /> 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 <br /> DEMLR that the Notice of Violation has been resolved and that the probationary status has <br />