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OTHER-2021-040(a) Interlocal agreement-Orange County and Town of Chapel Hill for Soil Erosion
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OTHER-2021-040(a) Interlocal agreement-Orange County and Town of Chapel Hill for Soil Erosion
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Last modified
12/21/2021 10:41:44 AM
Creation date
9/7/2021 2:19:03 PM
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BOCC
Date
9/2/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-l
Document Relationships
Agenda - 09-02-2021; 8-l - Revision of a 1986 MOU between the Town of CH and OC for the County to Provide Enforcement of CH’s Soil Erosion and Sedimentation Cntrl Reg
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 09-02-2021 Virtual Business Meeting
Agenda for September 2, 2021 Board Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 09-02-2021 Virtual Business Meeting
RES-2021-054-Resolution to approve amendments to a memorandum of understanding agreement between the Town of Chapel Hill and Orange County for enforcement of Soil Erosion
(Attachment)
Path:
\Board of County Commissioners\Resolutions\2020-2029\2021
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NORTH CAROLINA AGREEMENT <br /> ORANGE COUNTY <br /> This Agreement is made and entered into the9 day of , 2021 , by and between <br /> i�,p�l <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- I970s 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 /> 160A461 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 /> ificant to the administration and enforcement of the <br /> and of similar occurrences sign <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 County 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 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 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 />
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