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Agenda 03-05-2026; 8-k - Approval of Memorandum of Understanding (MOU) between the Town of Carrboro and Orange County for County Enforcement of Carrboro’s Erosion and Sedimentation Control (E&SC) Regulations
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Agenda 03-05-2026; 8-k - Approval of Memorandum of Understanding (MOU) between the Town of Carrboro and Orange County for County Enforcement of Carrboro’s Erosion and Sedimentation Control (E&SC) Regulations
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2/26/2026 3:32:08 PM
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3/5/2026
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8-k
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Agenda for March 5, 2026 BOCC Meeting
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5 <br /> including requirements for construction site runoff controls through its own operations or by <br /> shared responsibility with a delegated E&SC program. <br /> TERMS: <br /> The Town and County hereby agree as follows: <br /> Town of Carrboro agrees to: <br /> 1. Relinquish its right to collect associated E&SC fees to Orange County, so long as this <br /> MOU is in effect. However, the Town retains its authority to review and approve such <br /> fees, should they differ from those applicable in Orange County areas outside of the <br /> Town of Carrboro. <br /> 2. Support E&SC best practices and desired environmental outcomes through the Town's <br /> development review process and construction/development site inspections, including <br /> coordinating the application of enforcement measures available to both the Town and <br /> Orange County. <br /> 3. Acknowledge that while Orange County Erosion Control provides supplemental support, <br /> the Town of Carrboro retains ultimate responsibility for NPDES compliance and may <br /> face enforcement if it or OCEC fails to meet required Best Management Practice (BMP) <br /> obligations. <br /> Orange Countagrees to: <br /> 1. Publish its fee schedule, including E&SC items, making it publicly available to Carrboro <br /> residents. <br /> 2. Administer and enforce the Ordinance sections relating to E&SC within the Town's <br /> jurisdiction. Administration shall include: processing applications; collecting fees; <br /> reviewing plans; conducting field inspections; maintaining files and records; and <br /> enforcement actions. <br /> 3. Inform and coordinate with the Town on E&SC administration and enforcement actions <br /> such as, but not limited to: stop work orders, permit revocation, imposition of <br /> requirements in addition to those in approved E&SC plans, and appeals of staff <br /> determinations. <br /> 4. Notify the Town of Carrboro in writing within three (3) business days if the County's <br /> delegated program is placed on probation by the North Carolina Department of <br /> Environmental Quality (NCDEQ). The written notification shall include a description of <br /> the basis for the probation and its causes. Upon request of the Town, Orange County shall <br /> provide documentation relevant to NCDEQ's determination. Within 3 business days of <br /> receiving notice from NCDEQ that the probationary status has been lifted, Orange <br /> County shall provide written notice to the Town. <br /> Both Parties agree to: <br /> 1. Coordinate compliance efforts on E&SC for development projects from concept to final <br /> stabilization. Both parties will share data for the respective development projects. <br />
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