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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: March 5, 2026 <br /> Action Agenda <br /> Item No. 8-k <br /> SUBJECT: Approval of Memorandum of Understanding (MOU) between the Town of <br /> Carrboro and Orange County for County Enforcement of Carrboro's Erosion and <br /> Sedimentation Control (E&SC) Regulations <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Existing 1976 MOU Steve Kaltenbach, Erosion Control <br /> 2. Proposed 2026 MOU Stormwater and Engineering Manager, <br /> 3. Carrboro Resolution to Revise MOU 919-245-2588 <br /> 4. Carrboro Agenda Abstract Cy Stober, Planning Director, 919-245- <br /> 5. Orange County Resolution to approve 2592 <br /> and execute MOU <br /> PURPOSE: To adopt a resolution approving amendments to an existing Memorandum of <br /> Understanding (MOU) between the Town of Carrboro and Orange County regarding the provision <br /> of Erosion Control services by Orange County to the Town as requested by the Town to support <br /> its Stormwater and Erosion Control program, its delegated authority granted by the North Carolina <br /> Environmental Management Commission (NC EMC), and the Town's mandated program <br /> requirements administered by the North Carolina Department of Environmental Quality(NC DEQ). <br /> BACKGROUND: In 1976, Orange County entered into an MOU with the Town of Carrboro for <br /> the County to provide enforcement of the Town's Erosion and Sedimentation Control (E&SC) <br /> regulations (existing MOU provided at Attachment 1). The County has provided those <br /> professional and technical services for over 49 years to the satisfaction of both parties. Since that <br /> original agreement, however, Town, County, and State requirements, programs, laws, and <br /> ordinances have substantially changed. Orange County has the "delegated authority" granted by <br /> the NC EMC for administering an Erosion Control Program. With this delegated authority coupled <br /> with the MOU, Orange County provides regulation of construction site runoff for Carrboro's <br /> Municipal Separate Storm Sewer System (MS4) program. The MOU helps meet the mandated <br /> federal and state requirements of the National Pollutant Discharge Elimination System (NPDES) <br /> under the U.S. Clean Water Act. <br /> NC DEQ conducts audits of the Carrboro's MS4 Program, which is a requirement to maintain its <br /> state-delegated authority. In its 2025 audit preparation, the State recommended that the existing <br /> MOU be updated to reflect current regulations, professional terms, best practices, and the current <br /> working state of the agreement. Both Carrboro and County staffs worked together to revise and <br /> update the MOU (proposed MOU provided at Attachment 2). <br />