4_NCS000414_2021 TOCH Agreement with Orange Co_20210708

I, Amy T. Harvey, Deputy Town Clerk of the Town of Chapel Hill, North Carolina,
hereby certify that the attached is a true and correct copy of (2021-05-05/11-6)
adopted by the Chapel Hill Town Council on May 5, 2021.
This the 6t" day of May, 2021.
Amy T. Harvey
Deputy Town Clerk

A RESOLUTION TO AUTHORIZE THE TOWN MANAGER TO EXECUTE THE AMENDED
AGREEMENT BETWEEN THE TOWN OF CHAPEL HILL AND ORANGE COUNTY FOR
ENFORCEMENT OF SOIL EROSION AND SEDIMENTATION CONTROL (2021-05-05/111-6)
WHEREAS, the North Carolina Department of Environmental Quality has recommended that all NPDES
Phase II communities that are relying on another entity to implement any of the six -minimum
measures of the NPDES Phase II Municipal Separate Storm Sewer System (MS4) to consider including
specific contractual items in any service agreement; and
WHEREAS, the Town of Chapel Hill delegated to Orange County enforcement of the Town's Ordinance
for Soil Erosion and Sedimentation Control; and
WHEREAS, both Orange County and Town of Chapel Hill Attorneys reviewed the amended agreement
and recommended that the Council accept the amended agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council
authorizes the Town Manager to execute the amended Soil Erosion and Sedimentation Control
Agreement between the Town of Chapel Hill and Orange County to add the contractual items
recommended by NCDEQ, as described in the May 5, 2021 meeting materials.
This the 5th day of May, 2021.

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

been lifted, Orange Count.. shall this information and forward this notice to the
Town through email. Notifications required by this paragraph shall also be given to the
Town's Director of Public Works and the Stormwater Management Division Senior
Engineer.
6. The County and/or the Town will reimburse the other pares for any and all reasonable
litigation costs, fees (including attorney fees), and expenses incurred incident to any suit,
action or proceedingarising rising due to failure or neglect of the other party in fulfilling its duties
to administer, enforce, and otherwise implement the agreed pon SE&S program
components resulting in the suspension of delegated authority by the Division of Energy,
Mineral and Land Resources (DEMLR).
7. This Agreement shall continue until terminated. The Town or County may terminate this
agreement upon 120 days advance written notice to the County Manager or Town Manager,
as appropriate.
8. The Town Manager or their designee and the Board of County Commissioners may amend
this Agreement upon mutual concurrence and the Town Manager or County Manager may
establish, upon mutual concurrence, administrative procedures to supplement this
Agreement.
IN WITNESS WHEREOF, the Town and County have caused this instrument to be executed by
the Town Manager and County Manager, and they have hereunto set their hands and seals on the
day and year first written above.
For Orange County
Attest:
Date:
Date:
Date:
For the Town of Chapel Hill
Attest: Date:
Approved as to form and authorization:
Date:
Town Attorney
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act
Date:
Fiscal Director