HomeMy WebLinkAboutAgenda 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 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 5, 2026
Action Agenda
Item No. 8-k
SUBJECT: 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
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Existing 1976 MOU Steve Kaltenbach, Erosion Control
2. Proposed 2026 MOU Stormwater and Engineering Manager,
3. Carrboro Resolution to Revise MOU 919-245-2588
4. Carrboro Agenda Abstract Cy Stober, Planning Director, 919-245-
5. Orange County Resolution to approve 2592
and execute MOU
PURPOSE: To adopt a resolution approving amendments to an existing Memorandum of
Understanding (MOU) between the Town of Carrboro and Orange County regarding the provision
of Erosion Control services by Orange County to the Town as requested by the Town to support
its Stormwater and Erosion Control program, its delegated authority granted by the North Carolina
Environmental Management Commission (NC EMC), and the Town's mandated program
requirements administered by the North Carolina Department of Environmental Quality(NC DEQ).
BACKGROUND: In 1976, Orange County entered into an MOU with the Town of Carrboro for
the County to provide enforcement of the Town's Erosion and Sedimentation Control (E&SC)
regulations (existing MOU provided at Attachment 1). The County has provided those
professional and technical services for over 49 years to the satisfaction of both parties. Since that
original agreement, however, Town, County, and State requirements, programs, laws, and
ordinances have substantially changed. Orange County has the "delegated authority" granted by
the NC EMC for administering an Erosion Control Program. With this delegated authority coupled
with the MOU, Orange County provides regulation of construction site runoff for Carrboro's
Municipal Separate Storm Sewer System (MS4) program. The MOU helps meet the mandated
federal and state requirements of the National Pollutant Discharge Elimination System (NPDES)
under the U.S. Clean Water Act.
NC DEQ conducts audits of the Carrboro's MS4 Program, which is a requirement to maintain its
state-delegated authority. In its 2025 audit preparation, the State recommended that the existing
MOU be updated to reflect current regulations, professional terms, best practices, and the current
working state of the agreement. Both Carrboro and County staffs worked together to revise and
update the MOU (proposed MOU provided at Attachment 2).
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On January 15, 2026, the Town of Carrboro Manager executed the revised MOU, as approved
by the Town Council on January 6, 2026, and forwarded the MOU to County staff for BOCC
consideration and signature (See Attachment 3).
FINANCIAL IMPACT: There is no direct financial impact associated with revising the MOU. The
MOU is reflective of the working relationship between the Town and the County staff, including
the commitment of County staff and resources to serve this regulatory purpose.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 6. Protect water supply/watersheds.
RECOMMENDATION: The Manager recommends that the Board approve and authorize the
Chair to sign the resolution approving the Memorandum of Understanding and authorizing the
County Manager to sign the Memorandum of Understanding.
Attachment 1 3
F CAR A/ TOWN OF CARRBORO
NORTH CAROLINA
CAR
Alderman Ernie Patterson introduced the following resolution which
was duly seconded by AldermEm Robert Drakeford
RESOLUTION AUTHORI2:ING ORANGE COUNTY TO ENFORCE AN ORDINANCE
TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND SEDIMENTATION
WHEREAS, the Board of Aldermen of the Town of Carrboro, North Carolina
recognize a great need to ccntrol soil erosion and sedimentation and those
activities which result in Erosion and sedimentation within the Town of
Carrboro; and
WHEREAS, the North Ca.rulina General Assembly, through Chapter 392 of
the Session Laws of North Carolina, 1973, and other laws, has delegated to
local governments the po•�,-er to control such erosion and sedimentation; and
WHEREAS, the Board of Aldermen desire to exercise such power.
NOW, THEREFORE, BE IT PESOLVED by the Board of Alderman of the Town
of Carrboro that the powers to enforce the control of soil erosion and
sedimentation be vested witf. the County of Orange or any designated office
or officer thereof.
This the 4th day of October , 1976.
Mayor
ATTEST:
Town Clerk
The foregoing resolution having been submitted to a roll call vote received
the following vote:
Ayes: Lacy Farrell , Robert Drakeford, Ernie Patterson, Braxton Foushee
John Boone., Nancy White
Noes: None -
Absent: None
Attachement 2 ATTACHMENT B4
MEMORANDUM OF UNDERSTANDING (MOU)
Between the Town of Carrboro and Orange County
For the Administration of an E&SC Program Within Town Boundaries
This Memorandum of Understanding(MOU) is made and entered into by and between the
following parties:
1. Town of Carrboro, a unit of municipal government
Carrboro Town Hall, 301 W Main Street, Carrboro,NC 27510
2. Orange County, a unit of county government
Whitted Human Services Building, 300 W Tryon St, Hillsborough, NC 27278
Execution of this instrument is made and entered into the day of , by
and between the Town of Carrboro (hereinafter referred to as the "Town") and Orange County
(hereinafter referred to as the "County") per N.C.G.S. 160A-461.
PURPOSE: The Town and County desire to continue their coordinated Erosion and Sediment
Control (E&SC) regulations and procedures in all of the Town's jurisdiction pursuant to the
terms of this instrument and applicable ordinances.
BACKGROUND:
WHEREAS,the State of North Carolina enacted the Sedimentation Pollution Control Act
(SPCA) of 1973 for the creation, administration, and enforcement of a program and for the
adoption of minimal mandatory standards which permit development to continue with the least
detrimental effects from pollution.
WHEREAS, the Orange County Erosion Control Officer and staff have enforced the Ordinance
in Carrboro pursuant to a resolution adopted by the Town of Carrboro Board of Alderman in
1976 and amendment of the Town's Land Use Ordinance in 1983; and
WHEREAS, the County has a locally delegated E&SC Program with requirements to reduce
pollutants in stormwater runoff from construction activities in its jurisdiction in accordance with
N.C.G.S. 113A-60; and
WHEREAS, SPCA regulatory mechanisms are presently set forth in the Orange County Unified
Development Ordinance (Ordinance), in Sections 1.11, 2.18, 2.19, 2.26, 6.15 and 9.8; and
WHEREAS, this enforcement was first set forth in an agreement, "Memorandum of Agreement
between the NC Sedimentation Control Commission and Orange County" executed from the date
of March 11, 2015; and
WHEREAS, the Town is required to meet minimum control measures directed through a
comprehensive Stormwater Management Plan (SWMP) and MS4 Permit(NCS000450),
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including requirements for construction site runoff controls through its own operations or by
shared responsibility with a delegated E&SC program.
TERMS:
The Town and County hereby agree as follows:
Town of Carrboro agrees to:
1. Relinquish its right to collect associated E&SC fees to Orange County, so long as this
MOU is in effect. However, the Town retains its authority to review and approve such
fees, should they differ from those applicable in Orange County areas outside of the
Town of Carrboro.
2. Support E&SC best practices and desired environmental outcomes through the Town's
development review process and construction/development site inspections, including
coordinating the application of enforcement measures available to both the Town and
Orange County.
3. Acknowledge that while Orange County Erosion Control provides supplemental support,
the Town of Carrboro retains ultimate responsibility for NPDES compliance and may
face enforcement if it or OCEC fails to meet required Best Management Practice (BMP)
obligations.
Orange Countagrees to:
1. Publish its fee schedule, including E&SC items, making it publicly available to Carrboro
residents.
2. Administer and enforce the Ordinance sections relating to E&SC within the Town's
jurisdiction. Administration shall include: processing applications; collecting fees;
reviewing plans; conducting field inspections; maintaining files and records; and
enforcement actions.
3. Inform and coordinate with the Town on E&SC administration and enforcement actions
such as, but not limited to: stop work orders, permit revocation, imposition of
requirements in addition to those in approved E&SC plans, and appeals of staff
determinations.
4. Notify the Town of Carrboro in writing within three (3) business days if the County's
delegated program is placed on probation by the North Carolina Department of
Environmental Quality (NCDEQ). The written notification shall include a description of
the basis for the probation and its causes. Upon request of the Town, Orange County shall
provide documentation relevant to NCDEQ's determination. Within 3 business days of
receiving notice from NCDEQ that the probationary status has been lifted, Orange
County shall provide written notice to the Town.
Both Parties agree to:
1. Coordinate compliance efforts on E&SC for development projects from concept to final
stabilization. Both parties will share data for the respective development projects.
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2. Upon mutual concurrence between the Carrboro Board and the Orange County Board of
County Commissioners, the Town Manager and the County Manager, or their designees,
may be delegated to establish administrative procedures to supplement or amend this
instrument.
3. Based on recommendations and guidance from State permitting authorities, this MOU
shall be reviewed and reauthorized by both governing bodies no less than every five (5)
years and occurring at least once amid an MS4 permitting period.
SEVERABILIITY: If any term or provision of this agreement is found to be illegal or in
conflict with any existing or newly enacted law, the remaining portions shall be considered
severable and shall not be affected by such a determination and the rights and obligations of the
parties shall be construed and enforced as if the instrument did not contain the noncompliant
part. Upon such determination, if either party feels a replacement provision is needed, the parties
shall negotiate in good faith to draft a replacement clause that is enforceable and that as closely
corresponds to the spirit and purpose of this document as a whole.
TERMINATION:
This Agreement shall continue until terminated. The Town or County may terminate the MOU
upon 120 days advance written notice to the County Manager or Town Manager, as appropriate.
ADOPTION:
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.
Approved as to form and authorization:
Town of Carrb ro anager Orange County Manager
Date: ` — 1 l® Date:
. of caR�••
:`� ooRPOR9T�0•'
: �,
1911
Attachment 3 7
ATTACHMENT A
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF CARRBORO AND
ORANGE COUNTY THAT RENEWS EROSION & SEDIMENT (E&SC) CONTROL
PROGRAM COOPERATION.
THE TOWN COUNCIL OF THE TOWN OF CARRBORO RESOLVES:
That the Town Manager enter into and execute the necessary Memorandum of Understanding
(Attachment B). This resolution shall become effective upon authorization by the Orange County
Board of County Commissioners (BOCC).
NOW, THEREFORE, BE IT RESOLVED.
This the 6th day of January 2026.
8
Main St.,Carrboro,
Town of Carrboro NC 27510301 W.
•
TOWN OF CARRBORO•NC
Legislation Text
File#: 26-003, Version: 1
Memorandum of Understanding (MOU)between the Town of Carrboro and Orange County for Continued
Erosion& Sediment Control (E&SC) Cooperation.
PURPOSE: To authorize the Town Manager to enter into and execute the MOU document.
DEPARTMENT: Stormwater Utility/Public Works
COUNCIL DIRECTION:
Race/Equity Climate Comprehensive Plan—X–Other
Other- This action confirms and reauthorizes ongoing efforts required by the Town's MS4 Permit
(NCS000450) and renews a relationship with Orange County Erosion Control (OCEC)that proactively works
to manage and reduce pollutants from active construction sites.
INFORMATION: The purpose of this instrument is for the Town and County to continue their working
relationship regarding erosion and sediment control (E&SC)regulations and program implementation. The
history of this effort dates back to 1973, when the State of North Carolina adopted the Sedimentation Pollution
Control Act(SPCA). This law established statewide standards to allow development to move forward while
minimizing harmful impacts from sediment and erosion. Orange County's Erosion Control Officer and staff
have historically enforced these regulations on behalf of the Town. In addition, the Town is required under its
MS4 Permit(NCS000450) and Stormwater Management Plan to manage construction site runoff either directly
or through shared responsibility with a delegated E&SC program.
FISCAL IMPACT: No anticipated fiscal or staff impact and this reauthorization continues to support fiscal
conservatism and efficiency within both organizations.
RECOMMENDATION: Staff recommend that the Town Council adopt the draft resolution.
Town of Carrboro Page 1 of 1 Printed on 1/3/2026
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Attachment 5
Resolution # RES-2026-017
A RESOLUTION TO APPROVE MEMORANDUM OF UNDERSTANDING
AGREEMENT BETWEEN THE TOWN OF CARRBORO AND ORANGE COUNTY
FOR ENFORCEMENT OF SOIL EROSION AND SEDIMENTATION CONTROL AND
TO AUTHORIZE THE COUNTY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the North Carolina Department of Environmental Quality (NC DEQ)
has recommended that all National Pollutant Discharge Elimination System (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) consider including specific contractual items in any service agreement; and
WHEREAS, since 1976 when an Agreement was executed, the Town of
Carrboro has delegated to Orange County the enforcement of the Town's Ordinance for
Soil Erosion and Sedimentation Control; and
WHEREAS, both Orange County and Town of Carrboro Staffs and Attorneys
have reviewed the MOU agreement and recommended that the County accept the MOU
agreement; and
WHEREAS, Town of Carrboro has signed the MOU agreement.
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of
Commissioners hereby approves the MOU agreement and authorizes the County
Manager to execute the Soil Erosion and Sedimentation Control Agreement between
the Town of Carrboro and Orange County, as described in the March 5, 2026 meeting
materials.
This the 5t" day of March, 2026.
Jean Hamilton, Chair
Orange County Board of Commissioners
ATTEST:
Laura Jensen, Clerk to the Board of County Commissioners