TITLE
Title
MEMORANDUM OF AGREEMENT UPDATE BETWEEN THE NORTH CAROLINA SEDIMENTATION CONTROL COMMISSION AND GUILFORD COUNTY
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SPONSOR
Sponsor
J. Leslie Bell (Kristi Cheek)
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BACKGROUND
Background
The Memorandum of Agreement (MOA) serves as the formal document that outlines and clarifies the respective roles and expectations, as they currently exist, of the NC Sedimentation Control Commission (SCC) and Guilford County in the enforcement of the NC Sedimentation Pollution Control Act of 1973, NCGS 113A, Article 4 (the Act) and any rules adopted pursuant to the Act. As one of the earliest established delegated local programs in the State (Guilford County’s Soil and Erosion Control Ordinance was adopted by the Board of Commissioners in 1974), the attached 2025 MOA would replace the 2021 MOA (2021-155) and reinforce Guilford County’s standing with the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources (DEMLR). Guilford County has worked diligently to administer the program regulations and to maintain positive working relationships with residents, the development community, the unincorporated area of Guilford County, seven (7) incorporated towns, and State/Federal agencies. This request follows the recent successful completion of the DEMLR audit of the Guilford County Soil Erosion Control delegated program, and the approval of Continued Delegation of the program by the SCC.
The attached 2025 MOA includes the addition of Part III, Section F, “Termination of Local Program” as summarized below:
• Establishes a clear process for relinquishing program jurisdiction, either in full or in specified areas (such as the removal of a Municipality from the County’s coverage area).
• This new section outlines required steps and expected timeframes to ensure an orderly and coordinated transition.
Substantive updates and revisions to the Act are summarized below and included in the MOA Appendix I:
• The Act previously had no provision for airport authorities to elect to be regulated under the jurisdiction of a local program. NCGS 113A-56(a-a1) now includes a provision to allow an airport authority
operating an airport located wholly or in part in a county with a population greater than 250,000 to elect to be regulated under the jurisdiction of a local program.
• The Act did not previously contain requirements and fees specific to individual single-family residential lots. The Act also did not previously include limitations for silt fence and other erosion control measure locations, or for the installation standards of silt fence. NCGS 113A-60 now includes requirements for plan approval and fees for individual residential lots, locations of silt fence and other erosion control measures, and for installation standards of silt fence.
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BUDGET IMPACT
Budget Impact
NO ADDITIONAL COUNTY FUNDS REQUIRED
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REQUESTED ACTION
Requested Action
Approve, in substantial form, the revised Memorandum of Agreement (MOA) between the NC Sedimentation Control Commission and Guilford County.
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