### North CarolinaDepartment ofEnvironment andNatural Resources

MEMORANDUM OF UNDERSTANDING

Between Division ofLandResources And North CarolinaDepartmentofAgriculture and Consumer Services North CarolinaForest Service
{A} PURPOSE North Carolina General Statute 113A-52.1 requires that ifland-disturbing activity undertaken on forestland for the production and harvesting oftimber and timber products is not conducted in accordance with Forest Practices Guidelines Related to Water Quality (Forest Practices Guidelines), the provisions of the Sedimentation Pollution Control Act of 1973, as amended (SPCA), shall apply to such activity and any related land-disturbing activity on the tract. The SPCA is administered by the Division of Land Resources (DLR) under the direction of the Sedimentation Control Commission. The North Carolina Forest Service (NCFS) is responsible for the protection and development of forest resources in North Carolina, and has been designated by the Secretary of North Carolina Department of Environment, and Natural Resources as the State Agency best able to assist the Secretary in the implementation of the Forest Practices Guidelines and associated rules. Thus the NCFS and DLRfind itnecessary and desirable to closely coordinate activities to effectively carry out their legislated intent andpublic need.

{ B } MUTUAL UNDERSTANDINGS (I) NCFS and DLR agree that the NCFS is the lead agency in determining compliance with Forest Practices Guidelines, and that the DLR is the lead agency in determining if a landdisturbing activity is for the production and harvesting oftimber and timber products or ifthe land-disturbing activity is for residential, industrial, educational, institutional or commercial development orhighway androad construction andmaintenance. (II) NCFS andDLR agree that ifduring an initial site visitbyeitherNCFS orDLR, the purpose of the land-disturbing activity is not clear, the NCFS and the DLR should arrange a joint evaluation ofthe site as soon as possible to determine the nature ofthe activity andthe course of DraftRevision 01/14/2011 TGH2

action. Ifnecessary, the DLRmayrequest an affidavit from the landowner, documenting that the intentoftheoperation is for continuedforest management. (III) NCFS and DLR agree to share such information, records, documents, communications, photographs, case histories and otherpertinent information thatwouldbe ofvalue and interestto theother on specific cases relatedto the ForestPractices Guidelines provisions withinthe SPCA. (IV) NCFS and DLR recognize that making a determination as to whether or not a tract qualifies for the application ofthe forestry exemption from the SPCA canbechallenging in some cases, due to circumstances either observed on the site or encountered by personnel of either NCFS or DLR in the course ofconducting a site inspection. NCFS and DLR agree to develop mutually-agreeable guidance ("indicators") for use byNCFS and DLR personnel to help in the determination of the applicability of the Forest Practices Guidelines on a specific site. This guidance maybe revised as needed by mutual agreement between the NCFS and DLR and will bedeveloped andmaintained separatelyfrom this MOU. (V) NCFS and DLR agree to work together to review and discuss comments on proposed federal or state rules, regulations, or policies introduced by federal or state entities that can directly orindirectly affect forestry operations as theyrelate to the ForestPractices Guidelines. (VI) NCFS and DLR agree to work together as needed to develop and review public information materials to be used to inform landowners, timber buyers, loggers, consulting foresters, registered foresters, or other involvedparties ofthe Forest Practices Guidelines. (VII) NCFS and DLR agree that when NCFS refers a tract to DLRdue to non-compliance with the Forest Practices Guidelines, the entire tract is encompassed in that referral. The tract will remain under the jurisdiction of DLR and all land-disturbing activities, including harvesting, occurring on that tract will be under thejurisdiction ofDLRuntil such time thatDLRdeems the tractto be inpermanent compliancewiththe SPCA andreleases the tract. (VIII) NCFS and DLR agree to designate key contacts for this agreement. The Water Quality and Wetlands StaffForester will be the key contact for the NCFS, and the State Sedimentation Specialist will be the key contact for the DLR. These agency officials (or designees) will coordinate meetings as neededto discuss andreview matters related to this document.

{ C } AGENCY AGREEMENTS To best meet the responsibilities described in Part {A} ofthis Agreement, and to utilize prudent procedures consistentwiththe intent ofthe law and goodjudgment: G) TheNCFS agrees to: 1. Educate, train and inform members ofthe forestry and logging communities, as well as forest landowners and the general public of the Forest Practices Guidelines and Best3 

### Management Practices (BMPs) that may be used to achieve compliance with the Forest Practices Guidelines Relatedto Water Quality. 2. Conduct on-site inspections offorestry activities to determine and monitor compliance with the Forest Practices Guidelines Related to Water Quality, 15ANCAC OIL 3. Document when Forest Practices Guidelines non-compliance is discovered during a site inspection. Written documentation and when possible, verbal communication, shall be used to inform the responsible parties ofthe deficiencies, to describe needed corrective actions, and to establish a deadline for completingthe corrective actions. Timeframes for Forest Practices Guidelines-related deadlines should take into account the current and potential impacts on the natural resource. Examples of reasonable timeframes for deadlines on "average" sites would include 7-14 working days to install measures for stopping sedimentation issues and 21-30 working days to provide groundcover to these sites. Circumstances can exist that may provide reason for giving longer timeframes orthere maybejustifiedreasons to grant an extension after a deadline has been established. Cases involving non-compliant repeat offenders of Forest Practices Guidelines or "significant" environmental degradation such as severe stream sedimentation will be subject to a shorter mitigative timeline or may be subject to an immediate referral to the DLR (see #4 below for immediatereferrals). A follow-up site inspection will be conducted by the NCFS immediately after the passage ofthe established deadline to determine ifcorrective actions have been taken to achieve compliance with the ForestPractices Guidelines. · 4. Make a written referral to the appropriate DLR Land Quality Section, Regional Engineer at such time that NCFS personnel find a referral is justified. Such a referral to the Regional Engineer will occur even in areas with local delegated sedimentation control programs in place. Copies ofthe referral will be sent to the Director, DLR, and to the State Forester, NCFS. Any ofthe following conditions justify making a referral to the DLR:

a The responsible party(ies) makes no effort to complywiththe ForestPractices · Guidelines I 

### Best Management Practices requirements after sufficient notice from the NCFS; or b. The responsible party(ies) fails to complete all actions necessary to bring the site or operation into compliance with the Forest Practices Guidelines following written notification and after a sufficient and specified amount of time has lapsedfor installing the corrective actions; or c. An immediate referral maybe made withthe approval ofthe State Forester of NCFS ifthe responsible parties have a history ofForest Practices Guidelines non-compliance, or where severe off-site sedimentation damage has occurred or is imminent.4

The NCFS will provide written notification of referrals to all responsible parties, including the landowner. In the written referral, any information as to who was in operational control at the time the non-compliance occurred will beprovided to the DLR. NCFS and DLR agree thatnot all ForestPractices Guidelines

- related referrals shouldbe made to the DLR. Some violation referrals ofthe Forest Practices Guidelines should be made to other more appropriate regulatory divisions/agencies. Each ofthe nine Forest Practices Guidelines performance standards shall be referred as follows, with a copy provided to DLR Land Quality Section, Regional Engineer when a referral is made to otherregulatory divisions/agencies: 

### FOREST PRACTICES GUIDELINES: REFERRED TO: 15ANCAC Oli .0201: Streamside ManagementZone DLR 15ANCAC Oli .0202: Prohibition ofDebris Entering Streams DLR and/orNCFS-LE* AndWaterbodies 15ANCAC Oli .0203: Access Road and Skid Trail Stream DLR and/orNCFS-LE* Crossings 15ANCAC Oli .0204: Access RoadEntrances DLR 15ANCAC Oli .0205: Prohibition/Waste Entering DWQ Streams/Waterbodies/Groundwater 15ANCAC Oli .0206: Pesticide Application NCDA 15ANCAC Oli .0207: FertilizerApplication DWQ 15ANCAC Oli .0208: Stream Temperature DWQ 15ANCAC Oli .0209: Rehabilitation ofProject Site DLR

DLR: NCDENRDivision ofLandResources NCFS-LE: NCDA&CS NCFS LawEnforcement Officers pursuantto NCGS 77-13 and 77-14. DWQ: NCDENRDivision ofWater Quality NCDA: NC Department ofAgriculture & Consumer Services - Structural Pest Control & Pesticide Division *Woodydebris obstruction/impedimentcases will be referred to NCFS-LE. Non:..woody debris obstruction/impediment cases willbereferred to DLR

5. Provide to the DLR a written notice ofthe status and/or outcome ofeach site or case that has been referred by the DLR within 30 calendar days of the NCFS's receipt of the written referral from the DLR. Written notice of the status and/or outcome may be accomplished eitherbyhard-copy letter or electronic mail (email), and shall be addressed to the appropriate Regional Engineer. Copy DLR Land Quality Section, Regional Engineer on correspondence or inspection reports until compliance with Forest Practices Guidelines is achieved, oruntil areferral backto DLRbecomes necessary. 6. Notify the DLR about those site disturbing activities where NCFS has been onsite or received a complaint and where evidence indicates thatthe operation is part ofa land-use conversion from forestry to development. These types ofcases will be regulated under

### 5

the SPCA by DLR. Non-compliance issues and referrals will be handled as outlined in Section C, Item I, Number4 above. (ll) 

### The DLR agrees to: 1. 

### Provide technical guidance, as needed, to the NCFS and the forestry community related to the SPCA for the purposes of determining appropriate corrective actions that are needed to maintain or achieve compliance withthe ForestPractices Guidelines. 2. Notify the NCFS about forestry activities where DLR has been onsite or received a complaint. These types ofcases will be regulated under the Forest Practices Guidelines by NCFS. In 

### the event of suspected Forest Practices Guidelines non-compliance, referrals will be made to the local NCFS District Forester in writing. Copies of the referrals will be sentto the Director, DLR, and to the State Forester, NCFS. 3. Administer and enforce the SPCA requirements on forestry activities that are referred by the NCFS to DLR. Sites referred by the NCFS for enforcement ofthe SPCA which are located within thejurisdiction ofa delegated local sedimentation control program should be referred through the DLRRegional Engineer. 4. Provide to the NCFS a written notice ofthe status and/or outcome of each site or case that has been referred by the NCFS within 30 calendar days ofthe DLR's receipt ofthe written referral from the NCFS. Written notice of the status and/or outcome may be accomplished eitherbyhard-copy letter or electronic mail (email), and shall be addressed to the local District Forester. Copy NCFS on correspondence or inspection reports until the project is permanently stabilized. 

### 5. { D }EFFECTIVEDATE This agreement shall become effective upon signature by the State Forester and the Director of DLR, and maybe modified at any time byagreementbetweenthe State Forester and the Director of DLR with the concurrence of the Secretary, Department of Environment and Natural Resources and the Commissioner ofAgriculture

..

Wib L. 

### Owen, tate Forester N.C. Forest Service 

# / /:J-7/!:;2.. {I 

### Date mes D. Simons, Director Division ofLandResources

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