North Carolina Department of Environment and Natural Resources 

MEMORANDUM OF UNDERSTANDING 

Between 

Division of Land Resources 

And 

North Carolina Department of Agriculture and Consumer Services 

North Carolina Forest Service 

{A} PURPOSE 

North Carolina General Statute 113A-52.1 requires that ifland-disturbing activity undertaken on 

forestland for the production and harvesting of timber 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 DLR find it necessary and 

desirable to closely coordinate activities to effectively carry out their legislated intent and public 

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 of timber and timber products or if the 

land-disturbing activity is for residential, industrial, educational, institutional or commercial 

development or highway and road construction and maintenance. 

(II) NCFS and DLR agree that if during an initial site visit by either NCFS or DLR, the purpose 

of the land-disturbing activity is not clear, the NCFS and the DLR should arrange a joint 

evaluation of the site as soon as possible to determine the nature of the activity and the course of 

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action. If necessary, the DLR may request an affidavit from the landowner, documenting that the 

intent ofthe operation is for continued forest management. 

(III) NCFS and DLR agree to share such information, records, documents, communications, 

photographs, case histories and other pertinent information that would be of value and interest to 

the other on specific cases related to the Forest Practices Guidelines provisions within the SPCA. 

(IV) NCFS and DLR recognize that making a determination as to whether or not a tract 

qualifies for the application of the forestry exemption from the SPCA can be challenging in some 

cases, due to circumstances either observed on the site or encountered by personnel of either 

NCFS or DLR in the course of conducting a site inspection. NCFS and DLR agree to develop 

mutually-agreeable guidance ("indicators") for use by NCFS and DLR personnel to help in the 

determination of the applicability of the Forest Practices Guidelines on a specific site. This 

guidance may be revised as needed by mutual agreement between the NCFS and DLR and will 

be developed and maintained separately from 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 or indirectly affect forestry operations as they relate to the Forest Practices 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 involved parties of the Forest Practices Guidelines. 

(VII) NCFS and DLR agree that when NCFS refers a tract to DLR due 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 the jurisdiction of DLR until such time that DLR deems the 

tract to be in permanent compliance with the SPCA and releases the tract. 

(VIII) NCFS and DLR agree to designate key contacts for this agreement. The Water Quality 

and Wetlands Staff Forester 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 needed to discuss and review matters related to this document. 

{ C } AGENCY AGREEMENTS 

To best meet the responsibilities described in Part {A} of this Agreement, and to utilize prudent 

procedures consistent with the intent of the law and good judgment: 

G) The NCFS agrees to: 

1. Educate, train and inform members of the forestry and logging communities, as well as 

forest landowners and the general public of the Forest Practices Guidelines and Best 
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Management Practices (BMPs) that may be used to achieve compliance with the Forest 

Practices Guidelines Related to Water Quality. 

2. Conduct on-site inspections of forestry activities to determine and monitor compliance 

with the Forest Practices Guidelines Related to Water Quality, 15A NCAC 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 of the deficiencies, to describe needed corrective 

actions, and to establish a deadline for completing the 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 or there may be justified reasons 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 immediate referrals). 

A follow-up site inspection will be conducted by the NCFS immediately after the 

passage of the established deadline to determine if corrective actions have been taken to 

achieve compliance with the Forest Practices 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 of the referral will be sent to the Director, DLR, and to the 

State Forester, NCFS. Any of the following conditions justify making a referral to the 

DLR: 

a The responsible party(ies) makes no effort to comply with the Forest Practices · 

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 lapsed for installing the corrective actions; or 

c. An immediate referral may be made with the approval of the State Forester of 

NCFS if the responsible parties have a history of Forest Practices Guidelines 

non-compliance, or where severe off-site sedimentation damage has occurred 

or is imminent. 
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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 be provided to the DLR. 

NCFS and DLR agree that not all Forest Practices Guidelines - related referrals should be 

made to the DLR. Some violation referrals of the Forest Practices Guidelines should be 

made to other more appropriate regulatory divisions/agencies. Each of the 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 

other regulatory divisions/agencies: 

FOREST PRACTICES GUIDELINES: REFERRED TO: 

15A NCAC Oli .0201: Streamside Management Zone DLR 

15A NCAC Oli .0202: Prohibition of Debris Entering Streams DLR and/or NCFS-LE* 

And Waterbodies 

15A NCAC Oli .0203: Access Road and Skid Trail Stream DLR and/or NCFS-LE* 

Crossings 

15A NCAC Oli .0204: Access Road Entrances DLR 

15A NCAC Oli .0205: Prohibition/Waste Entering DWQ Streams/W aterbodies/Groundwater 

15A NCAC Oli .0206: Pesticide Application NCDA 

15A NCAC Oli .0207: Fertilizer Application DWQ 

15A NCAC Oli .0208: Stream Temperature DWQ 

15A NCAC Oli .0209: Rehabilitation of Project Site DLR 

DLR: NCDENR Division of Land Resources 

NCFS-LE: NCDA&CS NCFS Law Enforcement Officers pursuant to NCGS 77-13 and 77-14. 

DWQ: NCDENR Division of Water Quality 

NCDA: NC Department of Agriculture & Consumer Services - Structural Pest Control & Pesticide Division 

*Woody debris obstruction/impediment cases will be referred to NCFS-LE. Non:.. woody debris obstruction/impediment 

cases will be referred to DLR 

5. Provide to the DLR a written notice of the status and/or outcome of each 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 either by hard-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, or until a referral back to DLR becomes necessary. 

6. Notify the DLR about those site disturbing activities where NCFS has been onsite or 

received a complaint and where evidence indicates that the operation is part of a land-use 

conversion from forestry to development. These types of cases will be regulated under 
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the SPCA by DLR. Non-compliance issues and referrals will be handled as outlined in 

Section C, Item I, Number 4 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 with the Forest Practices Guidelines. 

2. Notify the NCFS about forestry activities where DLR has been onsite or received a 

complaint. These types of cases 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 sent to 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 of the SPCA which are 

located within the jurisdiction of a delegated local sedimentation control program should 

be referred through the DLR Regional Engineer. 

4. Provide to the NCFS a written notice of the status and/or outcome of each site or case 

that has been referred by the NCFS within 30 calendar days of the DLR's receipt of the 

written referral from the NCFS. Written notice of the status and/or outcome may be 

accomplished either by hard-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 } EFFECTIVE DATE 

This agreement shall become effective upon signature by the State Forester and the Director of 

DLR, and may be modified at any time by agreement between the State Forester and the Director 

of DLR with the concurrence of the Secretary, Department of Environment and Natural 

Resources and the Commissioner of Agriculture .. 

Wib L. Owen, tate Forester 

N.C. Forest Service 

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

Date 

mes D. Simons, Director 

Division of Land Resources 

Date / 7