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 MEMORANDUM OF AGREEMENT

 Between The

 MISSISSIPPI FORESTRY COMMISSION

 And The

 MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY

Whereas both the Mississippi Forestry Commission (MFC) and the Mississippi Department of 

Environmental Quality (MDEQ) desire to work together in the prevention and abatement of 

nonpoint source (NPS) impairment of water quality during forestry operations in Mississippi, both 

agencies agree to coordinate their efforts to identify and promote silvicultural Best Management 

Practices (BMPs) for the maximum benefit to Mississippi citizens.

Both agencies agree:

1. That preventing water quality problems from occurring is more efficacious than repairing a 

problem after the fact.

2. A. To meet at least annually to discuss, among other topics, water quality priorities; 

problems; concerns; opportunities for cooperation and assistance; promoting 

communication, team work and coordination; agency plans and

initiatives to abate and control nonpoint source pollution (NPS) to the maximum extent 

practicable; general assessments of BMPs and water quality protection; and the need to 

amend or rescind parts of the MOA.

B. That if there are agency differences in perception as to the existence or occurrence of an 

unpermitted discharge of pollutants to waters of the state following a silvicultural related 

complaint assessment, the agencies will agree to meet and resolve differences within 

30 calendar days upon notification.

3. A. That if a dispute of water quality standards or a discharge of pollutants should occur during 

or as a result of silvicultural operations, compliance with Mississippi's Best Management 

Practices for Forestry will serve as a strong indicator that the landowner and other parties 

involved were attempting to operate in good faith.

B. That voluntary mitigation of ineffective or lack of BMPs that could cause a significant 

contribution of sediment or other pollutants by the responsible party(s) to a water of the 

State must be corrected in a timely manner. Unless an extension is agreed to by MFC and 

MDEQ, a maximum of 45 days for the responsible party(s) to voluntarily mitigate a water 

quality impact/contravention solution is a normally sufficient time before MDEQ will initiate a 

formal enforcement action.

 
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C. It is expected that the responsible party will work cooperatively with MDEQ so 

 that the responsible party will expeditiously resolve any deficiencies and 

 remediate impacts in 30 days or less in the vast majority of cases. 

D. Calendar days are to be counted beginning the first day the MFC receives a forestry 

complaint referral from MDEQ, or the day the MFC receives a non-MDEQ generated 

forestry complaint referral, tip, or discovers a potential or real violation of water 

quality resulting from silvicultural related activities. 

5. That each and every provision of this MOA is subject to the laws and regulations of the 

State of Mississippi and of the United States. 

6. That nothing herein shall be construed in any way as limiting the authorities of the 

MFC or MDEQ in connection with the proper administration of state laws and 

regulations. 

8. That when silvicultural BMP and water quality compliance views of one agency is contrary 

to the accepted policies, plans, or views of the other agency, the signatories of this MOA, 

or their designated agent(s), shall meet in a timely manner and attempt to resolve any 

misunderstandings or differences in a cooperative manner. 

9. That each agency will provide to the other, upon request and to the extent possible, 

technical and professional expertise and support. Requests may involve, but not be limited 

to: NPS technical advisory committee representation; training; educational outreach 

activities; development and implementation of BMPs.

MFC acknowledges that MDEQ:

1. Has the authority and responsibility to be the lead agency in the state in regards to 

environmental matters pursuant to Miss. Code Ann. § 49-17-7.

MFC agrees to the extent practical and feasible with available resources, that it will cooperate 

fully and:

1. Assist MDEQ with the silvicultural components of any future NPS Assessment and 

Management Plan(s) involving forestry. 

2. Work to involve interested agencies, organizations, and individuals from the forestry 

community during the development, improvement, and maintenance of effective 

minimum standards for Mississippi's Best Management Practices for Forestry, as 

amended. 
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3. Complete on a three year cycle a BMP Implementation Survey that will be used to 

determine the effectiveness of this program. This survey will be conducted as part of 

the Clean Water Act 319(h) program. The MFC will also disseminate survey results as 

well as other BMP information to landowners, professional forestry practitioners and 

the general public by whatever means available and appropriate. 

4. Provide professional/technical advice or assistance to any landowner, forest resource 

manager or to MDEQ upon request to prevent or abate water quality problems during 

the course of forestry activities. The MFC will incorporate current and appropriate 

BMPs into any formal or informal written or oral forest management advice and 

assistance to any Mississippi forest landowner, including any Stewardship plans, costshare plans and sample timber sale and/or site preparation contracts. 

5. A. That any silvicultural related BMP or water quality complaints, tips or discoveries 

received by the MFC from other agencies, foresters, loggers, vendors, or the general 

public, will be shared with MDEQ. 

6. A. Respond to any possible silvicultural water quality impact/violation resulting from MFC 

discovery or information derived from MDEQ, public complaints or tips. The MFC agrees that 

it has the staff and field expertise to evaluate compliance with BMP standards; however, the 

MFC does not claim the technical expertise or the legal mandate to determine possible or 

actual violations of State water quality standards. A joint investigation will be conducted by 

MFC and MDEQ to determine the nature of the report. If an investigation shows that BMP 

implementation(s) are needed to prevent significant pollutant discharges(s) or abate 

possible water quality problems, the MFC will try to affect a solution on a voluntary basis by 

all parties involved/responsible as promptly as possible. After a review of all MFC complaint 

progress reports or advisories originating from MDEQ, the State Forester or his designated 

agent(s) will refer all complaints received by the MFC back to MDEQ for MDEQ's 

determination of significant water quality impact(s) or water quality violations. Immediately 

after the first contact with the responsible party(s), advisories will include recommended 

remedial actions for the responsible party to correct all silvicultural water quality related 

impacts/violations as promptly as possible as per Mississippi's Best Management Practices 

for Forestry, as amended. MFC will perform a follow-up inspection to determine compliance. 

If all problems appear to have been satisfactorily resolved, a Final Advisory stating that fact 

will be issued. 
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B. If no or insufficient action has been taken by the time of the second inspection, the Final 

Advisory will be provided to the parties involved showing problems still left to be resolved 

(with a copy to the State Forester). 

7. Serve as an example of good stewards of the land and water resources by 

complying with BMPs during forestry operations on state lands. 

8 Will be available as scheduling and resources allow, to accompany MDEQ staff during 

MDEQ inspections of forestry sites referred by MFC to MDEQ for potential compliance 

action. 

Mississippi Department of Environmental Quality Mississippi Forestry Commission

_____________________________ ______________________________

Trudy Fisher Charlie Morgan

Executive Director State Forester
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MDEQ acknowledges that the MFC:

1. The Mississippi Forestry Commission’s role in water quality is to monitor the use of Best 

Management Practices. Findings are to be reported to the Mississippi Department of 

Environmental Quality (MDEQ). The Mississippi Forestry Commission works with 

landowners, forest industry, loggers and others to help ensure that forestry practices do 

not cause pollution under the Water Quality Act and state laws.

2. Has the technical ability and resources to develop, maintain, and improve Mississippi's 

Best Management Practices (BMPs) for Forestry, as amended that will help meet 

MDEQ's water quality standards. 

MDEQ agrees to the extent practical and feasible with available resources that it will 

cooperate fully and:

I. That any silvicultural related BMP or water quality complaints, tips or discoveries 

received by MDEQ from other agencies, foresters, loggers, vendors, or the 

general public, will be shared with MFC. MDEQ will also notify MFC with the results of 

any MDEQ inspections or enforcement actions taken (when finalized) regarding any 

silvicultural related BMP or water quality complaints or issues. 

2. Work in partnership with MFC to support MFC's efforts to assist the responsible party 

to expeditiously correct deficiencies prior to MDEQ initiating enforcement action. 

3. Will be available as scheduling and resources allow, accompanying MFC staff during 

MFC inspections of forestry sites. 

This agreement shall become effective upon signature of appropriate representatives of the MFC 

and the MDEQ and shall continue indefinitely. This agreement may be modified at any time upon 

mutual written consent of each agency. Either agency may terminate their participation upon 

giving a 60-day advance written notice to the other agency. During the 60-day interim period, 

each agency agrees to meet and try to cooperatively resolve any problems or disagreements.
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