1 

### MEMORANDUM OF AGREEMENT

B etween T he

MISSISSIPPI FORESTRY COMMISSION



### A nd T he

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY

Whereas both the Mississippi Forestry Commission ( M FC) and the Mississippi Department of
Environmental Quality ( M DE Q ) 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 problem s 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 o ccurrence 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 land owner 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 t he State must be corrected in a timely manner. Unless an extension is agreed to by M FC and

M DE Q , a maximum of 45 days for the r esponsible party(s) to voluntarily mitigate a water quality impact/contravention solution is a normally sufficient time before MD EQ will initiate a
formal enforcement action.2

C. It is expected that the responsible party will work cooperatively with M DEQ 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 day s are to be counted beginning the first day the M FC receives a forestry complaint referral from M DE Q , or the day the M FC receives a non

- M DE Q generated forestry complaint referral, tip, or discovers a potential or real violation of water quality resulting f rom 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 nothi ng herein shall be construed in any way as limiting the authorities of the

M FC or M DE Q 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 contra ry 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 a gency 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

activit ies; development and implementation of BMPs

.

M FC acknowledges that M DE Q :



### 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

.

M FC agrees to the extent practical and feasible with available resources, that it will cooperate fully and:



### 1. Assist M DE Q 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.3

3. C omplete 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 a s 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 M DE Q upo n request to prevent or abate water quality problems during
the course of forestry activities. The M FC will incorporate current and appropriate BMPs into any formal or informal written or oral forest management advice and assistance to any Mississippi fore st lando wner, including any Stewardship plans , cost

share 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 M FC from other agencies, foresters, loggers, vendors, or the general public, will be shared with M DE Q

.

6. A. Respond to any possible silvicultural water quality impact/violation resulting from M FC discovery or information derived from M DE Q , public complaints or tips. The M FC agrees that it has the staff and field expertise to evaluate compliance with BMP standards; however, the

M FC does not claim the technical expertise or the legal mandate to determine possible or
actual violations of Stat e 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 M FC will try to affect a solution on a voluntary basis by all parties involved/responsible as promptly as possible. After a review of all M FC complaint progress reports or advisories originating from M DE Q , the State Forester or his d esignated agent(s) will refer all complaints received by the M FC back to M DE Q for M DE Q 's determination of significant water quality impact(s) or water quality violations. Immediately after the first contact with the responsible party(s), advisories will in clude 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. M FC 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.4

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 g ood 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 MDE Q for potential compliance

action.

Mississippi Department of Environmental Quality Mississippi Forestry Commission

_____________________________ ______________________________
Trudy Fisher Charlie Morgan

Executi ve Director State Forester5

M DE Q acknowledges t h at t h e M FC:

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

M anagement Practices. Findings are to be report ed 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 A ct 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

M DE Q 's water quality standards.

M DE Q agrees to t h e extent practic al and feasible wit h available resources t h at it will cooperate fully and:

I. That any silvicultural related BMP or water quality complaints, tips or discoveries received by M DE Q from other agencies, foresters, loggers, vendors, or the general public, will be shared with M FC. M DE Q will also notify M FC with the results of

any M DE Q inspections or enforcement actions taken (when finalized) regarding any silvicultural related BMP or water quality complaints or issues.

2. Work in partnershi p with M FC to support M FC's efforts to assist the responsible party to expeditiously correct deficiencies prior to M DE Q initiating enforcement action.

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

M FC inspections of forestry sites.

This agreement shall become effective upon signature of appropriate representatives of the M FC
and the M DE Q 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.6