North Carolina Department of Agriculture 

and Consumer Services 

Steven W. Troxler 

Commissioner 

June 21,2012 

N C. Forest Service 

Water Docket Number EPA-HQ-OW-2012-0195 

United States Environmental Protection Agency (USEPA) 

Mail Code 2822T 

1200 Pennsylvania Avenue NW 

Washington, DC 20460 

Wib L. Owen 

Assistant Commissioner 

State Forester 

Subject: Comments Regarding NOI to Address Forest and Logging Road Storm water Discharges through the NPDES 

In addition to supporting the enclosed comments of the Southern Group of State Foresters, the North Carolina 

Forest Service provides the following comments specific to how stormwater runofffrom forest roads and associated 

forestry BMPs are managed in North Carolina. 

Logging Roads versus Forest Roads 

We support the USEP A's proposal to revise the federal Phase-! NPDES regulations to specify that stormwater 

discharges from logging roads are not stormwater discharges "associated with industrial activity." We also support 

USEP A's effort to pursue flexible, non-regulatory options for managing stormwater discharges from forest roads. 

Over the 40 year history of the Clean Water Act, silvicultural nonpoint sources of potential pollution have been 

appropriately managed by delegation to states and subsequent enactment of state-based regulations and/or 

development of forestry best management practice (BMP) programs. 

However, it is concerning that USEPA appears to be making a distinction between the status of the Phase 1-NPDES 

exemption for "logging roads" versus "forest roads." A road that is constructed or maintained upon forestland for 

the purposes of forest management and associated silvicultural activities may be used interchangeably for logging 

purposes or other forestry I silvicultural purposes. The same processes are used to manage storm water runoff and 

nonpoint source pollution from a road that exists within a forest, regardless of whether a specific road or road 

segment is intended for logging or other forestry use. 

~ We urge the USEP A to revise NPDES regulations to specify that stormwater discharges from all 

"forest roads" are exempt from permitting requirements; not just logging roads. 

State Water Quality Rules and Regulatory Guidance 

North Carolina administrative code rules entitled the Forest Practices Guidelines Related to Water Quality 

(abbreviated as FPGs) were enacted in 1990 and require that all forestry sites which disturb soil to implement 

measures which prevent, restrain, control, and/or limit sedimentation into streams and bodies of water. On average, 

the N.C. Forest Service conducts upwards of3,000 to 4,000 water quality FPG compliance inspections annually. 

Over the last 10 years, the overall statewide compliance rate with all of the FPG rules has averaged around 95%. It 

is our feeling that this high level of compliance, which includes measures to manage runoff from forest roads, has 

contributed greatly to the protection of North Carolina's water resources. 

1616 Mail Service Center. Raleigh. North Carolina 27699-1616 

Phone: (919) 857-4801 • FAX: (919) 857-4802 • www.ncforestservice.gov 

An Equal Opportunity Employer 

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Page 2. Date, 2012. North Carolina Forest Service. Docket# EPA-HO-OW-2012-0195 

Additional state regulations limit certain forestry activities, including forest road placement, in an effort to protect 

water quality within geographically-specific regions of the state. Furthermore, in 2004 the U.S. Army Corps of 

Engineers worked cooperatively with the N.C. Forest Service to develop guidance regarding forest roads in 

wetlands in an effort to minimize overall impacts to waters of the U.S. during forest road construction and 

maintenance, all of which collectively addresses stormwater runoff from such roads in wetlands. 

Forestry BMP Program Management and Inter-Agency Cooperation 

The N.C. Forest Service is engaged in numerous aspects of forestry-related activities across the state, including 

monitoring forestry sites for compliance with water quality rules. Technical BMP assistance and inspections are 

provided by our agency's field personnel in alllOO counties of North Carolina. More in-depth technical assistance 

is provided by the agency's Water Quality Foresters and a state-level team of water quality specialists. During the 

State Fiscal Year 2010-2011, personnel in the N.C. Forest Service recorded in excess of27,700 hours devoted to 

water quality and BMP program delivery statewide. 

A wide range of training, education. and demonstration projects have been implemented in the last decade, in an 

effort to increase the awareness and functional knowledge of forestry BMPs with forest operators. These projects 

include videos, demonstrations, training workshops and a temporary bridgemat loan program for loggers to protect 

stream crossings when harvesting timber. The N.C. Forest Service works closely with the NC ProLogger Program 

to reach out to loggers across the state on the importance of using BMPs. 

The N.C. Forest Service works cooperatively with the N.C. Department of Environment and Natural Resources to 

manage compliance, education, funding and training on how to manage nonpoint source pollution from silvicultural 

activities. In 2012, the agency executed a revised Memorandum of Understanding with the N.C. Division of Land 

Resources which describes in more detail how forestry-related land disturbing activities in North Carolina will be 

monitored for compliance with the state FPG rules, and how to streamline enforcement of noncompliant situations. 

At this time, our agency is working with the Division of Land Resources to develop statewide workshops for interagency training to reinforce how forestry sites are inspected and what the expectations are regarding compliance 

with state rules and the use of forestry BMPs. 

Forestry BMPs and Roads 

In 2006 North Carolina's forestry BMP manual was extensively revised with oversight from a multi-disciplinary 

technical committee. Among the many aspects of forest management that are covered in this manual, we included 

detailed recommendations on managing, maintaining, constructing, and closing-out forest roads. In addition, North 

Carolina has a supplemental publication for landowners for managing forest access roads in steep terrain, entitled 

"The Layman's Guide to Private Access Road Construction in the Southern Appalachian Mountains." 

Forestry BMP Monitoring, Research, and Acconntability 

The N.C. Forest Service has undertaken recurring monitoring ofBMP use on forestry sites across North Carolina 

for nearly a decade. Monitoring of BMP implementation across the state was conducted over two cycles of site 

evaluations occurring between 2000-2003, and again from 2006-2008. More than 770 logging jobs were evaluated 

during these studies. Statewide, the implementation ofBMPs for forest roads were found to be 80% and 84%, 

respectively. Given the voluntary nature ofBMPs, this relatively high rate of implementation would illustrate that 

forest roads are largely being managed in a manner which is sufficient to not contribute to widespread, pervasive, 

or ongoing degradation of water resources. This summer, the N.C. Forest Service is undertaking a third cycle of 

statewide monitoring in an effort of continuous improvement. 

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Page 3. Date. 2012. North Carolina Forest Service. Docket# EPA-HO-OW-2012-0195 

Beginning in 2007, the N.C. Forest Service partnered with the USDA-Forest Service Southern Research Station, 

N.C. State University Department of Forestry, and N.C. Department of Agriculture & Consumer Services Research 

Stations to conduct a paired-watershed research study to evaluate the effectiveness of forestry BMPs and to identifY 

any significant effects of clearcut timber harvesting on a wide range of water quality parameters in multiple 

perennial streams of the piedmont eco-region of North Carolina. Thus far the results indicate that when appropriate 

riparian buffers are established, and forestry BMPs are implemented, there are negligible impacts to water quality 

from clearcut timber harvesting, which includes their associated forest or logging access roads. Data collection and 

sampling will continue through 2013 at which time a full data analysis will occur and the results published in peerreviewed scientific journals. This study is similar in nature to many other BMP effectiveness studies that have been 

conducted across the country, nearly all of which indicate that forestry BMPs are effective. 

The state-implemented regulatory standards, when coupled with market-driven forest certification programs, and 

the delivery of forest cost-share programs, collectively drive the accountability of forestry BMP implementation 

across North Carolina. The recurring monitoring of BMP implementation reinforces the viability and value of using 

BMPs. The regulatory framework in North Carolina which governs forestry activities are founded upon the use of 

appropriate BMPs or other equally effective measures to protect water quality. Anecdotally, our agency's personnel 

have seen a marked increase in the awareness and implementation of forestry BMPs as a result of increased 

accountability placed upon the forest industry through voluntary forest certification programs such as SF!, FSC, and 

Tree Farm. Likewise, when landowners participate in federal or state cost share programs for forest management on 

their property, the landowners are contractually obligated to implement forestry BMPs. The essence of managing 

non point source runoff pollution from forestry sites is based upon the flexibility for each state to identifY and 

implement rules, procedures, or programs which are most likely to have success in their respective state. 

Forestry BMP Costs, Funding, and Measures of Success 

The costs associated with the management of the overall water quality and BMP program within the N.C. Forest 

Service can be roughly evaluated for the State Fiscal Year 20 I 0-2011 by taking the number of hours dedicated to 

water quality and BMP program delivery (27 ,700 as noted earlier), and applying a conservative personnel pay rate 

to those hours ($25/hour; not including operating costs or fringe benefits). The resulting cost of $692,500 does not 

account for individual3!9-Grants or other grants awarded to the N.C. Forest Service during that time which were 

specifically used for water quality, BMP, and nonpoint source project implementation. 

Given the flexibility that the USEPA has in administering stormwater discharges through the NPDES, we 

encourage a broader application of the USEP A's authorities described within Section 319 of the Clean Water Act to 

provide funding assistance to state forestry agencies in the ongoing development and monitoring of silvicultural and 

forest road BMPs. 

Since 2004, the N.C. Forest Service has produced a "Year in Review" brochure which summarizes water quality 

and nonpoint source program accomplishments and success stories which have directly resulted from the 

availability of Section 319 grants (and other grants) to the N.C. Forest Service. Enhanced monitoring of forest 

roads, and other forestry-related activities, could be possible through additional, recurring funding allocations to the 

N.C. Forest Service, either through the Section 319-Grant Program or other funding sources. 

Lessons Learned 

In 2011 the N.C. Forest Service completed a report summarizing lessons learned from the 2006 revision of the 

state's forestry BMP manual. With the manual having been in-place for a few years, we solicited customer 

feedback on the merits and applicability of the new forestry BMPs and the manual itself. This report, entitled 

"Lessons Learned on the Revision of the North Carolina F orestrv BMP Manual" focuses on the state BMP manual; 

however it contains some key lessons learned which could be applicable to the USEPA's effort to address 

stormwater discharges from forest roads in a flexible, non-regulatory and stakeholder-driven process. 

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Page 4. Date, 2012. North Carolina Forest Service. Docket# EPA-HO-OW-2012..0195 

Since the inception of forestry BMPs over 40 years ago, much of the focus on training and education has centered 

upon loggers, foresters, large-acreage land managers, and 'forest operators' who typically have a direct influence 

on the actions undertaken upon forestland, with regards to timber management, harvesting, road work and similar 

activities. One lesson learned in retrospect is that there needs to be a renewed emphasis of focus to reach nonindustrial private forest landowners. These individual or family-owned forests are vital to the sustainability of our 

nation's forests, particularly in the eastern half of the United States. Reaching out to forest owners will be timeconsuming, costly, and challenging to quantify. But increasing our collective education and training will go a long 

way towards implementing effective measures for preventing, controlling, or otherwise managing nonpoint source 

pollution from silvicultural activities. 

Forest Road Inventory Impractical 

Noteworthy in the Notice of Intent are detailed descriptions of how various federal land management agencies 

inventory, manage, and track the usage of roads on their lands. While we applaud those federal agencies for their 

work on this matter, there can be no expectation that non-federal forest owners undertake such a similar inventory 

of their roads. Such an impractical requirement to inventory and report on the extent of forest roads by each forest 

property owner in the United States would overwhelm the USEP A or its delegated state agency with data and 

information that frankly would be oflittle value; while at the same time could be construed as de-facto permitting 

or undue property encumbrance. In addition, the costs to our nation's forest owners for inventorying their roads 

would unquestionably drive more conversion of forest lands to other non-forest land uses, as property owners 

would continue to be "penalized by policy" for their intent to sustain the forests of the United States. 

To learn more about the potential financial hardship that NPDES permitting for forest roads would incur, we 

encourage the US EPA to evaluate a 20 II report prepared by two professors from N.C. State University, entitled 

"Potential Administrative and Economic Impacts ofNPDES Permit Requirements for Forest Roads in the South," 

available at the following website: http://nafoalliance.org/wp-content/uploads/Road-Permit-Costs-in-Southl.pdf 

We appreciate this opportunity to contribute our comments regarding this important issue for forestry. 

;;2l~lOU1 Wib L. Owen 

Enclosure: Comments of the Southern Group ofState Foresters