M E MORANDUM OF AG REEMENT between TH E DEPARTMENT OF FORESTRY 

### and THE VIRG INIA MARINE RESOURC ES COMMISSION The Department of Forestry (DOF) is the regulatory authority responsible for implementing and enfqrcing provisions of the laws governing silviculture activities affecting water quality (Title 10 . 1, Article 12 , Sections 10. 1 - 1181 . 1 through 10.1-1181.7 of the Code of Virginia) and regulations promulgated thereunder. These provisions provide for the protection of State waters from pollution by sediment deposition resulting from silvicultural activities . Furthermore , the DOF has regulatory authority for the Debris in Stream Law (Title 10 which makes it unlawful to throw or dispose of trash , debris, tree lops , logs or felled timber to create any obstruction lasting more than a week across any waterway) . The Virginia Marine Resources Commission (VMRC) is the reg ulatory authority responsible for implementing and enforcing provisions of the laws governing the use of State-owned watercourses (Chapter 12 of Title 28 .2 , of the Code ofVi rginia, and the regulations promulgated thereunder) . Permits are issued for appropriate uses ofthese submerged lands following a public interest review on all applications.



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· Over 2 ,000 forestry harvesting operations occur annually in Virginia . Stream crossings associated with forestry operations are common. In the interest of making effective use ofthe governmental resources of the Commonwealth, and to provide for coordination of their respective functions , the DOF and VMRC ag ree as follows :

Page 1 of 3 Pages1 . For non-tidal drainage areas less than five (5) square miles or mean annual flows less than five (5) cubic feet per second (CFS) for which State ownership ofthe submerged lands is unlikely: a. The VMRC shall not seek to require permits for silviculture-related activities . b . The DOF shall oversee all silvicultural-related activities and, through its Forestry Best Management Practices Program and the authority provided under Section 10.1-1105 of the Code ofVirginia, shall be responsible for the protection of water quality and the implementation of corrective measures for any silvicultural activity wh ich adversely impacts State waters or State-owned submerged lands. 2. For all other non-tidal waterways : a. As provided by law, the VMRC shall continue to issue permits for silviculture-related activities resulting in encroachments over State-owned submerged land. b. The DOF shall oversee all silvicultural-related activities and, through its Forestry Best Management Practices Program and the authority provided



# .. under Section 10. 1-1105 of the Code of Virginia , shall assume primary responsibility for the protection ofwater quality and the implementation of corrective measures for any silvicultural activity which adversely impacts State waters or State-owned submerged lands. c. Notwithstanding , the above, as provided by law, VMRC may seek enforcement of permits, regardless of DOF activity.

Page 2 of 3 Pages3. For all tidal waterways: a . As provided by law, the VMRC shall continue to issue permits for silviculture-related activities and to seek enforcement of permits for encroachments over State-owned submerged lands. b. The OOF shall continue to oversee all silviculture-related activities and, through its Forestry Best Management Practices Program and the authority provided under Section 10.1-1105 of the Code of Virginia, shall concurrently and independently protect water quality and the implementation of corrective measures for any silvicultural activity which adversely impacts State waters or Sate-owned submerged lands. To ensure timely review of permit applications , the OOF will inform all timber harvesters when a VMRC permit is required and will inform the harvesters where an appropriate application can be acquired to satisfy the VMRC permit requirement. The VMRC will coordinate their review of such applications with OOF before permit issuance. This Agreement becomes effective upon the signing by both parties . This agreement may be canceled by either party upon the provision of 60 days written notice to the other party.



# STA~ Date: ARINE RESOURCES COMMISSION

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