MEMORANDUM OF UNDERSTANDING 

between the 

South Carolina Department of 

Health & Environmental Control 

and the 

South Carolina 

Forestry Commission 

The agreement is made and entered into the first day of July 1997, by and between the S. C. 

Department of Health & Environmental Control (hereinafter referred to as SCDHEC) and the S. C. 

Forestry Commission (hereinafter referred to as the SCFC). 

WHEREAS: 

1. The SCDHEC has the responsibility under the Pollution Control Act (48-1-10 et.seg., S. C. 

Code of Laws, 1976) to provide for public health and environmental protection by 

administration of a system to protect water quality. 

2. The SCDHEC is responsible for developing and implementing the State of South Carolina 

Nonpoint Source Management Program pursuant to the Federal Clean Water Act (PL 100-4), 

Section 319 and the Coastal Zone Act Reauthorization Act, Section 6217. The program 

provides for the attainment of water quality objectives and for protection of beneficial uses of 

water through nonpoint source (NFS) control measures. 

3. The SCFC is identified in South Carolina's Nonpoint Source Management Plan, prepared by 

SCDHEC, as the lead agency for the development and interpretation of forestry Best 

Management Practices (BMP) and is integral in the implementation of the forestry section of 

the NPS management plan. 

4. The SCFC has the responsibility under the South Carolina Forest Best Management Practices 

Act (48-36-30 et. seq.. S. C. Code of Laws, 1976 as amended) to serve as the designated 

agency in S. C. to provide public oversight and guidance for technical forest management 

practices and related activities in laws pertaining to forestlands. 

NOW, THEREFORE , in consideration of the mutual benefits to each party hereto in promoting 

the Nonpoint Source Management Program for South Carolina pursuant to Section 319 of the 

Federal Clean Water Act and Section 6217 of the Coastal Zone Act Reauthorization Amendments, 

the parties agree as follows: 

1. The SCFC shall serve as a clearinghouse for citizen concerns, suggestions, and complaints for 

forestry-related activities on forestland. 

2. The SCFC shall locate specially-trained BMP Foresters in each of the SCFC's three regional 

offices to serve as local coordinators of the forestry BMP program. 

3. The SCFC shall develop and revise forestry BMPs as needed, based on monitoring results, new 

research, and changes in state and federal laws. 
4. The SCFC shall develop and present educational programs dealing with silvicultural nonpoint 

source pollution problems and the implementation of forestry BMPs to address those 

problems. 

5. The SCFC shall develop and implement a statewide forestry BK4P implementation monitoring 

program to accurately track compliance with state BMPs over time. A summary report of the 

BMP implementation monitoring results shall be published at the end of periodic surveys. 

6. The SCFC shall implement a forestry BMP courtesy exam program that will focus on a 

proactive approach to preventing NPS pollution through the offer of courtesy exams by 

specially-trained BMP Foresters. Ongoing forestry activities shall be located by routinely 

flying the major drainages in the state. 

7. The SCFC shall provide the SCDHEC with information concerning forestry-related activities, 

identified through the courtesy exam program, if the involved landowner/forestry operator has 

BMP deficiencies that have caused significant in-stream water quality violations. 

8. The SCDHEC shall notify the SCFC of any circumstances where forestry activities are being 

conducted in a manner which may cause violations of State water quality standards so the 

SCFC may work with the landowner/forestry operator to prevent or correct these violations. 

9. Nothing herein shall be construed in any way as limiting the authority of either state agency in 

carrying out their legal responsibilities for management or regulation of water quality. 

10. Each and every provision of the Memorandum of Understanding is subject to the laws and 

regulations of the State of South Carolina and the United States. 

THIS MEMORANDUM OF UNDERSTANDING is entered into for the purpose of coordinating 

implementation of the forestry component of the State's nonpoint source management plan and for 

ensuring that appropriate BMPs which minimize adverse effects on the State's waters are in place. 

T HE UNDERSIGNED accept and agree to implement the responsibilities detailed in this 

Memorandum of Understanding. 

This agreement will become effective on the date below and shall remain in effect until terminated. 

It may be revised or modified at any time by mutual agreement of the parties hereto. This 

agreement may be terminated by either party upon 60 days written notice to the other party. 

In witness whereof, the parties, hereto, have executed this agreement on this first day of July 1997. 

For the South Carolina Department of 

Health & Environmental Control 

R. Lewis Shaw 

Deputy Commissioner 

Environmental Quality Control 

For the South Carolina 

Forestry Commission 

Ryan 

'State Foreste