M emorandum of Understandin g b e

tw een th e Alabama For estry Commission and the U
. S
. Army Corps or Engineers, Mobile District Regulatory Division WHEREAS, the Alabama Forestry Commission (AFC) and the U
. S. Army Corps ofEngineers (USACE ), Mobi le District are murually interested in proper application ofappropriate Best Management Practices during forestry operations in wetlands ; WHEREAS, regular cooperation will foster improved service to landown ers and cons istent application of federal and state guidelines for silvicul tural activit ies in wetlan d s; WHEREAS, the AFC has responsi bility under Section 9-3-4( I), Code of Alabama. 1975; to serve as the designated agency within the Mobile Districtjurisdictional boundaries to provide public oversight and guidance for technical forest management practices and related acti vities in laws perta ining to forestlands ; and THERE FORE, BE IT RESOLVED that the two agenc ies will confer on matter s regarding silviculturdl activities within juri sdictional wetlands and other waters ofthe United States; Tha t t

he A FC wi ll provide USACE with written tec hnical assistance as requested on forestry activities, inc l uding evalua ti on ofcriteria for silvicultural exemption. normal and ongoing practices, and implementation ofBest M anagement Practices fur forestry: That USACE will provide the AFC with written technical assistance as requested on jurisdictional wetlands, allowable activities, and permitting requirements; and Tha t eac h agency will provide a current lis ti ng ofappropriate contacts for each administrat ive area oft he state a nd meet annuall y as desired to facilitate information sharing. Nothing herein shall be construed to require either agency to create or r eprioritize agency resources for the purpose ofaccomplishing the goals ofthis Memorandum ofUnderstanding. Not hing in thi s agreement s hall require either party hereto to obligate or transfer any funds
. This M emorandum ofUnderstanding is entered into for the purpose ofcoo r dination to better serve forest landowners and consistently address rel evant si lvicultural activities. Nothing herein shall be const rued in any way as limiting t he authority ofeither agency in carrying out their legal responsibilities. This agreement may be revised or modified at any time by mutual agreement, and may be terminated by either party upon written notice. T HE UNDERS IGN E D ACC EPT AND AGREE TO IMPLEMENT THE RESPONS IBILITIES DET1 I J.-I;D £N THlS

**A~ ~**  In w itness whereof. the part ies hereto bave executed this agreement on this

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**/!1 _**  dayof u ,2011.
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NITED STATES ARMY C ORPS OF EN INEERS , MOBILE DISTRICT REGULATORY S IO N 

# em;gJ.bc ,( Regulatory Division

ALABAMA FORES TRY C OMMJSSJON



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### MEMORANDUM OF AGREEMENT Between The ALABAMA FORESTRY COMMISSION 

### And The ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Whereas both the Alabama Forestry Commission (AFC) and the Alabama Department of Environmental Management (ADEM) desire to work together in the prevention and abatement of nonpoint source (NPS) impairment of water quality during forestry operations in Alabama, both agencies agree to coordinate their efforts to identify and promote silvicultural Best Management Practices (BMPs) for the maximum benefit to Alabama 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 t o abate and control nonpoint source pollution (NPS) to the maximum extent practicable; general assessments ofBMPs and water quality protection; and the need to amend or rescind parts ofthe MOA. B. That if there are agency differences in perception as to the exis tence or occurrence of an unpermitted discharge ofpoII utants to waters ofthe state following a silvicultural related complaint assessment, the agencies will agree to meet and resolve differences within 30 calendar days upon notification. 3. To schedule randomly selected representative physiographic or ecosystem area silvicultural sites for concurrent joint agency assessments (on-site field revi ews) in order to promote and reinforce both agencies' understanding ofresource management and water quality contraventions, and to aid in both agencies' discernment ofthe appropriateness and adequacy of in-place BMPs in meeting requirements of State and federal water quality regulations and objectives. 4. A. That if a contravention ofwater quality standards or a discharge ofpollutants should occur during or as a result of silvicultural operations, compliance with Alabama'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 ofthe State must be corrected in a timely manner. Unless an extension is agreed to by AFC and ADEM, a maximum of45 days for the AFC and the responsible party(s) to vo luntarily mitigate a water quality impact/contravention Page 

### 1 of5solution is nonnally sufficient time before ADEM will initiate fonnal enforcement action. C. 

### It is expected that the responsible party will work cooperatively with AFC so that the responsible party will expeditiously resolve any deficiencies and remediate impacts in 30 days or le ss in the vast majority of cases. D. However, in cases where the failure to implement or maintain effective forestry BMPs has the reasonable potential to cause or contribute to a violation of applicable water quality standards or result in a significant contribution of pollutants to waters of the State, an operator has a history of substantial noncompliance, an operator that does not fully cooperate to resolve deficiencies and remediate impacts as expeditiously as possible, or there is an immediate threat to human health, life, or safety, ADEM may initiate appropriate enforcement action. ADEM will coordinate with AFC prior to or concurrent with i nitiating any enforcement action under this paragraph. E. Calendar day s are to be counted beginning the first day the AFC receives a forestry compla int referral from ADEM, or the day the AFC receives a nonADEM generated forestry complaint referral, tip, or discovers a potential or real contravention of water quality resulting from silvicultural related activities. 5. That each and every provision of this MOA is subject to the laws and regulations ofthe State of Alabama and ofthe United States. 6. That all previous MOAs between the AFC and ADEM are revoked upon approval of this agreement by both agencies. 7. That nothing herein shal l be construed in any way as limiting the authorities ofthe AFC or ADEM 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 ofthe other agency, the si gnatories ofthis 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, techni cal 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; water quality compliance; monitoring, regulations, use designation and classification criteria; input into, guidance, and evaluation ofthe state N PS Program; and reviewing of draft plans, policies, laws and regulations to achieve the goals.ofthe Federal Clean Water Act and the Alabama Water Pollution Control Act.

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### AFC acknowledges that ADEM: 

### 1. Has the authority and responsibility to be the lead agency in the state in regards to envirorunental matters pursuant to the Alabama Environmental Management Act and the Alabama Water Pollution Control Act. 2. Has the responsibility pursuant to this act and authority to establish and enforce water quality standards and any other necessary rules and regulations promulgated pursuant to the provisions ofthe Alabama Environmental Management Act and/or Alabama Water Pollution Control Act for the protection of waters ofthe State.


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

### 1. Assist ADEM 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 Alabama's Best Management Practices for Forestry, as amended. 

### 3. Employ a registered professional forester as a BMP Coordinator to investigate complaints, conduct a random on-the-groWld monitoring program and report the results annually to ADEM. The Coordinator will also disseminate 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 ADEM upon request to prevent or abate water quality problems during the course of forestry activities. The AFC will incorporate current and appropriate BMPs into any formal or informal written or oral forest management advice and assistance to any Alabama forest landowner, including any Stewardship/TREASURE Forest Management Plans, cost-share plans and sample timber sale and/or site preparation contracts. 

### 5. A. That any si lvicultural related 

### BMP or water quality complaints, tips or discoveries received by the AFC from other agencies, foresters, loggers, vendors, or the general public, will be shared with ADEM on a quarterly basis. Information 

### will include the general location ofthe complaint, whether or not there was an actual si lvicultural related water quality problem, how the problem was resolved, and the dat e. AFC 

### will provide quarterly reports ofthe status of 

### all silvicultural complaints received by the AFC directly and complaints referred to the AFC by ADEM. The AFC will also provide reports of all routine, random, and follo-w-up inspections conducted by the AFC on a regular b asis. B. That the AFC will provide ADEM with a written copy of all silvicultural related water quality complaint site assessments, complaint status, and progress Page 3 of5reports or advisories concerning silvicultural related water quality complaints, that were referred to AFC from ADEM. 6. A. Respond to any possible silvicultural water quality impact/violation resulting from AFC discovery or information derived from ADEM, public complaints or tips. The AFC agrees that it has the staffand field expertise to evaluate compliance with BMP standards; however, the AFC does not claim the technical

. expertise or the legal mandate to determine possible or actual contravention of State water quality standards. If an investigation shows that BMP implementation is needed to prevent significant pollutant discharges(s) or abate possible water quality problems, the AFC will try to affect a solution on a voluntary basis by all parties involved/responsible as promptly as possible. After a review of all AFC complaint progress reports or advisories originating from ADEM, the State Forester or his designated agent(s) will refer all complaints received by the AFC back to AD EM for ADEM's determination of significant water quality impact(s) or water quality contraventions in support of the Alabama Environmental Management Act and the Alabama Water Pollution Control Act, Code of Alabama. 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/contraventions as promptly as possible as per Alabama's Best Management Practices for Forestry, as amended. AFC will perform a follow-up inspection to determine compliance. If all problems appear to have been satisfactorily res olved, a Final Advisory stat ing that fact will be issued
. B. If no or insufficient action has been taken by the time of the sec ond inspection , the Final Advisory will be provided to th e parties involved showing problems still left to be resolved (with a copy to the State Forester)
. 7. Serve as an ex ample of good stewards of the land and water resources by complying with BMPs during forestry operations on state lands. 8. Assist ADEM in developing, refining, updating, and implementing the silvicultural components ofthe Alabama NPS Management Program , as amended in accordance with Section 319 ofthe Clean Water Act of 1987. 9
. Provide to ADEM, as AFC agency priorities, budget, and availability ofpersonnel and expertise allow, silvicultural related NPS demonstration and water quality assessment projects appropriate for possible CW A Section 319 (h) funding. This agreement does not obligate the AFC or the State to expend funds in any contract or other obligation for future payment or services in excess of tho se available or authorized for expenditure. 10. Will be available as scheduling and resources allow, to accompany ADEM staff during ADEM in spections of forestry sites referred by AFC to ADEM for · · ·· potential compliance action.

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### ADEM acknow led ges that the AFC: 1
. Has the authority and responsibility to be the lead agency 

### in the State 

### in re gards to fo re stry matters as mandated by the state legis latur e 

### in Section 9-3-4, 1975 Code ofAlabama. 2. Has the technical ability and resources to develop, maintain, and improve Alabama's B est Management Practices (BMPs) for Forestry, as amended that will help meet ADEM 's water quality standards. 

### ADEM agrees to the extent practical and feasible with avail able resources that it will cooperate fully and: 1. That any silvicultural related BMP or water quality complaints, tips or discoveries received by ADEM from other agencies, foresters, loggers, vendors, or the general public , will be shared with AFC. ADEM will also notify AFC with the results of any ADEM inspections or enforcement actions taken (when finalized) r egarding any silvicultural related BMP or water quality complaints or issues. 2. Work in partnership with AFC to support AFC's efforts to assist the responsible party to expeditiously correct deficiencie s prior to ADEM initiating enforcemen t action. 3. Will be available as scheduling and resources allo w, to accompany AFC staff during AFC inspections offore stry sites. This agreement shal l become effective upon signature of appropriate representatives of the AFC and the ADEM and shall continue indefinitely. Thi s agreement may be modified at any time upon mutual written consent of each agency. Either agency may t erminate 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.
Executed this 3,0+'-- day of
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