Memorandum of Understanding 

between the 

Alabama Forestry 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 of Engineers (USACE), 

Mobile District are murually interested in proper application of appropriate Best Management Practices during 

forestry operations in wetlands; 

WHEREAS, regular cooperation will foster improved service to landowners and consistent application of 

federal and state guidelines for silvicultural activities in wetlands; 

WHEREAS, the AFC has responsibility under Section 9-3-4( I), Code of Alabama. 1975; to serve as the 

designated agency within the Mobile District jurisdictional boundaries to provide public oversight and guidance 

for technical forest management practices and related activities in laws pertaining to forestlands; and 

THEREFORE, BE IT RESOLVED that the two agencies will confer on matters regarding silviculturdl activities 

within jurisdictional wetlands and other waters of the United States; 

That the AFC will provide USACE with written technical assistance as requested on forestry activities, 

including evaluation of criteria for silvicultural exemption. normal and ongoing practices, and implementation 

of Best Management Practices fur forestry: 

That USACE will provide the AFC with written technical assistance as requested on jurisdictional wetlands, 

allowable activities, and permitting requirements; and 

That each agency will provide a current listing of appropriate contacts for each administrative area of the state 

and meet annually as desired to facilitate information sharing. 

Nothing herein shall be construed to require either agency to create or reprioritize agency resources for the 

purpose of accomplishing the goals of this Memorandum of Understanding. Nothing in this agreement shall 

require either party hereto to obligate or transfer any funds. 

This Memorandum of Understanding is entered into for the purpose of coordination to better serve forest 

landowners and consistently address relevant silvicultural activities. 

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

THE UNDERSIGNED ACCEPT AND AGREE TO IMPLEMENT THE RESPONSIBILITIES DET1IJ.-I;D £N 

THlS A~ ~ In witness whereof. the parties hereto bave executed this agreement on this _ / /!1_ 

dayof u ,2011. 

UNITED STATES ARMY CORPS OF EN INEERS, 

MOBILE DISTRICT REGULATORY SION 

em;gJ.bc ,( 

Regulatory Division 

ALABAMA FORESTRY COMMJSSJON 

~Ill&.~~ 
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 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 

occurrence of an unpermitted discharge of po II utants 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. To schedule randomly selected representative physiographic or ecosystem area 

silvicultural sites for concurrent joint agency assessments (on-site field reviews) 

in order to promote and reinforce both agencies' understanding of resource 

management and water quality contraventions, and to aid in both agencies' 

discernment of the 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 of water quality standards or a discharge of pollutants 

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 of the State must be corrected in a timely manner. Unless an extension 

is agreed to by AFC and ADEM, a maximum of 45 days for the AFC and the 

responsible party(s) to voluntarily mitigate a water quality impact/contravention 

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solution 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 less 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 

initiating any enforcement action under this paragraph. 

E. Calendar days are to be counted beginning the first day the AFC receives a 

forestry complaint 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 

of the State of Alabama and of the 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 shall be construed in any way as limiting the authorities of the 

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 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 agency 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 activities; development and implementation of BMPs; water 

quality compliance; monitoring, regulations, use designation and classification 

criteria; input into, guidance, and evaluation of the state NPS 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 of the Alabama Environmental Management Act and/or 

Alabama Water Pollution Control Act for the protection of waters of the 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 silvicultural 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 of the complaint, whether or not there was an 

actual silvicultural related water quality problem, how the problem was resolved, 

and the date. AFC will provide quarterly reports of the 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 basis. 

B. That the AFC will provide ADEM with a written copy of all silvicultural 

related water quality complaint site assessments, complaint status, and progress 

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reports 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 staff and 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 ADEM 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 resolved, a Final Advisory stating 

that fact will be issued. 

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 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 of the Alabama NPS Management Program, as amended 

in accordance with Section 319 of the Clean Water Act of 1987. 

9. Provide to ADEM, as AFC agency priorities, budget, and availability of personnel 

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 those available or 

authorized for expenditure. 

10. Will be available as scheduling and resources allow, to accompany ADEM staff 

during ADEM inspections of forestry sites referred by AFC to ADEM for · ··· 

potential compliance action. 

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ADEM acknowledges that the AFC: 

1. Has the authority and responsibility to be the lead agency in the State in regards to 

forestry matters as mandated by the state legislature in Section 9-3-4, 1975 Code 

of Alabama. 

2. Has the technical ability and resources to develop, maintain, and improve 

Alabama's Best 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 available 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) 

regarding 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 deficiencies prior to ADEM initiating enforcement 

action. 

3. Will be available as scheduling and resources allow, to accompany AFC staff 

during AFC inspections of forestry sites. 

This agreement shall become effective upon signature of appropriate representatives of 

the AFC and the ADEM 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. 

Executed this 3,0+'-- day of ___ ~,......oau.'lA-..:.~'""'t----' 2008. 

Alabama Department of Environmental Management til . . ,__ 

Onis "T e~enn, ~r 

Alabama Forestry Commission 

~J. 

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