# OCR

PURPOSE: MEMORANDUM OF UNDERSTANDING BETWEEN THE VU{GINIA DEPARTMENTS 

### OF FORES TRY AND CONSERVATION AND RECREATION December 3 0, 2009

This memorandum is intended to es t ablish agreed upon guidelines for cooperation between the VirginiaDepartments ofForest:ry (VDOF) and Conserva tion and Recreation (DCR)regardingtbe interaction between the 

### VDOF non- r eg ul atory program for the implementation of Fo restry B est Management Practice s (BMP s) and the provisions of the Chesa p eake B ay Preservation Area Designation and Management ReguJations perta inin g to s ilvicultural activities
. T he Chesa peake Ba y Preservation Ac t ( 

### § 10.1-2 100 et seq. oft he Code ofVirginia) , hereafter referred to as the CBP A o r Act dire c ts locaJ governmen ts within Tidewate r Vi r ginia to implement land use restriction s affecting environme nta JJ y se ns iti ve corridors draining to the Chesapeake Ba y. Section 

### 9 VAC 10-20- L 20 ofthe regulations adopted purs uant to the Act (the regulations) states that silvic ultural activities are conditionall y exempt 

### from l ocal CBPA ordinance requirements provided tho se operations 

### are conducted u sing app r op ri ate s i l vi c uJ tura l best managem e nt practices to protect water qua lity, consistent wilb law s and guidance iss ued and implemented by the VDOF. The regnlations further provide that VDOF wi ll oversee and document installation of be st management practices and wi ll monitor in- s tream impacts of forestry opera ti ons in Chesapeake Bay Preservation 

### Areas. An emphasi s 

### and goaJ ofthe 

### VDOF non-regulatory 

### BMP program is to implement , utilizing sil vicuJtural BMPs , water quality protection s imilar to that w hi cb wou ld be achieve d th rough implementation of the CB PA R eso urce Protect ion Area 1 00-:foot buffer req uire me nts.
RESPONSIBILITIES OF THE DCR: l. 

### DCR will administer the C he sapeake Bay Preservation 

### Ac t and 

### i ts implementing regulations
. 2. DCR will provi de the YDOF with a Iist of Tidewate r Virginia locaJ governments subject to 

### the Chesapeake Bay Preservati o n 

### Act and thos e that have opted 

### in to the 

### Bay Act. 

### DCR will also provide periodic update s of OCR's Local Bay Act Program Directory , li st ing contact persons for each l ocal ity. 3
. DCR will consult with the VDOF on th e de ve lopm ent, revision , is s u ance, and interpretation of s il viculturaJ guidance unde r th e Ac t. 1::\FORESTRY\Revised MOU with VDOF\NewVDOFMOUFINAL09rcvislon
. doc4. OCR w ill 

### iniorm the VDOF of all relevant proposed additions. modifications. and/or de letions affecting U 1e Bay Act and 

### its attendant regulations.
RE S PO NS ffi i LlTIES O F THE VDOF: 1. The VDOF will conduct annual BMP audits on selected s i tes within locally designated Chesapeake Bay Preservation Areas. 

### In addition. the VDOF will conduct harvest inspections on known sit vi cu ltural activities 

### within designated Chesapeake Bay Preservation Areas to determine adherence to VDOF B MPs and impacts on water quality. 2. Tbe VDOF w ill prov ide the DCR with a copy of its BMP audit report on an annual basis
. 3. When a s il vic ultural operation is inspected by the VDOF and H is determined that the streamside management zone (SMZ) has not been maiJltained as recommended in the VDOF Best Management Practices manual, the VOOF representative will notify the local goverrunent's Bay Act program contact person and the DCR 's Director of the Division of Chesapeake Bay Local Assistance. 4. For any s il vicul tural activity within l ocally des i gnated C h esapeake Bay Preservation Areas where enforcement activities have occurred pursuant to the Silvicultural Water Quality Law 

### ( § I 0.1- 1 181 , et seq., Code of Virginia) and a special order or emergency s pecial order is issued , then the VDOF will notify the OCR' s Director of the Division of Chesapeake Bay Local Assistance and the local government" s Bay Act program contact person b y forwarding a copy of the special order or eme rgency spec ia l order t o the above

- named agencies or indiv iduals immediately upon issuance of the order. A copy of al l related correspondence concerning the specia l order or emergency spec ia l order, indicating compliance or further legal action. w ill be forwarded to the OCR and Jocal government staff persons to whom the origi n a l notifications were provided. 

### J OIN T AGRE E ME NT B ETWE EN VDO F AN D DC R: 1. The VDOF and the DCR will each review and comment upon technical specifications, guidance handbooks and manuals of mutua l interes t to prevent conflicts 

### in program objectives and r equirements. 2. The VDOF and the OCR wi ll each fam ili arize their re s pective s taff s regarding similarities and differences ofVDOF and DCR Bay Act requirement s so that accurate and consistent information 

### is p r esented to the public. 3. The VDOF and the D C R will coordinate their trainin g efforts as appropriate. 

### I T I S 

### FU RTH E R MUTU ALLY AGREED THAT:
1 :\FORESTRY\Revlsed MOU with VDOF\ NewVDOFMOUFThAL09rcvlsion

. t.locl. The VDOF and the OCR will work closely together to improve the overall water quality of ihe Chesapeake Bay and other state waters. 

### 2. Thi s Memorandum shall be effective 

### when signed by both parties. 3. The VDOF and the OCR will 

### review this Memorandum on 

### at least a biennial basis. It may 

### be terminated or modified at any time by agreement of the parties , and may be te:nninated by either party alone 

### by giving ninety 

### (90) days notice in writing 

### to tbe 

### otl1er. 

# t}Jl

# ~**Jz~ ~-~-----** **fbi;** __

# ).o/?J Carl E. Garrison, ill Date 

### Dale State Forester Department ofF orestry Department of Conservation and Recreation

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FORESTRY\Revised MOU with VDOl-\NewVDOPMOUFINAL09n.wis i on.doc