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FOREST SERVICE MANUAL
JUNEAU, ALASKA
FSM 2500 WATERSHED AND AIR MANAGEMENT
Region 10 Supplement No. 2500-93-2
Effective July 2, 1993
POSTING NOTICE. Supplements to this title are numbered consecutively. Post by
document name. Remove entire document and replace with this supplement.
Retain this transmittal as the first page of this document. The last supplement to
this title was R-10 Supplement 2500-93-1, chapter 30.
Document Name
2530
Digest:
Technical supplement only. No changes in text.
/s/Karen A. Snyder
KAREN A. SNYDER
Directives Manager
Superseded New
(Number of Sheets
21
22
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2532 - WATER QUALITY MANAGEMENT
2532.4 - Water Quality Planning
2532.41 - Contingency Plans. (Reference FSM 7442 and 7443) The National and
Regional Oil and Hazardous Substances Pollution Contingency Plans (40 CFR 300)
provide for a coordinated and integrated response by departments and agencies of
the Federal and State governments to protect the public health and environment
and minimize adverse impacts due to oil and hazardous substances discharges,
including containment, dispersal, and removal. Both Plans assign the Forest
Service the following responsibilities for minimizing damages from discharges:
1. Determine onsite the magnitude and severity of the spill or discharge on or
adjacent to land or water administered by the Forest Service and report the
findings to the National Response Center.
2. Provide advice to the On-Scene Coordinator (OSC) during containment,
cleanup, mitigation, or disposal activities that affect natural resources administered
by the Forest Service.
3. Assist the OSC in documenting damages to natural resources as a basis for
seeking restitution for damages from the parties responsible.
4. Provide requested secondary support, such as radio communications, field
facilities, equipment or transportation, to the agencies with primary
containment/cleanup responsibilities.
In addition to these plans, each Forest Supervisor's Office on the Tongass and the
Chugach National Forest will develop a contingency plan to assure the laws,
regulations, and assigned responsibilities are carried out efficiently. The plan
should be short and to the point. Use existing literature to guide and supplement
the preparation of the plan but incorporate by reference only. The plan should be
reviewed and updated as needed annually by December 31.
The following outline is to be used in preparing Forest/Area plans:
1. Introduction
a. Purpose and Objectives
b. Definitions
2. Personnel Assignment and Responsibilities
a. Response Organization
b. Personnel Training and Safety
3. Hazards and Resources
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a. Transport and Storage Patterns of Oil and Hazardous Substances
b. Identified Highly Vulnerable Areas
c. Hydrologic and Climatic Considerations
d. Forest Service and Other Local Response Resources
4. Operational Response
a. Spill Reconnaissance
b. Reporting
c. Containment
d. Cleanup
e. Disposal
f. EPA or USCG Assistance
g. Followup
5. Appendix Materials
a. Coordination Instructions (Delegation of authority, coordination with
other agencies, funding sources and authority, termination or response
activities, dispute resolution).
b. Plan Review Procedures and Update Requirements.
c. Direction for Documentation of Spills (Cause(s); damage sustained;
effectiveness of response in terms of actions and measures employed for
containment, cleanup, and mitigation; ongoing evaluation schedules; cost
recovery; and archiving or reports).
d. Requirements for fuel storage by contractors.
e. Bibliography. (List books and pamphlets locally available for immediate
reference during emergencies. Include the National and Alaska Regional
Contingency Plans, and 40 CFR 302.)
Where there has been a release of a reportable quantity of oil or hazardous
substance, the person-in-charge of a facility shall notify the National Response
Center (NRC) at 1-800-424-8802. If the NRC cannot be reached, reports may be
made to the primary Regional Response Center (907-586-7340) or alternate
Regional Response Center (907-371-5083). The EPA list of identified hazardous
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substances, updates of identified substances, assigned reportable quantities, and
additional substances is in 40 CFR 302.
The Environmental Protection Agency (EPA) has not defined the person-in-charge.
Therefore, for any operations on National Forest System (NFS) lands involving the
use of oil and/or hazardous substances, use the following criteria in determining the
duty to report and document follow-up actions:
1. If the release is from a Forest Service operation, the Forest Service is the
person-in-charge;
2. If the release is from an abandoned operation of a third party on NFS lands
(such as an old mining site), the absence of that third party makes the Forest
Service the person-in-charge by default;
3. If the release is from an active operation on NFS lands (such as a mining
operation, permit holder, or contractor) and the third party fails to report a release,
the Forest Service person-in-charge will notify the NRC. The third party is still
responsible for cleanup and follow-up actions.
The Forest Service person-in-charge for Region 10 has been delegated to the Forest
Supervisors. Whenever a spill report is made to the NRC, Les Paul (Regional
Response Team representative), RO, Engineering & Aviation Management Staff
shall also be notified as soon as possible.
The following information is to be provided when reporting spills. Use Form R102500-7 (2532.41 Exhibit 01) to document the original report.
1. Date, time, and type of spill or discharge.
2. Specific location by State, Section, Township, and Range.
3. Name of water body and/or stream impacted or potentially threatened. In
the case of dry hazardous chemicals, a water body or stream does not have to be
involved or threatened to cause a report and cleanup response.
4. Substance discharged or spilled. Note any warning labels on the container
or vehicle. Double-check spelling of chemical names. Many are quite similar, but
require different responses.
5. Estimated quantity spilled and the amount that is still contained that
could be added to the spilled volume in time. Make estimates in gallons for liquids
and cubic feet for dry substances.
6. Cause of spill or discharge if readily apparent during the reconnaissance
investigation. If not, list as unknown on the checklist, and determine and record in
the follow-up report.
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7. Determine responsibility, if possible, for the spill or discharge. Do not
delay report by spending a great deal of time determining names and addresses
initially, if doing so, will inordinately delay reporting.
8. Determine the intent and capability of the responsible party to assume
responsibility for abating or containing the discharge or spill. On NFS lands, Forest
Service response shall be activated immediately according to the contingency plan
when the spill site is abandoned or the responsible party is unable or unwilling to
act.
9. Report that containment actions have already started or that actions shall
be undertaken soon. If there is difficulty in determining what action is appropriate
because of the exotic nature of the substance and/or problems of location, seek the
advice of an experienced On-Scene-Coordinator FIRST. The no action alternative
for the short run may be the best alternative under some conditions.
10. Assess the potential impacts on human health and safety downstream
from the spill or discharge. If the hazards are high and imminent, local authorities
must be notified immediately, and prior to or concurrently with the report to the
NRC. Environmental effects should also be assessed as soon as possible and
containment designed to mitigate effects without causing additional damage from
the corrective actions.
11. The NRC shall need to know, for their records, the name, title, address,
and telephone number of the person making the report.
Definitions
1. Spill or Discharge. Includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of oil or hazardous materials.
2. Oil. Oil of any kind or in any form, including but not limited to, petroleum,
fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Any
amount constitutes a reportable spill.
3. Hazardous Material. Any material description or origin (other than oilrelated products) which, when discharged into any waters of the State, present an
imminent and substantial hazard to public health or welfare, finfish, shellfish, or
other wildlife and shorelines; and shall include all materials so designated by the
EPA in their comprehensive hazardous substance list.
4. On-Scene-Coordinator. The Federal official designated by the U.S. Coast
Guard or the EPA to coordinate and direct the Federal response to spill and
discharge removal efforts at the scene of a discharge.
5. Facility. Any building, structure, installation, equipment, pipe or pipeline,
well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor
vehicle, or any site or area where a hazardous substance has been deposited, stored,
disposed of, or placed or come to be located.
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2532.41 - Exhibit 01
USDA Forest Service
R10-2500-7 (9/87)
OIL AND HAZARDOUS MATERIAL SPILL REPORT CHECKLIST
DATE:
TIME: Spill Occurred
discovered
reported
LOCATION: State: AK Township:
Rge: Sec.
Meridian:
Other Description:
Name of Water Body:
TYPE OF SPILL: Tank:
Truck: R.R.Car: Vessel: Other:
VOLUME OF SPILL: Gal:
, Cubic Feet:
Amount that may spill: Gal:
Cubic Feet:
No. of containers, drums, bags, etc.:
EXTENT OF SPILL: Proximity to water:
Has material entered water:
Hazards to life and/or property:
CAUSE OF SPILL:
CHARACTER OF SPILL: (BE CAREFUL, Protect yourself from explosion, fire,
toxic fumes, and caustic exposure. Look for labels on containers or tank. Double
check the spelling of chemical names. Some are similar but react differently.)
Type of Material and Name (if known):
If Unknown: Odor:
Color:
Viscosity:
Appearance: Clear
Cloudy
Behavior in Water:
Any irritation to eyes, skin or lungs:
Any reaction such as foaming, flaming, fuming, or gas given off:
Identification number(s) on vehicle:
Any warning signs on vehicle or container:
PARTY OR COMPANY RESPONSIBLE: Name:
Address:
Intent and capability to control and clean up spill:
ACTIONS BEING TAKEN TO CONTAIN SPILL:
YOUR NAME:
PHONE NUMBER: 907-
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2532.43 - Exhibit 01--Continued
Federal and State law require that appropriate notification and cleanup of any
petroleum, hazardous chemical, or pesticide spills be made. When a spill or
discharge of material unnatural or uncommon substances into water bodies or onto
land is discovered, prepare to make a report of the information on the other side of
this card to the National Response Center.
Be thorough, safe, and as quick as the terrain permits and the situation warrants.
The time of reporting is important, so do not spend a lot of time trying to obtain
details that are not readily apparent at the scene.
Report the spill to the National Response Center (1-800-424-8802). If the NRC
cannot be reached, reports may be made to the Primary Regional Response Center
(1-907-586-7340) or alternative Regional Response Center (1-907-371-5083).
TREAT ALL SPILLS WITH CAUTION: REMEMBER, you are not required or
expected to do work you are not trained to do. Even if you think you know what the
substance is, take the following precautions to protect yourself:
1.
2.
3.
4.
5.
Approach the area from upwind.
Avoid breathing dust, fumes, mists, gases, or vapors.
Keep heat, sparks or open flames away. DON'T SMOKE.
Avoid contact with skin, eyes, or clothing.
Restrict access, keep people upwind and away from area.
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2534 - COOPERATION IN OTHER WATER-RELATED ACTIVITIES
2534.1 - Pollution Control. Direction for nonpoint source pollution control is given
under FSM 2530, while direction for point source pollution control is given under
FSM 7440.
1. Authority. The Clean Water Act, as amended in 1987 (33 U.S.C. 1251 et.
seq.), sets forth national policy for the control or treatment of all water pollution.
Executive Order 12088 requires Federal agencies to take all necessary actions for
the prevention, control, and abatement of environmental pollution.
Section 313 of the Clean Water Act and Executive Order 12088 require the Forest
Service to adhere to the goals set forth in the State Water Quality Standards. The
Water Quality Standards are designed to protect the designated uses of all State
waters. Section 319 of the Clean Water Act requires, in part, all states to develop
nonpoint source pollution management programs to qualify for Federal grants to
control nonpoint source pollution. The Alaska Nonpoint Source Pollution Control
Strategy, developed and administered by the Alaska Department of Environmental
Conservation (ADEC), and approved by the U.S. Environmental Protection Agency
(EPA) in August 1990, fulfilled this requirement.
Implementation of the Section 319 Federal consistency provisions for Federal land
management activities in coastal areas is through the Alaska Coastal Management
Program review process which is coordinated by the State's Division of
Governmental Coordination (DGC).
The Act and Executive Order both have significant implications for management of
National Forest System (NFS) lands, and require continued collaboration between
the Forest Service and the ADEC.
2. Objectives.
a. To meet or exceed State water quality standards.
b. To ensure that Forest Service activities meet the Federal consistency
requirements of:
(1) Sections 319(b)(2)(f) and 319(k) of the Clean Water Act as specified in
the 1992 Memorandum of Agreement (MOA) with ADEC.
(2) Section 313 of the Clean Water Act.
(3) Executive Order 12088.
c. To establish the Forest Service as the agency responsible for monitoring
and protecting water quality on National Forest System (NFS) lands in
Alaska for purposes of the Clean Water Act, as amended.
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3. Policies.
a. Incorporate Best Management Practices (BMPs) into all land
management activities that can affect water quality. Identify, describe,
and integrate specific water quality related management objectives with
other resource objectives in Forest and project plans.
b. Monitor selected land management activities to determine how well
water quality and other aquatic resource objectives are being met.
c. Evaluate monitoring data, report conclusions, and make management
recommendations at least annually.
d. Develop and/or improve BMP guidance in collaboration with ADEC.
e. Where NFS lands are involved, continue to cooperate and coordinate
with ADEC in the implementation of the MOA.
f. Report results and conclusions annually.
4. Responsibility.
a. Regional Forester. The Regional Forester shall:
(1) Provide program guidance to implement the objectives of the Clean
Water Act, including water quality monitoring on NFS lands.
(2) Assure implementation of the MOA with ADEC.
b. Director, Lands, Minerals, and Watershed Management. The Director
is designated as the Forest Service Region 10 nonpoint source pollution
control (Section 319) coordinator and serves as the liaison between the
Forest Service and ADEC and shall:
(1) Serve as the primary contact to Forest Supervisors and Regional Office
Staff Directors on matters relating to Section 319 activities and policy.
(2) Coordinate Section 319 water quality management activities with State
and other Federal agencies.
(3) Schedule annual meetings between the Forest Service and ADEC as
outlined in the MOA.
(4) As described in the MOA, submit annually to ADEC:
(a) BMP Implementation Monitoring Report.
(b) BMP Effectiveness Monitoring Report.
(c) Plan-of-Work for the following year's monitoring.
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c. Director, Engineering and Aviation Management. The Director is
designated as the Forest Service, Region 10 point source pollution control,
and hazardous waste management coordinator (see FSM 7440 and FSM
2160).
d. Forest Supervisors. Forest Supervisors shall:
(1) Ensure that the MOA between ADEC and the Forest Service is
implemented on NFS lands under their authority.
(2) Identify in Forest and project plans the BMPs necessary to meet the
goals of the State's water quality standards.
(3) Develop guidelines for incorporating BMPs into land management and
resource plans.
(4) Incorporate BMP implementation and monitoring into the Forest
program planning and budgeting process.
(5) Ensure that National Forest management activities comply with the
intent and provisions of the MOA.
(6) Keep the Regional Section 319 coordinator informed of water quality
monitoring and planning activities and request assistance as needed.
e. District Rangers. District Rangers shall:
(1) Apply BMPs to site-specific field conditions
(2) Take appropriate corrective action in the field to remedy exceedances of
State Water Quality Standards.
(3) Notify ADEC, the Forest Supervisor, and the appropriate Regional
coordinator, through the Forest Supervisor, of all known and suspected
exceedances of State Water Quality Standards on lands under their
authority, and the corrective action being taken, as soon as practicable.
5. Definitions.
a. "Best Management Practice (BMP): Methods, measures, or practices
selected by an agency to meet its nonpoint source control needs. BMPs
include but are not limited to structural and nonstructural controls and
operation and maintenance procedures. BMPs can be applied before,
during, and after pollution-producing activities to reduce or eliminate the
introduction of pollutants into receiving waters"
(40 CFR 130.2(m)).
Negotiations between the Forest Service and EPA have further clarified
the definition of BMP as: "Methods, measures, or practices to prevent or
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reduce water pollution, including, but not limited to, structural and
nonstructural controls, operation and maintenance procedures, other
requirements and scheduling and distribution of activities. Usually BMPs
are applied as a system of practices rather than a single practice. BMPs
are selected on the basis of site-specific conditions that reflect natural
background conditions and political, social, economic, and technical
feasibility".
6. Memorandum of Agreement. 2534.1-Exhibit 01 is the 1992 Memorandum
of Agreement between the Alaska Department of Environmental Conservation and
the USDA Forest Service, Alaska Region.
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2534.1 - Exhibit 01
MEMORANDUM OF AGREEMENT
between the
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
and the
USDA FOREST SERVICE, ALASKA REGION
PURPOSE
This Memorandum of Agreement (MOA), along with Attachment A (Forest Service
Soil and Water Conservation Handbook, Chapter 10), Attachment B (Alaska
Nonpoint Source Pollution Control Strategy), and Attachment C (Alaska Water
Quality Standards - 18 AAC 70) is entered into, by, and between the Alaska
Department of Environmental Conservation, hereinafter referred to as ADEC, and
the U.S. Department of Agriculture, Forest Service (Region 10), hereinafter referred
to as the Forest Service. These documents collectively represent the "Forest Service
Alaska Region Water Quality Management Plan." This MOA replaces the current
Memorandum of Understanding dated May 16, 1980, between the Forest Service
and ADEC.
The purposes of this MOA are:
1. For ADEC and the Forest Service to commit to the responsibilities and
activities to be performed by each agency pursuant to National Forest
water quality protection tasks described in the Alaska Nonpoint Source
Pollution Control Strategy (NPS Strategy), approved by the U.S.
Environmental Protection Agency (EPA) in August 1990.
2. To ensure Forest Service activities meet Federal consistency requirements
of:
a. Sections 319(b)(2)(f) and 319(k) of the Clean Water Act as amended in
1987 (Public Law 100-4) as specified in pages 88 through 92 of the NPS
Strategy;
b. Section 313 of the Clean Water Act;
c. Executive Order 12088.
3. To establish the Forest Service as the agency responsible for monitoring and
protecting water quality on National Forest System lands in Alaska for purposes of
the Clean Water Act, as amended.
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2534.1 - Exhibit 01--Continued
AUTHORITIES
Congress, through a variety of legislation, has assigned to the Forest Service the
responsibility for resource management and protection, including water quality, on
Federal lands under its jurisdiction. The cooperation and participation of the
Forest Service with ADEC are consistent with Federal legislation.
In Alaska, ADEC is the lead State agency for promulgating and enforcing water
quality regulations under the Clean Water Act. Alaska Statute 46 gives ADEC
broad authority and responsibility to protect the State's waters for designated uses,
to develop plans, promulgate and enforce regulations to control pollution, levy fines,
and to enter into agreements with other agencies.
The Alaska Forest Resources and Practices Act of 1990 (AFRPA) states in part, for
Federal lands, that the degree of resource protection may not be less than that
established by the Act for State land (except that AS. 41.17.119 establishes the
minimum riparian standard).
Section 313 of the Clean Water Act and Executive Order 12088 requires the Forest
Service to adhere to the goals set forth in the State Water Quality Standards. The
Water Quality Standards are designed to protect the designated uses of all State
waters.
Section 319 of the Clean Water Act requires, in part, all states to develop nonpoint
source pollution management programs to qualify for Federal grants to control
nonpoint source pollution. Development and approval of the NPS Strategy fulfilled
this requirement.
The mechanism for State implementation of the Section 319 Federal consistency
provisions for Federal land management activities in coastal areas is the Alaska
Coastal Management Program review process coordinated by the State's Division of
Governmental Coordination (DGC). This existing process will serve as the State's
forest practices Federal consistency review procedure for those Federal activities
listed on pages 88-92 of the NPS Strategy. This list may be modified in any
renegotiation of the current Memorandum of Understanding between the Forest
Service and the DGC.
An important component of the NPS Strategy is the list of forest practices tasks
that, if successfully implemented, will control nonpoint source pollution from forest
practices in the State. The Forest Service and ADEC recognize that successful
implementation of these tasks is the critical objective of this MOA. The primary
mechanism to control forest practices nonpoint source pollution is the proper
application of Best Management Practices (BMPs), a concept incorporated in several
NPS Strategy tasks.
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2534.1 - Exhibit 01--Continued
It is also recognized that proper application of BMPs is the primary mechanism to
control nonpoint source pollution from activities other than forestry. These
activities include recreation, mining, fish and wildlife habitat restoration, fire
suppression, etc.
This MOA addresses the following NPS Strategy tasks:
1. Revise and reauthorize the ADEC/Forest Service Memorandum of
Understanding (page 20, task 2.1).
2. Evaluate and certify the Forest Service Soil and Water Conservation
Handbook (Chapter 10), also known as the BMP Handbook for National Forest
lands in Alaska (page 21, task 2.3).
3. Evaluate the effectiveness of Forest Service BMPs in meeting State Water
Quality Standards, and make appropriate revisions to the Forest Service BMP
Handbook (page 21, task 2.4).
4. Evaluate Forest Service planning framework, watershed and water quality
protection guidelines, and inspection and enforcement guidelines (page 22, task
2.5).
5. Conduct ongoing review and evaluation of selected Forest Service planning
products: Forest Land Management Plans, Environmental Impact Statements,
Environmental Assessments, contracts, annual operating plans, and harvest unit
layouts (page 22, task 2.6).
6. Conduct ongoing, periodic field inspections of timber harvest and other
operations on National Forest lands in cooperation with the Forest Service (page 22,
task 2.7).
7. Plan and conduct research to determine effects on water quality of various
silvicultural treatments and management practices
(page 23, task 3.1).
8. Conduct a water quality assessment program for forest and other
management practices as input to ADEC's 305(b) Water Quality Assessment
Reports to the EPA (page 24, task 3.2).
9. Establish and maintain a Working Group to facilitate and coordinate
implementation of the NPS Strategy (page 24, task 4.1).
10. Develop a policy statement to clarify the application of the Water Quality
Standards to forest and other management practices (page 25, task 4.2).
2534.1 - Exhibit 01--Continued
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Details of specific NPS Strategy tasks are found in Attachment B.
MUTUAL AGREEMENTS AND AGENCY RESPONSIBILITIES
The Forest Service and ADEC agree that this MOA, with Attachments A, B, and C,
is the implementation plan for execution of this Agreement and is a priority within
their respective organizations. MOA implementation will help ensure that the NPS
Strategy tasks are successfully implemented in a timely manner.
ADEC and the Forest Service also recognize that financial commitments will be
necessary to support these increased management commitments.
Forest Service Responsibilities
Under this MOA, the Forest Service is responsible for:
1. Implementing State-certified BMPs to protect water quality prior to, during,
and subsequent to, natural resource management activities on National Forest
System lands in Alaska.
2. Taking the lead role in monitoring and determining, in consultation with
the ADEC, the effectiveness of BMPs in meeting State Water Quality Standards for
the variety of land management activities conducted.
3. Taking appropriate corrective action in the field to remedy exceedances of
18 AAC 70.020 water quality criteria (found in Attachment C).
4. Making appropriate revisions to the Forest Service BMP Handbook when
specific practices or procedures are determined to provide less resource protection
than the requirements of AFRPA and adopted State BMPs, and submitting such
proposed changes to ADEC for certification.
5. Coordinating with ADEC to ensure that the BMP iterative process is
functioning.
6. Providing information to operators and Forest Service field administrators
on the BMP iterative process and Federal obligations to protect water quality.
7. Accomplishing other applicable components of the NPS Strategy tasks, in
coordination with the State, as described on pages 2 and 3 of this MOA.
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2534.1 - Exhibit 01--Continued
8. Consulting with ADEC, on a yearly basis, to discuss the adequacy and
priority use of Forest Service water quality monitoring funds, and to at least meet
the minimum water quality monitoring requirements of the Chugach and Tongass
National Forest Land Management Plans.
9. Meeting water quality monitoring and reporting requirements as described
in this MOA.
10. Coordinating with ADEC to develop an inter-agency water quality
management data base.
11. Ensuring that short-term variance requests, under 18 AAC 70.015, are
being submitted in a timely manner for those projects that will likely exceed water
quality criteria.
12. Participating in comprehensive monitoring efforts, as needed, under 11
AAC 95.825.
Forest Service Water Quality Monitoring Responsibilities
The Forest Service will, on an on-going basis, perform the following two types of
water quality monitoring: 1) BMP implementation monitoring (whether BMPs are
being implemented); and 2) BMP effectiveness monitoring (whether BMPs are
meeting State water quality criteria as described in Attachment C).
Additionally, contingent on funding, by December 1994, the Forest Service will
conduct validation monitoring to determine if planning or decision document
assumptions, or models, are correct.
Baseline monitoring (which describes the range and trends in temporal and spatial
water quality variations) is an optional type of monitoring activity that ADEC
encourages the Forest Service to do.
Forest Service water quality monitoring plans for each field season will be
consolidated into a Forest Service pre-season plan-of-work. The plan-of-work will
be used, in part, by the Forest Service to help determine water quality monitoring
priorities for upcoming field seasons.
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2534.1 - Exhibit 01--Continued
BMP Implementation Monitoring
BMP implementation monitoring will be conducted by the Forest Service and
required for all projects that could reasonably be expected to degrade water quality
or impair the designated uses of the waterbody. Since BMPs have been designed
and are presumed to meet State Water Quality Standards, it is imperative to
determine whether BMPs are being adequately implemented.
BMP Effectiveness Monitoring
In conjunction with determining whether BMPs have been implemented, BMP
effectiveness monitoring determines the effects of practices on water quality.
Effectiveness monitoring will be conducted by the Forest Service and includes both
routine field observations and comprehensive monitoring projects. Effectiveness
monitoring will be required on a random sample basis and will also be required for
all projects that have a high potential to degrade water quality or impair the
designated uses of a waterbody.
Routine effectiveness monitoring includes visual water quality observations and
documentation. Observing and documenting visual water quality degradation shall
be a responsibility for designated Forest Service employees who have field
inspection and/or administration responsibilities.
Water quality degradation observed visually in the field from resource management
activities will be documented and immediately reported to appropriate Forest
Service field administrators, the responsible District Ranger, and ADEC. In such
situations, the Forest Service will take appropriate corrective actions and will notify
ADEC of such action.
Comprehensive effectiveness monitoring includes, but is not limited to, monitoring
projects that specify evaluation criteria in quantitative terms. EPA's Monitoring
Guidelines to Evaluate Effects of Forestry Activities on Streams in the Pacific
Northwest and Alaska (May 1991) will be used as a guide to develop comprehensive
monitoring projects. It is recognized that comprehensive monitoring can be
expensive and demanding of staff time. Determining where comprehensive
monitoring will occur and the monitoring project's questions/parameters are
important issues that will generally be mentioned in the annual Forest Service preseason plan-of-work and specifically discussed during interdisciplinary project field
reviews of sensitive watersheds. Final decisions on comprehensive monitoring
projects are made by the appropriate Forest Service official with ADEC input.
The Forest Service will normally measure BMP effectiveness against the following
water quality parameters: sediment, turbidity, temperature, residue, and dissolved
gas. ADEC and the Forest Service will collaborate on other water quality
parameters that may be used on a project specific basis.
2534.1 - Exhibit 01--Continued
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Turbidity (for routine visual effectiveness monitoring) and sediment (for
comprehensive effectiveness monitoring) are normally the water quality monitoring
parameters of emphasis in the Alaska Region.
Validation Monitoring
The NPS Strategy requires Forest Service validation monitoring on National Forest
lands by December 1994, contingent on funding. Validation monitoring is
conducted in cases where questions arise on whether designated uses of water are
being protected.
Baseline Monitoring
The Forest Service may develop and conduct baseline monitoring projects to
complement the overall Forest Service water quality monitoring effort.
Forest Service Reporting Requirements to ADEC
In accordance with this MOA, the Forest Service will submit the following
documents to the ADEC for review: 1) the annual post-season water quality report
that summarizes Forest Service water quality monitoring efforts, implementation
and effectiveness of BMPs, and corrective actions taken to protect water quality;
and 2) the annual pre-season plan-of-work.
The annual post-season water quality report shall be organized by Forest Service
Ranger District and will have, but is not limited to, the following components: 1) a
summary of the previous year's Forest Service water quality monitoring efforts; 2)
305(b) water quality data; and 3) a summary of the implementation and
effectiveness of BMPs, with recommendations for the pre-season plan-of-work. The
post-season report is anticipated to be submitted to ADEC by January 15 of each
year. ADEC will complete a review of this report within 30 days of receipt.
The annual pre-season plan-of-work shall be submitted to the ADEC by March 1 of
each year. ADEC will complete a review of this plan-of-work within 30 days of
receipt.
ADEC Responsibilities
Under this MOA, the ADEC will exercise its authorities and responsibilities as the
State water quality regulatory agency by actively participating with the Forest
Service to help ensure that NPS Strategy tasks are being adequately implemented
to protect water quality.
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2534.1 - Exhibit 01--Continued
ADEC participation will include:
1. Providing routine review of unit and road cards, Environmental
Assessments, and Environmental Impact Statements.
2. Providing input to the interdisciplinary team process to help
develop/identify alternatives and mitigation measures to proposed land disturbing
activities to protect water quality.
3. Providing technical information at annual Forest Service workshops on
topics such as water quality monitoring parameters, monitoring system design, and
monitoring implementation.
4. Conducting joint water quality inspections on active logging camps, Log
Transfer Facilities, road construction projects, and timber harvest areas with Forest
Service field staff to help determine if BMPs are being implemented and if the
BMPs are effective in protecting water quality.
5. Consulting with the responsible Forest Service official to obtain appropriate
corrective action in the field when BMPs are not protecting water quality.
6. Coordinating with the Forest Service to ensure that the BMP iterative
process is functioning.
7. Accomplishing applicable components of the NPS Strategy tasks with the
Forest Service as described on pages 2 and 3 of this MOA, including certifying the
Forest Service's BMPs.
8. Reviewing and acting upon short term variance requests, under
18 AAC 70.015 requirements in a timely manner.
ADEC Process to Certify Forest Service BMPs
It is ADEC's responsibility to certify Attachment A (Forest Service BMPs).
The certification process requires the evaluation of State BMPs adopted to meet the
requirements of AFRPA against the Forest Service BMP Handbook. The State
BMPs will be the forest practices regulations promulgated under AFRPA.
When ADEC determines that Forest Service BMPs provide no less resource
protection than the adopted State BMPs, the ADEC shall certify the Forest Service
BMPs.
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2534.1 - Exhibit 01--Continued
When ADEC or the Forest Service determines through BMP effectiveness
monitoring that Forest Service BMPs are providing less resource protection than
the adopted State BMPs, the Forest Service shall review the ineffective BMPs for
amendment. Any proposed amendments to the Forest Service BMPs shall be
reviewed for certification by ADEC.
The ADEC may certify other non-forestry related Forest Service BMPs on a case-bycase basis.
ANNUAL MEETINGS AND PUBLIC PARTICIPATION
The ADEC and the Forest Service will meet each winter to discuss the Forest
Service's post-season water quality report and what should be incorporated in the
Forest Service's pre-season plan-of-work. This is a key BMP iterative process
meeting that will be publicly noticed by the ADEC to encourage public
participation.
Other meetings will be held between the Forest Service and ADEC to facilitate the
BMP iterative process, and to evaluate compliance with the terms of this MOA.
RESPONSIBILITY AND COORDINATION
The Commissioner of ADEC and the Regional Forester of the Forest Service are the
responsible officials for ensuring implementation of this Agreement.
The ADEC Commissioner hereby assigns the primary responsibility to coordinate
implementation of ADEC aspects of this MOA to the Section Chief of the Water
Quality Management Section (Juneau).
The Forest Service Regional Forester hereby assigns the primary responsibility to
implement this MOA, and Attachment A, to the Director of Lands, Minerals and
Watershed Management.
ADMINISTRATIVE
1. This MOA may be periodically revised, updated, or refined as necessary, by
mutual agreement by both the Forest Service and the ADEC.
2. This MOA will remain in effect unless replaced by another MOA,
terminated by mutual consent of the parties, or cancelled by 30-days' written notice
from one party to the other party.
3. Nothing herein shall be construed as obligating or as involving either party
in any contract or other obligation for the future payment of money in excess of
appropriations authorized by law and administratively available for this work.
2534.1 - Exhibit 01--Continued
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4. This MOA will serve as the basis for any cooperative interagency job
positions, or monitoring projects, that may be established to help fulfill the
commitments herein.
We, the undersigned officials responsible for implementing this MOA and applicable
attachments, hereby commit the necessary resources to effectively implement all
aspects of this MOA.
We also understand that successful implementation of this MOA and Attachments
A through C by the Forest Service and ADEC will:
1) satisfy State and Federal nonpoint source pollution requirements;
2) better ensure water quality protection on National Forest System lands in
Alaska; and 3) prevent the State from initiating a TMDL strategy on waterbodies on
National Forest System lands in Alaska that have no point sources, or are being
maintained to protect designated uses.
U.S. Department of Agriculture
Forest Service
State of Alaska
Department of
Environmental Conservation
/s/ Robert E. Wilson for
MICHAEL A. BARTON
Regional Forester
/s/ John A. Sandor
JOHN A. SANDOR
Commissioner
Date: March 26, 1992
Date: April 6, 1992