C04 - 7 - National Core BMPs.pdf

National Best Management Practices for Water Quality Management on National Forest System Lands

Volume 1:

National Core BMP Technical Guide

N atio nal B est M anag em ent P ractices fo r W ater Q uality M anag em ent o n N atio nal Fo rest S ystem Land s Volum e 1: N ational C ore B

M P

Technical G uid e

United States Department of Agriculture

Forest Service

FS-990a

April 2012

National Best Management Practices for Water Quality Management on National Forest System Lands

Volume 1:

National Core BMP Technical Guide

United States Department of Agriculture

Forest Service

FS-990a

April 2012

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Front cover photo: �Taylor Fork Creek, Gallatin National Forest, near Big Sky, MT, by David Scovell, engineer, Rogue River-Siskiyou National Forest. Photo taken in August 2005 in the Madison Range, just west of Yellowstone National Park.

Volume 1: National Core BMP Technical Guide iii

Acknowledgments

This document is the culmination of an effort that has spanned many years. Countless numbers of Forest Service, U.S. Depart-ment of Agriculture, resource personnel at all levels of the agency, including National Forest System, State and Private Forestry, and Research and Development, have participated to make the vision of a National Best Management Practices (BMP) Program a reality. Thank you to all those who provided guidance as part of the steering committee, those who partici-pated in the teams that drafted the initial version of the BMPs, those who developed the BMP monitoring protocols, and the many people across the agency who reviewed drafts of this document and provided comments. Particular thanks goes to Joan Carlson of the Rocky Mountain Regional Office for her dedication to the development and completion of this document.

Thank you also to our partners—the Association of Clean Water Administrators (formerly the Association of State and Inter-State Water Pollution Control Administrators), the Intertribal Timber Council, the National Association of State Foresters, the National Congress of American Indians, and the U.S. Environmental Protection Agency—who reviewed the document and provided helpful comments.

Volume 1: National Core BMP Technical Guide v

Preface

This technical guide is the first volume of guidance for the Forest Service, U.S. Department of Agriculture, National Best Management Practices (BMP) Program. The National BMP Program was developed to improve agency perfor-mance and accountability in managing water quality con-sistent with the Federal Clean Water Act (CWA) and State water quality programs. Current Forest Service policy directs compliance with required CWA permits and State regulations and requires the use of BMPs to control nonpoint source pollution to meet applicable water quality standards and other CWA requirements.

The Forest Service has a long history of working with States and other partners to carry out BMP programs, including agree-ments with the U.S. Environmental Protection Agency (EPA) and many States to use and monitor BMPs. Each Forest Service region has a BMP guidance document consistent with its respec-tive State BMP programs. Most national forests and grasslands monitor and report on BMPs. The regional or forest BMP pro-grams, however, are not standardized to allow efficient cross-regional application, evaluation, or reporting. The National BMP Program, which includes the National Core BMPs de-tailed in this guide, will enable the agency to readily document compliance with the nonpoint source management strategy at national or regional scales. The National BMP Program is mod-eled after a successful 20-year-old regional BMP program in the Forest Service Pacific Southwest Region (Region 5).

A standardized National BMP Program is needed as an effec-tive tool for the agency to accomplish the following:

• Improve water quality to restore impaired waters—National Forest System (NFS) lands in the United States contain 3,126 CWA 303(d) listed waterbodies; nearly every Forest Service administrative unit (96 percent) has at least one im-paired waterbody within its boundaries. BMPs identified in Total Maximum Daily Load restoration plans will improve water quality conditions in impaired waters.

• Improve relationships with EPA, States, and the public—Im-proved Forest Service BMP program performance and account-ability will better demonstrate compliance with CWA permit requirements and State nonpoint source programs and build trust between the agency and our partners and stakeholders.

• Improve the agency’s ability to demonstrate results in wa-tershed management—The Forest Service has made a com-mitment to implement several accountability tools, including a National BMP Program, to document improvements in watershed condition as a result of management and restora-tion actions.

• Improve the agency’s ability to use adaptive management in land management plan implementation—The National BMP Program will provide a consistent, credible, and af-fordable agencywide BMP monitoring program with coor-dinated data collection; monitoring information that can be aggregated at any scale; a database accessible to all Forest Service users; and reports that will be shared with EPA, States, and other partners. This type of monitoring program provides a continuous feedback loop for a successful adap-tive management process.

• Improve National Environmental Policy Act analyses and compliance with other Federal laws—Improved account-ability for water quality management will lead to improved National Environmental Policy Act analysis and documen-tation and better demonstration of compliance with other Federal laws, such as Endangered Species Act habitat pro-tections for aquatic threatened and endangered species. The agency’s ability to respond successfully to water-quality-related appeals and lawsuits will be improved, and manage-ment flexibility in decisionmaking will be maintained.

The National BMP Program will provide consistency among Forest Service administrative units to efficiently administer the program and demonstrate improvements in performance and accountability at multiple scales. The National BMP Program consists of four main components: (1) a set of National Core BMPs, (2) a set of standardized monitoring protocols to evalu-ate implementation and effectiveness of those BMPs, (3) a data management and reporting structure, and (4) corresponding national direction.

The National Core BMPs integrate individual State and Forest Service regional BMPs under one umbrella to facilitate an agencywide BMP monitoring program. The national core set provides general, nonprescriptive BMPs for the broad range of activities that occur on NFS lands. Nearly every BMP in the national core set already exists in current regulations, guid-ance, or procedures. Adopting a standard national core set of BMPs may change what some national forests and grasslands refer to as their BMPs, but it will not change the substance of site-specific BMP prescriptions. Those prescriptions will continue to be based on State BMPs, regional Forest Service guidance, land management plan standards and guidelines, vi Volume 1: National Core BMP Technical Guide

BMP monitoring information, and professional judgment.

Standardization will improve consistency, ensure that For-est Service resource professionals use best available science to develop site-specific BMP prescriptions, and, ultimately, improve water quality on and downstream of NFS lands.

The national BMP monitoring protocols will be used to supple-ment existing national forest or grassland BMP monitoring pro-grams for those units that already have programs and provide a foundation for those units that do not. Each national forest and grassland will complete a small number of national BMP moni-toring evaluations each year for each of the national core BMPs implemented on the unit. This information will be aggregated over time to provide national- and regional-scale evaluations of BMP performance. Identified deficiencies in either BMP implementation or effectiveness will be used to adjust land and resource management activities and the BMPs to improve water quality protection.

In summary, the Forest Service National BMP Program is the agency’s nonpoint source pollution control program for achiev-ing and documenting water resource protection. The National BMP Program demonstrates the agency’s commitment to land stewardship and protection of water quality consistent with the CWA, State regulations, and other requirements. The National BMP Program is not intended in any way to circumvent or in-terfere with State and tribal CWA programs, rather it is intended to support and assist the States and tribes in their efforts to ensure compliance on NFS lands. The ultimate goal is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters located within or near the national forests and grasslands.

Volume 1: National Core BMP Technical Guide vii

List of Abbreviations

AMP—Allotment Management Plan

AMZ—Aquatic Management Zone

AOI—Annual Operating Instructions

BAER—Burned Area Emergency Response

BLM—Bureau of Land Management

BMP—Best Management Practice

CFR—Code of Federal Regulations

COE—U.S. Army Corps of Engineers

CWA—Clean Water Act

CWE—cumulative watershed effects

DSR—Damage Survey Report

EPA—U.S. Environmental Protection Agency

ERFO—emergency relief for federally owned roads

FERC—Federal Energy Regulatory Commission

FY—fiscal year

FSH—Forest Service Handbook

FSM—Forest Service Manual

IDT—interdisciplinary team

IMT—incident management team

MVUM—Motor Vehicle Use Map

NEPA—National Environmental Policy Act

NFS—National Forest System

NPDES—National Pollutant Discharge Elimination System

NRCS—Natural Resources Conservation Service

RMOs—Road Management Objectives

ROS—Recreation Opportunity Spectrum

SPCC—Spill Prevention Control and Countermeasures

TMDL—total maximum daily load

USDA—U.S. Department of Agriculture

USGS—U.S. Geological Survey

Volume 1: National Core BMP Technical Guide ix

Contents

Acknowledgments....................................................................iii

Preface....................................................................................... v

List of Abbreviations...............................................................vii

Part 1. Introduction National BMP Program Purpose and Objectives Scope of Technical Guide

Part 2. Managing Water Quality on National Forest System Lands

Federal Clean Water Act State Nonpoint Source Management Programs Forest Service Policy for Water Quality Management Plan to Project: Forest Service BMP Process Summary

Part 3. National Core Best Management Practices General Planning Activities

Plan-1. Forest and Grassland Planning Plan-2. Project Planning and Analysis Plan-3 Aquatic Management Zone Planning Resources for General Planning Activities

Aquatic Ecosystems Management Activities AqEco-1. Aquatic Ecosystem Improvement and Restoration Planning AqEco-2. Operations in Aquatic Ecosystems AqEco-3. Ponds and Wetlands AqEco-4. Stream Channels and Shorelines Resources for Aquatic Ecosystems Management Activities

Chemical Use Management Activities Chem-1. Chemical Use Planning Chem-2. Follow Label Directions Chem-3. Chemical Use Near Waterbodies Chem-4. Chemical Use in Waterbodies Chem-5. Chemical Handling and Disposal Chem-6. Chemical Application Monitoring and Evaluation Resources for Chemical Use Management Activities

Facilities and Nonrecreation Special Uses Management Activities

Fac-1. Facilities and Nonrecreation Special Uses Planning Fac-2. Facility Construction and Stormwater Control... 41 Fac-3. Potable Water Supply Systems Fac-4. Sanitation Systems Fac-5. Solid Waste Management Fac-6. Hazardous Materials Fac-7. Vehicle and Equipment Wash Water Fac-8. Nonrecreation Special Use Authorizations Fac-9. Pipelines, Transmission Facilities, and Rights-of-Way Fac-10. Facility Site Reclamation Resources for Facilities and Nonrecreation Special Uses Management Activities

Wildland Fire Management Activities Fire-1. Wildland Fire Management Planning Fire-2. Use of Prescribed Fire Fire-3. Wildland Fire Control and Suppression Fire-4. Wildland Fire Suppression Damage Rehabilitation Resources for Wildland Fire Management Activities

Minerals Management Activities Min-1. Minerals Planning Min-2. Minerals Exploration Min-3. Minerals Production Min-4. Placer Mining Min-5. Mineral Materials Resource Sites Min-6. Ore Stockpiles, Mine Waste Storage and Disposal, Reserve Pits, and Settling Ponds Min-7. Produced Water Min-8. Minerals Site Reclamation Resources for Minerals Management Activities

Rangeland Management Activities Range-1. Rangeland Management Planning Range-2. Rangeland Permit Administration Range-3. Rangeland Improvements Resources for Rangeland Management Activities x Volume 1: National Core BMP Technical Guide

Recreation Management Activities Rec-1. Recreation Planning Rec-2. Developed Recreation Sites Rec-3. Dispersed Use Recreation Rec-4. Motorized and Nonmotorized Trails Rec-5. Motorized Vehicle Use Areas Rec-6. Pack and Riding Stock Use Areas Rec-7. Over-Snow Vehicle Use Rec-8. Watercraft Launches Rec-9. Recreation Special Use Authorizations Rec-10. Ski Runs and Lifts Rec-11. Ski Area Snowmaking Rec-12. Ski Area Facilities Resources for Recreation Management Activities

Road Management Activities Road-1. Travel Management Planning and Analysis... 105 Road-2. Road Location and Design Road-3. Road Construction and Reconstruction Road-4. Road Operations and Maintenance Road-5. Temporary Roads Road-6. Road Storage and Decommissioning Road-7. Stream Crossings Road-8. Snow Removal and Storage Road-9. Parking and Staging Areas Road-10. Equipment Refueling and Servicing Road-11. Road Storm-Damage Surveys Resources for Road Management Activities

Mechanical Vegetation Management Activities Veg-1. Vegetation Management Planning Veg-2. Erosion Prevention and Control Veg-3. Aquatic Management Zones Veg-4. Ground-Based Skidding and Yarding Operations Veg-5. Cable and Aerial Yarding Operations Veg-6. Landings Veg-7. Winter Logging Veg-8. Mechanical Site Treatment Resources for Mechanical Vegetation Management Activities

Water Uses Management Activities WatUses-1. Water Uses Planning WatUses-2. Water Wells for Production and Monitoring WatUses-3. Administrative Water Developments WatUses-4. Water Diversions and Conveyances WatUses-5. Dams and Impoundments WatUses-6. Dam Removal Resources for Water Uses Management Activities

Glossary

References

APPENDIX A. Forest Service Regional Best Management Practices Guidance Documents

APPENDIX B. Selected State Forestry BMP Documents

Volume 1: National Core BMP Technical Guide 1

High-quality water is one of the most important natural resources coming from the national forests and grasslands.

National Forest System (NFS) lands, which represent about 8 percent of the land area of the contiguous United States, contribute 18 percent of the Nation’s water supply (Brown et

al. 2008; Sedell et al. 2000). About 124 million people rely on NFS lands as the primary source of their drinking water (USDA Forest Service 2008a). In addition to drinking water and other municipal needs, water on NFS lands is important to sustaining populations of fish and wildlife, providing vari-ous recreation opportunities, and providing supplies to meet agricultural and industrial needs across the country.

The national forests and grasslands were established to protect the land, secure favorable conditions of water flows, and pro-vide a sustainable supply of goods and services (the Organic Administration Act of 1897). NFS lands are managed using a multiple-use approach with the goal of sustaining healthy ter-restrial and aquatic ecosystems while addressing the need for resources, commodities, and services for the American people (USDA Forest Service 2008a). With a growing population and a finite fresh water resource, providing high-quality fresh water supplies is more critical than ever to the social and economic well-being of the United States.

Forests and grasslands generally produce high-quality water, especially when the ecosystems are healthy and functioning properly. Water quality is influenced by the pattern, magnitude, intensity, and location of land use and management activities.

Some land uses can protect or restore water quality, while others may degrade or pose risks to clean water. Excess sediment (tur-bidity and bedload), nutrients, temperature, hazardous chemi-cals, and their resulting effects on water chemistry and aquatic habitats, are the most significant water quality issues resulting from land uses and management activities on NFS lands.

Preventing negative water quality impacts is more efficient and effective than attempting to restore the damage. To ensure water quality is protected, the Forest Service, an agency of the U.S.

Department of Agriculture (USDA), has developed procedures, methods, and controls, consistent with Federal and State re-quirements, to address potential pollutants and pollution at their source. Implementation and monitoring of these Best Manage-ment Practices (BMPs) is the fundamental basis of the Forest Service water quality management program to protect, restore, or mitigate water quality impacts from activities on NFS lands.

National BMP Program Purpose and Objectives

The purpose of the National BMP Program is to provide a standard set of core BMPs and a consistent means to track and document the use and effectiveness of BMPs on NFS lands across the country. The objectives of the National BMP Pro-gram are as follows:

1. To establish uniform direction for BMP implementation to control nonpoint source pollution on all NFS lands to avoid, minimize, or mitigate adverse effects to soil, water quality, and riparian resources that will meet the intent of the Federal and State water quality laws and regulations, Executive or-ders, and USDA and Forest Service directives.

2. To establish a consistent process to monitor and evaluate Forest Service efforts to implement BMPs and the effective-ness of those BMPs at protecting water quality at national, regional, and forest scales.

3. To establish a consistent and creditable process to document and report agency BMP implementation and effectiveness.

The National BMP Program has four components: a national core set of BMPs, a procedural guide for monitoring BMP implementation and effectiveness, a data management system, Part 1. Introduction

Aquatic Management Zone (AMZ) An AMZ is an administratively designated zone adjacent to stream channels and other waterbodies. Special manage-ment controls aimed at maintaining and improving water quality or other water- and riparian-dependent values, including groundwater-dependent ecosystems, should be applied in the delineated AMZ. The width of the AMZ is determined based on site-specific factors and local require-ments. AMZ delineation may encompass the floodplain and riparian areas when present. AMZ designation can have synergistic benefits to other resources, such as maintain-ing and improving aquatic and riparian area-dependent resources, visual and aesthetic quality, wildlife habitat, and recreation opportunities.

A variety of names for the AMZ concept are used in the States and Forest Service regions: Water Influence Zone (WIZ), Rocky Mountain Region 2 (R2); Stream Environment Zones, Pacific Southwest Region (R5); Riparian Conserva-tion Areas, R5; Riparian Reserves, R5 and Pacific Northwest Region (R6); Riparian Habitat Conservation Areas, R5 and R6; Streamside Management Unit (SMU), R6; Riparian Cor-ridor, Southern Region (R8); Riparian Management Corridor (RMC), Eastern Region (R9); and Riparian Management Area, Alaska Region (R10). For purposes of the National Core BMPs, these areas will be referred to as AMZs.

2 Volume 1: National Core BMP Technical Guide and corresponding national direction. This technical guide con-tains the national core set of BMPs to be used in the National BMP Program. The national BMP monitoring protocols will be contained in Volume 2 of this technical guide (FS-990b), which is currently being prepared.

Scope of Technical Guide This technical guide provides information for implementing the National Core BMP portion of the Forest Service National BMP Program. The National Core BMPs were compiled from Forest Service manuals, handbooks, contract and permit provisions, and policy statements, as well as State or other organizations’ BMP documents. The National Core BMPs are not intended to supersede or replace existing regional, State, forest, or grassland BMPs. Rather, the National Core BMPs provide a foundation for water quality protection on NFS lands and facilitate national BMP monitoring.

The National Core BMPs encompass the wide range of activi-ties on NFS lands across the Nation. The primary intent of the National Core BMPs is to carry out one of the Clean Water Act (CWA) purposes to maintain the chemical, physical, and biological integrity of the Nation’s waters. To that end, the

National Core BMPs are focused on water pollution control.

The National Core BMPs also address soil, aquatic, and riparian resources, but only to the extent that they contribute to mainte-nance of chemical, physical, and biological water quality.

The National Core BMPs in this technical guide are deliberately general and nonprescriptive. Because this document is national in scope, it cannot address all possible practices or practices specific to local or regional soils, climate, vegetation types, or State-specific requirements. The National Core BMPs require the development of site-specific BMP prescriptions based on local site conditions and requirements to achieve compliance with established State, tribal, or national water quality goals. It is expected that State requirements and BMP programs, Forest Service regional guidance, and the land management plan will provide the criteria for site-specific BMP prescriptions. The National Core BMPs provide direction on “what to do” and the local direction will provide direction on “how to do it.”

Table 1 contains two examples comparing the National Core BMP direction with Forest Service regional direction and State BMPs. Forest Service regions may supplement the National Core BMPs with additional practices or practices that are more specific to meet regional needs.

Volume 1: National Core BMP Technical Guide 3

National Core BMP Region 2 WCP1 Region 5 BMP2 Montana BMP3 Wisconsin BMP4

BMP Plan-3 Aquatic Management Zone (AMZ) Planning

• Determine width of AMZ for waterbodies in the project area that may be affected by the proposed activities.

• Evaluate the condition of riparian habitat and estimated response to the activity to de-termine need for and width of AMZ.

• Use stream class and type, channel condi-tion, aspect, slope, and soils to determine appropriate AMZ width.

Water Influence Zone

(WIZ)

• The WIZ includes the geomorphic floodplain, riparian ecosystem, and inner gorge.

• The minimum horizon-tal width is 100 feet or the mean height of mature dominant late-seral vegetation, whichever is most.

Practice 1-8 Streamside Management Zone (SMZ) Designation

• Identify the SMZ requirements during environmental docu-mentation process.

Each forest’s land and resource manage-ment plan identifies specific measures to protect these zones.

At a minimum, forest requirements must be identified and imple-mented.

Width of SMZ-Marking Boundary

• The SMZ width is a 50-foot slope distance on each side of streams, lakes, and other bodies of water measured from the ordinary high water mark. In all cases, ex-cept on Class 1 and 2 stream segments and lakes where the slope of the SMZ is greater than 35 per-cent, the SMZ width is 100 feet.

Riparian Management Zone (RMZ)

• The RMZ for lakes, designated trout streams, and streams 3 feet wide or wider is a strip of land running along the shoreline of lakes and on each side of a stream. It begins at the ordinary high water mark and extends a minimum of 100 feet landward.

• The RMZ for streams less than 3 feet wide is a strip of land on each side of a stream, be-ginning at the ordinary high water mark and extending a minimum of 35 feet.

BMP Veg-4 Ground- Based Skidding and Yarding Operations

• Use ground-based yarding systems only where physical site characteristics are suit-able to avoid, minimize, or mitigate adverse effects to soil and water quality.

• Use local direction or requirements for slope, erosion potential, mass wasting potential, and other soil or site proper-ties to determine areas suitable for ground-based yarding systems.

WCP Management Measure 9

• Limit roads and other disturbed sites to the minimum feasible num-ber, width, and total length consistent with the purpose of specific operations, local topog-raphy, and climate.

• Avoid new roads or heavy equipment use on unstable or highly erodible soils.

• Avoid ground skidding on sustained slopes steeper than 40 per-cent and on moderate to severely burned sustained slopes greater than 30 percent.

Practice 1-9 Determin-ing Tractor Loggable Ground

• Avoid tractor logging where the predicted post-logging erosion hazard cannot be reduced to either “low” or “moderate.”

Timber Harvesting

• Use the logging sys-tem that best fits the topography, soil types, and season while mini-mizing soil disturbance and economically accomplishing silvicultural objectives.

• Topography con-siderations for “cut-to-length harvesting”—limited to terrain less than 40 percent slope.

Timber Harvesting

• Avoid operating equip-ment where excessive soil compaction and rutting may cause erosion that affects water quality. The use of low ground pressure equipment may allow logging to continue.

• Where possible, keep skid trail grades less than 15 percent.

Grades greater than 15 percent should not exceed 300 feet in length.

Table 1.—Examples of how Forest Service regional direction and State BMPs fit within the National Core BMP framework

1 Rocky Mountain Region (Region 2) Watershed Conservation Practices (WCP), Forest Service Handbook 2509.25 (2006).

2 �Pacific Southwest Region (Region 5) Water Quality Management for National Forest System Lands in California—Best Management Practices (USDA Forest

Service 2000).

3 Water Quality Best Management Practices for Montana Forests. (Logan 2001).

4 Wisconsin’s Forestry Best Management Practices for Water Quality (Holaday and Wagner 2010).

4 Volume 1: National Core BMP Technical Guide

Volume 1: National Core BMP Technical Guide 5

Part 2. Managing Water Quality on National Forest System Lands

Federal Clean Water Act

The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.) is the foundation for surface water quality protection in the United States. The objective of the CWA, as articulated in section 101, is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. This law uses a variety of regulatory and nonregulatory tools to control direct pollutant discharges from point sources and manage polluted runoff from nonpoint sources to waters of the United States.

In the CWA, Congress gave States and tribes the option for tak-ing primary responsibility for water pollution control. (States will be used in the rest of this report to signify both States and those tribes that have received approval from the U.S. Environ-mental Protection Agency (EPA) for treatment as a State under the CWA.) As a result, most States and many tribes have taken on that responsibility and, therefore, water quality standards, procedures, rules, and regulations differ from one State to an-other. The Forest Service, as an agency of the Federal Govern-ment, is required to comply with all Federal, State, and local requirements for water pollution control in the same manner and to the same extent as any nongovernmental entity (CWA section 313).

Water Quality Standards

Water quality standards translate the broad goals of the CWA into specific objectives for an individual waterbody. Each State designates uses to be protected for each jurisdictional water-body within its boundaries. State water quality standards must provide for the protection and propagation of fish, shellfish, and wildlife and for recreation in and on the water, unless those uses have been shown to be unattainable. States must also adopt water quality criteria to protect such designated uses. In addition, each State must adopt an antidegradation policy. This policy is designed to prevent deterioration of existing levels of water quality, and must, in part, maintain existing uses and the level of water quality necessary to protect such uses. States review their water quality standards periodi-cally and, at a minimum, every 3 years. The EPA reviews and approves State water quality standards to ensure consistency with CWA requirements.

States are required to identify all waters that do not meet water quality standards even after mandatory pollution controls are in place. These waterbodies are considered to be impaired and are placed on the States’ biennial 303(d) list. A Total Maximum Daily Load (TMDL) must be developed by the State for all waterbodies on its approved 303(d) list. The TMDL represents the maximum amount of a pollutant that can enter a waterbody without exceeding the water quality standards. The TMDL amount is distributed among all the pollutant sources (point sources, nonpoint sources, and natural background levels) con-tributing to that particular waterbody. A margin of safety factor is also considered. A TMDL analysis must clearly identify the links between the waterbody use impairment, the causes of the impairment, and the pollutant load reductions needed to meet the applicable water quality standards. EPA reviews and ap-proves TMDLs and must complete the TMDL if it disapproves the State-developed TMDL. TMDLs are used as planning tools by States to develop specific methods or controls used to meet water quality standards in the impaired waterbody. The point source components of a TMDL are implemented through existing enforceable Federal programs (e.g., National Pollut-ant Discharge Elimination System [NPDES]). Nonpoint source controls (e.g., Best Management Practices [BMPs]) required by a TMDL can be implemented through a voluntary approach or some State and local regulations or other authorities. A specific TMDL implementation plan is not required by the CWA;

however, some States require a TMDL implementation plan or watershed restoration plan.

Point Source Pollution Control

Point source pollution is regulated through a permitting pro-gram as outlined in CWA sections 401, 402, and 404. Section 401 provides an opportunity for States to ensure that a permit or license issued by the Federal Government meets applicable State water quality requirements. Federal agencies may not is-sue permits for activities that “may result in any discharge into navigable waters” until the agency obtains certification from the State that the authorized activity will comply with water quality standards. Each State has its own rules and procedures for 401 Certification. Certification generally applies to point source discharges where a 402 or 404 permit is issued by the EPA or the U.S. Army Corps of Engineers (COE) and for Federal Energy Regulatory Commission licenses. Certifica-tion may also be required for some Forest Service special use authorizations and mining plan of operations where there would be a point source discharge. Section 401 is a “condi-tion precedent;” that is, 401 Certification must be obtained and proof provided to the Federal agency before the permit or license can be issued.

6 Volume 1: National Core BMP Technical Guide

The NPDES program is described in CWA section 402.

NPDES permits, or the State equivalent, regulate point source discharges. A point source discharge is defined as any addition of a pollutant to waters of the United States from a point source (e.g., a discrete conveyance such as pipes or manmade ditches).

Aside from stormwater discharge permits, in general, few types of Forest Service administrative activities would require a NPDES permit. The project proponent is responsible for ob-taining permit coverage. Section 402 is “condition subsequent” (i.e., the Forest Service can approve the activity before the 402 permit being obtained).

Stormwater discharges occur when runoff generated by rain or snowmelt events flows over land or impervious surfaces and is discharged to waters of the United States through discrete conveyances such as ditches or channels. Stormwater runoff does not percolate into the ground and may pick up and trans-port debris, chemicals, sediment, or other pollutants as it flows over the land or impervious surfaces. These pollutants could adversely affect water quality if the runoff is not treated before it is discharged into a surface waterbody. Stormwater discharge permits are required for certain categories of industrial activi-ties and construction activities. The “operator,” defined as the one who has operational control over the construction plans and specifications and has day-to-day operational control over activities at the site, is the party that should obtain stormwater permit coverage. The contractor or permittee and the Forest Service may be required to obtain permit coverage if either or both are considered the operator. Permits for industrial or con-struction activities or other temporary disturbances generally require BMPs as a primary method of controlling and contain-ing stormwater runoff to protect water quality.

CWA section 404 regulates the discharge of dredge or fill materials into waters of the United States. EPA and the COE jointly administer the 404 program. Unless a State has assumed 404 permitting authority, the COE is responsible for issuing 404 permits. Typical Forest Service activities that could require a 404 permit include stream crossings, stream restoration, habitat improvements, activities in wetlands, and spring developments.

Certain silviculture activities are exempt from 404 permits (CWA §404[f][1][A], 33 CFR 323.4[a] [1] and 40 CFR 232.3[c][1]).

Forest roads, as defined by COE guidance, are exempt from needing 404 permits as long as the BMPs detailed in the regula-tions are used to ensure that flow and circulation patterns and chemical and biological characteristics of the waters of the United States are not impaired (CWA § 404[f][1][E], 33 CFR 323.4[a] [6] and 40 CFR 232.3[c] [6][i-xv]). General 404 per-mits (nationwide or regional) have been established for many categories of activities. If a proposed activity cannot be covered by a general 404 permit, an individual 404 permit is required.

The project proponent or permittee is responsible for obtain-ing the 404 permit. Like section 402, section 404 is “condition subsequent,” so the activity, either a Forest Service project or a third-party activity proposed on National Forest System (NFS) lands, can be approved by the Forest Service before the 404 permit coverage is obtained. The project cannot be implemented until permit coverage is acquired.

Nonpoint Source Pollution Control

The CWA does not regulate nonpoint source pollution. Instead, sections 208 and 319 require States to develop a process to identify, if appropriate, agricultural, silvicultural, and other categories of nonpoint sources of pollution and to set forth procedures and methods, including land use requirements, to control to the extent practicable such sources. Each State has a Nonpoint Source Management Program and Plan that directs how the State will control nonpoint source pollution. The Non-point Source Management Plan describes the process, including intergovernmental coordination and public participation, for identifying BMPs to control identified nonpoint sources and to reduce the level of pollution from such sources. States often use these same sets of BMPs as the best approach to control point source discharges, such as stormwater discharges.

After BMPs have been approved by a State, the BMPs may become the primary mechanism for meeting water qual-ity standards from nonpoint source pollution sources in that State. Proper installation, operation, and maintenance of State approved BMPs are presumed to meet a landowner or man-ager’s obligation for compliance with applicable water quality standards. If subsequent evaluation indicates that approved and properly installed BMPs are not achieving water quality stan-dards, the State should take steps to revise the BMPs, evaluate and, if appropriate, revise water quality standards (designated uses and water quality criteria), or both. Through the iterative process of monitoring and adjusting BMPs and water quality standards, it is anticipated and expected that BMPs will lead to attainment of water quality standards (EPA 1987).

State Nonpoint Source Management Programs

Each State develops a set of BMPs as part of its Nonpoint Source Management Program. In many States, use of BMPs is voluntary; that is, it is encouraged but not required by regulation. Other States have a regulatory framework for nonpoint sources, either through their water quality laws and regulations or forest practices laws and regulations, where use of BMPs is required.

Volume 1: National Core BMP Technical Guide 7

All national forests and grasslands have adopted BMPs consistent with or approved by State nonpoint source manage-ment programs. In some States, the Forest Service uses the State BMPs as written, in addition to land management plan direction. In some Forest Service regions, the Forest Service has established BMPs, and the States have agreed that those practices conform to State requirements. In a few instances, Forest Service BMPs have gone through a formal public review process, Forest Service BMPs have been approved by the State and EPA, and the Governor of the State has designated the For-est Service as the water quality management agency for NFS lands within the State. In many States, the Forest Service has entered into an agreement that outlines how the Forest Service will implement that particular State’s Nonpoint Source Man-agement Plan on NFS lands (see table 2).

on basic soil and water quality and productivity. The objectives of monitoring are to secure data sufficient to assist line officers and resource managers in evaluating the effects of management activities on the soil and water resources and to support changes in management activities to protect soil and water quality.

FSM 2532 provides policy and direction specific to water quality management on NFS lands. The objective of water quality management on NFS lands is to protect and, where needed, improve the physical, chemical, biological, and aesthetic quality of the water resource consistent with the pur-poses of the national forests and national water quality goals.

BMPs are to be promoted and applied to all management ac-tivities as the method for control of nonpoint sources of water pollution to achieve established State or national water quality goals. BMPs applied should be based on site-specific condi-tions and political, social, economic, and technical feasibility.

Application of the National BMP Program should constitute compliance with water quality standards. Monitoring meth-ods that reflect nonpoint source conditions should be used to measure effectiveness of those BMPs.

Forest Service Nonpoint Source Strategy

The Forest Service strategy for control of nonpoint source pollution is to apply appropriate BMPs using adaptive man-agement principles. This strategy involves applying approved BMPs, monitoring the implementation and effectiveness of the BMPs, and using the monitoring results to inform and improve management activities. This process is illustrated in figure 1 and outlined in the following list.

1. Approved BMPs are applied to all management activities to control nonpoint sources of water pollution and are used for compliance with established State or national water quality goals.

a. Site-specific BMP prescriptions, consistent with the National Core BMPs, are developed using regional or State BMPs and land management plan direction.

b. BMP prescriptions are properly installed and maintained to minimize impacts of current management activities to protect and maintain water quality.

2. BMP implementation and effectiveness are monitored using National Core BMP monitoring protocols and reporting systems.

a. Field evaluations are used to monitor BMP implementation to determine whether appropriate site-specific BMP prescriptions were planned and implemented as intended.

Forest Service Policy for Water Quality Management

Forest Service Manual (FSM) Direction

Forest Service policy for watershed management is contained in FSM 2500. Watershed management activities on national forests and grasslands are to be implemented in accordance with the general objectives of multiple use and the specific objectives in the land management plan. All management ac-tivities of other resources are to be designed to minimize short-term impacts on the soil and water resources and to maintain or enhance long-term productivity, water quantity, and water quality (FSM 2503).

Forest Service policy for watershed management also includes monitoring to assess the degree to which planning, manage-ment operation, and maintenance of renewable resources meet established goals and standards (FSM 2525). Soil and water resource monitoring is to be designed and implemented to evaluate effects of each forest management activity or program

MAA MOA MOU LOC

AL (1990) AK (1992) AZ (2008) NV (2009) AR (1990)

CA (1981) WA (2000) GA (1991) OR (2002) FL (1990)

MS (1990) ID (2008) SC (1990) MS (1990)

KY (1990) SD (2009) OK (1991)

LA (1993) TN (1997) VA (1990)

MI (2011) TX (1991)

MT (2008) UT (2009)

NC (1992) WV 2010

NM (2011) WY (2011)

LOC – Letter of Certification. MAA – Management Agency Agreement.

MOA – Memorandum of Agreement. MOU – Memorandum of Understanding.

Table 2.—Forest Service water quality agreements with States as of November 2011

8 Volume 1: National Core BMP Technical Guide

b. Field evaluations of appropriate parameters or surrogates are used to monitor BMP effectiveness to determine if the applied practices met the desired objective(s).

c. BMP monitoring data is managed in the established corporate data system and analyzed at national, regional, and forest or grassland levels.

3. BMP monitoring results are used to inform and improve management activities.

a. The results of BMP monitoring and best available science are used, in collaboration with Federal, State, and local agencies and partners as appropriate, to improve administrative procedures and BMP practices and applications.

b. Corrective actions are initiated where implementation monitoring indicates that BMPs have been implemented, but effectiveness monitoring indicates that BMP objectives were not met.

c. Changes in water quality designated uses and standards are recommended as necessary, in coordination with the appropriate agency.

4. Monitoring results and findings are documented and shared with appropriate Federal, State, and local agencies.

Plan to Project: Forest Service BMP Process

The Forest Service BMP Process consists of the following steps to incorporate BMPs into project planning and on-the-ground implementation to ensure water quality is protected.

BMP Selection and Design

Water quality goals and objectives are established in the land management plan (see BMP Plan-1 Forest and Grassland Planning). These goals are specific to each individual national forest or grassland and are intended to meet or exceed appli-cable legal requirements including the CWA and State water quality regulations. A land management plan may also specify BMPs as standards and guidelines to be used to meet those goals and objectives.

Figure 1. Forest Service Nonpoint Source Strategy

STEP 1a

STEP 1b

STEP 2

Yes

No

STEP 3

Select BMP—site-specific BMP prescriptions for water quality protection.

Apply and maintain BMPs during project implementation.

Monitor and evaluate BMP using national BMP monitoring protocols.

Decision Are BMPs implemented appropriately and are they effective?

Refine for Next Application

• �Improve practice and method of application

• �Improve administrative procedures

• �Refine water quality standards

• �Take corrective action or mitigate

• �Adjust mitigation measures

Volume 1: National Core BMP Technical Guide 9

BMP Monitoring and Adjustment

Implementation and effectiveness of applied BMPs are moni-tored to inform and improve future management activities.

BMP implementation monitoring asks the question: “Did we do what we said we were going to do?” BMP effectiveness moni-toring evaluates whether the BMPs were effective in meeting management objectives and protecting designated uses.

Programmatic BMP Monitoring in The Pacific Southwest Region Best Management Practices Evaluation Program

The Forest Service Pacific Southwest Region has a Man-agement Agency Agreement with the State of California requiring the Forest Service to incorporate BMPs into land and resource management activities and to monitor their implementation and effectiveness. Since 1992, the region has been monitoring BMPs using its BMP Evaluation Program. The Forest Service evaluates BMP implementa-tion and effectiveness at randomly selected sites using 29 different monitoring protocols. Every year, the region assigns each national forest system unit a certain number of evaluations to complete. From fiscal year (FY) 2003 to FY 2007, the Forest Service completed 2,861 onsite evalua-tions; an average of 572 per year. The Forest Service rated BMPs as implemented on 86 percent of those evaluations and effective on 89 percent. Overall, 93 percent of the BMPs that were rated as implemented were also judged effective.

This monitoring has shown that BMPs are effective at protecting water quality when they are properly imple-mented. From this monitoring, the Pacific Southwest Region has concluded that the greatest opportunity for improving water quality is to improve implementation of the BMPs, particularly for recreation activities and mining. The region has planned steps to improve BMP implementation and effectiveness including BMP implementation checklists for projects, reviews of national forest staffing levels, and revision of BMPs that have relatively low effectiveness when implemented properly (USDA Forest Service 2009a).

The project planning process starts when a project or resource management activity is proposed. A project may be initiated by the Forest Service to implement some aspect of the land management plan, or may be proposed by an outside party that wants to occupy or use NFS lands for a specific purpose, such as for mining, a commercial recreation development, or a util-ity facility. When a project is initiated, the responsible official, usually the local district ranger or forest supervisor, appoints an interdisciplinary team (IDT) to complete the appropriate environmental analysis as required by the National Environ-mental Policy Act (NEPA) to inform the decision on the project or activity.

In the project planning and environmental analysis process, the IDT selects appropriate or required BMPs to be used to achieve land management plan water quality goals and objectives (see BMP Plan-2 Project Planning and Analysis). BMPs are selected to fit local conditions, resource values, and designated uses of water. Site-specific BMP prescriptions are developed based on the proposed activity, water quality objectives, soils, topogra-phy, geology, vegetation, climate, and other site-specific factors and are designed to avoid, minimize, or mitigate potential ad-verse impacts to soil, water quality, and riparian resources. State BMPs, regional Forest Service guidance, land management plan standards and guidelines, monitoring results, and professional judgment are all used to develop site-specific BMP prescrip-tions. During the planning process, CWA or other State-required permits or certifications are also identified. The site-specific BMP prescriptions and other permit requirements are described and disclosed in the NEPA analysis document or project file.

The responsible official considers the information provided by the IDT and makes a decision on which site-specific BMP prescriptions will be applied to the project.

BMP Application

The site-specific BMP prescriptions are translated into contract provisions, special use authorization requirements, project plan specifications, and other similar documents. This ensures that the operator or person responsible for applying the BMPs is required to do so. Implementation of projects or other manage-ment activities are supervised by Forest Service personnel to ensure the site-specific BMP prescriptions are implemented according to the contract, permit, or plan. During project or activity implementation, site-specific BMP prescriptions are adjusted as needed to better fit current site conditions. As part of project, contract, or permit administration, project or activity inspections are completed as needed to identify BMP deficien-cies or maintenance needs. BMP application is documented in the appropriate project-related documents.

The Forest Service Nonpoint Source Strategy uses “programmat-ic…