This Memorandum of Agreement is entered into between the Tennessee Depa

g

(

) 

the Tennessee Department of Environment and Conservation (TDEC) for purposes of establishing a

cooperative, comprehensive, and efficient program of water quality protection associated with silvicultural and

agricultural production activities.

WHEREAS, TDA is the state agency primarily responsible for providing technical and financial assistance

services to landowners and operators to promote responsible management of forest and agricultural resources

through voluntary participation; and

WHEREAS, the TDA Division of Forestry (TDA-D0F) and the TDA Water Resources Program (TDA-WR)

manage programs that provide technical and financial assistance for the installation of best management

practices (BMPs) that abate water quality impacts that may be associated with certain agricultural and

silvicultural practices; and

WHEREAS, TDA is the lead agency for administration and implementation of the federal 319 Nonpoint SourceWater Pollution Management Program, and the Agricultural Resources Conservation Fund per TCA 67-4-

409(L); and

WHEREAS, TDEC Division of Water Resources (TDEC-DWR) is the state agency responsible for the

abatement of existing ground and surface water quality impairments, the reclamation of impaired waters, and

the prevention of future impairments of the waters of the state; and

WHEREAS, TDEC-DWR is empowered to exercise general supervision and control over the quality of all state

waters, to administer and enforce all laws relating to impairments of such waters and to administer and enforce

all laws and regulations consistent with the purposes of TCA 69-3-101 et sea (Water Quality Control Act of

1977); and

WHEREAS, TCA 69-3-120(g) states, “Nothing whatsoever in this part shall be so construed as applying to any

agricultural or forestry activity or the activities necessary to the conduct and operation thereof or to any lands

devoted to the production of any agricultural or forestry products, unless there is a point source discharge from

a discernible, confined and discrete water conveyance;” and

WHEREAS, certain agricultural or silvicultural operations may generate a point source discharge as a result of

circumstances in which the operator refuses or fails to use or improperly applies BMPs and a water quality

impact occurs that significantly threatens public health, safety, welfare, public water supplies; the health of

animals, fish or aquatic life; or recreational, commercial, industrial, agricultural, or other reasonable uses of the

water resources; now

THEREFORE, TDA AND TDEC MUTUALLY AGREE THAT:

1. The cooperative and complementary expertise, resources, and authorities of TDA and TDEC-DWR are

necessary to implement a successful water pollution protection program as may apply to silvicultural

and agricultural production activities.

1
WITH RESPECT TO THE AGRICULTURAL AND SILVICULTURAL ACTIVITIES, TDA AND TDEC

MUTUALLY AGREE TO THE FOLLOWING GUIDELINES:

Upon notice of an alleged water quality impact event associated with silvicultural activities, TDEC-DWR

will apprise the respective TDA-DoF District office of the occurrence (Attachment 1: TDA-DoF

Contacts). Upon notice of an alleged water quality impact event associated with agricultural activities, TDEC-DWR will contact the appropriate field personnel with TDA-WR (Attachment 2: TDA-WR

Contacts). These notifications, however, do not limit in any manner the prerogative of TDEC-DWR to examine the site, to respond to formal complaints in accordance with statutory requirements specified in TCA 69-3-1 18(a), or to initiate enforcement action in response to a violation of the Act. Either TDA or

TDEC-DWR may recommend a joint investigation.

Note: With the concurrence of both TDA and TDEC, contact information provided in the Attachments

may be updated as needed without affecting this MQA.

2. Upon notification from TDEC, TDA will promptly conduct an evaluation of the site including but not limited to the following:

a. Extent and characteristics of apparent water quality impacts including attribution (skid trails, road construction, gullies, manure deposition, livestock waste handling systems, etc.), if identifiable.

b. Extent of applied BMP5, if any.

c. Depending upon the scope and scale of the site, TDA may request on-site consultation with

TDEC-DWR in order to accurately assess water quality impacts including a determination of actual or potential nonpoint and point source discharges, if any.

3. If BMPs have not been utilized or properly applied, TDA will to the extent possible and appropriate provide assistance and recommendations to encourage proper installation of BMPs. Such guidance

may include but is not limited to technical assistance, financial incentives, and information and

education services.

4. If point source pollution is apparent or potential, TDA will discuss the problem with the

landowner/operator and where appropriate advise the landowner/operator of their possible exposure to enforcement provisions of the Water Quality Control Act of 1977, TCA 69-3-101 et see. TDA will not,

however, endeavor to represent or act on behalf of TDEC-DWR in this regard.

5. A site visit report containing findings and the results of consultation with the landowner/operator will be submitted by TDA to TDEC-DWR within fifteen working days of the initial notification of TDA by TDEC DWR. The report will also contain recommendations as may be necessary to address actual or

potential water quality impacts. Reports will be submitted in a mutually acceptable electronic format if

possible.

2
8. To the extent possible, TDEC

DWR will provide gu

y

g 

events associated with agricultural and silvicultural activities which may constitute point source

discharges that contribute pollution.

This Memorandum of Agreement may be modified at any time by agreement of the respective parties and is

effective on the day it is signed by the parties hereto. This Agreement supersedes and cancels all previous

cooperative agreements on this matter.

TENNESSEE DEPARTMENT OF TENNESSEE DEPARTMENT OF

AGRICULTURE: ENVIRONMENT AND CONSERVATION:

Rolêrt Mart eau, Jr., Comnsioner

Dat / Date

3
District Counties Served

East Tennessee Anderson, Blount, Campbell, Carter, Claiborne,

Nathan Waters, interim Cocke, Grainger, Greene, Hamblen, Hancock,

Phone: 865-594-6432 Hawkins, Jefferson, Johnson, Knox, Loudon,

Email: Nathan.Waters©tn.gov Monroe, Morgan, Roane, Scott, Sevier, Sullivan, Unicoi, Union, Washington

Cumberland Plateau Bledsoe, Bradley, Cannon, Clay, Coffee,

Rick Merinar Cumberland, DeKaIb, Fentress, Franklin, Grundy,

Phone: 931-526-9502 Hamilton, Jackson, Macon, Marion, McMinn, Meigs, Overton, Pickett, Polk, Putnam, Rhea, Sequatchie, Email: rickmerinartngov Smith, Trousdale, Van Buren, Warren, White

Highland Rim Bedford, Cheatham, Davidson, Dickson, Giles,

Jeff Piatt Hardin, Hickman, Houston, Humphreys, Lawrence,

Phone: 615-797-3117 Lewis, Lincoln, Marshall, Maury, Montgomery,

Email: jeffrey.piatt@tn.gov Moore, Perry, Robertson, Rutherford, Stewart, Sumner, Wayne, Williamson, Wilson

West Tennessee Benton, Carroll, Chester, Crockett, Decatur, Dyer,

Roy Ward Fayette, Gibson, Hardeman, Haywood, Henderson,

Phone: 731-968-6676 Henry, Lake, Lauderdale, Madison, McNairy, Obion,

Email: roy.ward@tn.gov Shelby, Tipton, Weakley

5
Western Tennessee Area 1 Counties Served

Doug Taylor Crockett, Dyer, Fayette, Gibson, Hardeman,

Phone: 731-225-6533 Haywood, Lake, Lauderdale, Madison, Obion,

Email: Doug. M.Taylor@tn .gov Shelby, Tipton, Weakley

Western TN River Valley Area 2 Counties Served

Russell Barnes Benton, Carroll, Chester, Decatur, Hardin,

Phone: 731-441-7364 Henderson, Henry, Hickman, Lawrence,

Email: Russell. Barnes@tn.gov Lewis, McNairy, Perry, WayneNorthern Middle Tennessee Area 3 Counties Served

Wayne Pressler Cheatham, Davidson, Dickson, Houston,

Phone: 615-210-1857 Humphreys, Montgomery, Robertson, Email: Wayne.Pressier@tn.gov Rutherford, Stewart, Sumner, Williamson,

Wilson

Southern Middle Tennessee Area 4 Counties Served

Clark Hollis Bedford, Cannon, Coffee, Franklin, Giles,

Phone: 931-239-8657 Lincoln, Marshall, Maury, Moore, Van Buren, Email: Clark. Hollis@tn.gov Warren

Upper Cumberland Area 5 Counties Served

Mark Hudson Clay, Cumberland, DekaIb, Fentress,

Phone: 615-888-7744 Jackson, Macon, Overton, Pickett, Putnam,

Email: Mark.S.Hudsontn.gov Scott, Smith, Trousdale, White

Southeast Tennessee Area 6 Counties Served

Tammy Hutchinson Bledsoe, Bradley, Grundy, Hamilton, Marion,

Phone: 423-240-1123 Meigs, McMinn, Polk, Rhea, Sequatchie Email: Tammy.Hutchinson@tn.govEast Tennessee Area 7 Counties Served

Sam Lemmons Anderson, Blount, Campbell, Claiborne,

Phone: 865-207-2913 Grainger, Jefferson, Knox, Loudon, Monroe,

Email: Sam.Lemmonstn.gov Morgan, Roane, Sevier, Union

Upper East Tennessee Area 8 Counties Served

Steve Henegar Carter, Cocke, Greene, Hamblen, Hancock,

Phone: 423-341-0071 Hawkins, Johnson, Sullivan, Unicoi,

Email: Steve.Henegartn.gov Washington

6
Sherry Glass Bedford, Coffee, Franklin, Giles, Division of Water Resources Hickman, Lawrence, Lewis, Columbia 1421 Hampshire Pike Lincoln, Marshall, Maury, Columbia, TN 38401 Moore, Perry, Wayne (931) 380-3371

Johnny K. Walker Cannon, Clay, DeKalb,

Division of Water Resources Fentress, Grundy, Jackson,

Cookeville 1221 South Willow Ave Macon, Overton, Pickett,

Cookeville, TN 38506 Putnam, Smith, Trousdale, Van

(931) 432-4015 Buren, Warren, White

Benton, Carroll, Chester, Conner Franklin Crockett, Decatur, Dyer, Division of Water Resources Gibson, Hardeman, Hardin, Jackson 1625 Hollywood Dr Haywood, Henderson, Henry, Jackson, TN 38305 Lake, Lauderdale, McNairy, (731) 512-1300 Madison, Obion, Weakly

Chris Rhodes

Division of Water Resources Carter, Greene, Hancock,

Johnson City 2305 Silverdale Rd Hawkins, Johnson, Sullivan,

Johnson City, TN 37601 Unicoi, Washington

(423) 854-5400

Anderson, Blount, Campbell, Michael Atchley Claiborne, Cocke, Cumberland, Division of Water Resources

Knoxville 371 1 Middlebrook Pike Grainger, Hamblen, Jefferson, Knox, Loudon, Monroe, Knoxville, TN 37921 Morgan, Roane, Scott, Sevier, (865) 594-6035 Union

Joellyn Brazile

Division of Water Resources

Memphis 8383 Wolf Lake Drive Fayette, Shelby, Tipton

Bartlett, TN 38133-4119(901) 371-3000

Ann Morbitt Cheatham, Davidson, Dickson,

Division of Water Resources Houston, Humphreys,

Nashville 71 1 R.S. Gass Boulevard Montgomery, Robertson,

Nashville, TN 37216 Rutherford, Stewart, Sumner,

(615) 687-7000 Williamson, Wilson

7