A MEMORANDUM

OF AGREEMENT BETWEEN THE TENNESSEE DEPARTMENT

OF AGRICULTURE AND THE TENNESSEE DEPARTMENT

OF ENVIRONMENT AND CONSERVATION Original: July 18, 1995 Revised: January 26, 1999 2014 REVISION This Memorandum

of Agreement

is entered into between the Tennessee Department

of Agriculture-(TDA)
and 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 Source Water 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.

12. TDA’s primary role and function

is advisory, technical and/or financial assistance services associated with the design, installation, and/or maintenance

of BMPs on agricultural

or forest lands. 3. TDEC-DWR’s primary role is administration and enforcement

of the Water Quality Control Act, TCA 69- 3-101 etg. 4. Consultation between TDA and TDEC-DWR can assist in assessing actual and alleged water quality impacts associated with silvicultural and agricultural activities including

a determination

as to whether
or not the respective occurrence

is nonpoint
or point source pollution. 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.

26. Except when necessary

to deal with unusual circumstances

or to address

a continuing impairment problem, TDEC-DWR will not issue

a notice of violation until the time for filing TDA’s written report with TDEC-DWR has passed.

In the instance
of a point source pollution occurrence, TDEC-DWR and TDA will mutually agree upon an acceptable timeframe for remediation and compliance. This does not limit in any manner the duty or responsibility

of TDEC-DWR

to prudently exercise
its regulatory authorities. 7.

If TDA and TDEC-DWR jointly agree that
a point source violation has occurred and that enforcement actions are in fact necessary

to achieve appropriate remediation and compliance, TDA will provide technical assistance and support
to TDEC-DWR. 8. To the extent possible, TDEC-DWR will provide guidelines

to TDA identifying those circumstances and 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 3Aftachment

I TDA— Division of Forestry Contacts Central Office, Ellington Agricultural Center Mike Sherrill- Water Quality Forester 731-988-5309 Mike.Sherrilltn.gov 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 5Attachment

2 TDA— Water Resources Program Contacts Ellington Agricultural Center John McClurkan 615-837-5305 John.McClurkantn.gov Watershed Coordinators 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, Wayne Northern 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.gov East 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 6Attachment3TDEC—DivisionofWaterResourcesContactsEFONameEFOAddressListofCountiesJenniferInnesDivisionofWaterResourcesBledsoe,Bradley,Grundy,StateOfficeBuilding,Suite550ChattanoogaHamilton,McMinn,Marion,540McCallieAveMeigs,Polk,Rhea,SequatchieChattanooga,TN37402(423)634-5745SherryGlassBedford,Coffee,Franklin,Giles,DivisionofWaterResourcesHickman,Lawrence,Lewis,Columbia1421HampshirePikeLincoln,Marshall,Maury,Columbia,TN38401Moore,Perry,Wayne(931)380-3371JohnnyK.WalkerCannon,Clay,DeKalb,DivisionofWaterResourcesFentress,Grundy,Jackson,Cookeville1221SouthWillowAveMacon,Overton,Pickett,Cookeville,TN38506Putnam,Smith,Trousdale,Van(931)432-4015Buren,Warren,WhiteBenton,Carroll,Chester,ConnerFranklinCrockett,Decatur,Dyer,DivisionofWaterResourcesGibson,Hardeman,Hardin,Jackson1625HollywoodDrHaywood,Henderson,Henry,Jackson,TN38305Lake,Lauderdale,McNairy,(731)512-1300Madison,Obion,WeaklyChrisRhodesDivisionofWaterResourcesCarter,Greene,Hancock,JohnsonCity2305SilverdaleRdHawkins,Johnson,Sullivan,JohnsonCity,TN37601Unicoi,Washington(423)854-5400Anderson,Blount,Campbell,MichaelAtchleyClaiborne,Cocke,Cumberland,DivisionofWaterResourcesKnoxville3711MiddlebrookPikeGrainger,Hamblen,Jefferson,Knox,Loudon,Monroe,Knoxville,TN37921Morgan,Roane,Scott,Sevier,(865)594-6035UnionJoellynBrazileDivisionofWaterResourcesMemphis8383WolfLakeDriveFayette,Shelby,TiptonBartlett,TN38133-4119(901)371-3000AnnMorbittCheatham,Davidson,Dickson,DivisionofWaterResourcesHouston,Humphreys,Nashville711R.S.GassBoulevardMontgomery,Robertson,Nashville,TN37216Rutherford,Stewart,Sumner,(615)687-7000Williamson,Wilson7