TDEC’s Qualified Hydrologic Professional

Certification Program

Jimmy R. SmithTDEC Water Resources

August 2012

Main Provisions of Public Chapter 464.

• Codified & changed definition of “Wet Weather Conveyance” (WWC)

• Codified into law what regulatory restrictions may be placed on WWCs

• Required TDEC to promulgate Rules and develop new SOP Guidance document outlining specific protocols for performing Stream Determinations

• Established & defined “Qualified Hydrological Professionals”

Public Chapter 464

Defines minimum requirements for “qualified hydrologic professional” (QHP)

Requires TDEC to develop rules within 90 days for implementing a training program for TDEC staff and a certification program for those who wish to become certified as a QHP

Establishes a presumption of correctness when a qualified hydrologic professional submits a hydrologic determination to the department, under the auspices of Rule 0400-40-17-.04

QHP Rules Promulgated, Presented, and Passed

Chapter 0400-40-17Certification of Qualified Hydrologic Professionals

Table of Contents

0400-40-17-.01 Minimum Qualifications0400-40-17-.02 Application for Certification0400-40-17-.03 Maintenance and Revocation of Certification0400-40-17-.04 Requirements for Wet Weather Conveyance

Determination Reports

QUALIFIED HYDROLOGIC PROFESSIONAL

Persons seeking to be certified by TDEC as a QHP must :

1) Hold, at a minimum, a bachelor’s degree in biology, geology, ecology, engineering, or related sciences.

2) Have a minimum of five years relevant experience.

3) Successfully complete the Tennessee Hydrologic Determination Training Course

Qualifying Relevant Experience

Qualifying relevant experience is :

Professional employment that includes regular, periodic fieldwork in biologic or

hydrologic assessments of streams and wet weather conveyances. Every year of

qualifying experience shall include at a minimum one wet weather conveyance

determination.

Rule 0400-40-17-.02 Application for Certification

(1) You can take the HDT Course without seeking QHP certification, or prior to having the met the other requirements (education, experience), and later use the results from the HDT course to obtain certification.

(2) Persons seeking certification as a QHP shall submit all information showing their qualifications, including the details of their educational degrees and professional experience including documentation or description of at least five hydrologic determinations.

(3) In determining years of experience, the work done to meet any requirement for a bachelors level degree program does not qualify toward the five years of professional experience required for certification. However, relevant work experience obtained on summer employment, work study, or other employment that is not a degree requirement does qualify for such purposes.

PRESUMPTION OF CORRECTNESS

May be asserted by a certified QHP on behalf of a person who proposes to alter a watercourse

Hydrologic determination submittal must include all of the required documentation, per Rule 0400-40-17-.04

Department has 30 days after receipt of complete submittal to notify the person (not the QHP) in writing or by e-mail that there is a significant question about the determination

Department has an additional 30 days following the notification to conduct their own determination and notify the person of findings

The person may appeal the department’s determination to the Water Quality Control Board within 30 days of final notification

REQUIREMENTS FOR WWC DETERMINATION REQUIREMENTS FOR WWC DETERMINATION REPORTS BY QHP ASSERTING PRE-REPORTS BY QHP ASSERTING PRE-

SUMPTION OF CORRECTNESS SUMPTION OF CORRECTNESS (from 0400-40-17)(from 0400-40-17)

Must state in bold print on first page of document that submittal is to qualify for treatment provided for in §69-3-108(r).

A written and electronic copy of the report must be submitted to appropriate Environmental Field Office.

Include name, address, and phone number of current property owner(s) and the person who proposes to alter watercourse.

Name, affiliation, and certification identification number of the QHP submitting the report.

A statement, signed by the certified QHP, attesting that all submitted information is true, accurate, and complete.

An explanation of the purpose and context of the HD report, including any proposed alterations to WWCs, streams, wetlands, or other aquatic resources.

SUBMITTAL REQUIREMENTS CONTINUEDSUBMITTAL REQUIREMENTS CONTINUED

Identification of starting and ending points along a watercourse of the areas determined to be WWC.

Vicinity map with property boundaries or review area (color copy of USGS topo map with overlain boundaries preferred). Map must clearly indicate location of all features subject to §69-3-108(r).

Latitude/longitude of each hydrologic feature must be indicated on map or in report.

Color photographs of each hydrologic feature identified in report including date of each photo, lat/long (decimal) and direction of each, with locations marked on map or plans. Include reach to be altered, up-channel, and down-channel for each.

Completed Hydrologic Determination Field Data Sheet using current Guidance. At least one sheet for each watercourse to potentially be altered.

Any previous assessments for site known to submitter. Any other information used in making the determination(s).

SUBMITTAL INFORMATIONSUBMITTAL INFORMATIONRECOMMENDED BUT NOT REQUIREDRECOMMENDED BUT NOT REQUIRED

Site development plans and project name; Close-contour survey maps; An aerial photo with an overlay of property

boundary; Municipal jurisdiction of the project site; and Location, dimensions, and type of sewage/septic

system proposed if applicable.

Program Implementation :TDEC + UT Water Resources Center

TDEC, working with the University of Tennessee, developed the QHP certification program, to be administered by UT.UT also partnered in the development of the Tennessee Hydrologic Determination Training (HDT) Course.First 3-day “pilot” course was held in December 2010, training TDEC staff. A second pilot class was held March 2011, for remaining TDEC staff, and some TDOT personnel.Administered by UT, the HDT Course was opened to the general public in June 2011. A total of 7 HDT Courses have been held to date, across all 3 TN divisions.HDT Courses will continue in 2013, along with pilot refresher course for TDEC staff.

HDT Training Course

HDT Training Course

OBJECTIVES AND GOALS: 

The Hydrologic Determination Training (HDT) course has been designed to provide a basic understanding of the underlying scientific principles, the legal jurisdictional ramifications and the practical investigative techniques surrounding the delineation of hydrologic features in Tennessee. Those attending the course will become familiar with:

• Rules and regulations governing the “hydrologic determinations” of streams vs. wet weather conveyance in Tennessee.• How to use the TDEC Hydrologic Determinations (HD) Guidance document and field data sheet for conducting HDs.• Primary and secondary indicators used to identify streams vs. wet weather conveyances.• Basic concepts of stream geomorphology and stream ecology.• Process and materials required for submitting a HD to TDEC Division of Water Pollution Control

HDT Training CourseRegistration :   First Come Basis

$50 non-refundable application fee$600 course fee, pre-paid & non-refundable

Course Outline : 3 full daysFirst Day =  TDEC Rules & Regulations

   Hydrology & Geomorphology (Dr. John Schwartz – UTK)   Ecology & Biology (Dr. Brad Cook – TTU)   Field Sites – intro to TDEC HD SOP

Second Day =  TDEC HD Guidance Doc & Field Data Sheet Instruction         Field Sites – Natural Channels & Urbanized / Altered Systems         Practice Field Exam

Third Day =  Review of practice field exam     Normal Weather Conditions     QHP Submittal Process     Written Exam  (80 points)     Field Exam  (30 points) Passing Score = 80% total

 

So Far ….A total of ~175 folks have attended HDT Course. 88 Currently certified as QHPs.

You do not have to be certified as a QHP to conduct hydrologic determinations and submit information to the

department.

You do not have not be trying to achieve certification as a QHP, nor have the education or relevant experience

requirements to take the TDEC training course.

As a QHP, if you are not asserting the “presumption of correctness”, you are not required to submit all of the

information required in 0400-40-17-.04 (Requirements for Wet Weather Conveyance Determination Reports).

Important to Note :

Maintaining Certification

Certificates are valid for three years from issuanceQHPs must complete a refresher course offered by TDEC every three yearsMust apply for renewal of certification at least 90 days before expirationMust provide evidence of successful completion of refresher course

Decertification: TDEC may revoke certification for cause

• Failure to timely and successfully complete any required refresher courses

• Submission of materially false information

• Repeated submission of reports in support of HDs that contain significant failures to exercise the skills of a

certified QHP

• Revocation may be appealed to the Water Quality Control Board within 30 days of receipt of revocation

• Decertified person may not re-apply to take the class for one year after revocation

On-Line Resources

P.C. 464, TDEC Rules, and HD Guidance :

Google : “TDEC hydrological determination”

QHP application, Training Course Registration :

Google : “TNHDT.org”

Jimmy R. SmithWPC - Nashville EFO

615-687-7122Jimmy.R.Smith@state.tn.us

Questions ?