TDEC’s Qualified Hydrologic Professional Certification Program

1. TDEC’s Qualified Hydrologic Professional Certification Program Jimmy R. Smith TDEC Water Resources August 2012

2. 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”

3. 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

4. QHP Rules Promulgated, Presented, and Passed Chapter 0400-40-17 Certification of Qualified Hydrologic Professionals Table of Contents 0400-40-17-.01 Minimum Qualifications 0400-40-17-.02 Application for Certification 0400-40-17-.03 Maintenance and Revocation of Certification 0400-40-17-.04 Requirements for Wet Weather Conveyance Determination Reports

5. 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

6. 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.

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

8. 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

9. REQUIREMENTS FOR WWC DETERMINATION REPORTS BY QHP ASSERTING PRE-SUMPTION OF CORRECTNESS (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.

10. SUBMITTAL 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).

11. SUBMITTAL INFORMATIONRECOMMENDED 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.

12. 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.

13. HDT Training Course

14. 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 Course

15. Registration : First Come Basis $50 non-refundable application fee $600 course fee, pre-paid & non-refundable Course Outline : 3 full days First 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 HDT Training Course

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

17. Important to Note : 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).

18. Maintaining Certification • Certificates are valid for three years from issuance • QHPs must complete a refresher course offered by TDEC every three years • Must apply for renewal of certification at least 90 days before expiration • Must provide evidence of successful completion of refresher course

19. 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

20. On-Line Resources P.C. 464, TDEC Rules, and HD Guidance : Google : “TDEC hydrological determination” QHP application, Training Course Registration : Google : “TNHDT.org”

21. Questions ? Jimmy R. Smith WPC - Nashville EFO 615-687-7122 Jimmy.R.Smith@state.tn.us