(1) A report regarding a wet weather
conveyance determination submitted to the department by a person certified as a
Qualified Hydrologic Professional (QHP) seeking to qualify for the treatment
provided in §
69-3-108(r) shall
so state in bold print on the first page of the document and shall be sent to
the appropriate field office of the department accompanied by the following
documentation.
(a) A written and an electronic
copy of the report. The report should include the name, address, and phone
number of the current property owner(s), and the person or applicant who
proposes to alter the watercourse (if different from the owner), and the name,
affiliation, and certification identification number of the QHP submitting the
report.
(b) A statement, signed by
the certified QHP attesting that all submitted information is true, accurate
and complete.
(c) An explanation of
the purpose and context of the hydrologic determination report, including any
proposed alterations to wet weather conveyances, streams, wetlands, or other
aquatic resources.
(d) The
identification of the starting and ending points along a watercourse of the
areas determined to be a wet weather conveyance; such areas may not be larger
than what is currently proposed to be altered by the proponent of
project.
(e) A vicinity map,
including the property boundaries or hydrologic determination review area (if
different then property boundary). A color copy of the United States Geological
Survey topographical map with an overlay of the property (development) boundary
is preferred. On linear projects, start and terminus points are required. The
map should clearly indicate the specific locations of all hydrologic features
that are subjects of the provisions of §
69-3-108(r)
identified in the report. Specific latitude/longitude coordinates must either
be included on the map or in the body of the hydrologic determination
report.
(f) Color photographs of
each of the hydrologic features to potentially be altered or otherwise
identified in the report; including the date each photograph was taken,
latitude and longitude, in decimal degrees of each photograph location and
indicate the location and direction of each photographic view on the site map
or plan. These photographs must be representative over the overall reach of
water feature evaluated. At a minimum, include a photograph of the area to
potentially be altered, immediately up channel of the area to potentially be
altered, and immediately down channel.
(g) TDEC Hydrologic Determination Field Data
Sheets, completed in conformance with the current TDEC-WPC Guidance for Making
Hydrologic Determinations and Streams. At least one data sheet must be
submitted for each watercourse to potentially be altered or
identified.
(h) Any previous
assessments of hydrologic features on site known to the submitter.
(i) Any other information used in making the
hydrologic determinations included in the report. Examples include
NRCS Soil Maps, local geological data, recent and seasonal precipitation gauge
records, benthic surveys, etc.
(j)
Recommended, but not required information includes:
1. Site development (concept) plans and
project name (separate sheet(s), if available);
2. Close-contour survey maps;
3. An aerial photo with an overlay of the
property boundary;
4. Municipal
jurisdiction of the project site; and
5. Location, dimensions, and type of
sewage/septic system proposed if applicable.
(2) When a person desiring to alter a
specific water of the state requests a determination from the commissioner that
the watercourse is a wet weather conveyance and submits a report from a
certified QHP conducted in accordance with all requirements of the rules and
guidance adopted pursuant to §
69-3-105(m) and
§
69-3-107(25), and
containing all of the information required by paragraph (1) of this rule, then
the determination made in the report shall be presumed to be correct, unless
the department notifies such person in writing, or by electronic mail, within
thirty (30) days of the submittal of the report, that the department has
affirmatively determined that there is a significant question about whether the
water of the state in question is a stream or wet weather conveyance and states
the reason(s) for that determination.
(3) If the department has made such a
determination that there is a significant question regarding such a submittal,
then the department shall, within thirty (30) days following the date of such
notification, determine whether the water of the state in question is a stream
or wet weather conveyance, and notify such person in writing, or by electronic
mail, of that decision and the reasons for that determination.
(4) If the department rejects the hydrologic
determination submitted by a certified QHP on behalf of a person desiring to
alter a specific water of the state who has requested a determination from the
commissioner that the watercourse is a wet weather conveyance, that person may
appeal the department's determination that the specific water is a stream by
filing a petition for appeal with the board within thirty (30) days of
receiving the department's rejection.
