Section 0400-40-17-.04 - REQUIREMENTS FOR WET WEATHER CONVEYANCE DETERMINATION REPORTS(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; and5. 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.Tenn. Comp. R. & Regs. 0400-40-17-.04
Original rule filed March 2, 2011; effective May 11, 2011.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.