Section 0400-40-18-.02 - APPLICATION OR NOTICE OF INTENT FOR ROCK HARVESTING(1) Operators shall submit a Notice of Intent for Rock Harvesting to obtain coverage under the applicable general permit unless the Division informs an operator that an individual NPDES permit is required. The reasons for requiring an individual permit include the following: (a) There will be a discharge of any water which, during manufacturing or processing, comes into direct contact with, or results from, the production of any raw material, intermediate product, finished product, byproduct, or waste product process associated with stone processing operation(s), which includes crushing, sawing, screening, and/or uncovered breaking on the site;(b) There will be any other non-storm water discharges from the site, including but not limited to mine dewatering and domestic sewage;(c) There will be a discharge from the rock harvesting site to Exceptional Tennessee Waters that would cause degradation of any applicable available parameter above the level of de minimis as defined by paragraph (4) of Rule 0400-40-03-.04;(d) There will be a discharge from the rock harvesting site to waters with unavailable parameters that may cause measurable degradation of the parameter that is unavailable, unless the Division determines the estimated pollutant loading is consistent with an EPA-approved total maximum daily load; and(e) The Division determines that an individual permit is required to adequately protect water quality in the receiving stream(s).(2) An original and two copies of all individual NPDES application forms or the notice of intent and supporting materials for the application forms or notice of intent, including the information required by this rule, shall be submitted.(3) Written proof of general liability insurance coverage shall be submitted by the operator along with the permit application or notice of intent.(a) Liability coverage shall be in an amount no less than one million dollars ($1,000,000).(b) Insurance coverage shall remain in effect for the life of the rock harvesting operation.(c) The policy shall provide that the insurer will notify the department at least thirty (30) days prior to the effectiveness of any cancellation of coverage by the insurer.(d) The operator shall notify the department of any change in insurance coverage during the life of the rock harvesting operation and provide a copy of any new policy issued after the initial policy no later than one week after the new policy becomes effective.(4) Written proof of Workers' Compensation insurance coverage, if applicable, shall be submitted by the operator along with the permit application or notice of intent.(5) Written proof of registration with the Tennessee Department of Revenue for all operators and any subcontractors shall be submitted with the permit application or notice of intent.(6) Evidence of the operator's legal right to harvest minerals on the land covered by the permit application or notice of intent, in the form of a properly executed deed, lease, or other appropriate document, shall be submitted with the permit application or notice of intent.(7) If the surface and mineral rights of any portion of the land covered by the permit application or notice of intent have been severed, the operator shall:(a) Notify the surface owner, by certified mail, return receipt required, of the intent to begin rock harvesting operations, at least thirty (30) days prior to beginning such operations including a copy of the permit or notice of coverage from the department;(b) Prior to beginning rock harvesting operations, forward copies of all records relating to the notification required by subparagraph (a) of this paragraph to the department; and(c) Bear all costs pertaining to the notification and transmission of documents required by subparagraphs (a) and (b) of this paragraph.(8) A general location map taken from a USGS 7 1/2 minute quadrangle map that shows the location of the mining area(s) and haul road(s) and which includes the name of the operation and the name and number of the quadrangle shall be submitted with the application or notice of intent.(9) A site/operations map at a scale of 1"=500', or larger as needed to provide sufficient detail and avoid a cluttered look, shall be submitted with the application or notice of intent. The site/operations map shall include, at a minimum: (a) A title block which contains: 1. The name of the operator;2. The name of the owner of the surface rights and the name of the owner of the mineral rights;3. The county(ies) in which the operation is located;4. The total number of acres to be disturbed by mining operations and haul roads; and,5. The date the map was prepared along with a certification of its accuracy by the preparer.(b) The body of the site/operations map shall show:1. The proposed permit boundary, including haul roads, marked in red;2. The location and type of all water treatment structures, including Best Management Practices;3. The location and name(s) of all stream(s) receiving drainage from the operation;4. The location and names of all property owners within 500 feet of the permit boundary;5. The location of any onsite structures (i.e. buildings, scales, processing equipment, stockpiles, storage areas, etc.);6. The location of significant features such as cemeteries, public roads, railroad tracks, oil and gas wells, surface mines, underground mines, transmission lines, pipelines or utility lines within 500 feet of the permit boundary;7. The location of initial cuts or excavation and the subsequent cut sequence and direction of mining; and8. The location(s) where topsoil and/or other materials suitable for revegetation will be stockpiled.(10) A reclamation plan shall be submitted with the application or notice of intent. The plan shall include, at a minimum:(a) A description of the manner in which topsoil, and/or other material(s) suitable for revegetation, will be segregated;(b) A description of backfilling and grading operations to be carried out concurrently with mining excavation that addresses whether there will be sufficient overburden to return the land to its original conformation after mining; and if the land will not be returned to its original conformation, a reclamation plan map shall be submitted that depicts:1. The altered land conformation and drainage patterns that will exist after mining;2. The location of any permanent impoundment(s) proposed to remain when mining is complete; and3. The location of any roads to remain after mining, including information regarding the surfacing and drainage controls used to maintain road stability; and(c) A revegetation plan which specifies: 1. The types and amounts of seed, fertilizer, lime and mulch that will be applied per acre, following the recommendations of the Tennessee Erosion and Sediment Control Handbook;2. The type(s) and spacing of trees to be planted; and3. If the surface and mineral rights on any portion of the land covered by the permit application or notice of intent have been severed, a notarized letter confirming the concurrence of the surface owner as to the size and location of any impoundment(s) or roads to remain after mining and whether or not trees are to be planted must be submitted.Tenn. Comp. R. & Regs. 0400-40-18-.02
Original rule filed February 15, 2013; effective May 16, 2013. Amendments filed October 3, 2016; effective 1/1/2017.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.