Tenn. Comp. R. & Regs. 0400-42-08-.03

Current through October 22, 2024

Section 0400-42-08-.03 - OPERATION, BACKFILLING AND GRADING

(1) Mining and Regrading Requirements.

Initial stripping operations and mining shall be conducted so as to facilitate backfilling and grading to approximately the original or rolling topography and elimination of all highwalls, spoil piles and water-collecting depressions.

(2) Water Control.

Operators will conduct their operations so as to minimize adverse effects to streams. There shall be no mining in stream beds and under no circumstance, whatever will access roads be constructed so as to interfere with streams. Stream crossings shall include culverts or other structures adequate to accommodate peak water flow, and such structures shall be removed at the conclusion of reclamation unless special circumstances preclude such action. Where there is potential for undue siltation, the operator shall construct either log or rock silt traps designed to reduce water velocity and permit the settlement of excess suspended matter.

(3) Reclamation Timing

(a) Reclamation shall proceed concurrently with mining. The reclamation grading shall be concluded within three (3) months after completion of the removal of the mineral from any given acre, as required by T.C.A. § 59-8-208(c). However, the Division recognizes the necessity for maintaining acceptable quality of material for furnace feed so the operator may temporarily abandon a pit, leaving no more than two (2) acres of stripped mineral and unreclaimed surface. The unreclaimed surface must be "dressed" and the shaped areas shall be sown to retard erosion and to hasten returning the adjacent surfaces to useful production.

(b) With the characteristic limestone "cutters" in the phosphate field, where frequently there is a dearth of fill material, operators will not be required to haul fill material in to accomplish grading to the "original contour". In these circumstances, first priority in use of available material will be the filling of the cavities and pits which might be hazardous with the remaining mine-scarred areas to be graded to the best advantage.

(4) Regrading Where Bench is Produced.

Where rim or collar deposits produce a bench, operators may regrade the area so that a rolling terrace is produced, but the highwall must be reduced to a stable slope no steeper than 35 degrees. The terrace shall be smoothly graded with all available fill material.

(5) Water Impoundments.

The operator may elect to impound water to provide lakes or ponds for wildlife, recreation or water supply purposes, provided such impoundments will not create conditions that will contribute to soil erosion, or stream pollution or jeopardize the health, safety or property of adjacent landowners. Impoundments must be included in the mine and reclamation plan and details concerning the size and location and the construction plans of dams, embankments and spillway must be included. The proposed impoundment must meet safety requirements of appropriate State agencies and must be approved by the Department if the surface area exceeds one acre.

Tenn. Comp. R. & Regs. 0400-42-08-.03

Original rule filed August 2, 2012; effective October 31, 2012. Rule renumbered from 0400-03-08.

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.