Tenn. Comp. R. & Regs. 0400-42-09-.03

Current through October 22, 2024

Section 0400-42-09-.03 - OPERATION, BACKFILLING AND GRADING

(1) Site Preparation and Mining

(a) Prior to opening a site heretofore undisturbed by mining, all possible preparation measures shall be taken so as to minimize the acreage disturbed and to facilitate reclamation at the conclusion of mining.

(b) Mining and handling of spoil shall be planned in advance and conducted so as to minimize offsite effects during mining and to achieve quick and permanent reclamation on each part of the site as soon as mining on that part is concluded.

(2) Regrading.

At the conclusion of mining, the surfaces shall be graded to approximately the original contour, unless quantities of the mineral produced have altered significantly the contour of the disturbed areas. In such situations, the site shall be regraded to rolling topography which will blend in naturally with the surrounding terrain. No water collecting depressions shall be left unless approved impoundments are to be constructed.

(3) 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 soft 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 spillways 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.

(4) Water Control.

Because pits generally are small and are active intermittently as there is a demand for the product, the operator shall incorporate into the mining program appropriate measures to control erosion and offsite damage from silt by construction of log or rock silt traps. Other measures shall be required as appropriate to abate the problems associated with temporarily inactive sites.

(5) Alternate Reclamation.

The Division is aware of circumstances which might cause termination of mining with substantial quantities of the mineral remaining for probable future production, so the operator is encouraged to reclaim mined areas at the site which are not necessarily due to his operations. Such alternate reclamation must have the approval of the Commissioner in advance and must be where all the mineral has been exhausted with the likelihood of disturbance by future mining extremely remote.

(6) Dredging and other Special Circumstances.

In special circumstances such as those where an operation is conducted in an approved stream bed or impoundment and the product removal medium is pumping or any modification of dredging, special provisions must be justified. The final site use might be a water impoundment for recreational use, or the stream bed might be improved by mining through channel clearing. The operator must provide a logical plan approved by a local or area planning agency.

Tenn. Comp. R. & Regs. 0400-42-09-.03

Original rule filed August 2, 2012; effective October 31, 2012. Rule renumbered from 0400-03-09.

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