Tenn. Comp. R. & Regs. 0400-42-11-.03

Current through October 22, 2024

Section 0400-42-11-.03 - OPERATION, BACKFILLING AND GRADING

(1) Mining and Reclamation Plan.

When a new pit is proposed and it is expected that operations will be active for a period of several years, the operator's mine and reclamation plan shall be submitted to the appropriate area planning agency for comment and suggestions, all aimed at production of the mineral with low-level environmental impact and efficient land use.

(2) Mining Requirements

(a) Planning and 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.

(b) The adverse effects of mining must be controlled through the deposit of waste within mined-out areas of an active pit rather than through deposit of the spoil offsite. Operators shall determine which areas within a pit have future marketable mineral deposits and shall designate the other areas in the pit where the product is exhausted for deposit of spoil.

(c) Because existing Brick, Clay and Shale pits frequently are active for many years, reclamation concurrent with mining is not feasible. Therefore, operators must exercise care to control adverse environmental effects of operations.

(d) Since the majority of active Clay and Shale operations are near or within urban areas, good housekeeping is essential for improving the image of mining and reducing adverse public reaction.

(3) 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.

(4) Regrading Requirements.

At the conclusion of mining the surface shall be graded to approximately the original contour, with the available material, unless the quantities of mineral produced have significantly altered the contour of the disturbed area. 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 contained in the approved mining and reclamation plan are to be constructed.

(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 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.

Tenn. Comp. R. & Regs. 0400-42-11-.03

Original rule filed August 2, 2012; effective October 31, 2012. Rule renumbered from 0400-03-11.

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