Section 0400-44-01-.05 - PROJECT DEVELOPMENT PROCEDURESThis regulation outlines in chronological order the entire process of reclamation project development from initial site identification through selection of preferred alternative.
(1) Adversely affected areas are located and identified in the following ways:(a) From The Tennessee Reclamation Plan For Lands and Waters Affected By Past Mining.(b) From problem and site specific information gathered through field investigations conducted under the Abandoned Lands National Inventory (Tennessee).(c) From information supplied by other federal, state and local agencies.(d) From individuals who may be adversely affected by past mining operations.(e) From information supplied by field inspection and technical personnel within the Division of Surface Mining.(2) Upon identification of a possible adversely affected area, an on site visit by Division personnel will be initiated to determine eligibility of a potential project including identification of landowners and problem awareness by local residents.(3) Investigative Report (a) If it is determined at the time of the initial site visit and evaluation that a particular problem area is eligible for further development, an Investigative Report is initiated which contains such background information as project area location; mining history; existing adverse impacts; proposed correction alternatives; and a discussion of the possible impacts of the proposed corrective actions.(b) This Investigative Report should also contain a letter from a Department of Environment and Conservation attorney rendering an opinion as to the eligibility of a particular project for reclamation activities.(c) A complete identification will also be made of principal and adjacent landowners (plat map of project area), including interviews with identified landowners and other adjacent residents in order to solicit overall problem awareness and participation.(4) Upon completion of detailed site evaluations, Potential Project Investigative Reports are submitted to the Office of Surface Mining (O.S.M.), Abandoned Lands Section for further evaluation(5) The purpose of this paragraph is to establish the policies and procedures to be utilized in the ranking and selection of potential reclamation projects which have been identified and evaluated initially on a site by site basis. Those procedures include:(a) Grouping according to the priorities listed in 30 CFR 874.13, once a number of potential projects have been initially identified and evaluated.(b) Project evaluation and scoring within a given priority group using the Project Evaluation Matrix (Ranking and Selection Section of the Tennessee Reclamation Plan for Lands and Waters Affected by Past Mining).(c) Determination of project preference based on the score derived from the Project Evaluation Matrix.(6) A detailed "pre-engineering" design plan will be developed, either in-house by Division Personnel or by contract. This plan will include a collection of technical data on such parameters as soils, hydrology, ground water conditions, flora and fauna, geology, threatened or endangered species, and enough additional information as is reasonably necessary to determine what reclamation alternatives would be feasible to correct the problems related to an individual project.(7) An environmental assessment shall be conducted after a pre-engineering plan has been developed for a project.(a) Each environmental assessment shall include the following information: 2. Purpose of and need for the action,3. Alternatives for solving the problem,4. Description of the affected environment,5. Environmental consequences,6. Extent of consultation and coordination with others.(8) When all phases of project investigation, evaluation and prioritization have been completed, and a preferred alternative has been selected through evaluation and public input, a final decision document will be prepared. This document will identify the preferred alternative and the rationale behind its selection, which will include at a minimum the following:(a) impact discussions from the environmental assessment versus suggested alternatives,(b) all public concerns and the State's response,(d) possible engineering and construction problems,(e) all expected benefits resulting from the selected alternative versus those alternatives not selected,(f) the possible adverse impacts which may be encountered during construction under the selected alternative.Tenn. Comp. R. & Regs. 0400-44-01-.05
Original rule filed April 9, 2013; effective July 8, 2013. Rule renumbered from0400-01-24.Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.