Section 0400-44-01-.14 - PUBLIC PARTICIPATIONPublic participation, including input from individual citizens and landowners, professional and social organizations, civic groups, local officials, and other state and federal agencies shall be included in each phase of project development.
(1) Public input shall play an important role in the identification of specific problem areas.(2) During the initial site evaluation phase, sufficient public input will be gathered to determine the public awareness of the problem and to answer the following questions: (a) Does an extreme danger to the public exist?(b) Are there adverse effects on the public?(c) Are there impacts to public or private property?(3) During the intensive site evaluation phase, more detailed input shall be solicited from landowners and local residents along with evidence of project support by the community.(4) Public input acquired during the intensive site evaluation phase will be utilized in the project ranking and selection process referred to in Rule 0400-44-01-.05.(5) The environmental assessment will incorporate public input into the development of the various reclamation alternatives.(6) In depth public input will be solicited in the selection of the preferred reclamation alternative. This shall be accomplished by; (a) placing a public notice in the newspaper of greatest general circulation in the proposed project area,(b) conducting a public meeting should a particular proposed project exhibit extensive adverse impacts to a large number of people or a community; or if the project presents conflicts (post reclamation land use, ongoing programs, etc.); or high costs.(7) In the event a particular project is larger and more complex than most, with high public interest, the Commissioner may determine it necessary to extend public participation through project engineering design and construction.(8) Land acquired and authorized for disposition may be sold by public sale under a system of competitive bidding. Disposition shall necessitate;(a) placing a public notice in the newspaper of greatest general circulation in the area where the land is located,(b) conducting a public hearing if requested as a result of a public notice or if determined that hearing is appropriate even though a request has not been received.(9) Public participation will also be included in determining post-reclamation benefits and in developing a maintenance plan when necessary.Tenn. Comp. R. & Regs. 0400-44-01-.14
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.