Section 0400-52-09-.05 - SURFACE RECLAMATION(1) Reclamation of well sites, oil or gas pipeline right-of-way, storage facility sites, and access roads.(a) Except for active work areas, the operator shall drain and fill all surface pits that are not needed for production purposes, and shall grade and stabilize the well location and location road within 30 days of the initial disturbance, in order to minimize surface runoff and prevent excessive erosion and sedimentation. All drilling supplies and equipment, synthetic liners, trash, discarded materials and other refuse not contained and covered in the reclaimed pits shall be removed from the site. Temporary vegetative cover shall then be established on all graded areas.(b) Within 90 days of the plugging and abandonment of any well, the operator shall remove all production and storage structure, supplies and equipment, any oil, salt water and debris, fill any remaining excavations, and grade any remaining disturbed areas, including access roads. Permanent vegetative cover shall then be established on all disturbed areas, excluding approved permanent, non-erosive facilities, and access roads which are to be turned over to the landowner. Any access roads necessary for the operator to gain access to the well site in order to determine the adequacy of the vegetative cover or to perform additional re-vegetation may continue to be used by the operator until all of the Board's reclamation requirements have been met.(c) Upon written request to the Supervisor showing good cause, an extension of up to 90 days additional may be granted to an operator to complete grading and/or vegetation of a well site or access roads.(2) Re-vegetation - General Requirements.(a) The operator shall establish, in accordance with paragraph (1) of this rule, on all surface disturbed areas except water areas and surface areas of access roads approved by the Supervisor as permanent roads, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is as follows: 1. Diverse, effective, and permanent;2. Comprised of species approved by the Supervisor that shall not impede natural vegetative cover; and3. Capable of long term stabilization of the soil surface from erosion.(b) The reclamation plant species shall have the following:1. The same seasonal characteristics of growth as the original vegetation;2. Be capable of self-regeneration;3. Be compatible with existing plant and animal species existing in the areas; and4. Meet the requirements of applicable State and Federal seed, poisonous and noxious plant, and introduced species laws and/or regulations. .(c) Establishment of permanent vegetative cover shall conform with the standards set forth in the most recent version of the Tennessee Erosion and Sediment Control Handbook.(d) The Supervisor may grant exceptions to the requirements of parts (b)1 and 2 of this paragraph when the species are necessary to establish a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved reclamation plan.(3) Re-vegetation - Topsoiling, Mulching and Soil Amendments. (a) Prior to the establishment of a permanent vegetative cover on disturbed areas where excavation activities have occurred, the operator shall replace the excavated topsoil or provide an approved topsoil substitute material suitable for supporting the long range re-vegetation goals.(b) Suitable mulch and/or other soil stabilizing practice shall be used on all areas that have been regraded and covered by topsoil or topsoil substitutes unless the Supervisor waives this requirement based on a determination that seasonal, soil, or slope factors result in a condition whereby mulch or other stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetation cover.(c) Nutrients and soil amendments shall be applied to the redistributed growth medium prior to re-vegetation when necessary to establish and maintain the vegetative cover.(4) Diverse Vegetation Cover - Standards for Success.(a) All previously disturbed and reclaimed areas shall be inspected by the Supervisor or his representative prior to final reclamation bond release in order to determine the level of success of permanent re-vegetation.(b) Re-vegetation success shall not be determined until after at least two successfully completed spring or summer growing seasons have occurred.(c) Standards for success shall be based on a ground cover of at least 90% consisting of herbaceous and/or woody species with a minimum of 80% being of perennial varieties.Tenn. Comp. R. & Regs. 0400-52-09-.05
Original rule filed March 20, 2013; effective June 18, 2013.Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.