"Haulageway or access road" shall mean any road constructed, improved or
used by the operator (except public roads) which ends at the pit or bench and
which is located within the permitted area. A bench may serve as a haulageway,
but a haulageway cannot serve as a bench.
(a) The location of the proposed haulageway
shall be identified on the site by visible markings at the time the reclamation
and mining plan is pre-inspected and prior to commencement of
(b) No road shall be
constructed in a stream or drainage channel proper or so close to its bank that
material will spill into the channel during construction, use, or
Maximum Grades -- New access roads shall
be located and constructed so that:
sustained grade shall exceed 10%.
2. The maximum grade shall not exceed 15% for
3. There shall not be
more than 300 feet of maximum grade for each 1,000 feet of road
4. The surface shall
be insloped toward the ditch line at the minimum rate of ½ inch per foot
of surface width.
5. The grade on
switchback curves must be reduced to less than the approach grade and shall not
be greater than 10%.
6. The grade
on temporary roads on or between benches, which will be destroyed within three
(3) months by the mining or reclamation process shall not exceed 20%.
(b) Cut Slopes -- Cut slopes shall
not be more than 45 degrees, or 1.0 horizontal to 1.0 vertical, except in
Stream or Drainage Crossings
Drainage structures shall be required in order to cross a stream or
drainage channel. They shall be such so as not to affect the normal flow of the
stream. Consideration will be given to the time of year the stream is crossed
and the length of time the stream channel is used, but in no event, and under
no condition, will the normal flow of the stream be affected or the sediment
load of the stream be significantly increased during construction and/or
ditch shall be provided on both sides of a through-cut and on the inside
shoulder of a cut-fill section, with ditch relief cross-drains being spaced
according to grade. Water shall be intercepted before reaching a switchback or
large fill and led off. Water on a fill or switchback shall be released below,
not over, the fill.
Ditch relief culverts shall be installed as needed to insure
adequate drainage as determined by the Commissioner.
The suggested spacing of culverts is as
|Road Grade in
||Spacing of Culverts in Feet
In determining culvert spacing, consideration shall be given to the area
drained, and its slope, shape, cover and runoff characteristics.
2. The inlet end shall be
protected by a headwall of suitable material and the outlet end shall have an
apron of suitable material provided for the outflow to spill on. No water shall
be allowed to flow across loose spoil. Ditches in these areas shall be lined
3. The culvert shall be
covered by compact fill to a depth of one foot or half the culvert diameter,
whichever is greater.
openings installed on access roads should not be less than one hundred (100)
square inches in area, but, in any event, all culvert openings shall be
adequate to carry normal runoff and shall receive necessary maintenance to
function properly at all times.
Removal of Drainage Structures
bridges, culverts, stream crossings, etc., necessary to provide access to the
operation, may be removed until reclamation is completed and approved by the
Commissioner. The same precautions as to water quality are to be taken during
removal of drainage structures as those taken during construction and
Construction and Maintenance
Access roads must be surfaced with an approved, non-erodible material,
but shall not be surfaced with coal refuse or any acid-producing or toxic
material. Approved materials include crushed stone, gravel, "red dog," crushed
slag, and chert.
Seeding of Slopes
All fill and cut slopes which will be left after mining
shall be seeded immediately after the construction of the road in order to
control erosion in accordance with paragraph (4) of Rule 0400-42-07-.04.
produced during construction, grading, or maintenance of the road shall be left
on the ditch side.
Abandonment of Access Road
(a) When an access road is to be abandoned
and shall no longer be used as a road by the operator, the landowners, or the
State or National Forest Services, vegetative cover and surface drainage to
minimize erosion shall be provided. Regardless of the future use of the road,
adequate surface drainage shall be provided. "Abandoned" means that the
operator has ceased to use the road and has not turned the road over to another
party for his use. When the road is abandoned and proper vegetative cover is
provided, the bond on the road shall be released. If the road is not to be
abandoned, but turned over to another party for his use, and adequate surface
drainage and surfacing have been provided, the bond on the road shall be
When the access road
is to be abandoned, culverts shall be removed and replaced by water bars of the
earth or rock type, open-top log culverts, or similar structures. They shall be
installed according to the following table of maximum spacings:
Division determine that modifications to this Chapter are necessary because of
topography or particular watershed situations, the Commissioner may, in his
discretion, make such modifications.
Tenn. Comp. R.
Original rule filed March 15, 2013;
effective June 13, 2013. Chapter was renumbered from
59-8-401 et seq. and 4-5-201 et