Tenn. Comp. R. & Regs. 0400-42-07-.02 - ACCESS ROADS

(1) Definition

"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.

(2) Location
(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 construction.
(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 maintenance.
(3) Grading
(a) Maximum Grades -- New access roads shall be located and constructed so that:
1. No sustained grade shall exceed 10%.
2. The maximum grade shall not exceed 15% for 300 feet.
3. There shall not be more than 300 feet of maximum grade for each 1,000 feet of road constructed.
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 stable rock.
(4) Drainage
(a) 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 use.

(b) Ditches

A 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.

(c) Culverts

Ditch relief culverts shall be installed as needed to insure adequate drainage as determined by the Commissioner.

1. The suggested spacing of culverts is as follows:

Road Grade in Percent Spacing of Culverts in Feet
2-5 300
6-10 200
11-15 100

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 with rock.
3. The culvert shall be covered by compact fill to a depth of one foot or half the culvert diameter, whichever is greater.
4. Culvert 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.
(d) Removal of Drainage Structures

No 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 use.

(5) Construction and Maintenance
(a) Surfacing

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.

(b) 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.

(c) Surface Drainage

No berm produced during construction, grading, or maintenance of the road shall be left on the ditch side.

(6) 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 released.
(b) 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:

Grade (Percent) Maximum Spacing (Feet)
2 250
5 135
10 80
15 60
(7) Special Circumstances

Should the 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. & Regs. 0400-42-07-.02
Original rule filed March 15, 2013; effective June 13, 2013. Chapter was renumbered from 0400-03-07.

Authority: T.C.A. §§ 59-8-401 et seq. and 4-5-201 et seq.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

No prior version found.