(1) General
Provisions
(a) Application
The following
provisions shall apply to all coal mining operations, in addition to other
specific provisions applying to particular types of mining.
(b) Handling of Toxic Materials
All
toxic or acid-producing materials shall be properly handled and segregated
within the pit. After removal of the coal, the faces of coal seams, the bottom
of the pit, and all toxic materials, waste coal, metal, lumber, and other
mining refuse shall be covered with spoil to a compacted depth of at least four
(4) feet. However, the coal seam may, instead, be covered by a permanent water
impoundment if the impoundment is part of the mining and reclamation plan
approved by the Commissioner. This work is to be completed as soon as possible,
but not later than the time specified in this regulation.
(c) Breakthrough to Underground
Any
breakthrough to an underground mine must be reported. If any water drains from
the underground mine, the Division of Water Resources and the Surface Mining
Section in the Knoxville Office of the Division or the Inspector shall be
notified as soon as possible, but at least within twenty-four (24) hours, and
temporary corrective measures started immediately. Plans for permanent control
of drainage must be submitted to the Knoxville Office within five (5) days, and
the work shall be completed within thirty (30) days of approval. If no water
drains from the breakthrough, the Knoxville Office shall be notified in writing
within five (5) days. If the operator is in doubt as to whether the underground
mine is wet or dry, the breakthrough shall be reported as soon as possible, but
at least within twenty-four (24) hours.
(d) Protection of Streams
No mining,
placement of spoil, or associated activity will be permitted within one hundred
(100) feet horizontal distance of any stream, except that roads may be
constructed within one hundred (100) feet of a stream where such roads are part
of the approved mining and reclamation plan and in special circumstances, such
as where head-of-hollow fill plans have been approved by the
Commissioner.
(e) Water
Control
1. The water flow from the mine area
and haul roads shall be controlled to minimize soil erosion, damage to other
lands, and pollution of streams or other waters. This may include construction
of checks, impoundments, silt-trap dams, and water bars in conjunction with
other control measures as required. All sediment control structures shall be
constructed according to criteria contained in the Erosion and Sediment Control
Handbook published by the Department.
2. The Tennessee Water Quality Control Act of
1977, T.C.A. §§69-3-101 et seq., requires that all runoff or pumped
discharges must be covered by a discharge permit from the Division of Water
Resources if the quality of the water is or may be altered in any way. All
discharges or runoff must meet the water quality standards promulgated by the
Department.
(f) Special
Conditions
When special unusual conditions at the site make the
application of these regulations unwise, unnecessary, or impossible, deviations
may be allowed with written approval of the Commissioner as long as the effects
do not violate the intent of the Law.
(2) Contour Mining
(a) Application
These regulations shall
apply in areas where the slope of the original ground covering the coal seam or
lying below the coal seam exceeds 15 degrees.
(b) Spoil Handling- Landslides
1. The mining plan shall be devised and the
mining operation conducted so as to minimize erosion and prevent all
landslides. A landslide is defined as any uncontrolled earth movement which
carries spoil outside the approved limits.
2. If a landslide occurs, all mining at the
affected mine shall cease immediately and shall not resume until written
permission is obtained from the Commissioner. Permission to resume mining shall
not be granted until:
(i) the slide is
stabilized and graded or the material is recovered and replaced on the bench or
other designated area, and
(ii) the
mining plan has been re-examined and amended, if necessary in the opinion of
the Commissioner to prevent further slides.
(c) Fill Bench Limitation
1.
(i) If
the natural slope of the land for a distance of one-hundred (100) feet
downslope from the coal seam outcrop is greater than 28 degrees from the
horizontal, no spoil shall be placed downslope from the outcrop, temporarily or
permanently. Therefore, no fill bench is permitted on slopes over 28 degrees,
and no exception can be granted.
(ii) The slope below the coal seam means the
average or mean slope of the ground between the cropline and one-hundred (100)
feet downslope. Before surface disturbance, the slope will be determined by
making readings on the ground at intervals no greater than one-hundred (100)
feet along -the cropline.
(iii)
Where the slope of the land below the coal seam is less than 28 degrees, the
upgraded spoil must be placed in such a way that the spoil toe will not extend
more than fifty (50) feet downslope from the cropline, measured along the
ground perpendicular to the contour line. This shall be the "ungraded spoil
limit line", which is the maximum distance downslope that spoil may be placed
during the initial mining phase, that is prior to final grading.
2. If any spoil crosses the spoil
limit line, all mining shall cease immediately and shall not be resumed until
proposed corrective actions are completed to the satisfaction of the
inspector.
3. Prior to placing any
spoil downslope from the cropline, where the slope is less than 28 degrees,
tree vegetation must be cleared and grubbed (scalped) No tree vegetation shall
be left to project from any spoil. This tree vegetation must be windrowed to
produce a brush barrier. The brush barrier must be constructed so that the
major limbs and tree trunks shall lay approximately parallel with the contour.
The total disturbed area from the cropline to the downslope side of the
windrowed brush barrier must not exceed one-hundred twenty-five (125) feet
measured downslope from the cropline perpendicular to the contour line. The
clearing and grubbing (scalping) shall not extend more than 500 feet along the
cropline ahead of the active pit. In the case of multiple seam mining, this
shall mean ahead of the active pit of the lowest seam. See Figure 1-Virgin cut
before final grading.
4. When the
approved mining and reclamation plan calls for the use of mining methods such
as, but not limited to, the modified -block cut, head-of-hollow fill, or
offsite storage, deviations from the above limits shall be allowed for the
purpose of temporary or permanent storage of spoil on a limited, designated
area downslope from the cropline if the operator submits a plan which will
prevent landslides and minimize erosion and it is approved by the Commissioner.
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5. When
the approved mining and reclamation plan calls for the use of mining methods
such as, but not limited to, the modified block cut, head-of-hollow fill, or
off-site storage, deviations from the above limits shall be allowed for the
purpose of temporary or permanent storage of spoil on a limited, designated
area downslope from the cropline if the operator submits a plan which will
prevent landslides and minimize erosion and it is approved by the
Commissioner.
(d) Final
Grading
1.
(i) The upgraded spoil shall be graded
against the highwall and downward to roll gently over the outslope to blend
smoothly with the surrounding land. During the final grading process, part of
the ungraded spoil may be graded to a maximum distance of one-hundred (100)
feet downslope from the cropline, measured along a perpendicular to the
contour. The final graded outslope shall not be steeper than thirty (30)
degrees from the horizontal , or that slope steepness which is accessable with
earth grading equipment, whichever is less.
(ii) Spoil shall be placed against the
highwall to eliminate or reduce its final height. A minimum terrace width of
fifteen (15) feet shall be constructed to provide for an access road. A ditch
shall be graded along the inside edge of the access road to conduct surface
drainage from the fill bench to designated drainways. Such ditch shall be
constructed to eliminate depressions in which water could accumulate pools. To
insure proper drainage, the minimum grade of the ditch bottom shall be 1%. At
least four (4) feet of compacted spoil shall be placed over the floor of the
pit at all points including the bottom of all drainage ditches. The graded
spoil from the terrace ditch to the highwall shall not be steeper than 30
degrees. No more than 20 feet of highwall may be left at points where no
highwall existed before current mining. See Figure 2-Virgin cut after final
grading.
2. When the
mining operation is a second or subsequent cut on an orphan or otherwise
previously mined area, the total elimination of the highwall shall not be
required. All overburden not necessary to cover the floor of the pit shall be
placed against the highwall so that the remaining highwall is no higher than
that existing prior to the current mining. The entire bench area, including
spoil piles from previous operations which have not naturally revegetated to
current coverage standards, shall be graded to slope toward the highwall at a
slope not to exceed 5 degrees. At least four (4) feet of compacted spoil shall
be placed over the floor of the pit. A ditch shall be placed along the bench at
the toe of the sloping spoil, as shown in Figure 3. Other configurations
meeting the highwall and slope limitations, such as that in Figure 4, shall
also be allowed.
3. No slope,
except stable rock highwall as provided for in part 2 of this subparagraph,
shall exceed thirty (30) degrees. All rock and boulders rolling off the
permitted area shall be removed to some approved locations within the permitted
area, or the permitted area shall be enlarged to include the area where they
are left. Large rocks shall be buried or placed in constructed drainways as
lining or in an approved manner as water-retarding structures.
(e) Natural Drainways
Natural drainways, where water flows occasionally in a well-defined
channel, but less often than six months per year, shall be identified prior to
mining and skipped. No mining will be allowed within twenty-five (25) feet of
the centerline of a natural drain which crosses the contour. Fill or spoil
placement and construction of access roads across natural drainways shall be
conducted so as not to affect the normal flow of the drainway or materially
increase the sediment load in the drainway. This may be accomplished by
conveying the water in an adequate enclosed watertight conduit beneath the
access road, or by spanning the natural drainway with a bridge, The conduit
will be placed on the original drainway bed and will extend to a point ten (10)
feet beyond the toe of the overburden or access road embankment.
(f) Multiple Seam Mining
When two or more seams are to be mined under any given permit, when the
seams are not on the same highwall, the mining and reclamation plans will be
treated as special cases and judged on their own merits. The following general
guidelines shall be followed:
1.
Mining Sequence-The lower seam shall be mined in advance of the seam
above.
2. Overburden-Overburden
from the seam being mined shall not extend beyond the solid bench of the seam
below.
3. No ungraded spoil shall
be allowed to extend, more than fifty (50) feet downslope from a cropline of
any seam. If the distance between the cropline of the upper seam and the top of
highwall of the next lower seam is greater than one-hundred (100) feet, spoil
shall not be pushed across the intervening area to reach the lower bench, but
must be hauled to the lower bench.
4. All requirements which apply to a
single-seam mining shall apply to multiple seam mining unless the mining and
reclamation plan proposes an acceptable variation and is approved in writing by
the Commissioner.
(g)
Highwall Access
At least one access to the lands above the highwall,
suitable for passage by a four-wheel drive vehicle, shall be provided every
mile along the bench, at locations approved by the inspector.
(h) Keeping Operation Current
1. All coal shall be picked up within thirty
(30) days following removal of the overburden. (For the purpose of this
provision, overburden shall be considered removed when less than four (4) feet
remains above the coal.)
2. If the
operation includes only stripping (no augering), the grading and backfilling
shall follow the coal removal by not more than fifteen (15) days, but in no
instance shall an area be left ungraded more than 1,500 feet behind the removal
of the coal.
3. If the operation
includes stripping and augering, the augering shall follow the stripping by not
more than sixty (60) days or 2,500 feet, and the grading and backfilling shall
follow the augering by not more than fifteen (15) days, but in no instance
shall an area be left ungraded more than 1,500 feet behind the
augering.
4. If the operation
includes only augering, the grading and backfilling shall follow the augering
by not more than fifteen (15) days, but in no instance shall an area be left
ungraded more than 1,500 feet behind the augering.
5. All backfilling and necessary grading and
drainage work on a given area shall be completed within one hundred eighty
(180) days after the initiation of sod disturbance on that area.
6. Modifications of these requirements may be
made by the Commissioner if heavy rains or wet conditions make backfilling
and/or grading impractical.
(i) Augering
1. Augering is prohibited where the coal seam
rises away from the outcrop at a slope greater than 1/2 degree, except where
the coal seam is below drainage.
2.
"Below drainage" is defined as being below the established water table, or
below the elevation of all streams or other water bodies in the vicinity of the
permitted area.
3. Auger holes
shall be plugged by forcing spoil into the openings by machine immediately
after angering.
4. The exposed face
of the coal seam at the highwall shall be covered with backbone material and
compacted to at least ten (10) feet above the top of the auger holes.
Backfiring and grading shall follow the augering by not more than fifteen (15)
days or 1,500 feet along the bench.
5. Restored areas shall be graded so there
will be no depressions to accumulate water and to facilitate rapid runoff of
surface drainage from the auger area.
6. A twenty-five (25) foot barrier of coal
shall be left between any underground mine and the completed auger hole. Test
listings may be necessary to determine the solid depth of outcrop so as not to
penetrate the underground mine.
7.
Any breakthrough to an underground mine must be reported. If any water drains
from the underground mine, the Knoxville office or the inspector shall be
notified as soon as possible, but at least within twenty-four (24) hours, and
temporary corrective measures started immediately. Plans for permanent control
of drainage must be submitted to the Knoxville office within five (5) days, and
the work shall be completed within thirty (30) days of approval. If no water
drains from the breakthrough, the Knoxville office shall be notified in writing
within five (5) days. If the operator is in doubt as to whether the underground
mine is wet or dry, the breakthrough should be reported as soon as possible,
but at least within twenty-four (24) hours.
(j) Head-of-Hollow Fills
1. Head-of-hollow fills shall be allowed for
off-site permanent storage of excess spoil material only if the operator
submits an acceptable engineered plan which is approved in writing by the
Commissioner.
2. Construction of
such fills shall not violate the terms of a water quality discharge
permit.
3. Unless excepted by the
Commissioner, plans for head-of-hollow fills shall provide for:
(i) A five-foot (5) thick drainage blanket of
large rocks or boulders, extending from the toe of the fill up the hollow to
the upper surface of the fill.
(ii)
Spoil placement in horizontal layers above the drainage blanket, compacted to a
maximum thickness of six (6) feet per layer.
(iii) Filling of the hollow from one side
completely to the other, and from the downstream face to the head.
(iv) No slope of more than 30 degrees on the
downstream face, with the sloping sections interspersed by terraces draining to
the side for every twenty-five (25) foot difference in elevation.
(v) Crowning of the final upper surface so
that no water drains over the downstream face.
(vi) Adequate surface drainage so that water
will flow around the fill and not over it, with water carried in graded
ditches. Ditches on slopes over 5 degrees shall be rock-lined or
rock-filled.
(3) Area Mining
(a) Application
These regulations shall
apply in areas where the slope of the original ground covering the coal seam is
15 degrees or less.
(b)
Site Preparation
Topsoil and other soil suitable for supporting
vegetation shall be separated and removed to an approved storage area for
stockpiling during the mining operation. Following mining and initial grading,
the topsoil and other soil suitable for supporting vegetation shall be replaced
over the area affected.
(c)
Final Grading
1. Complete backfilling to
approximately the original contour or rolling topography shall be required,
beginning at or beyond the top of the highwall and sloped to the toe of the
spoil bank at a maximum angle not to exceed the approximate contour of the land
with no depressions to accumulate water, and all highwalls and spoil piles
shall be eliminated.
2. Lands shall
be deemed to have been completely backfilled and graded to their approximate
original contour when the contour of the land conforms approximately to the
contour of the original ground, but the final surface of the restored area need
not necessarily have the exact elevations of the original ground surface.
However, where a flat surface or a surface with less slope than the original
ground surface is desired, such surface shall be deemed to comply with
backfilling and grading to the approximate original contour. In addition, when
a very flat surface is mined, the land may be restored to gently rolling
terrain to enhance drainage.
(d) Blending With Adjacent Lands
Spoil
abutting onto unstripped land shall be graded so as to blend into the adjoining
stripped lands. In order to prevent excessive disturbance of the adjoining
unstripped lands through the placing of spoil onto already vegetated areas,
spoil will be considered as blending into the unstripped lands if the angle
between the spoil and the unstripped lands is twelve (12) degrees or less,
except that the slope created shall not be greater than twenty-five (25)
degrees.
(e) Water
Diversion Ditches
Water diversion ditches or terraces shall be
constructed in the final grading to control water runoff and erosion on long
uninterrupted slopes and to remove surface water runoff to a safe outlet. For
the purpose of this regulation, a diversion ditch shall be a channel
constructed on a continuous grade of one to two percent (1%-2%) across the
slope, with a supporting ridge on the lower side and the entire ditch seeded to
an adaptable grass or grass-legume mixture. The depth and width of the
diversion ditch may vary depending on the length and degree of slope.
(f) Water Impoundments
1. Water impoundments, as an alternative to
backfilling the final pit, are encouraged and will be allowed if they are part
of the approved mining and reclamation plan and if they meet the following
minimum criteria:
(i) Adequate sources of
water must be available to maintain the water level at least four (4) feet
above the top of the coal seam at all times.
(ii) Proper measures must be taken to prevent
undesirable seepage.
(iii) Adequate
spillways or other measures necessary to control overflow must be
provided.
(iv) Adequate means of
access to the water impoundment must be left or provided.
(v) The highwall or low wall must be reduced
to a slope fifteen (15) degrees or less, sloping to the water's edge.
2. All impoundments must be
designed in conformance with the criteria included in the Erosion and Sediment
Control Handbook published by the Department.
(g) Keeping Operation Current
The
grading and backfilling shall not be more than two (2) spoil ridges behind the
pit being worked, the spoil from this pit being considered the first ridge. All
backfilling and grading shall be completed within ninety (90) days after the
completion of an operation or a prolonged suspension of work in the area and
within one hundred eighty (180) days of initial disturbance. Modifications to
these requirements may be made by the Commissioner in connection with the
backfilling of the final pit.
