Tenn. Comp. R. & Regs. 0400-42-08-.03 - OPERATION, BACKFILLING AND GRADING
Initial stripping operations and mining shall be conducted so as to facilitate backfilling and grading to approximately the original or rolling topography and elimination of all highwalls, spoil piles and water-collecting depressions.
Operators will conduct their operations so as to minimize adverse effects to streams. There shall be no mining in stream beds and under no circumstance, whatever will access roads be constructed so as to interfere with streams. Stream crossings shall include culverts or other structures adequate to accommodate peak water flow, and such structures shall be removed at the conclusion of reclamation unless special circumstances preclude such action. Where there is potential for undue siltation, the operator shall construct either log or rock silt traps designed to reduce water velocity and permit the settlement of excess suspended matter.
Where rim or collar deposits produce a bench, operators may regrade the area so that a rolling terrace is produced, but the highwall must be reduced to a stable slope no steeper than 35 degrees. The terrace shall be smoothly graded with all available fill material.
The operator may elect to impound water to provide lakes or ponds for wildlife, recreation or water supply purposes, provided such impoundments will not create conditions that will contribute to soil erosion, or stream pollution or jeopardize the health, safety or property of adjacent landowners. Impoundments must be included in the mine and reclamation plan and details concerning the size and location and the construction plans of dams, embankments and spillway must be included. The proposed impoundment must meet safety requirements of appropriate State agencies and must be approved by the Department if the surface area exceeds one acre.
Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
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