Tenn. Comp. R. & Regs. 0400-42-11-.04 - REVEGETATION

(1) Revegetation Plan.

Each operator shall submit a Revegetation Plan in accordance with T.C.A. § 59-8-209 and Chapter 0400-42-05. Since most of the area mined for Brick, Clay or Shale will be returned to pasture or converted to industrial or recreational developments, no specific planting requirements are established. However, the plan must provide for stablization of the area as quickly as possible after it has been mined in order to prevent erosion and siltation of streams, and to return the area to productive use.

(2) Initial Planting.

As soon as regrading is complete, the entire area shall be seeded with legumes and/or perennial grasses to control erosion, unless the approved after-use plan provides for construction to take place on the area and construction begins immediately. If the delay between regrading and construction is to be more than two (2) months, ground cover shall be provided.

(3) Evaluation of Vegetation Survival.

Inspection and evaluation of vegetation for cover and survival shall be made as soon as it is possible to determine if a satisfactory stand has been established. In no instance shall this vegetative cover check be made until after the completion of the first growing season. A revegetation evaluation report shall be prepared and filed by the inspector.

(4) Standards for Legumes and/or Perennial Grasses.

Standards for legumes and/or perennial grasses shall require at least an eighty percent (80%) ground cover. Bare areas shall not exceed 2,500 square feet (50 feet by 50 feet) in size, nor total more than twenty percent (20%) of the area seeded unless such areas are too stony to support vegetation.

(5) Performance Bond Release.

After the vegetative cover has been inspected and approved, the operator shall submit his final report to the Commissioner and request release of the remaining portion of the performance bond still in force. No revegetation performance bonds will be released until the approved revegetation plan has been carried out unless the Commissioner determines that further efforts toward revegetation are impractical. No revegetation plans will be considered to have been carried out until satisfactory coverage and survival have been obtained.

Notes

Tenn. Comp. R. & Regs. 0400-42-11-.04

Original rule filed August 2, 2012; effective October 31, 2012. Rule renumbered from 0400-03-11.

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