Tenn. Comp. R. & Regs. 0400-40-18-.04 - REQUIREMENTS FOR SEDIMENT AND EROSION CONTROL

(1) During Rock Harvesting or Exploration

(a) Operators and persons engaged in exploration shall use best management practices following the recommendations of the Tennessee Erosion and Sediment Control Handbook to prevent erosion and control sediment.

(b) Operators and persons engaged in exploration shall select, design and install erosion prevention and sediment control measures to prevent discharges to waters of the state that would violate water quality standards or cause pollution.

(c) Approved sediment and erosion control measures must be in place prior to beginning rock harvesting operations and exploration.

(d) Approved sediment and erosion control measures must be maintained throughout the life of the rock harvesting operation until reclamation has been approved as being successful by the Division. Approved control measures must also be maintained throughout the exploration activity until the site has been stabilized.

(e) Operators and persons engaging in exploration shall operate and maintain sites so that there are no discharges of oil or other waste to waters of the state.

(f) Operators and persons engaging in exploration shall comply with all provisions of permits.

(g) Operators and persons engaging in exploration shall modify practices or control measures, as directed and/or approved by the Division, to control discharges.

(2) Reclamation

(a) The purpose of reclamation is to stabilize the site so that there will not be discharges of sediment or other waste into waters of the state.

(b) Grading shall be conducted so as to return the affected area as closely as is reasonable to its pre-harvesting condition and drainage patterns, considering the amount of available overburden, drainage control, and post-harvesting land use.

(c) Revegetation shall be deemed acceptable when an eighty percent (80%) groundcover of self-sustaining vegetation, with no bare areas exceeding one fourth (1/4) of an acre, has been established for two (2) growing seasons. If trees are planted, there shall be six hundred (600) surviving stems per acre after two (2) growing seasons. If the Division determines this level of revegetation is not practicable at a given site, the operator shall (1) revegetate to the extent practicable and (2) provide surface stabilization for the entire site.

Notes

Tenn. Comp. R. & Regs. 0400-40-18-.04

Original rule filed February 15, 2013; effective May 16, 2013. Amendments filed October 3, 2016; effective 1/1/2017. Rule was previously numbered 0400-40-18-.03, but renumbered 0400-40-18-.04 with the addition of a new 0400-40-18-.03.

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.