Section 0400-42-10-.03 - OPERATION, BACKFILLING AND GRADING(1) Planning and Denoting Spoil Areas(a) In the mining and reclamation plan provided for in Chapter 0400-42-02, the operator will denote the area on which the spoil is to be placed and shall plan the entire operation and select the area with the aim of disturbing no more than the absolute minimum acreage and possibly to convert to productivity some acreage which otherwise might be classified as wasteland.(2) Mining Procedure (a) Because ball clays frequently lie in beds with many feet of overburden, it is generally necessary to strip the lens, or bed, and move the waste material offsite via scrapers, leaving the exposed Ball Clay for production over a period of many years as the trade demands. For this reason, prompt reclamation of active Ball Clay pits is not practical or feasible. Instead, operators shall take all possible measures to control both onsite and offsite damage through the proper handling of spoil material and the prompt planting of vegetation to control erosion from the spoil deposit.(b) The adverse effects of mining must be controlled through the deposit of waste within mined-out areas of an active pit rather than through the expansion of existing spoil deposits. Operators shall determine which areas within a pit have future marketable clays and shall designate the other areas in the pit where the product is exhausted for deposit of spoil. While changing markets will alter the product picture, the industry must adjust its techniques so as to reduce the areas disturbed in the mining process.(3) Water Control(a) As a move to control stream degradation and siltation in the Ball Clay mining area, all operators must adopt programs which will strictly control erosion and siltation. Since the industry is one in which reclamation concurrent with mining is not feasible, all operators shall initiate prompt revegetation programs where most needed in order to reduce erosion of spoil deposits and siltation of streams and to achieve release of bond on the spoil deposit areas.(b) 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.(4) Regrading (a) When all marketable Ball Clay in a pit is exhausted, if the ultimate use of the mined area is to be a water impoundment, the highwalls shall be reduced and graded to no more than a ten degree (10°) slope so as to blend into the surrounding topography. Then those areas above the water line shall be fertilized and sown in grasses approved by the Commissioner according to the recommendations of the County Agent.(b) If the reclamation plan for the mined-out areas does not include a water impoundment, the disturbed acreage shall be graded to rolling topography with no slopes exceeding twenty-eight degrees (28°) and with the final effect designed to blend naturally into the surrounding terrain. No water-collecting depressions shall be left unless they are approved impoundments contained in the approved mining and reclamation plan.(c) The spoil produced by removing the initial overburden from the Clay Bed shall be deposited in old mined-out areas, gullies, hollows or similar wasteland whenever possible. The spoil shall be graded to blend naturally with the surrounding terrain. The angle at the edge of the spoil piles between the spoil and the undisturbed land shall not exceed twelve degrees (12°) and no slope shall exceed twenty-eight degrees (28°).(5) Water Impoundments. 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 spillways 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.
Tenn. Comp. R. & Regs. 0400-42-10-.03
Original rule filed August 2, 2012; effective October 31, 2012. Rule renumbered from 0400-03-10.Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.