Current through September 24, 2024
(1) Operators shall submit a Notice of Intent
for Rock Harvesting to obtain coverage under the applicable general permit
unless the Division informs an operator that an individual NPDES permit is
required. The reasons for requiring an individual permit include the following:
(a) There will be a discharge of any water
which, during manufacturing or processing, comes into direct contact with, or
results from, the production of any raw material, intermediate product,
finished product, byproduct, or waste product process associated with stone
processing operation(s), which includes crushing, sawing, screening, and/or
uncovered breaking on the site;
(b)
There will be any other non-storm water discharges from the site, including but
not limited to mine dewatering and domestic sewage;
(c) There will be a discharge from the rock
harvesting site to Exceptional Tennessee Waters that would cause degradation of
any applicable available parameter above the level of de minimis as defined by
paragraph (4) of Rule
0400-40-03-.04;
(d) There will be a discharge from the rock
harvesting site to waters with unavailable parameters that may cause measurable
degradation of the parameter that is unavailable, unless the Division
determines the estimated pollutant loading is consistent with an EPA-approved
total maximum daily load; and
(e)
The Division determines that an individual permit is required to adequately
protect water quality in the receiving stream(s).
(2) An original and two copies of all
individual NPDES application forms or the notice of intent and supporting
materials for the application forms or notice of intent, including the
information required by this rule, shall be submitted.
(3) Written proof of general liability
insurance coverage shall be submitted by the operator along with the permit
application or notice of intent.
(a) Liability
coverage shall be in an amount no less than one million dollars
($1,000,000).
(b) Insurance
coverage shall remain in effect for the life of the rock harvesting
operation.
(c) The policy shall
provide that the insurer will notify the department at least thirty (30) days
prior to the effectiveness of any cancellation of coverage by the
insurer.
(d) The operator shall
notify the department of any change in insurance coverage during the life of
the rock harvesting operation and provide a copy of any new policy issued after
the initial policy no later than one week after the new policy becomes
effective.
(4) Written
proof of Workers' Compensation insurance coverage, if applicable, shall be
submitted by the operator along with the permit application or notice of
intent.
(5) Written proof of
registration with the Tennessee Department of Revenue for all operators and any
subcontractors shall be submitted with the permit application or notice of
intent.
(6) Evidence of the
operator's legal right to harvest minerals on the land covered by the permit
application or notice of intent, in the form of a properly executed deed,
lease, or other appropriate document, shall be submitted with the permit
application or notice of intent.
(7) If the surface and mineral rights of any
portion of the land covered by the permit application or notice of intent have
been severed, the operator shall:
(a) Notify
the surface owner, by certified mail, return receipt required, of the intent to
begin rock harvesting operations, at least thirty (30) days prior to beginning
such operations including a copy of the permit or notice of coverage from the
department;
(b) Prior to beginning
rock harvesting operations, forward copies of all records relating to the
notification required by subparagraph (a) of this paragraph to the department;
and
(c) Bear all costs pertaining
to the notification and transmission of documents required by subparagraphs (a)
and (b) of this paragraph.
(8) A general location map taken from a USGS
7 1/2 minute quadrangle map that shows the location of the mining area(s) and
haul road(s) and which includes the name of the operation and the name and
number of the quadrangle shall be submitted with the application or notice of
intent.
(9) A site/operations map
at a scale of 1"=500', or larger as needed to provide sufficient detail and
avoid a cluttered look, shall be submitted with the application or notice of
intent. The site/operations map shall include, at a minimum:
(a) A title block which contains:
1. The name of the operator;
2. The name of the owner of the surface
rights and the name of the owner of the mineral rights;
3. The county(ies) in which the operation is
located;
4. The total number of
acres to be disturbed by mining operations and haul roads; and,
5. The date the map was prepared along with a
certification of its accuracy by the preparer.
(b) The body of the site/operations map shall
show:
1. The proposed permit boundary,
including haul roads, marked in red;
2. The location and type of all water
treatment structures, including Best Management Practices;
3. The location and name(s) of all stream(s)
receiving drainage from the operation;
4. The location and names of all property
owners within 500 feet of the permit boundary;
5. The location of any onsite structures
(i.e. buildings, scales, processing equipment, stockpiles, storage areas,
etc.);
6. The location of
significant features such as cemeteries, public roads, railroad tracks, oil and
gas wells, surface mines, underground mines, transmission lines, pipelines or
utility lines within 500 feet of the permit boundary;
7. The location of initial cuts or excavation
and the subsequent cut sequence and direction of mining; and
8. The location(s) where topsoil and/or other
materials suitable for revegetation will be stockpiled.
(10) A reclamation plan shall be
submitted with the application or notice of intent. The plan shall include, at
a minimum:
(a) A description of the manner in
which topsoil, and/or other material(s) suitable for revegetation, will be
segregated;
(b) A description of
backfilling and grading operations to be carried out concurrently with mining
excavation that addresses whether there will be sufficient overburden to return
the land to its original conformation after mining; and if the land will not be
returned to its original conformation, a reclamation plan map shall be
submitted that depicts:
1. The altered land
conformation and drainage patterns that will exist after mining;
2. The location of any permanent
impoundment(s) proposed to remain when mining is complete; and
3. The location of any roads to remain after
mining, including information regarding the surfacing and drainage controls
used to maintain road stability; and
(c) A revegetation plan which specifies:
1. The types and amounts of seed, fertilizer,
lime and mulch that will be applied per acre, following the recommendations of
the Tennessee Erosion and Sediment Control Handbook;
2. The type(s) and spacing of trees to be
planted; and
3. If the surface and
mineral rights on any portion of the land covered by the permit application or
notice of intent have been severed, a notarized letter confirming the
concurrence of the surface owner as to the size and location of any
impoundment(s) or roads to remain after mining and whether or not trees are to
be planted must be submitted.
Authority: T.C.A.
§§
69-3-101 et seq. and 4-5-201 et
seq.
