Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-18 - Rock Harvesting
Section 0400-40-18-.03 - NOTICE OF INTENT FOR EXPLORATION

Universal Citation: TN Comp Rules and Regs 0400-40-18-.03

Current through September 24, 2024

(1) For purposes of this chapter, "exploration" means the excavation of a potential rock harvesting site that disturbs less than 1 acre of land, does not result in removal of more than 100 tons of minerals as defined in T.C.A. § 69-3-144(1), and does not involve processing as described in subparagraph (1)(a) of Rule 0400-40-18-.02.

(2) Persons seeking coverage under the general permit for exploration shall submit a Notice of Intent for exploration at least 7 days prior to engaging in exploration. The Notice of Intent for exploration shall include the following:

(a) The legal name and address of the owner and/or operator;

(b) The facility name and location;

(c) Proof of property owner notification;

(d) A general location map produced from a USGS 71/2 minute quadrangle map that shows the location of the exploration area(s) and haul road(s), which shall be marked in red, and includes: the name of the facility; the name and number of the quadrangle; the receiving stream(s); and an indication of whether any stream crossings are required. (Note: stream crossings must in compliance with the requirements of Chapter 0400-40-07); and

(e) Description of the erosion prevention and sediment control measures for the site as required by Rule 0400-40-18-.04.

(3) Coverage under the applicable general permit shall be effective upon receipt of the Notice of Intent for exploration by the Division for a period of no more than 60 days, by which time the permittee must either:

(a) Submit a Notice of Intent for Rock Harvesting in accordance with Rule 0400-40-18-.02;

(b) Submit an application for an individual permit; or

(c) Stabilize the site and withdraw from the area.

If a Notice of Intent for Rock Harvesting or an application for an individual permit is timely submitted, coverage under the general permit covering exploration including applicable restrictions (i.e., disturbance of less than one acre of land and removal of less than 100 tons of mineral) shall continue until the Division issues a notice of coverage for rock harvesting operations under the applicable general permit, issues an individual permit, or denies permit coverage for the operation.

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

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