Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-42 - Water Resources (Surface Mining)
Chapter 0400-42-11 - Brick, Clay and Shale (Transferred from 0400-03-11 which was repealed)
Section 0400-42-11-.02 - ACCESS ROADS
Current through September 24, 2024
(1) Definition.
"Access road or haulageway" shall mean any road constructed, improved or used by the operator (except public roads) which ends at the pit or mine and which is located within the permitted area.
(2) Planning and Construction.
Operators are required to plan such roads in accordance with accepted engineering standards with proper protection of streams by culverts where traversed. No road shall be constructed up a watercourse or drainage channel proper, or so close to its banks that material would spill into the channel during construction, use or maintenance. The location of the proposed haulageway shall be identified on the site by visible markings at the time the reclamation and mining plan is preinspected and prior to commencement of construction.
(3) Abandonment of Access Roads.
If the haulageway is to remain as a permanent road, it shall be left properly surfaced and drained for minimum maintenance by the landowner. If the road will be abandoned, it shall be graded to the approximate contour of the adjacent land and sown in grasses.
Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.