Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-43 - Water Resources (Mineral Test Holes)
Chapter 0400-43-01 - Mineral Test Holes
Section 0400-43-01-.03 - PERMITS

Current through September 24, 2024

(1) Permit required

(a) A permit is required from the Supervisor before any person drills a test hole as described in the Act.

(b) No activity related to a test hole may be commenced pursuant to this rule before a permit for such activity has been issued by the Supervisor. Furthermore, any activity related to a test hole that a person may do, or may have done, will be at the person's own risk.

(c) Permits shall not in any way be construed as a certification by the state of Tennessee that any property interest in the premises covered by a permit is vested in the permittee; they are issued solely under the provisions of the Act for the purposes recited in the Act and this chapter.

(d)
1. Any permit issued on or after the effective date of this rule shall expire two (2) years from the date the permit is issued.

2. Except as provided in paragraph (6) of Rule 0400-43-01-.05, a Plug and Abandon Report, or a certification that a test hole was not drilled, must be submitted to the Department for each test hole covered by a permit no later than sixty (60) days after the expiration date of the permit, unless a new permit for the test hole is issued by the Supervisor.

(2) Drilling permits

(a) Single test hole permit applications for a permit to drill a test hole shall be made on the Application for Permit to Drill and submitted to the Department for approval by the Supervisor. The application shall be accompanied by:
1. A map indicating the location of the test hole proposed in the application;

2. An application fee of one hundred dollars ($100); and

3. A comprehensive Bond Identification Form.

The application shall also include the name and address of the drilling contractor, if any. If the contractor is unknown at the time of application, then the information must be provided by letter to the Supervisor as soon as determined but prior to beginning drilling operations.

(b) Applications for a blanket permit must be submitted to the Supervisor for approval and shall include all of the information required by subparagraph (a) of this paragraph, including a map that indicates the location of all test holes proposed. A blanket permit may cover up to a maximum of twenty-five (25) holes.

(c) A drilling permit can only be amended with the prior written approval of the Supervisor.

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.

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