(a) Each operator shall submit for the commissioner‘s approval and carry out after such approval a plan for preparation of the soil and subsequent revegetation of the affected area. Such plan shall take into consideration the approved after-use of the area affected and shall be designed to achieve quick and permanent soil stabilization by the planting of trees or shrubs or grasses or legumes or any prescribed combination thereof. The operator’s obligation under the provisions of this part shall not be deemed discharged until the operator has provided revegetation which conforms to the revegetation standards established by the commissioner.

Terms Used In Tennessee Code 59-8-209

  • Area affected: means the area of land from which overburden is to be or has been removed and upon which a spoil bank is to be or has been deposited. See Tennessee Code 59-8-202
  • Commissioner: means the commissioner of environment and conservation or the commissioner's designees. See Tennessee Code 59-8-202
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means any person, partnership or corporation engaged in surface mining who removes or intends to remove more than two hundred fifty (250) tons of any mineral from the earth by surface mining within twelve (12) successive calendar months. See Tennessee Code 59-8-202
  • Provisions of this part: means the rules, regulations and orders issued by the commissioner pursuant to this part as well as the words of the sections themselves. See Tennessee Code 59-8-202
  • Reclamation: means the process of backfilling, grading and shaping of the disturbed land in the affected area, constructing water control facilities, the taking of measures to control current or future air, water or soil pollution, and the planting of vegetation, and other measures. See Tennessee Code 59-8-202
(b) After the initial planting of the vegetative cover in accordance with the approved plan, the commissioner shall issue to the operator and the operator’s surety a release of the surety bond for each acre of the affected area with respect to which the approved reclamation plan has been carried out, less the sum of three hundred dollars ($300) which shall be in force and effect until satisfactory revegetation survival has been accomplished, the revegetation plan previously approved by the commissioner has been carried out, the commissioner has determined that further efforts toward revegetation are impractical, or until it has been forfeited by the operator.
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