Mining-Related Permitting
The TDEC Mining Section is responsible for administering and enforcing several environmental laws related to water quality discharge permitting, aquatic resource alterations, mineral test hole drilling, and surface mining permits as they pertain to the mineral extraction industry. Additional information about each permit type is available below.
All mining-related applications (Individual NPDES, TMSP Sector J, ARAP, surface mining) should be emailed to TDEC.Mining@tn.gov.
Permit Types
All mining facilities in Tennessee require a permit to discharge water, as part of the National Pollutant Discharge Elimination System (NPDES) permitting program. This program sets limitations on the quality of the water that may be discharged to protect the receiving stream(s). NPDES permits require monitoring and reporting of sample results to TDEC, the EPA, and the public via the EPA's Enforcement and Compliance History Online (ECHO) website. Facilities are also regularly inspected by the Division to ensure compliance with permit requirements.
The Division issues two types of NPDES permits:
General NPDES permits are issued on a statewide basis and are used to provide coverage for multiple similar facilities. The primary general permit issued by the Mining Section is known as the Tennessee Stormwater Multi-Sector Permit (TMSP). The TMSP includes multiple Sectors which apply to various industries.
The Mining Section issues permits for resource extraction activities under Sector J of the TMSP. As such, this permit is sometimes referred to as a “Sector J” permit. Facilities eligible for Sector J permit coverage include those who engage in mineral extraction without processing. Processing includes crushing, washing, sorting, separating, tumbling, sawing, cutting, or breaking mineral resources. Tumblers or breakers may be used on TMSP-permitted sites if they are under cover.
TMSP permits are commonly employed by the dimension stone and fieldstone industry. This industry is additionally subject to the "Rock Harvesting Rules" which is a supplemental set of requirements in addition to the standard TMSP requirements. When used for the rock harvesting industry, the TMSP permit is sometimes referred to as a “rock harvesting permit.”
For additional information and application instructions, please see: Industrial Stormwater General Permit
An individual NPDES permit is required when a facility includes processing of a mined mineral (such as crushing, screening, or sorting), if no applicable general permit exists, or if unique permit requirements are necessary to protect water quality.
For additional information and application instructions, please see: Individual National Pollutant Discharge Elimination System (NPDES) Permit
Mining facilities which propose to physically alter waters of the state (such as by installing a crossing over a stream or by impacting a wetland) may require an Aquatic Resource Alteration Permit (ARAP). The ARAP serves to minimize adverse impacts to jurisdictional waters and in some cases may require mitigation. Examples of activities at mineral extraction facilities which require ARAP coverage include but are not limited to:
• Installation or removal of stream crossings such as culverts
• Maintenance of existing stream crossings
• Wetland alterations
• Water withdrawals
• Material removal from streams or wetlands
• Repair of eroding banks or shorelines
• In-stream grouting or maintenance of sinkholes
For additional information and application instructions, please see: Aquatic Resource Alteration Permit (ARAP)
A mineral test hole permit is required when drilling greater than 100’ for the purpose of exploring for minerals, excluding oil and gas. The purpose of the mineral test hole permit is to ensure that holes are properly plugged and abandoned after drilling to ensure protection of water resources.
For additional information and application instructions, please see: Mineral Test Hole Permit
Persons who engage in mining of certain minerals require a surface mining permit. A surface mining permit serves to require reclamation of the facility when mining is complete. Surface mining permit requirements are mineral and location specific.
Surface Mining permit applicability is summarized below:
| Location | Shelby & Davidson Counties | All Other Counties | State Owned Land |
|---|---|---|---|
| Minerals Regulated | Clay, Stone, Gravel, Sand, Phosphate Rock, Metallic Ore | Clay, Stone, Phosphate Rock, Metallic Ore | Clay, Stone, Gravel, Sand, Phosphate Rock, Metallic Ore |
| Minerals Not Regulated | Limestone, Coal, Marble, Chert, Dimension Stone | Limestone, Coal, Marble, Chert, Dimension Stone, Gravel, Sand | Coal |
For additional information and application instructions, please see: Surface Mining Permit
Contact the Mining Section
| Function | Contact | Phone | |
|---|---|---|---|
| General Inquiries | Mining Section | (865) 594-6035 | TDEC.Mining@tn.gov |