25 Pa. Code § 88.231 - Haul roads and access roads: general
(a) Haul roads and access roads shall be
designed, constructed and maintained to control or prevent erosion and
contributions of sediment to streams or runoff outside the affected area; air
and water pollution; damage to fish and wildlife or their habitat; flooding;
and damage to public or private property. Upon completion of the associated
surface mining activities, the area disturbed by the road shall be restored in
accordance with §
88.237 (relating to haul roads and
access roads: restoration) unless retention of the road is approved as part of
the postmining land use.
(b) The
haul road may not be located in or within 100 feet (30.48 meters) of a
perennial or intermittent stream except in accordance with §
86.102 (relating to areas where
mining is prohibited or limited). Any crossing of a perennial or intermittent
stream shall be made using bridges, culverts or similar structures. Bridges,
culverts or other encroachments or water obstructions shall comply with Chapter
105 (relating to dam safety and waterway management).
(c) Each road shall have a drainage system
that is compatible with the natural drainage system, structurally stable and
which will pass safely the peak flow from a 10-year precipitation event or
larger event if required by the Department. The drainage system shall include
sloped or crowned road surfaces, cross drains or culverts, stabilized ditches,
erosion resistant surfacing, sediment traps and other appropriate sediment
control measures as required by §
88.191 (relating to hydrologic
balance: sediment control measures).
(d) Roads shall be constructed on stable
areas that avoid wet or unstable soils.
(e) Prior to the construction of the road,
all topsoil shall be removed, stored on a stable site and protected against
erosion and compaction until restoration of the haul road.
(f) Any disturbed area adjacent to the road
shall be vegetated or otherwise stabilized to prevent erosion.
(g) Acid-forming or toxic-forming material
may not be used for surfacing or construction of a road except where the road
is within the confines of a coal refuse disposal or reprocessing area and the
effluent meets the requirements of §
88.187 (relating to hydrologic
balance: effluent standards).
Notes
The provisions of this §88.231 amended under section 4.2(a) of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b(a)); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
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