25 Pa. Code § 89.56 - Stream channel diversions
(a) Flow
from perennial and intermittent streams within the permit area may be diverted
if the diversions:
(1) Will not adversely
affect, during and after mining, the water quantity and quality of the
stream.
(2) Comply with other
requirements of this chapter and Chapter 105 (relating to dam safety and
waterway management).
(3) Comply
with local, State and Federal statutes and regulations.
(b) When streamflow diversion is approved,
the stream channel diversion shall be designed, constructed and removed, as
follows:
(1) The longitudinal profile of the
stream, the channel and the flood plain shall be designed and constructed to
remain stable and to prevent, using the best technology currently available,
additional contributions of suspended solids to streamflow or to runoff outside
the permit area. These contributions may not be in excess of requirements of
State or Federal law. Erosion control structures, such as channel lining
structures, retention basins and artificial channel roughness structures shall
be approved for permanent diversions only when they are stable and will require
infrequent maintenance.
(2) The
combination of channel, bank and flood plain configurations shall be adequate
to prevent a flooding potential greater than that created by the natural
conditions of the natural channel. However, the capacity of the channel itself
shall be at least equal to the capacity of the unmodified stream channel
immediately upstream and downstream from the diversion.
(3) The design and construction of stream
channel diversions of perennial and intermittent streams shall be certified by
a qualified registered professional engineer as meeting the performance
standards of this part.
(c) When no longer needed to achieve the
purpose for which they are authorized, temporary stream channel diversions
shall be removed and the affected land regraded and revegetated, in accordance
with §§
89.84-89.86 (relating to backfilling and
grading; topsoil use; and revegetation). At the time diversions are removed,
facilities previously protected by the diversion shall be modified or moved to
prevent overtopping or failure of the facilities. These requirements do not
relieve the operator from maintenance of a water treatment facility otherwise
required under this chapter, and the erosion and sedimentation control
requirements of Chapter 102 (relating to erosion and sediment
control).
(d) When permanent
diversions are constructed or stream channels are restored after temporary
diversion, the operator shall establish or restore:
(1) The natural riparian vegetation on the
banks of the stream.
(2) The stream
to a natural meandering shape.
(3)
The stream to a longitudinal profile and cross section, including aquatic
habitats, that approximate premining stream channel
characteristics.
Notes
This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
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