25 Pa. Code § 90.105 - 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 coal refuse disposal activities, 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).
(b) When stream flow diversion is approved,
the stream channel diversion shall be designed, constructed and removed in
accordance with the following:
(1) The
longitudinal profile of the stream, the channel and the flood plain shall be
designed and constructed to remain stable and to prevent, to the extent
possible using the best technology currently available, additional
contributions of suspended solids to stream flow 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 diversion 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 condition of the
existing 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 §§
90.150-90.157,
90.159 and
90.160. At the time diversions are
removed, treatment facilities previously protected by the diversion shall be
modified or moved to prevent damage or failure of the facilities. This
requirement does not release the person who conducts the coal refuse disposal
activities from maintenance of a water treatment facility otherwise required
under this chapter, and the erosion and sedimentation control requirements of
§
90.106 (relating to hydrologic
balance: erosion and sedimentation control).
(d) When permanent diversions are constructed
or stream channels are restored after temporary diversions, the operator shall:
(1) Restore or maintain and enhance, where
practicable, natural riparian vegetation of the banks of the stream.
(2) Restore the horizontal alignment of the
stream to a condition compatible with the identified protected water use of
Chapter 93 (relating to water quality standards).
(3) Restore the stream to a longitudinal
profile and cross section, including aquatic habitats, that approximate
predisposal stream channel characteristics.
Notes
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