(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;
flooding; air and water pollution; damage to fish and wildlife or their
habitat; and damage to public or private property. To ensure environmental
protection appropriate for their planned duration and use, including
consideration of the type and size of equipment used, the design and
construction or reconstruction of roads shall incorporate appropriate limits
for grade, width, surface materials, surface drainage control, culvert
placement and culvert size, in accordance with current, prudent engineering
practices, and necessary design criteria established by the Department. Upon
completion of the associated surface mining activities, the area disturbed by
the road shall be restored in accordance with §
90.140 (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 or access roads 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). Crossing of a perennial or intermittent
stream shall be made using bridges, culverts or similar structures. Bridges,
culverts or other encroachment or water obstruction shall meet the requirements
of 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
will pass safely the peak flow from a 10-year, 24-hour precipitation event, or
larger event if required by the Department. The drainage system shall include
sloped or crowned road surface, cross drains or culverts, stabilized ditches,
erosion-resistant surfacing, sediment traps and other appropriate sediment
control measures as required by §
90.106 (relating to hydrologic
balance: erosion and sedimentation control).
(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) Disturbed areas adjacent to the road
shall be vegetated or otherwise stabilized to prevent erosion.
(g) Haul roads shall be surfaced with
material sufficiently durable for the anticipated volume of traffic and the
weight and speed of vehicles using the road. Acid or toxic-forming material may
not be used for surfacing or construction of a road except when the road is
within the confines of a coal refuse disposal or reprocessing area, and the
effluent meets the requirements of §
90.102 (relating to hydrologic
balance: water quality standards, effluent limitations and best management
practices).
(h) A road damaged by a
catastrophic event, such as a flood or earthquake, shall be repaired or
reclaimed as soon as practicable after the damage has occurred.
(i) Haul roads and roads approved as part of
the postmining land use shall be certified by a qualified registered
professional engineer or qualified registered land surveyor that the roads have
been constructed or reconstructed as designed in accordance with the approved
plan.