25 Pa. Code § 89.26 - Roads
(a) As used in this
section, "road" means a surface right-of-way for purposes of travel by land
vehicles used in coal exploration or underground mining activities. A road
consists of the entire area within the right-of-way, including the roadbed,
shoulders, parking and side area, approaches, structures, ditches, surface and
contiguous appendages necessary for the total structure. The term includes
access and haul roads constructed, used, reconstructed, improved or maintained
for use in coal exploration or underground mining activities, including use by
coal-hauling vehicles leading to transfer, processing or storage areas. The
term includes pioneer or construction roadways used for part of the road
construction procedure and promptly replaced by a road located in the identical
right-of-way as the pioneer or construction roadway.
(b) The operator shall design, construct or
reconstruct, utilize and maintain roads and restore the area to meet the
requirements of this section and to control or minimize erosion and
sedimentation, air and water pollution, and damage to public or private
property. 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.
(c) Using
the best technology currently available, roads shall be designed, constructed
and maintained so that they do not cause damage to fish, wildlife and related
environmental values and do not cause additional contributions of suspended
solids to streamflow or to runoff outside the permit area. The contributions
may not be in excess of limitations of State or Federal law.
(d) Roads shall be removed and the affected
land regraded and revegetated in accordance with §
89.90 (relating to restoration of
roads) unless:
(1) Retention of the road is
approved as part of the approved postmining land use or as being necessary to
control erosion adequately.
(2) The
necessary maintenance is assured.
(3) Drainage is controlled according to this
subchapter.
(e) The design
and construction or reconstruction of roads shall:
(1) Incorporate recognized engineering
standards for environmental protection, mobility, safety and travel efficiency,
based on geometric criteria appropriate for the planned duration of use, the
anticipated volume of traffic and the weight and speed of vehicles to be used.
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.
(2) Include 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.
(3) Be
prepared by or under the direction of, and certified by a qualified registered
professional engineer or qualified registered professional land surveyor that
the roads have been constructed or reconstructed as designed in accordance with
the approved plan.
(f)
Location of roads shall be as follows:
(1)
Roads shall be located, insofar as possible, on ridges or on the most stable
available slopes to minimize erosion.
(2) No part of any road shall be located in
the channel of an intermittent or perennial stream except in accordance with
§
86.102 (relating to areas where
mining is prohibited or limited).
(3) Stream fords are prohibited unless they
are specifically approved by the Department as temporary routes during periods
of construction. The fords may not adversely affect stream sedimentation or
fish, wildlife or related environmental values. Other stream crossings shall be
made using bridges, culverts or other structures designed, constructed and
maintained in accordance with recognized engineering standards and Chapter 105
(relating to dam safety and waterway management).
(4) Roads shall be located to prevent
downstream sedimentation and flooding.
(g) Maintenance of roads shall be as follows:
(1) Roads shall be maintained so that the
required or approved design criteria are met throughout the life of the
facility, including surface and shoulders, parking, side areas, approach
structures, erosion control devices, cut-and-fill sections and traffic control
devices necessary for safe and efficient utilization.
(2) Road maintenance shall include basic
custodial care as required to protect the road investment and to prevent damage
to adjacent resources. This includes maintenance to control dust, erosion,
repair of structures and drainage systems, removal of rocks and debris,
replacement of surface and restoration of the road.
(3) 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.
Notes
This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
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