W. Va. Code R. § 38-3-5 - Haulageways and Transportation Facilities

5.1. General. -- Each permittee shall design, construct, utilize, and maintain roads, railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tram ways and other transportation facilities located outside the mineral extraction area, processing areas or excess spoil disposal areas to meet the requirements of this rule and to control or minimize erosion and siltation, air and water pollution, and to prevent damage to public or private property.

5.2. Plans. -- Typical sections showing width of road cut, fill slopes, surface material of the road, sediment control, a center line profile with grades, sumps, culvert pipe location and size, and other transportation facilities shall be included in the permit application. The design of haulageways located outside the mineral extraction area, processing areas or excess spoil disposal areas shall be certified by a qualified registered professional engineer, licensed land surveyor, or approved person as being in accordance with specifications of this rule.

5.3. Location Markings. -- The location of the proposed haulageway or other transportation facility shall be identified on the site by visible markings on one-hundred-foot (100') centers at the time the quarrying and reclamation plan is pre-inspected, and prior to commencement of construction. Existing roads are exempt from this requirement.

5.4. Grading. -- The grading of a haulageway shall be such that:

5.4.a. No sustained grade shall exceed ten percent (10%);

5.4.b. The maximum grade shall not exceed fifteen percent (15%) for three hundred foot (300');

5.4.c. There shall not be more than three hundred feet (300') of maximum grade for each one thousand feet (1,000') of road constructed;

5.4.d. The surface shall be sloped toward the ditch line at the minimum rate of one-half inch (1/2") per foot of surface width, or crowned at the minimum rate of one-half inch (1/2") per foot of surface width, as measured from the center line of the haulageway; and

5.4.e. The grade on switchback curves shall be reduced to less than the approach grade and shall not be greater than ten percent (10%).

5.5. Cut Slopes. -- Cut slopes shall not be more than 1:1 in soils or 1/4:1 in rock.

5.6. Ditches. -- A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut-fill section, with ditch relief cross-drains being spaced according to grade. Water shall be intercepted before reaching a switchback or large fill and led off. Water on a fill or switchback shall be released below the fill, not over it. Ditchlines shall be designed to pass a one-year, twenty-four hour precipitation event.

5.7. Culverts. -- Ditch relief culverts shall be installed according to the following provisions:

5.7.a.

Road Grade in Percent:	Minimum Spacing between Culverts in Feet:
0 - 5	300 - 800
6 - 10	200 - 300
11 - 15	100 - 200

5.7.b. Culverts shall cross the haulageway at a thirty-degree (30^o) angle downgrade at a minimum slope of three percent (3%) or at a slope or angle approved by the Secretary;

5.7.c. The inlet end shall be protected by a headwall of suitable material, and the outlet end shall be placed below the toe of the fill with an apron of suitable material provided for the outflow to spill on; and

5.7.d. The culvert shall be covered by compacted fill to depth of one foot (1') or half the culvert diameter, whichever is greater.

5.8. Culvert Openings. -- Culvert openings installed on haulageways should not be less than one hundred square inches (100") in area, but, in any event, all culvert openings shall be adequate to carry storm run off from the peak flow of a one (1)-year twenty-four (24) hour precipitation event and shall receive necessary maintenance to function properly at all times.

5.9. Natural Drainway. - Minor alterations the quarrying and reclamation plan shall be permitted if the natural drainway will not be blocked, and if no damage is done to the natural drainway or to adjoining landowners.

5.10. Stream Crossings. -- Drainage structures, such as bridges, culverts, low-water crossings, or other structures designed, constructed and maintained using current prudent engineering practices, shall be required in order to cross an intermittent or perennial stream channel. They shall be such so as not to affect the flow of the stream. Consideration shall be given to the time of year the stream is crossed and length of time the stream channel is used, but in no event, and under no condition shall the flow of the stream be affected or the sediment load of the stream increased during construction and/or use. These structures shall be capable of passing the peak flow for a ten (10)-year twenty-four (24) hour precipitation event from the contributing watershed.

5.11. Removal of Drainage Structures. -- No bridges, culverts, stream crossing, etc., necessary to provide access to the operation, may be removed until reclamation is completed and approved by the Secretary. The same precautions as to water quality are to be taken during removal of drainage structures as those taken during construction and use.

5.12. Stabilization of Slopes. -- All fill and cut slopes shall be stabilized after the construction of a haulageway.

5.13. Haulageway Surfacing. -- Access roads, haulroads, processing areas, yards, storage areas, plant sites, and parking areas shall be stabilized with proper surface materials to prevent erosion. The material used to surface the haulageway shall be sufficiently durable for the anticipated volume of traffic, and the weight and speed of the vehicles using the road. Haulageways shall not be surfaced with any acid-producing or toxic material, or with any material which will produce a concentration of suspended solids in surface drainage.

5.14. Tolerance. -- All grades referred to in this section shall be subject to a tolerance of two percent (2%) grade. All linear measurements referred to in this section shall be subject to a tolerance of ten percent (10%) of measurement. All angles referred to in this section shall be measured from the horizontal and shall be subject to a tolerance of five percent (5%).

5.15. Mud and Debris on Public Roads. -- The deposition of mud and debris on public roads shall be minimized to the extent possible in order to prevent public nuisance.

5.16. Water Bars. -- Water bars of the ditch and earth berm or log type shall be installed according to the following table of spacing in terms of percent of road grade prior to the abandonment of a haulageway or infrequently used road. Spacing of water bars in Feet:

Percent of Haulageway:	Spacing of Water Bars in Feet:
2	250
5	135
10	80
15	60
20	45
Above 20	25

5.17. Dust Control. -- Reasonable means shall be employed to prevent loss of haulageway surface material in the form of dust.

5.18. Abandonment of Haulageway. -- Upon abandonment of a haulageway, the haulageway shall be seeded and every effort made to prevent erosion by means of culverts, water bars or other devices.

5.19. Infrequently Used Access Roads. -- Infrequently used access roads are exempt from subsection 5.4 of this rule.

5.20. Existing Haulageway or Access Roads. -- Where existing roads are to be used for access or haulage and it can be demonstrated that reconstruction to meet the designs and construction requirements of this section would result in greater environmental harm, subdivisions 5.4.a., 5.4.b., and 5.7.a. of this rule will not apply. Provided, however, that the sediment control requirements must otherwise be met.

5.21. Certification. -- Prior to being utilized, all haulroads located outside the mineral extraction area, processing areas or excess spoil disposal areas for which design criteria were approved as part of the permit shall be certified. Such certification shall affirm that construction was completed in accordance with the approved criteria, except as otherwise noted in the certification statement. Where the certification statement indicates a change from the design standards or construction requirements approved in the permit, such changes shall be documented in as-built plans. If as-built plans are submitted, the certification shall describe how and to what extent the construction deviates from the proposed design, and shall explain how and certify that the road shall meet rule standards. The certification shall be on forms approved by the Secretary and signed by a qualified registered professional engineer, licensed land surveyor or approved person with experience in design and construction of roads.

Notes

W. Va. Code R. § 38-3-5