Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.134 - Haul roads and access roads: general

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
The provisions of this §
														90.134 amended under section
							 4.2(a) of the
							 Surface Mining Conservation and Reclamation Act (52 P. S. §
															1396.4b(a)); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P. S. §
															30.53b); and
							 section 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														90.47 (relating to haul roads,
							 access roads and other transportation
							 facilities).