Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.160 - Haul roads and access roads

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; air and water pollution; damage to fish and wildlife or
						their habitat; flooding; 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 §
												87.166 (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 or access road 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). A 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, is structurally stable,
						and which 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 a 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 §
												87.106 (relating to hydrologic
						balance: sediment control measures).
(d) Roads shall be constructed on stable
						areas that avoid wet or unstable soils.
(e) Prior to the construction of the road,
						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 where the road is
						within the confines of a coal refuse disposal or reprocessing area and the
						effluent meets the requirements of §
												87.102 (relating to hydrologic
						balance: effluent standards).
(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 §
														87.160 amended under section
							 4.2 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 §
														86.134 (relating to coal
							 exploration performance and design standards); 25 Pa. Code §
														87.80 (relating to haul roads,
							 access roads and other transportation facilities); and 25 Pa. Code §
														87.174 (relating to steep slope
							 operations).