Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.138 - 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; air
						and water pollution; damage to fish and wildlife or their habitat; flooding;
						and damage to public or private property. Upon completion of the associated
						surface mining activities, the area disturbed by the road shall be restored in
						accordance with §
												88.144 (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 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). Any 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
						which will pass safely the peak flow from a 10-year precipitation event or
						larger event if required by the Department. The drainage system shall include
						sloped or crowned road surfaces, cross drains or culverts, stabilized ditches,
						erosion resistant surfacing, sediment traps and other appropriate sediment
						control measures as required by §
												88.96 (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,
						all topsoil shall be removed, stored on a stable site and protected against
						erosion and compaction until restoration of the haul road.
(f) Any disturbed area adjacent to the road
						shall be vegetated or otherwise stabilized to prevent erosion.
(g) Acid-forming 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 road refuse disposal or reprocessing area and the
						effluent meets the requirements of §
												88.92 (relating to hydrologic
						balance: effluent standards).
The provisions of this §
														88.138 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 §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).