Current through Register Vol. 54, No. 49, December 7, 2024
(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.The provisions of this § 89.26 amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075. This section cited in 25 Pa. Code § 89.173 (relating to performance standards).