Current through Register Vol. 50, No. 9, September 20, 2024
A. Road
Classification System
1. Each road, as
defined in §105, shall be classified as either a primary road or an ancillary
road.
2. A primary road is any road
which is:
a. used for transporting coal or
spoil;
b. frequently used for
access or other purposes for a period in excess of six months; or
c. to be retained for an approved post-mining
land use.
B.
Performance Standards. Each road shall be located, designed, constructed,
reconstructed, used, maintained and reclaimed so as to:
1. control or prevent erosion, siltation, and
the air pollution attendant to erosion, including road dust as well as dust
occurring on other exposed surfaces, by measures such as vegetating, watering,
using chemical or other dust suppressants, or otherwise stabilizing all exposed
surfaces in accordance with current, prudent engineering practices;
2. control or prevent damage to fish,
wildlife or their habitat and related environmental values;
3. control or prevent additional
contributions of suspended solids to stream flow or runoff outside the permit
area;
4. neither cause nor
contribute to, directly or indirectly, the violation of state or federal water
quality standards applicable to receiving waters;
5. refrain from seriously altering the normal
flow of water in streambeds or drainage channels;
6. prevent or control damage to public or
private property, including the prevention or mitigation of adverse effects on
lands within the boundaries of units of the National Park System, the National
Wildlife Refuge System, the National System of Trails, the National Wilderness
Preservation System, the Wild and Scenic Rivers System, including designated
study rivers, and National Recreation Areas designated by act of Congress;
and
7. use non-acid- and
non-toxic-forming substances in road surfacing.
C. Design and Construction Limits and
Establishment of Design Criteria. 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 any necessary
design criteria established by the office.
D. Location
1. No part of any road shall be located in
the channel of an intermittent or perennial stream unless specifically approved
by the office in accordance with applicable §5319-5323
2. Roads shall be located to minimize
downstream sedimentation and flooding.
E. Maintenance
1. A road shall be maintained to meet the
performance standards of this Section and any additional criteria specified by
the office.
2. A road damaged by a
catastrophic event, such as a flood or earthquake, shall be repaired as soon as
is practicable after the damage has occurred.
F. Reclamation. A road not to be retained
under an approved post-mining land use shall be reclaimed in accordance with
the approved reclamation plan as soon as practicable after it is no longer
needed for mining and reclamation operations. This reclamation shall include:
1. closing the road to traffic;
2. removing all bridges and culverts unless
approved as part of the post-mining land use;
3. removing or otherwise disposing of
road-surfacing materials that are incompatible with the post-mining land use
and revegetation requirements;
4.
reshaping cut and fill slopes as necessary to be compatible with the
post-mining land use and to complement the natural drainage pattern of the
surrounding terrain;
5. protecting
the natural drainage patterns by installing dikes or cross drains as necessary
to control surface runoff and erosion; and
6. scarifying or ripping the roadbed;
replacing topsoil or substitute material, and revegetating disturbed surfaces
in accordance with §5309-5317
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:901-932.