Current through all regulations passed and filed through December 16, 2024
(A) Road classification system.
(1) Each road shall be classified as either a
primary road or a secondary 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 postmining
land use.
(3) A
"secondary road" is any road not classified as a primary road.
(B) Performance standards. Primary
and secondary roads 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 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) Minimize the diminution to or degradation
of the quality or quantity of surface and ground-water systems;
(6) Refrain from significantly altering the
normal flow of water in streambeds or drainage channels;
(7) Prevent or control damage to public or
private property; and
(8) Use
nonacid- or nontoxic-forming substances in road surfacing.
(C) Design and construction limits and
establishment of design criteria. To ensure environmental protection and safety
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, culvert size, and any
necessary design criteria established by the chief.
(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 chief in accordance with paragraphs (A), (B), (E), (F), (J), (K) and (M)
of rule
1501:13-9-04
of the Administrative Code.
(2)
Roads shall be located to minimize downstream sedimentation and
flooding.
(E)
Maintenance.
(1) A road shall be maintained
throughout the life of the permit to meet the performance standards of this
rule and any additional criteria specified by the chief.
(2) A road damaged by a catastrophic event,
such as a flood or earthquake, shall be repaired as soon as practical after the
damage has occurred.
(F)
Reclamation. A road not to be retained for use under an approved postmining
land use shall be reclaimed immediately after it is no longer needed for mining
and reclamation operations, including:
(1)
Closing the road to traffic;
(2)
Removing all bridges and culverts;
(3) Restoring the natural drainage
patterns;
(4) Reshaping all cut and
fill slopes to be compatible with the postmining land use and to complement the
drainage pattern of the surrounding terrain;
(5) Scarifying or ripping the road bed,
replacing topsoil and revegetating disturbed surfaces in accordance with rules
1501:13-9-03 and
1501:13-9-15 of the
Administrative Code; and
(6)
Removing or otherwise disposing of road-surfacing materials that interfere with
the postmining land use.
(G) Primary roads. In addition to paragraphs
(A) to (F) of this rule, primary roads shall meet the requirements of paragraph
(G) of this rule.
(1) Certification.
(a) The plans and drawings of primary roads
shall be prepared by, or under the direction of, an engineer, and shall be
certified by an engineer, or jointly by an engineer and a surveyor to the
extent such joint certification is permitted by state law, as meeting: the requirements of Chapters 1501:13-1 to 1501:13-14
of the Administrative Code; current, prudent engineering practices; and any
design criteria established by the chief.
(b) The construction or reconstruction of
primary roads shall be certified in a report to the chief by an engineer or a
surveyor, or jointly by an engineer and a surveyor to the extent required by
state law, as having been completed as designed and in accordance with the
approved plan.
(2)
(a) Location. To minimize erosion, a primary
road is to be located, insofar as practical, on the most stable available
surfaces.
(b) Stream fords by
primary roads are prohibited unless they are specifically approved by the chief
as temporary routes during periods of construction.
(3) Stability. Each primary road embankment
shall have a minimum static safety factor of 1.3 or be designed in accordance
with paragraph (M)(2) of rule
1501:13-4-05
or paragraph (L)(2) of rule
1501:13-4-14
of the Administrative Code.
(4)
Drainage control.
(a) Each primary road shall
be designed, constructed or reconstructed, and maintained to have adequate
drainage control, using structures such as, but not limited to, bridges,
ditches, cross drains, and ditch relief drains. The drainage control system
shall be designed to pass the peak runoff safely from a ten-year, six-hour
precipitation event or greater event, as specified by the chief.
(b) Drainage pipes and culverts shall be
constructed to avoid plugging or collapse and erosion at inlets and
outlets.
(c) Drainage ditches shall
be designed to prevent uncontrolled drainage over the road surface and
embankment. Trash racks and debris basins shall be installed in the drainage
ditches where debris from the drainage area may impair the functions of
drainage and sediment control structures.
(d) Culverts shall be designed, installed,
and maintained to sustain the vertical soil pressure, the passive resistance of
the foundation, and the weight of vehicles using the road.
(e) Natural stream channels shall not be
altered or relocated without the prior approval of the chief in accordance with
rule
1501:13-9-04
of the Administrative Code.
(f)
Except as provided in paragraph (G)(2)(b) of this rule, drainage structures
for stream channel crossings
shall be made using bridges, culverts or other
structures designed, constructed, and maintained using current, prudent
engineering practices.
(5) Surfacing. Primary roads shall be
surfaced with rock, crushed gravel, asphalt, or other material approved by the
chief as being sufficiently durable for the anticipated volume of traffic and
the weight and speed of vehicles using the road.
(6) Maintenance. Routine maintenance of
primary roads shall include repairs to the road surface, blading, filling
potholes and adding replacement gravel or asphalt. It shall also include
revegtation, brush removal, and minor reconstruction of road segments as
necessary.
Effective: 1/17/2016
Five Year
Review (FYR) Dates: 11/02/2015 and
01/16/2021
Promulgated
Under: 119.03
Statutory
Authority: 1513.02
Rule
Amplifies: 1513.16
Prior
Effective Dates: 9/1/77, 8/28/78, 5/1/80, 8/16/82 (Emer.), 10/27/82, 10/1/88,
1/1/93