Current through Vol. 42, No. 1, September 16, 2024
(a)
Road Classification system.
(1)
Each road, as defined in Section
460:20-3-5 of this
Chapter 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 spill;
(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) An
ancillary road is any road not classified as a primary road.
(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 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 or
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 Parks 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 Acts of
Congress;
(7) Use non-acid-and
nontoxic-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, any necessary design
criteria established by the Department.
(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 Department in accordance with applicable Sections
460:20-43-8,
through
460:20-43-10, and
460;20-43-16 of this Chapter.
(2)
Roads shall be located to minimize downstream sedimentation and
flooding.
(3) Relocation of a
public road shall comply with
460:20-43-14(a)(14).
(e)
Maintenance.
(1) A Road shall be maintained to meet the
performance standards of this Subchapter and any additional criteria specified
by the Department.
(2) A road
damaged by a catastrophic event, such as a flood or earthquake, shall be
repaired as soon as practicable after the damage has occurred.
(f)
Reclamation. A
road not to be retained under an approved postmining land use shall be
reclaimed in accordance with the approved reclamation plan as soon as
practicable and 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 postmining land
use;
(3) Removing or otherwise
disposing of road-surfacing materials that are incompatible with postmining
land use vegetation requirements.
(4) Reshaping cut and fill slopes as
necessary to be compatible with the postmining land use and to complement the
natural drainage pattern of the surrounding terrain;
(5) Protecting the natural drainage patterns
by installing dikes and cross drains as necessary to control surface runoff and
erosion; and
(6) scarifying and
ripping the roadbed; repairing topsoil or substitute material, and revegetating
disturbed surfaces in accordance with Sections
460:20-43-7
and 460:43-43, through
460:20-43-46
of this Chapter.
Amended at 12 Ok Reg
3592, eff 10-12-95; Amended at 21 Ok Reg 2979, eff
7-26-04
