Current through Register Vol. 41, No. 3, September 23, 2024
(a) Road
classification system.
(1) Each road, as
defined in 4VAC25-130-700.5, shall be classified as either a primary road or an
ancillary road.
(2) A primary road
is any road which is--
(i) Used for
transporting coal or spoil;
(ii)
Frequently used for access or other purposes for a period in excess of six
months; or
(iii) 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 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 significantly 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 use, 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 division.
(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 division in accordance with the applicable portions of 4VAC25-130-817.41
through 4VAC25-130-817.43 and 4VAC25-130-817.57.
(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 Part and any additional criteria specified by the
division.
(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.
(1) 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:
(i) Closing the road to traffic;
(ii) Removing all bridges and culverts unless
approved as part of the postmining land use;
(iii) Removing or otherwise disposing of
road-surfacing materials that are incompatible with the postmining land use and
revegetation requirements;
(iv)
Reshaping cut and fill slopes as necessary to be compatible with the
post-mining land use and to complement the drainage pattern of the surrounding
terrain;
(v) Protecting the natural
drainage patterns by installing dikes or cross drains as necessary to control
surface runoff and erosion. A water bar shall be placed at the head of all
pitched grades regardless of other spacing. Water bars shall cross the road at
approximately a 30 degree angle. Water bars of the ditch and earth berm type
shall be installed according to the following provisions:
| Percent of Road Grade |
Spacing of Water Bars in Feet |
| 0 - 2 |
250 |
| 3 - 5 |
135 |
| 6 - 10 |
80 |
| 11 - 15 |
60 |
| 15+ |
40 |
(vi) Scarifying or ripping the roadbed;
replacing topsoil or substitute material, and revegetating disturbed surfaces
in accordance with 4VAC25-130-817.22 and 4VAC25-130-817.111 through
4VAC25-130-817.116.
(2)
Roads which are to be retained as part of an approved post-mining land use
shall be constructed or reconstructed to be compatible with that use.
Construction or reconstruction shall include:
(i) Restoring an existing road to a condition
equal to or better than its pre-mining condition; and
(ii) Meeting the requirements of
4VAC25-130-817.151 as appropriate.
(g) The division may approve alternative
specifications if they are demonstrated to result in performance equal to or
better than that resulting from roads complying with 4VAC25-130-817.150 and
4VAC25-130-817.151.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
