Chapter 19. Roads

Each road, as defined in COMAR 26.20.01.02B(82), shall be classified as either a primary road or an ancillary road.

A primary road is any road which is:

An ancillary road is any road not classified as a primary road.

Each person who conducts surface mining activities shall locate, design, construct or reconstruct, utilize, and maintain roads and restore the area to meet the requirements of the Regulatory Program to:

All roads shall be removed and the land affected regarded and revegetated in accordance with the Regulatory Program unless:

The plans and drawings for primary roads shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer as meeting the requirements of this chapter and any prudent engineering practices.

The construction or reconstruction of primary roads shall be certified in a report to the Bureau by a qualified registered professional engineer. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.

Primary roads shall be located, insofar as possible, on the most stable available areas to minimize erosion.

No part of any roads may be located in the channel of an intermittent or perennial stream unless specifically approved by the Bureau in accordance with the applicable requirements of COMAR 26.20.20 and COMAR 26.20.21.02—.04.

Stream fords on perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Bureau as temporary routes during periods of construction.

Roads shall be located to minimize downstream sedimentation and flooding.

Seeding of Disturbed Area. All areas disturbed in the construction of the road, including all cut and fill slopes, shall be seeded and mulched at the earliest possible time during the first planting season after construction.

Primary roads shall be designed and constructed or reconstructed in compliance with the standards of this regulation in order to control subsequent erosion and disturbance of the hydrologic balance.

Vertical Alignment. Maximum road grades shall be as follows:

Road Cuts. Cut slopes may not be steeper than 1.5:1 in unconsolidated materials or 0.25:1 in rock, except that steeper slopes may be authorized by the Bureau.

Road Embankments.

Topsoil Removal. Before initiation of construction or reconstruction of a road, topsoil shall be removed from the design roadbed, shoulders, and surfaces where associated structures will be placed and handled in accordance with COMAR 26.20.25.02.

General.

Ditches. A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut-and-fill section, with ditch relief cross drains spaced according to a grade. Water shall be intercepted before reaching a switchback or large fill and drained safely away. Water from a fill or switchback shall be released below the fill, through conduits or in riprapped channels, and may not be discharged onto the fill. Drainage ditches shall be placed at the toe of all cut slopes formed by the construction of roads.

Culverts.

Natural Drainage. Natural channel drainageways may not be altered or relocated for road construction or reconstruction without the prior approval of the Bureau. The Bureau may approve alterations and relocations only if:

Stream Crossings. Drainage structures are required for stream channel crossings. Drainage structures may not affect the normal flow of gradient of the stream, or adversely affect fish migration and aquatic habitat or related environmental values. The applicant shall be responsible for obtaining all other local, State, and federal permits pertaining to waterway crossings or obstructions.

Roads shall be surfaced with material approved by the Bureau as sufficiently durable for the anticipated volume of traffic, and weight and speed of vehicles to be used.

Acid-forming or toxic-forming substances may not be used in road surfacing.

Roads and related structures shall be maintained in such a manner that the required or approved design standards are met throughout their entire period of use.

Access and haul roads shall be maintained to eliminate water accumulation on the surface, rutting, and dust.

Ditches, culverts, drains, debris basins, and any sediment control structure may not be blocked in any manner that impedes drainage or adversely affects the intended purpose of the structure.

A road damaged by a catastrophic event, such as a flood, shall be repaired as soon as is practicable after the damage has occurred.

Closing the road to traffic;

Removing all bridges and culverts, unless approved as part of the postmining land use;

Removing or disposing of road surfacing materials that are incompatible with the postmining land use and revegetation requirements;

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;

Protecting the natural drainage pattern by installing dikes or cross drains, as necessary, to control surface runoff and erosion; and

Scarifying or ripping the roadbed, replacing topsoil or substitute material, and revegetating disturbed surfaces.

Prevent damage to fish, wildlife, and related environmental values;

Prevent additional contributions of suspended solids to streamflow or runoff outside the permit area; any contributions may not be in excess of the effluent limitations of the Regulatory Program;

Control and minimize diminution or degradation of water quality and quantity;

Control and minimize erosion and siltation;

Control and minimize air pollution;

Prevent damage to public or private property.

Support facilities required for, or used incidental to, the operation of the mine, including but not limited to mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment-storage facilities, fan buildings, preparation plants, sheds, shops, and other buildings, shall be designed, constructed or reconstructed, and located to prevent or control erosion and siltation, water pollution, and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained, and used in a manner which prevents:

All surface mining activities shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless approved by the owner of those facilities and the Bureau.