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: Used for transporting coal or spoil; Frequently used for access or other purposes for a period in excess of 6 months; or To be retained for an approved postmining land use. 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: 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; Control or prevent damage to fish, wildlife, or their habitat and related environmental values; Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area; Neither cause nor contribute to, directly or indirectly, the violation of State or federal water quality standards applicable to receiving waters; Refrain from seriously altering the normal flow of water in stream beds or drainage channels; 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 the U.S. Congress; and Use nonacid-forming and nontoxic-forming substances in road surfacing. All roads shall be removed and the land affected regarded and revegetated in accordance with the Regulatory Program unless: Retention of the road is approved as part of the approved postmining land use, or as being necessary to adequately control erosion; The necessary maintenance is assured; and All drainage is controlled. 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: The overall grade may not exceed 10:1 (10 percent); The maximum grade may not exceed 6.5:1 (15 percent); There may not be more than 300 feet of grade exceeding 10 percent within any consecutive 1,000 feet of a road but there may not be any grade over 15 percent. 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. Embankment sections shall be constructed in accordance with the provisions of this section: All vegetative material and topsoil shall be removed from the embankment foundation during construction to increase stability, and vegetative material or topsoil may not be placed beneath or in any road embankment. Each layer of the embankment shall be leveled and compacted before the succeeding layer is placed. Loads of material shall be leveled as placed and kept smooth. The successive layers shall be compacted evenly by routing the hauling and leveling equipment over the entire width of the embankment. This procedure shall be continued until no visible horizontal movement of the embankment material is apparent. Embankment slopes may not be steeper than 2:1, except that where the embankment material is a minimum of 85 percent rock, slopes may not be steeper than 1.5:1. The road surface shall be sloped toward the ditch line, at a minimum rate of 1/2 inch per foot of surface width, or crowned at a minimum rate of 1/2 inch per foot of surface width as measured from the centerline of the road. All material used in embankments shall be reasonably free of organic material, coal or coal blossom, frozen materials, wet or peat material, natural soils containing organic matter, or any other material considered unsuitable by the Bureau. Excess or unsuitable material from excavations, and acid- forming and toxic-forming material shall be disposed of as required by the Bureau. Acid-producing materials shall be permitted for constructing embankments for only those roads constructed or reconstructed on coal processing waste banks, and only if it has been demonstrated to the Bureau that no additional acid will leave the confines of the coal processing waste bank. Acid-bearing refuse material may not be used outside the confines of the coal processing waste bank. Each primary road embankment shall have a minimum static safety factor of 1.3. Each road embankment shall be constructed of fill material that contains sufficient moisture content to achieve proper compaction. A primary road embankment that is designed and constructed to meet the criteria of this section with an embankment slope not steeper than 2:1 and a foundation slope equal to or less than 25 percent shall be considered to meet the minimum static safety factor under §D(9) of this regulation. 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. Each primary road shall be designed, constructed or reconstructed, and maintained to have adequate drainage, using structures such as but not limited to bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to safely pass peak runoff from a 2-year, 24-hour precipitation event. Drainage pipes and culverts shall be installed as designed and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets. Drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment. Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road. 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. Culverts shall be designed to safely pass a 2-year, 24-hour precipitation event. The applicant shall be responsible for obtaining all other local, State, and federal permits pertaining to waterway crossings or obstructions. Drainage pipes and culverts shall be constructed to avoid plugging, collapse, or erosion at inlets and outlets. Culvert openings installed on the road may not be less than 12 inches in diameter. All culverts shall be covered by compacted fill to a minimum of 1 foot, or half the culvert diameter, whichever is greater. Culverts for road-surface drainage only shall be constructed in accordance with the following: Spacing may not exceed 1,000 feet on grades of 0 to 3 percent; Spacing may not exceed 800 feet on grades of 3 to 6 percent; Spacing may not exceed 300 feet on grades of 6 to 10 percent; Spacing may not exceed 200 feet on grades of 10 percent or greater; Culverts at closer intervals than the maximum listed above shall be installed if required by the Bureau as appropriate for the erosive properties of the soil or to accommodate flow from small intersecting drainages; Culverts may be constructed at greater intervals than the maximum if authorized by the Bureau upon a finding that greater spacing will not increase erosion; The inlet end shall be protected by a rock headwall or other material approved by the Bureau as adequate protection against erosion of the headwall. The water shall be discharged below the toe of the fill through conduits or in riprapped channels and may not be discharged onto the fill. If it is necessary to control sediment, culverts shall have a vertical riser on the inlet end. The top of the riser shall be lower than the centerline of the road to ensure adequate freeboard (a minimum of 1 foot is recommended). These structures shall be maintained and cleaned out when the sediment reaches 60 percent of their capacity. 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: The natural channel drainage is not blocked; No significant damage occurs to the hydrologic balance; and There is no adverse impact on adjoining landowners. 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. 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 after it is no longer needed for mining and reclamation operations. This reclamation shall include: 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. Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed, and maintained, and the area restored in order to: 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: Damage to fish, wildlife, and related environmental values. To the extent possible, 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. 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. Environment Article, §15-503, Annotated Code of Maryland Effective date: Regulations .01—.07 and .08—.09 were previously codified as COMAR 08.13.09.22A—G and V—W, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01. Chapter recodified from COMAR 08.20.19 to COMAR 26.20.19, June 1996 Chapter revised effective February 5, 2001 (28:2 Md. R. 105)