Section 11-8-2.5-53-53111 - Roads: General(a) Road Classification System(1) Each road, as defined in § 105, 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 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 post-mining land use.(3) An ancillary road is any road not classified as a primary road.(4) A limited use vehicular pathway is not classified as a road if it meets all the following:(i) the pathway has no improved roadbed, which means it has no constructed crown, compacted base, roadway ditches, or surface material added to enhance use as a pathway which precludes vegetation;(ii) the pathway has no bridges or other cross-drainage structures;(iii) the pathway is not located in and/or does not cross or ford any channel of an intermittent or perennial stream;(iv) the pathway has only limited clearing, if any, of woody vegetation, typically wide enough only for the safe passage of one vehicle;(v) the pathway is located so as to control erosion and siltation; and(vi) maintenance of the pathway is limited to maintenance consisting only of the occasional filling of potholes and ruts in order to remain passable.(5) A limited use vehicular pathway:(i) shall be reclaimed with vegetation sufficient to prevent erosion prior to phase II bond release;(ii) along with the area it disturbs, is a mining related activity and must be covered by an appropriate reclamation bond;(iii) will be reclassified as a road if upgraded by construction activities such as blading, construction, placement of a compacted surface, cut and fill of the natural grade, construction of drainage ditches or low water crossings, or installation of drainage structures. The submittal and approval of plans and drawings required by these regulations must be completed prior to the upgrading of a limited use vehicular pathway.(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 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 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 nonacid- 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, and 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 Permit Board in accordance with applicable §§ 5313 -5343.(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 Section and any additional criteria specified by the Permit Board.(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.(f) Reclamation. 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:(1) closing the road to traffic;(2) removing all bridges and culverts unless approved as part of the post-mining land use;(3) removing or otherwise disposing of road-surfacing materials that are incompatible with the post-mining land use and revegetation requirements;(4) reshaping cut and fill slopes as necessary to be compatible with the post-mining land use and to complement the natural drainage pattern of the surrounding terrain;(5) protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface runoff and erosion; and(6) scarifying or ripping the roadbed; replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with §§ 5309-5311 and 5397-53103.11 Miss. Code. R. § 8-2.5-53-53111