Mo. Code Regs. tit. 10 § 40-3.140

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 40-3.140 - Road and Other Transportation Requirements

PURPOSE: This rule sets forth road and other transportation requirements pursuant to section 444.810, RSMo.

PUBLISHER'S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

(1) Roads-Class I-General.

(A) Each person who conducts surface mining activities shall locate, design, construct or reconstruct, utilize and maintain Class I roads and reclaim the area to meet the requirements of sections (2)-(7) of this rule and to control or prevent erosion; siltation; 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; and water pollution and damage to public or private property.

(B) To the extent possible using the best technology currently available, Class I roads shall not cause damage to fish, wildlife and related environmental values and shall not cause additional contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions shall not be in excess of limitations of state or federal law.

(C) All Class I roads shall be removed and the land affected regraded and revegetated in accordance with the requirements of section (7) of this rule unless-

1. Retention of the road is approved as part of the approved postmining land use or as being necessary to adequately control erosion;

2. The necessary maintenance is assured; and

3. All drainage is controlled according to section (4) of this rule.

(D) Class I Roads General Design.

1. The design and construction or reconstruction of Class I and II roads shall be certified by a qualified registered professional engineer in accordance with sections (2)-(7) of this rule. Construction or reconstruction of Class I roads must be certified in a report to the director. The report shall indicate that the Class I road has been constructed or reconstructed as designed and in accordance with the approved plan.

2. The design shall incorporate the demand for mobility and travel efficiency based on geometric criteria both horizontal and vertical, appropriate for the anticipated volume of traffic and weight and speed of vehicles to be used.

(2) Roads-Class I-Location.

(A) Class I roads shall be located, insofar as possible, on ridges or on the most stable available slopes to minimize erosion.

(B) No part of any Class I road shall be located in the channel of an intermittent or perennial stream unless specifically approved in the permit and plan.

(C) Stream fords are prohibited unless they are specifically approved in the permit and plan as temporary routes during periods of construction. The fords shall not adversely affect stream sedimentation or fish, wildlife and related environmental values. All other stream crossings shall be made using bridges, culverts or other structures designed, constructed and maintained to meet the requirements of section (4) of this rule.

(D) Class I roads shall be located to minimize downstream sedimentation and flooding.

(3) Roads-Class I-Design and Construction. Class I roads shall be designed and constructed or reconstructed in compliance with the following standards in order to control subsequent erosion and disturbance of the hydrological balance:

(A) Vertical Alinement. Except where lesser grades are necessary to control site-specific conditions, maximum road grades shall be as follows:

1. The overall grade shall not exceed 1v:10h (10%);

2. The maximum pitch grade shall not exceed 1v:6.5h (15%); and

3. There shall be not more than three hundred feet (300') of pitch grade exceeding ten percent (10%) within any consecutive one thousand feet (1000') of Class I roads, but in no case shall there be any pitch grade over fifteen percent (15%);

(B) Horizontal Alinement. Class I roads shall have horizontal alinement as consistent with the existing topography as possible and shall provide the alinement required to meet the performance standards of sections (1)-(7) of this rule. The alinement shall be determined in accordance with the anticipated volume of traffic, and weight and speed of vehicles to be used. Horizontal and vertical aline-ment shall be coordinated to ensure that one will not adversely affect the other and to ensure that the road will not cause environmental damage;

(C) Road Cuts.

1. Cut slopes shall not be steeper than specifically authorized in the permit and plan which shall not authorize slopes steeper than 1v:1.5h in unconsolidated materials or 1v:0.25h in rock, except that steeper slopes may be specifically authorized in the permit and plan if geotechnical analysis demonstrates that a minimum safety factor of one and five-tenths (1.5) can be maintained.

2. Topsoil or other materials suitable under 10 CSR 40-3.030(2) shall be placed on all cut slopes of 1v:1.5h or flatter to aid in establishing vegetation and to minimize erosion. Topsoil depth shall be adequate to support vegetation necessary to control erosion.

3. Temporary erosion-control measures shall be implemented during construction to minimize sedimentation and erosion until permanent control measures can be established;

(D) Road Embankments. Embankment sections shall be constructed in accordance with the following provisions:

1. All vegetative material and topsoil shall be removed from the embankment foundation during construction to increase stability and no vegetative material or topsoil shall be placed beneath or in any Class I road embankment;

2. Where an embankment is to be placed on side slopes exceeding 1v:5h (20%), the existing ground shall be plowed, stepped or; if in bedrock, keyed in a manner which increases the stability of the fill. The keyway shall be a minimum of ten feet (10') in width and shall extend a minimum of two feet (2') below the toe of the fill;

3. Material containing by volume less than twenty-five percent (25%) of rock larger than six inches (6") in greatest dimension shall be spread in successive uniform layers not exceeding twelve inches (12") in thickness before compaction;

4. Where the material for an embankment consists of large size rock, broken stone or fragmented material that makes placing it in twelve-inch (12") layers impossible under paragraph (3)(D)3. of this rule, the embankment shall be constructed in uniform layers not exceeding in thickness the approximate average size of the rock used, but the layers shall not exceed thirty-six inches (36") in thickness. Rocks shall not be dumped in final position but shall be distributed by blading or dozing in a manner that will ensure proper placement in the embankment, so that voids, pockets and bridging will be reduced to a minimum. The final layer of the embankment shall meet the requirements of paragraph (3)(D)3. of this rule;

5. Each layer of the embankment shall be completed, 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 evenly compacted 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;

6. Embankment layers shall be compacted as necessary to ensure that the embankment is adequate to support the anticipated volume of traffic and weight and speed of vehicles to be used. In selecting the method to be used for placing embankment material, consideration shall be given in the design to factors such as the foundation, geological structure, soils, type of construction and equipment to be used. A structural and foun-dational analysis shall be performed to establish design standards for embankment stability appropriate to the site. Publications of the American Association of State Highway and Transportation Officers (AASHTO) including AASHTO T-99, T-180, T-191 and the modified AASHTO test or other specifications generally recognized by transportation engineers as adequate for design of highway embankments, shall be used to determine the degree of compaction required, on the basis of soil type and the anticipated volume of traffic and weight and speed of vehicles to be used and are incorporated in this rule by reference. Compaction effort shall be adequate to achieve the degree of compaction required. No lift shall be placed on a layer until the design density is achieved throughout the layer. AASHTO specifications such as T-99, T-180, the modified AASHTO test or other comparable specifications approved in the permit and plan shall be used as guidelines for the determination of the maximum dry density for granular materials;

7. Material shall be placed in an embankment only when its moisture content is within acceptable levels to achieve design compaction;

8. Embankment slopes shall not be steeper than 1v:2h, except that where the embankment material is a minimum of eighty-five percent (85%) rock, slopes shall not be steeper than 1v:1.35h if it has been demonstrated that embankment stability will result. Where rock embankments are constructed, they shall meet the requirements of paragraph (3)(D)4. of this rule;

9. The minimum safety factor for all embankments shall be one and three-tenths (1.3) or a higher factor as the permit and plan may specify;

10. The road surface shall be sloped toward the ditch line at a minimum rate of one-quarter inch (1/4") per foot of surface width or crowned at a minimum rate of width as measured from the centerline of the road;

11. All material used in embankments shall be suitable for use under paragraphs (3)(D)1.-8. of this rule. The material 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 in the permit and plan for use in embankment construction;

12. Excess or unsuitable material from excavations, as defined in paragraph (3)(D)11. of this rule, shall be disposed of in accordance with 10 CSR 40-3.060(1). Acid-and toxic-forming material shall be disposed of in accordance with 10 CSR 40-3.040(8), 10 CSR 40-3.080(1) and 10 CSR 40- 3.110(3);

13. Acid-producing materials shall be permitted for constructing embankments for only those Class I roads constructed or reconstructed on coal processing waste banks and only if it has been demonstrated that no additional acid will leave the confines of the coal processing waste bank. In no case shall acid-bearing refuse material be used outside the confines of the coal processing waste bank. Restoration of the road shall be in accordance with the requirements of 10 CSR 40-3.110(3)-(6) and 10 CSR 40-3.120(1)-(7);

14. Topsoil or other material suitable under 10 CSR 40-3.030(2) shall be placed on all embankment slopes of 1v:1.5h or flatter to aid in establishing vegetation and to minimize erosion. Topsoil material depth shall be adequate to support vegetation and to prevent erosion; and

15. Temporary erosion-control measures shall be incorporated during construction to control sedimentation and minimize erosion until permanent control measures can be established; and

(E) Topsoil Removal. Before initiation of construction or reconstruction of a Class I road, topsoil and other materials, as determined under 10 CSR 40-3.030(2), shall be removed from the design roadbed, shoulders and surfaces where associated structures will be placed and shall be stored in accordance with 10 CSR 40-3.030(3).

(4) Roads-Class I-Drainage.

(A) General.

1. Each Class I road shall be designed, constructed or reconstructed and maintained to have adequate drainage, using structures such as, but not limited to, ditches, cross drains and ditch relief drains. The water control system shall be designed to safely pass the peak runoff from a ten (10)-year, (24)-hour precipitation event or a greater event if required in the permit and plan.

2. Sediment control shall comply with 10 CSR 40-3.040(2) and (5).

3. Vegetation shall not be cleared for more than the width necessary for road and associated ditch construction, to serve traffic needs and for utilities.

(B) Ditches.

1. 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 grade. Water shall be intercepted before reaching a switchback or large fill and drained safely away in accordance with this section. Water from a fill or switchback shall be released below the fill, through conduits or in riprapped channels and shall not be discharged onto the fill. Drainage ditches shall be placed on the toe of all cut slopes formed by the construction of roads.

2. On the flat sections of Class I roads where rolling topography is insufficient to provide natural ditch drainage, the road grade shall be undulated to provide for free flow of water in the ditch section. Road sections may be constructed to elevate the road surface above the original ground surface to facilitate drainage.

(C) Culverts and Bridges.

1. Culvert design.

A. Culverts with an end area of thirty-five (35) square feet or less shall be designed to safely pass the ten (10)-year, twenty-four (24)-hour precipitation event without a head of water at the entrance. Culverts with an end area greater than thirty-five (35) square feet and bridges with spans of thirty feet (30') or less, shall be designed to safely pass the twenty (20)-year, twenty-four (24)-hour precipitation event. Bridges with spans of more than thirty feet (30') shall be designed to safely pass the one hundred (100)-year, twenty-four (24)-hour precipitation event or a larger event as specified by the permit and plan.

B. Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

C. Trash racks and debris basins shall be installed in the drainage ditches wherever debris from the drainage ditches could impair the functions of drainage and sediment-control structures.

D. All culverts shall be covered by compacted fill to a minimum depth of one foot (1').

E. Culverts shall be designed, constructed and maintained to sustain the vertical soil pressure the passive resistance of the foundation and the weight of vehicles to be used.

2. Culverts for road-surface drainage only shall be constructed in accordance with the following:

A. Unless otherwise authorized or required under subparagraph (4)(C)2.B. or C. of this rule, culverts shall be spaced as follows. Spacing shall not exceed:

(I) One thousand feet (1000') on grades of zero percent to three percent (0%-3%);

(II) Eight hundred feet (800') on grades of three percent to six percent (3%-6%);

(III) Five hundred feet (500') on grades of six percent to ten percent (6%-10%); and

(IV) Three hundred feet (300') on grades of ten percent (10%) or greater;

B. Culverts at closer intervals than the maximum in subparagraph (4)(C)2.A. of this rule shall be installed if required in the permit and plan as appropriate for the erosive properties of the soil or to accommodate flow from small intersecting drainages;

C. Culverts may be constructed at greater intervals than the maximum indicated in subparagraph (4)(C)2.A. of this rule if authorized in the permit and plan upon a finding that greater spacing will not increase erosion;

D. Culverts shall cross the road at not less than a thirty degree (30^o) angle downgrade;

E. Culverts may be designed to carry less than the peak runoff from a ten (10)-year, twenty-four (24)-hour precipitation event if the ditch will not overtop and will remain stable; and

F. The inlet end shall be protected by a rock headwall or other material approved in the permit and plan 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 shall not be discharged onto the fill.

(D) Natural Drainage. Natural channel drainageways shall not be altered or relocated for road construction or reconstruction without prior approval in the permit and plan in accordance with 10 CSR 40-3.040(3) and (4). Alterations and relocations may be approved in the permit and plan only if-

1. The natural channel drainage is not blocked;

2. No significant damage occurs to the hydrologic balance; and

3. There is no adverse impact on adjoining landowners.

(E) Stream Crossings. Drainage structures are required for stream channel crossing. Drainage structures shall not affect the normal flow or gradient of the stream, or adversely affect fish migration and aquatic habitat or related environmental values.

(5) Roads-Class I-Surfacing.

(A) Class I roads shall be surfaced with rock, crushed gravel, asphalt or other material approved in the permit and plan as sufficiently durable for the anticipated volume of traffic, and weight and speed of vehicles to be used.

(B) Acid- or toxic-forming substances shall not be used in road surfacing.

(6) Roads-Class I-Maintenance.

(A) Class I roads shall be maintained in a manner that the required or approved design standards are met throughout the life of the entire transportation facility including surface, shoulders, parking and side areas, approach structures, erosion control devices, cut-and-fill sections and traffic-control devices as are necessary for safe and efficient utilization of the road.

(B) Class I road maintenance shall include repairs to the road surface, blading, filling of potholes and replacement of gravel or asphalt. It shall include revegetating, brush removal, watering for dust control and minor reconstruction of road segments as necessary.

(C) Class I roads damaged by catastrophic events, such as floods or earthquakes, shall not be used until reconstruction of damaged road elements. The reconstruction shall be completed as soon as practicable after the damage has occurred.

(D) A road shall be maintained to meet the performance standards applicable in this rule and any additional criteria specified by the regulatory authority.

(7) Roads-Class I-Restoration.

(A) Unless the retention of a Class I road is approved in the permit and plan, as suitable for the approved postmining land use, immediately after the road is no longer needed for operations, reclamation or monitoring-

1. The road shall be closed to vehicular traffic;

2. The natural drainage patterns shall be restored;

3. All bridges and culverts shall be removed;

4. Roadbeds shall be ripped, plowed and scarified;

5. Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to meet natural drainage restoration standards;

6. Cut slopes shall be shaped to blend with the natural contour;

7. Cross drains, dikes and water bars shall be constructed to minimize erosion;

8. Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-term stability in cut-and-fill slopes; and

9. Road surfaces shall be covered with topsoil in accordance with 10 CSR 40-3.030(4)(B) and revegetated in accordance with 10 CSR 40-3.120(1)-(6).

(B) Unless otherwise authorized in the permit and plan, all road surfacing materials shall be removed, hauled or conveyed and disposed of under 10 CSR 40-3.080(8).

(8) Roads-Class II-General.

(A) Each person who conducts surface mining activities shall locate, design, construct or reconstruct, utilize and maintain Class II roads and reclaim the area to meet the requirements of sections (9)-(14) of this rule and to control or prevent erosion; silta-tion; 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; and water pollution and damage to public or private property.

(B) To the extent possible using the best technology currently available, Class II roads shall not cause damage to fish, wildlife and related environmental values and shall not cause additional contributions to suspended solids to streamflow or to runoff outside the permit area. These contributions shall not be in excess of limitations of state or federal law.

(C) All Class II roads shall be removed and the affected land regraded and revegetated in accordance with the requirements of section (14) of this rule, unless-

1. Retention of the road is approved as part of the approved postmining land use or as being necessary to control erosion adequately;

2. The necessary maintenance is assured; and

3. All drainage is controlled according to section (11) of this rule.

(D) Class II Roads General Design.

1. The design and construction or reconstruction of Class II roads shall be certified by a registered professional engineer in accordance with sections (9)-(12) of this rule. Construction or reconstruction of Class II roads must be certified in a report to the director. The report shall indicate that the Class II road has been constructed or reconstructed as designed and in accordance with the approved plan.

2. The design shall incorporate consideration of the needs of the specific uses of the road in addition to travel efficiency. To the extent that the anticipated volume of traffic or weight or speed of vehicles to be used requires higher standards than those set forth in sections (9)-(14) of this rule, those higher standards shall be incorporated in the design, construction or reconstruction and maintenance of Class II roads.

(9) Roads-Class II-Location.

(A) Class II roads shall be located, as far as possible, on ridges or on the most stable available slopes to minimize erosion.

(B) No part of any Class II road shall be located in the channel of an intermittent or perennial stream unless specifically approved in the permit and plan.

(C) Stream fords are prohibited unless they are specifically approved in the permit and plan as temporary routes during periods of construction. The fords shall not adversely affect stream sedimentation or fish, wildlife and related environmental values. All other stream crossings shall be made using bridges, culverts or other structures, designed, constructed and maintained to meet the requirements of section (11) of this rule.

(D) Class II roads shall be located to minimize downstream sedimentation and flooding.

(10) Roads-Class II-Design and Construction. Class II roads shall be designed and constructed or reconstructed in compliance with the following standards in order to control subsequent erosion and disturbance of the hydrologic balance:

(A) Vertical Alinement. A continuous grade with excessive cuts or embankments shall be avoided. Changes of grade shall be made to conform as closely as possible to the existing terrain and maximum road grades shall be as follows:

1. The overall grade shall not exceed 1v:10h (10%);

2. The pitch grade shall not exceed 1v:6.5h (15%), for any consecutive one thousand feet (1000'); and

3. The pitch grade exceeding fifteen percent (15%) shall not be longer than three hundred feet (300') within any consecutive one thousand feet (1000') of Class II roads;

(B) Horizontal Alinement. Class II roads shall have horizontal alinement as consistent with the existing natural topography as possible and shall provide the alinement required for the performance standards of sections (8)-(14) of this rule. The alinement shall be determined in accordance with the anticipated volume of traffic and weight and speed of vehicles to be used. Horizontal and vertical alinement shall be coordinated to ensure that one will not adversely affect the other and to ensure that the road will not cause environmental damage;

(C) Road Cuts. Cut slopes shall not be steeper than specifically authorized in the permit and plan, which shall not authorize slopes steeper than 1v:1.5h in unconsolidated materials or 1v:0.25h in rock, except that steeper slopes may be specifically authorized in the permit and plan if geotechnical analysis demonstrates that a minimum safety factor of one and five-tenths (1.5) can be maintained.

1. Topsoil or other materials suitable under 10 CSR 40-3.030(2) shall be placed on all cut slopes of 1v:1.5h or flatter to aid in establishing vegetation and to minimize erosion. Topsoil depth shall be adequate to support vegetation necessary to minimize erosion.

2. Temporary erosion control measures shall be implemented during construction to minimize sedimentation and erosion until permanent control measures can be established;

(D) Road Embankments. Embankment sections shall be constructed in accordance with the following provisions:

1. All vegetative material and topsoil shall be removed from the embankment foundation to increase stability and no vegetative material or topsoil shall be placed beneath or in any Class II road embankment;

2. Where any embankment is to be placed on side slopes exceeding 1v:3h (33%), the existing ground shall be plowed, stepped or if in rock, keyed in a manner which increases the stability of the fill. The keyways shall be a minimum of ten feet (10') in width and shall begin at the toe of the fill. No material shall be placed below the toe or be allowed to slide below the toe. For slopes of less than 1v:3h (33%), the slopes shall be scarified to ensure bonding of the embankment and natural material;

3. Material containing by volume less than twenty-five percent (25%) of rock larger than six inches (6") in greatest dimension shall be spread in successive uniform layers not exceeding twelve inches (12") in thickness before compaction;

4. Where the material for an embankment consists of large size rock, broken stone or fragmented material that makes placing in twelve-inch (12") layers impossible under paragraph (10)(D)3. of this rule, the embankment shall be constructed in uniform layers not exceeding in thickness the approximate average size of the rock used but, the layers shall not exceed thirty-six inches (36") in thickness. Rock shall not be dumped in final position, but shall be distributed by blading or dozing in a manner that will ensure proper placement in the embankment, so that voids, pockets and bridging will be reduced to a minimum. The final layer of the embankment shall meet the requirements of paragraph (10)(D)3. of this rule;

5. Each layer of the embankment shall be completed, leveled and compacted before the succeeding layer is placed. Embankment 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;

6. Compaction greater than that specified in paragraph (10)(D)5. of this rule shall be performed to the extent necessary to ensure stability;

7. Material shall be placed in an embankment under moisture content conditions which will permit compaction and ensure proper soil cohesion;

8. Embankment slopes shall not be steeper than 1v:1.5h, except that if the embankment material is a minimum of eighty-five percent (85%) rock, slopes shall not be steeper than 1v:1.35h if it has been demonstrated that embankment stability will result. Where rock embankments are constructed, they shall meet the requirements of paragraph (10)(D)4. of this rule;

9. The minimum safety factor for all embankments shall be one and three-tenths (1.3) or a higher factor as may be specified in the permit or plan;

10. The road surface shall be sloped sufficiently to prevent ponding of water on the surface;

11. All material used in embankments shall be suitable for use under paragraphs (10)(D)1.-8. of this rule. The material shall be reasonably free of organic material, coal or coal blossom, frozen materials, wet or peat material or natural soils containing organic matter or any other material considered unsuitable for use in embankment construction in the permit and plan;

12. Excess or unsuitable material from excavations, as defined in paragraph (10)(D)11. of this rule, shall be disposed of in accordance with 10 CSR 40-3.040(8), 10 CSR 40-3.060(1), 10 CSR 40-3.080(1) and 10 CSR 40-3.110(3);

13. Topsoil or other material suitable under 10 CSR 40-3.030(2) shall be placed on all embankment slopes of 1v:1.5h or flatter to aid in establishing vegetation to minimize erosion. Topsoil material depth shall be adequate to support vegetation and to minimize erosion; and

14. Temporary erosion control measures shall be incorporated during construction to control sedimentation and minimize erosion until permanent control measures can be established; and

(E) Topsoil Removal. Before initiation of construction or reconstruction of a Class II road, topsoil and other materials, as determined under 10 CSR 40-3.030(2), shall be removed from the design roadbed, shoulders and surfaces where associated structures will be placed and shall be stored in accordance with 10 CSR 40-3.030(3).

(11) Roads-Class II-Drainage.

(A) General.

1. Each Class II road shall be designed, constructed or reconstructed and maintained to have adequate drainage, using structures such as ditches in wet areas, cross drains in natural drainageways, surface dips and stream crossings. The water control system shall be designed to safely pass the peak runoff from a ten (10)-year, twenty-four (24)-hour precipitation event or a greater event if required in the permit and plan.

2. Sediment control shall comply with 10 CSR 40-3.040(2) and (5).

(B) Ditches and Alternative Measures for Roadbed Erosion Control. Where required to minimize erosion on the roadbed, ditches shall be designed and constructed in accordance with subsection (4)(B) of this rule. In wet areas or where there is free water, these ditch sections shall be required. For every segment of a Class II road without drainage ditches which comply with subsection (4)(B) of this rule, drainage shall be provided by surface dips. These drainage dips shall be constructed as undulations in the roadway of sufficient height from the hydraulic bottom to the top of the dip to prevent water from running down the surface of the road. Insloped dips shall discharge into a culvert or drop inlet. Outsloped dips shall discharge either onto the natural ground or onto embankments if a drain is provided. The bottom of the dip shall be rock surfaced to prevent erosion. Dip spacing shall be sufficient to minimize erosion of the road surface.

(C) Culverts and Bridges.

1. Culvert design.

A. Culverts with an end area of thirty-five (35) square feet or less shall be designed to safely pass the ten (10)-year, twenty-four (24)-hour precipitation event without a head of water at the entrance. Culverts with an end area of greater than thirty-five (35) square feet and bridges with spans of thirty feet (30') or less, shall be designed to safely pass the twenty (20)-year, twenty-four (24)-hour precipitation event. Bridges with spans of more than thirty feet (30') shall be designed to safely pass the one hundred (100)-year, twenty-four (24)-hour precipitation event or larger event as specified in the permit and plan.

B. Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

C. Culverts shall be covered by compacted fill to minimum depth of one foot (1').

D. Culverts shall be designed, constructed and maintained to sustain the vertical soil pressure, the passive resistance of the road foundation and the weight of vehicles to be used.

2. Culverts or dips for road-surface drainage only shall be constructed in accordance with the following:

A. Unless otherwise authorized or required under subparagraph (11)(C)2.B. or C. of this rule, culverts and dips shall be spaced as follows. Spacing shall not exceed:

(I) One thousand feet (1000') on grades of zero percent to three percent

(0%-3%);

(II) Six hundred feet (600') on grades of three percent to six percent

(3%-6%);

(III) Four hundred feet (400') on grades of six percent to ten percent (6%-10%); and

(IV) Two hundred feet (200') on grades of ten percent (10%) or greater;

B. Surface dips or culverts at closer intervals than the maximum indicated in sub-paragraph (11)(C)2.A. of this rule shall be installed if required in the permit and plan as appropriate for the erosive properties of the soil or to accommodate flow from small intersecting drainages;

C. Surface dips or culverts may be constructed at greater intervals than the maximum indicated in subparagraph (11)(C)2.A. of this rule if authorized in the permit and plan upon a finding that greater spacing will not increase erosion;

D. Culverts and the bottoms of drainage dips shall cross the road at not less than a thirty degree (30^o) angle downgrade;

E. A culvert may be designed to carry less than the peak runoff from a ten (10)-year, twenty-four (24)-hour precipitation event if the ditch will not overtop and will remain stable; and

F. The inlet end of all culverts shall be protected by a rock headwall or other material approved in the permit and plan as adequate protection against erosion of the head-wall. The water shall be discharged below the toe of the fill through conduits or in riprapped channels and shall not be discharged onto the fill.

(D) Natural Drainage. Natural channel drainageways shall not be altered or relocated for road construction or reconstruction without the prior approval in the permit and plan in accordance with 10 CSR 40-3.040(3) and (4). The permit and plan may approve alterations and relocations only if-

1. channel drainage is not blocked;

2. No significant degradation occurs to the hydrologic balance; and

3. There is no adverse impact on adjoining landowners.

(E) Stream Crossings. Drainage structures are required for stream channel crossings. Drainage structures shall not affect the normal flow or gradient of the stream, or adversely affect fish migration or aquatic habitat or related environmental values.

(12) Roads-Class II-Surfacing.

(A) Class II roads shall be surfaced with rock, crushed gravel, asphalt or other material approved in the permit and plan as sufficiently durable for the anticipated volume of traffic and weight and speed of vehicles to be used.

(B) Acid- or toxic-forming substances shall not be used in road surfacing.

(C) Vegetation shall not be cleared for more than the width necessary for road and associated ditch construction, to serve traffic needs and for utilities.

(13) Roads-Class II-Maintenance.

(A) Class II roads shall be maintained in such a manner that the required or approved design criteria are met throughout the life of the facility including surface and shoulders, parking, side areas, approach structures, erosion-control devices and these traffic control devices as are necessary for safe and efficient utilization.

(B) Class II road maintenance shall include basic custodial care as required to protect the road investment and to prevent damage to adjacent resources. This includes maintenance to control erosion, repair of structures and drainage systems, removal of rocks and debris, replacement of surface and restoration of the road prism.

(C) 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.

(D) A road shall be maintained to meet the performance standards applicable in this rule and any additional criteria specified by the regulatory authority.

(14) Roads-Class II-Restoration.

(A) Unless the retention of a Class II road is approved in the permit and plan, as suitable for the approved postmining land use, immediately after the road is no longer needed for operations, reclamation or monitoring-

1. The road shall be closed to vehicular traffic;

2. The natural drainage patterns shall be restored;

3. All bridges and culverts shall be removed;

4. Roadbeds shall be ripped, plowed and scarified;

5. Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to meet natural drainage restoration standards;

6. Cut slopes shall be reshaped to blend with the natural contour;

7. Cross drains, dikes and water bars shall be constructed to minimize erosion;

8. Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-term stability in cut-and-fill slopes; and

9. Road surfaces shall be covered with topsoil in accordance with 10 CSR 40-3.030(4)(B) and revegetated in accordance with 10 CSR 40-3.120(1)-(6).

(B) Unless otherwise authorized in the permit and plan, all road surfacing materials shall be removed, hauled or conveyed and disposed of under 10 CSR 40-3.080(8).

(15) Roads-Class III-General.

(A) Each person who conducts surface mining activities shall locate, design, construct or reconstruct, utilize and maintain Class III roads and reclaim the area to meet the requirements of sections (16)-(21) of this rule and to control or prevent erosion; siltation; 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 engineerin0g practices; and water pollution and damage to public or private property.

(B) To the extent possible using the best technology currently available, Class III roads shall not cause damage to fish, wildlife and related environmental values and shall not cause additional contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions shall not be in excess of limitations of state or federal law.

(C) All Class III roads shall be completely removed and the land affected regraded to the approximate original contour and revegetated in accordance with the requirements of section (21) of this rule except where subsection (16)(G) of this rule shall apply.

(D) To the extent that the anticipated volume or weight or speed of vehicles to be used requires higher standards than those set forth in sections (16)-(21) of this rule, these higher standards shall be incorporated in the design, construction and reconstruction or maintenance of Class III roads.

(16) Roads-Class III-Location.

(A) Class III roads shall be located on ridges or on the most stable available slopes to minimize erosion.

(B) No part of any Class III road shall be located in the channel of an intermittent or perennial stream unless specifically approved in the permit and plan.

(C) Stream fords are prohibited unless they are approved in the permit and plan as temporary routes across ephemeral or intermittent streams that will not adversely affect stream sedimentation or fish, wildlife and related environmental values. All other stream crossings shall be made using temporary bridges, culverts or other structures designed, constructed and maintained to meet the requirements of section (18) of this rule.

(D) Class III roads shall be located to minimize downstream sedimentation and flooding.

(E) Not later than the date a permit application is submitted to the director for surface mining activities for which a Class III road is proposed, the location of the proposed road shall be clearly marked in the field by flags or stakes to enable the director to perform on-site review.

(F) Class III roads shall not be located in wet, steep or unstable areas where complete restoration under section (21) of this rule cannot be accomplished.

(G) A Class III road may be constructed in the same alinement as a Class I or Class II road that is to be constructed on the same location at a later date. This may be permitted if the requirements for the location of the Class I or Class II road are met and the construction begins within six (6) months from the time the Class III road is constructed.

(17) Roads-Class III-Design and Construction. Field design methods shall be utilized for Class III roads.

(A) Vertical Alinement. Except where lesser grades are necessary to control site-specific conditions, maximum road grades shall be as follows:

1. The overall grade shall not exceed 1v:10h (10%);

2. The pitch grade shall not exceed 1v:5h (20%); and

3. There shall not be more than one thousand (1000) consecutive feet of maximum pitch grade.

(B) Horizontal Alinement. Class III roads may meander so as to avoid large growths of vegetation and other natural obstructions.

(C) Road Cuts. Sidecast construction may be used.

(D) Road Embankments. Compaction on embankments shall be required only to the extent necessary to control erosion and maintain the road.

(E) Topsoil Removal. Topsoil shall be removed and stockpiled only where excavation would require replacement of material and redistribution of topsoil for proper reveg-etation.

(18) Roads-Class III-Drainage.

(A) General.

1. Class III road drainage shall consist of temporary culverts in flowing streams, wet areas and in ephemeral channels as necessary to protect the facility during its life and to minimize disturbance of the hydrologic balance.

2. Sediment control shall comply with 10 CSR 40-3.040(2) and (5).

(B) Culverts and Bridges. Temporary culverts shall be installed for all flowing drainages and stream crossings. Temporary culverts and bridges shall be sized to safely pass the one (1)-year, six (6)-hour precipitation event.

(C) Natural Drainage. Natural channel drainageways shall not be altered or relocated for the purposes of Class III road construction.

(D) Stream Crossing. Temporary drainage structures are required for crossing permanent streams. Drainage structures shall not affect the normal flow or gradient of the stream, adversely affect fish migration and aquatic habitat or related environmental values.

(19) Roads-Class III-Surface.

(A) Class III road surfaces shall be adequate for the use of the road.

(B) Acid- or toxic-forming substances shall not be used in road surfacing.

(C) Vegetation shall not be cleared for more than the width necessary to serve traffic needs and for utilities.

(20) Roads-Class III-Maintenance.

(A) Class III roads shall be sufficient to ensure minimization of erosion for the life of the road.

(B) Class III roads shall not be used if climatic conditions are such that usage may cause degradation of water quality.

(C) 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.

(D) A road shall be maintained to meet the performance standards applicable in this rule and any additional criteria specified by the regulatory authority.

(21) Roads-Class III-Restoration. Immediately after a Class III road is no longer needed for operations, reclamation or monitoring-

(A) The road shall be closed to vehicular traffic;

(B) The natural drainage patterns shall be restored;

(C) All bridges and culverts shall be removed;

(D) Roadbeds shall be ripped, plowed and scarified;

(E) Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and meet natural drainage restoration standards;

(F) Cut slopes shall be reshaped to blend with the natural contour;

(G) Cross drains, dikes and water bars shall be constructed to control erosion; and

(H) Road surfaces from which topsoil has been removed shall be covered with topsoil in accordance with 10 CSR 40-3.030(4)-(8) and the surface shall be vegetated in accordance with 10 CSR 40-3.120(1)-(6).

(22) Other Transportation Facilities. Railroad loops, spurs, sidings, surface conveyor sys- tems, chutes, aerial tramways or other transportation facilities shall be designed, constructed or reconstructed and maintained and the area restored, to-

(A) Prevent, to the extent possible using the best technology currently available-

1. Damage to fish, wildlife and related environmental values; and

2. Additional contributions of suspended solids to streamflow or runoff outside the permit area. These contributions shall not be in excess of limitations of state or federal law;

(B) Control and minimize diminution or degradation of water quality and quantity;

(C) Control and minimize erosion and sil-tation;

(D) Control and minimize air pollution; and

(E) Prevent damage to public or private property.

(23) Support Facilities and Utility Installations.

(A) Support facilities required for or used incidentally 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, hoist 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 to the extent possible using the best technology currently available-

1. Damage to fish, wildlife and related environmental values; and

2. Additional contributions of suspended solids to streamflow or runoff outside the permit area. These contributions shall not be in excess of limitations of state or federal law.

(B) All surface mining activities shall be conducted in a manner which minimizes damages, destruction or disruption of services provided by oil, gas and water wells; 011, 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 otherwise approved by the owner of those facilities and in the permit and plan.

10 CSR 40-3.140

AUTHORITY: sections 444.530 and 444.810 RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective 2/11/1980. Amended: Filed July 3, 1990, effective 11/30/1990. Amended: Filed May 15, 1992, effective 1/15/1993. Amended: Filed Sept. 15, 1994, effective 4/30/1995. Amended: Filed March 21, 2000, effective Oct.30, 2000.

*Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995; 444.810, RSMo 1979, amended 1983, 1993, 1995.