W. Va. Code R. § 38-2-4

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 38-2-4 - Haulageways, Roads or Access Roads

4.1. Road Classification System.

4.1.a. Each haulageway, road, or access road as defined in subsection 2.59 of this rule shall be classified as either a primary road or an infrequently used access road.

4.1.a.1. A primary road is any road which is:

4.1.a.1.A. Used for transporting coal or spoil;

4.1.a.1.B. Frequently used for access or other purposes for a period in excess of six months; or

4.1.a.1.C. To be retained for an approved postmining land use.

4.1.a.2. An infrequently used access road is any road not classified as a primary road.

4.2. Plans and Specifications.

4.2.a. Each application for a surface coal mining and reclamation permit shall contain plans and specifications for each road to be constructed, used, or maintained within the proposed permit area. The plans and specifications shall include a map, appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures. These shall include at a minimum:

4.2.a.1. A plan view of the road drawn to scale showing:

4.2.a.1.A. A stationed base line;

4.2.a.1.B. Location of culverts;

4.2.a.1.C. flow directions;

4.2.a.1.D. Location of intermittent or perennial streams; and

4.2.a.1.E. Other pertinent data as required by the Secretary.

4.2.a.2. A surveyed profile or a profile drawing drawn to scale developed from a topographic contour map of sufficient scale and detail to provide the necessary level of accuracy showing:

4.2.a.2.A. Profile of finished road surfaces;

4.2.a.2.B. Location and size of culverts;

4.2.a.2.C. Station elevations;

4.2.a.2.D. Profile of original ground; and

4.2.a.2.E. Percent grades.

4.2.a.3. A typical cross-section or sections showing:

4.2.a.3.A. Culvert placement;

4.2.a.3.B. slope of culvert;

4.2.a.3.C. Fill material;

4.2.a.3.D. Original ground;

4.2.a.3.E. Ditches; and

4.2.a.3.F. Sediment control devices.

4.2.a.4. Construction specifications which explain in detail:

4.2.a.4.A. Excavation;

4.2.a.4.B. Selection and placement of materials;

4.2.a.4.C. Vegetative protection against erosion;

4.2.a.4.D. Road surfacing; and

4.2.a.4.E. Drainage and sediment control measures.

4.2.a.5. A description of the plans to remove, reclaim, and abandon each road that would not be retained under an approved postmining land use, and the schedule for removal, reclamation, and abandonment.

4.2.a.6. The center line of the proposed haulageways or access roads shall be visibly marked or delineated by visible offset markings on the site at one hundred feet (100') intervals at the time of preinspection. Preexisting haulageways or access roads shall be exempt from this requirement.

4.2.a.7. The plans, drawings, and design specifications for roads shall be prepared and certified by, or under the direction of, a qualified registered professional engineer or a qualified professional surveyor with experience in design and construction of roads. The engineer or surveyor shall certify that the design of the road meets requirements of the Act, this rule, current prudent engineering practices, and any other design criteria established by the Secretary.

4.2.b. No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the Secretary in accordance with the following:

4.2.b.1. Roads shall be located to minimize downstream sedimentation and flooding.

4.2.b.2. Drawings and specifications must be provided for each proposed ford, low water crossing or other road crossing of an intermittent or perennial stream, as necessary for approval of the road by the Secretary in accordance with this subsection.

4.2.b.3. A description must be provided indicating measures to be taken to obtain approval of the Secretary for alteration or relocated of a natural stream channel under subsections 5.2 and 5.3 of this rule.

4.2.b.4. The drawings and specifications for low-water crossings of perennial or intermittent stream channels must indicate measures to be taken so as to maximize the protection of the stream in accordance with subsection 5.2 of this rule.

4.3. Existing Haulageways or Access Roads. Where existing roads are to be used for access or haulage and it can be demonstrated that reconstruction to meet the design and construction requirements of this section would result in greater environmental harm and the drainage and sediment control requirements of section 5 of this rule can otherwise be met, paragraphs 4.5.a.1. and 4.5.a.2, and subparagraphs 4.6.a.2.A. and 4.6.a.2.B. of tills section will not apply.

4.4. Infrequently Used Access Roads. Prospecting roads are to be designed, constructed, maintained, and reclaimed in accordance with the provisions of subsection 13.6 of this rule. Other access roads constructed for and used only to provide infrequent service to facilities used in support of mining and reclamation operations may be exempt from the requirements of this section with the exception of the requirements of subsections 4.2, 4.7.a., 4.8, 4.9, and 5.3; provided. That such roads will be designed 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 Secretary.

4.5. Construction.

4.5.a. Construction of haulageways or access roads shall be done in accordance with the following:

4.5.a.1. The overall grade shall not exceed ten percent (10%);

4.5.a.2. The maximum pitch grade shall not exceed fifteen percent (15%) for three hundred feet (300') in each one thousand feet (1,000');

4.5.a.3. The surface shall pitch toward the ditch line at the minimum slope of one-half inch (½")per foot of surface width or shall be crowned at the minimum slope of one-half inch (½")per foot of surface width as measured from the center line;

4.5.a.4. The grade on switchback curves shall be reduced to less than the approach grade and should not be greater than ten percent (10%); and

4.5.a.5. Cut slopes shall not be steeper than 1:1 in soils or 1/4:1 in rock.

4.5.b. All grade measurements and linear measurements in this section shall be subject to a tolerance of two percent (2%). All angles in this section shall be measured from the horizontal and shall be subject to a tolerance of five percent (5%).

4.6. Drainage Design.

4.6.a. All drainage designs of haulageways or access roads shall be in accordance with the following:

4.6.a.1. A ditch shall be provided on both sides of a throughout and on the inside shoulder of a cut-fill section, with ditch relief culverts being spaced according to grade. Water shall be intercepted or directed around and away from a switchback. All ditch lines shall be capable of passing the peak discharge of a ten (10) year, twenty-four (24) hour precipitation event. Where super elevation to the inside of a curve will improve the safety of a haulroad such as in the head of a hollow, a ditch line may be located on the outside shoulder of cut fill section if the ditch line is designed so that it will remain stable and that drainage control is also provided for water on the outside of the curve.

4.6.a.2. Ditch relief culverts shall be installed wherever necessary to insure proper drainage of runoff water beneath or through the haulageways or access road, according to the following specifications:

4.6.a.2.A.

Road Grrade in Percent:	Spacing of Culverts In Feet
0-5	300-800
6-10	200-300
11-15	100-200

4.6.a.2.B. The culvert shall cross the haulageway or access road at a thirty (30) degree horizontal angle downgrade with a minimum grade of three percent (3%) from inlet to outlet, except in intermittent or perennial streams where the pipe shall be straight and coincide with the normal flow;

4.6.a.2.C. The inlet end shall be protected by a headwall of durable material and the slope at the outlet end shall be protected with an apron of rock riprap, an energy dissipator or other similar structure;

4.6.a.2.D. Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of the vehicles using the road;

4.6.a.2.E. Alternative design criteria for culverts may be approved by the Secretary where the design criteria of this section is demonstrated to be impractical or unnecessary; and

4.6.a.2.F. The cross sectional area of all culverts installed on haulageways and access roads shall be adequate to pass the peak discharge storm runoff from a one (1) year twenty-four (24) hour precipitation event from the contributing watershed, but in no event shall the cross sectional area be less than one hundred square inches.

4.6.b. Culverts, bridges or other structures shall be used to cross intermittent or perennial streams. During construction, consideration shall be given to such factors as weather conditions, season of the year, time period for construction, etc., in order to minimize adverse impacts on the water quality and to the stream channel. These structures shall be capable of passing the peak flow for a ten (10) year, twenty-four (24) hour precipitation event from the contributing watershed. Structures of a lesser design capacity may be approved by the Secretary if the flow through capacity of the structure itself is at least equal to or greater than the flow capacity of the stream channel as measured immediately upstream and downstream of the crossing; provided that the structure shall pass the peak of a one (1) year, twenty-four (24) hour precipitation event.

4.7. Performance Standards.

4.7.a. Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to:

4.7.a.1. Minimize downstream sedimentation and flooding;

4.7.a.2. 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;

4.7.a.3. Control or prevent damages to fish, wildlife, or their habitat and related environmental values;

4.7.a.4. Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

4.7.a.5. Neither cause nor contribute to, directly or indirectly, the violation of State or Federal water quality standards applicable to receiving waters;

4.7.a.6. Refrain from seriously altering the normal flow of water in streambeds or drainage channels;

4.7.a.7. 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

4.7.a.8. Use non-acid and non-toxic forming substances in road surfacing.

4.7.b. All sediment control structures shall have an adequate sediment storage volume and detention time. The optimum design factor for achieving this criteria is 0.125 acre/feet for each acre of disturbed area within the watershed of the structure; however, lesser storage values may be approved by the Secretary if the lesser values will achieve compliance with applicable effluent limits and the requirements of subdivision 4.7.a of this subsection.

4.8. Maintenance.

4.8.a. A road shall be maintained to meet the performance standards of this part and any additional criteria specified by the Secretary.

4.8.b. 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.

4.9. Reclamation. 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:

4.9.a. Closing the road to traffic;

4.9.b. Removing all bridges and culverts unless approved as part of the postmining land use;

4.9.c. Removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements;

4.9.d. 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; and

4.9.e. Haulageways or access roads shall be abandoned in accordance with the following:

4.9.e.1. Prior to abandonment of haulageways or access roads, efforts shall be made to prevent erosion by the use of culverts, water bars or other devices. Water bars or earth berms shall be installed according to the following table of spacings:

Percent Grade of Haulageway Access Road	Spacing of Water or Bars in Lineal Feet
2	250
5	135
10	80
15	60
20	45
Above 20	25

4.9.e.2. Upon abandonment, all areas of haulageways or access roads shall be immediately seeded and mulched.

4.9.f. Scarifying or ripping the roadbed; replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with subsection 14.3 and section 9 of this rule.

4.10. Primary Roads.

4.10.a. Primary roads shall meet the requirements of this section and the following additional requirements:

4.10.a.1. The construction or reconstruction of primary roads shall be certified in a report to the Secretary by a qualified registered professional engineer, or a professional surveyor with experience in the design and construction of roads. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.

4.10.a.2. Each primary road embankment shall have a minimum static factor of 1.3.

4.10.a.3. To minimize erosion, a primary road shall be located, insofar as is practicable, on the most stable available surface.

4.10.a.4. Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Secretary as temporary routes during periods of road construction.

4.10.a.5. Each primary road shall be constructed or reconstructed and maintained to have adequate drainage control, 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 the peak runoff from a ten (10) year, twenty-four (24) hour precipitation event;

4.10.a.6. 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;

4.10.a.7. Drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment;

4.10.a.8. 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; and

4.10.a.9. Natural stream channels shall not be altered or relocated without the prior approval of the Secretary.

4.10.b. Except as provided in paragraph 4.10.a.4 of this subsection, structures for perennial or intermittent stream channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practices. The Secretary shall ensure that low-water crossings are designed, constructed, and maintained to prevent erosion of the structure or streambed and additional contributions of suspended solids to stream flow.

4.10.c. Primary roads shall be surfaced with material approved by the Secretary as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

4.11. Support Facilities and Transportation Facilities.

4.11.a. Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways or other transportation facilities which are under the control of the permittee shall be designed, constructed, maintained and abandoned so as to comply with the following:

4.11.a.1. Control or prevent erosion, siltation, and the air pollution attendant to erosion;

4.11.a.2. Control or prevent damage to fish, wildlife or their habitat and related environmental values;

4.11.a.3. Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

4.11.a.4. Neither cause nor contribute, directly or indirectly, to the violation of State or Federal water quality standards applicable to receiving waters; and

4.11.a.5. Prevent or control damage to public or private property.

4.12. Certification. Upon completion of construction or reconstruction, all primary roads for which design criteria were approved as part of the permit shall be certified. Such certification shall affirm that construction was done in accordance with the approved criteria except as otherwise noted in the certification statement. Where the certification statement indicates a change from the design standards or construction requirements approved in the permit, such changes will be documented in as-built plans. If as-built plans are submitted, the certification shall describe how and to what extent the construction deviates from the proposed design, and shall explain how and certify that the road will meet performance standards. The certification shall be on forms approved by the Secretary and signed by an approved licensed engineer or an approved professional surveyor with experience in design and construction of roads. All roads used for transportation of coal or spoil, and which are constructed outside the permitted coal extraction area, shall be certified before they are used for such transportation. Any road which lies within the coal extraction area, and which is therefore constructed concurrent with progress of mining activities, shall be certified in sections of one thousand (1,000) linear feet or less as measured from the active pit.

W. Va. Code R. § 38-2-4