SECTION 460:20-45-52. Roads: general

(a)   Road Classification system.

(1)   Each road, as defined in Section 460:20-3-5 of this Chapter 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 spill;

(B)   Frequently used for access or other purposes for a period in excess of six months; or

(C)   To be retained for an approved postmining land use.

(3)   An ancillary road is any road not classified as a primary road.

(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;

(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 Department in accordance with applicable Sections 460:20-43-8 through 460:20-43-10 and 460:20-43-16 of this Chapter.

(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 part and any additional criteria specified by the Department.

(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 postmining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable and 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 postmining land use;

(3)   Removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use revegetation requirements;

(4)   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;

(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 Sections 460:20-43-7 and 460:20-43-43 through 460:20-43-46 of this Chapter.