§ 780.37 - Road systems.

§ 780.37 What information must I provide concerning access and haul roads?Road systems.

(a) Design Plans and other application requirements.

(1) You, the applicant, must submit a map showing the location of all roads that you intend to construct or use within the proposed permit area, together with

drawings. Each applicant for a surface coal mining and reclamation permit shall submit plans and drawings for each road, as defined in § 701.5 of this chapter, to be constructed, used, or maintained within the proposed permit area.

(2) You must include appropriate cross-

The plans and drawings shall -

(1) Include a map, appropriate cross sections, design drawings

,

and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches,

drainage structures, and fords and

low-water crossings

of perennial and intermittent streams.

(3) You must demonstrate how all proposed roads will comply with the applicable requirements of §§ 780.28, 816.150, and 816.151 of this chapter.

(4) You must identify -

(i) Each road that you propose to locate in or within 100 feet, measured horizontally on a line perpendicular to the stream, beginning at the ordinary high water mark, of a perennial or intermittent stream.

(ii) Each proposed ford of a perennial or intermittent stream that you plan to use as a temporary route during road construction.

(iii) Any plans to alter or relocate a natural stream channel.

(iv) Each proposed low-water crossing of a perennial or intermittent stream channel.

(5) You must explain why the roads, fords, and stream crossings identified in paragraph (a)(4) of this section are necessary and how they comply with the applicable requirements of § 780.28 of this part and §§ 816.150 and 816.151 of this chapter.

(6) You must describe

, and drainage structures;

(2) Contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the regulatory authority in accordance with § 816.150(d)(1) of this chapter;

(3) Contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the regulatory authority in accordance with § 816.151(c)(2) of this chapter;

(4) Contain a description of measures to be taken to obtain approval of the regulatory authority for alteration or relocation of a natural stream channel under § 816.151(d)(5) of this chapter;

(5) Contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the regulatory authority can maximize the protection of the stream in accordance with § 816.151(d)(6) of this chapter; and

(6) Describe the plans to remove and reclaim each road that would not be retained as part of the under an approved postmining land use, and provide a the schedule for this removal and reclamation.

(b) Primary road certification. The plans and drawings for each primary road must shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or in any state that State which authorizes land surveyors to certify the design of primary roads , a qualified registered professional land surveyor, with experience in the design and construction of roads, as meeting the requirements of this chapter; current, prudent engineering practices; and any design criteria established by the regulatory authority.

(c) Standard design plans. The regulatory authority may establish engineering design standards for primary roads through the regulatory State program approval process, in lieu of engineering tests, to establish compliance with the minimum static safety factor of 1.3 for all embankments specified in § 816.151(cb) of this chapter.

[53 FR 45211, Nov. 8, 1988, as amended at 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]