405 KAR 3:090. Access roads, haul roads, and other transport facilities.


      RELATES TO: KRS 350.151


      NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.151 requires the Environmental and Public Protection Cabinet to adopt rules and administrative regulations for the surface effects of underground coal mining. This administrative regulation sets forth requirements for design, construction, maintenance and reclamation of access roads, haul roads and other transport facilities.


      Section 1. General. (1) Access and haul roads and associated bridges, culverts, ditches, and road rights-of-way shall be constructed, maintained, and reclaimed to prevent additional contributions of suspended solids to stream flow, or to run off outside the permit area to the extent possible, using the best technology currently available. In no event shall the contributions be in excess of requirements set by state or federal law.

      (2) The effluent limitations of 405 KAR 3:140 shall not apply to drainage from access and haul roads located outside the disturbed area, as defined in 405 KAR 3:140, unless otherwise specified by the cabinet.


      Section 2. Construction. All access and haul roads shall be constructed in accordance with the requirements of this section.

      (1) Roads shall not be constructed or maintained in a manner that increases erosion or causes significant sedimentation or flooding.

      (2) All roads, insofar as possible, shall be located on ridges or on the available flatter and more stable slopes to minimize erosion.

      (3) Roads shall not be located in active stream channels.

      (4) Stream fords are prohibited unless they are specifically approved by the cabinet as temporary routes across dry streams that will not adversely affect sedimentation and will not be used for coal haulage.

      (5) Other stream crossings shall be made using bridges, culverts, or other structures designed and constructed to meet the requirements of this administrative regulation.

      (6) In order to minimize erosion and subsequent disturbances of the hydrologic balance, roads shall be constructed in compliance with the grade restrictions of this subsection or other grades determined by the cabinet to be necessary to control erosion.

      (a) The overall sustained grade shall not exceed 1v:10h (ten (10) percent);

      (b) The maximum grade greater than ten (10) percent shall not exceed 1v:6.5h (fifteen (15) percent) for more than 300 feet.

      (c) There shall not be more than 300 feet of grade exceeding ten (10) percent within each 1,000 feet.

      (7) Access and haul roads shall be surfaced with durable material. Toxic- or acid-forming substances shall not be used.

      (8) Vegetation may be cleared only for the essential width necessary for road and associated ditch construction and to serve traffic needs.

      (9) All fill slopes and earth cut slopes shall be seeded in accordance with 405 KAR 3:080.


      Section 3. Drainage. (1) All access and haul roads shall be adequately drained using structures such as, but not limited to, ditches, water barriers, pipes, culverts, cross drains, and ditch relief drains.

      (2) For access and haul roads that are to be maintained for more than one (1) year, water-control structures shall be designed with a discharge capacity capable of passing the peak run-off from a ten (10) year twenty-four (24) hour precipitation event.

      (3) Ditch-relief and cross drains shall be spaced according to grade.

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

      (5) Drainage ditches shall be provided at the toe of all cut slopes formed by the construction of roads.

      (6) Trash racks and debris basins shall be installed in the drainage ditches wherever debris from the drainage area could impair the functions of drainage and sediment control structures.


      Section 4. Maintenance. (1) Access and haul roads shall be routinely maintained by means such as, but not limited to, wetting, scraping, or surfacing.

      (2) Ditches, culverts, drains, trash racks, debris basins and other structures serving to drain access and haul roads shall not be restricted or blocked in any manner that impedes drainage or adversely affects the intended purpose of the structure.


      Section 5. Removal and Reclamation. All access and haul roads shall be removed and the land affected regraded and revegetated consistent with the requirements of 405 KAR 3:100 and 405 KAR 3:080 unless retention of a road is approved by the cabinet and necessary maintenance to adequately control erosion is assured.


      Section 6. Access roads constructed for and used only to provide infrequent service to surface facilities such as ventilators or monitoring devices shall be exempted from the requirements of Sections 2 and 3 of this administrative regulation provided adequate stabilization to control erosion is achieved through use of alternative measures.


      Section 7. Other Transport Facilities. Railroad loops, spurs, sidings and other transport facilities shall be constructed, maintained and reclaimed to control diminution or degradation of water quality and quantity and to prevent additional contributions of suspended solids to stream flow, or to run off outside the permit area to the extent possible, using the best technology currently available. In no event shall contributions be in excess of requirements set by applicable state or federal law. (4 Ky.R. 415; eff. 5-3-78; Am. 517; 5 Ky.R. 225; eff. 8-23-78; TAm eff. 8-9-2007.)