Primary roads shall meet the requirements of §12.400 of
this title (relating to Roads: General) and the additional requirements
of this section.
(1) Certification. The construction or reconstruction
of primary roads shall be certified in a report to the Commission
by a qualified professional engineer. The report shall indicate that
the primary road has been constructed or reconstructed as designed
and in accordance with the approved plan.
(2) Safety Factor. Each primary road embankment shall
have a minimum static factor of 1.3.
(3) Location.
(A) To minimize erosion, a primary road shall be located,
insofar as is practicable, on the most stable available surface;
(B) Fords of perennial or intermittent streams by primary
roads are prohibited unless they are specifically approved by the
Commission as temporary routes during periods of road construction.
(4) Drainage control. In accordance with the approved
plan:
(A) 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 10-year, 6-hour precipitation event, or
greater event as specified by the Commission;
(B) 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;
(C) drainage ditches shall be constructed and maintained
to prevent uncontrolled drainage over the road surface and embankment;
(D) 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;
(E) natural stream channels shall not be altered or
relocated without the prior approval of the Commission in accordance
with applicable §§12.339-12.341 and §§12.343-12.355
of this title (relating to Hydrologic Balance: General Requirements,
to Hydrologic Balance: Water-Quality Standards and Effluent Limitations,
to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment
Control Measures, to Hydrologic Balance: Siltation Structures, to
Hydrologic Balance: Discharge Structures, to Hydrologic Balance: Acid-Forming
and Toxic-Forming Spoil, to Hydrologic Balance: Permanent and Temporary
Impoundments, to Hydrologic Balance: Ground-Water Protection, to Hydrologic
Balance: Surface-Water Protection, to Hydrologic Balance: Surface
and Ground-Water Monitoring, to Hydrologic Balance: Transfer of Wells,
to Hydrologic Balance: Water Rights and Replacement, to Hydrologic
Balance: Discharge of Water Into an Underground Mine, to Hydrologic
Balance: Postmining Rehabilitation of Sedimentation Ponds, Diversions,
Impoundments, and Treatment Facilities, and to Hydrologic Balance:
Stream Buffer Zones); and
(F) except as provided in paragraph (3)(B) of this
section, 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 Commission shall ensure that low-water
crossings are designed, constructed, and maintained to prevent erosion
of the structure or stream bed and additional contributions of suspended
solids to stream flow.
(5) Surfacing. Primary roads shall be surfaced with
material approved by the Commission as being sufficiently durable
for the anticipated volume of traffic and the weight and speed of
vehicles using the road.
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| Source Note: The provisions of this §12.401 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503 |
