(a) Road classification system.

1. (1) Each road meeting the definition of that term in § 701.5 of this chapter must be classified as either a primary road or an ancillary road.

2. (2) A primary road is any road that is -

   1. (i) Used for transporting coal or spoil;
   2. (ii) Frequently used for access or other purposes for a period in excess of 6 months; or
   3. (iii) To be retained for an approved postmining land use.
3. (3) An ancillary road is any road not classified as a primary road.

(b) Performance standards. Each road must be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to -

1. (1) Control or prevent erosion, siltation, and air pollution attendant to erosion, including road dust and 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. (2) Control or prevent damage to fish, wildlife, or their habitat and related environmental values.
3. (3) Control or prevent additional contributions of suspended solids to streamflow or runoff outside the permit area;
4. (4) Neither cause nor contribute, directly or indirectly, to a violation of applicable state or tribal water quality standards for surface water and groundwater, including, but not limited to, surface water quality standards established under the authority of section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c).
5. (5) Refrain from seriously altering the normal flow of water in streambeds or drainage channels.
6. (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. (7) Use nonacid- and nontoxic-forming substances in road surfacing.

(d) Location.

1. (1) No part of any road may be located in the channel of an intermittent or perennial stream unless specifically approved by the regulatory authority in accordance with § 780.28 of this chapter and § 816.57 of this part.
2. (2) Roads must be located to minimize downstream sedimentation and flooding.

(e) Maintenance.

1. (1) A road must be maintained to meet the performance standards of this part and any additional criteria specified by the regulatory authority.
2. (2) A road damaged by a catastrophic event, such as a flood or earthquake, must be repaired as soon as is practicable after the damage has occurred.

(f) Reclamation. A road not to be retained as part of an approved postmining land use must be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. Reclamation must include -

1. (1) Closing the road to traffic.
2. (2) Removing all bridges and culverts unless approved as part of the postmining land use.
3. (3) Removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements.
4. (4) Reshaping the slopes of road cuts and fills as necessary to be compatible with the postmining land use and to complement the natural drainage pattern of the surrounding terrain.
5. (5) Protecting the natural drainage patterns by installing dikes or cross-drains as necessary to control surface runoff and erosion.
6. (6) Scarifying or ripping the roadbed, replacing topsoil or substitute material in accordance with § 816.22 of this part, and revegetating disturbed surfaces in accordance with §§ 816.111, 816.115, and 816.116 of this chapter.