Section 88.295. Hydrologic balance: diversions and conveyances

(a) Surface water and shallow groundwater flow from undisturbed areas which will drain into the affected area shall be intercepted and diverted away from the disturbed area by means of diversion.

(b) Diversions shall be designed, constructed and maintained using current engineering practices to pass safely the peaks runoff from a precipitation event with a 2-year recurrence interval for temporary diversions and 10-year recurrence interval for permanent diversion. If necessary to protect public health and safety or prevent pollution, a larger event shall be used.

(c) All soil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the diversion.

(d) Any diversion shall be vegetated or otherwise stabilized to prevent erosion or contributions of sediment to stream or runoff outside the affected area. Asphalt, concrete or other similar lining shall only be used when approved by the Department. Riprap shall be nondegradable, nonacid or toxic-forming rock that will not slake and will be free of coal, clay or shale.

(e) A diversion may not be located in a manner that increases the potential for landslides or other offsite damage.

(f) Excess material shall be placed in the backfilling, or at an excess spoil disposal area.

(g) When no longer needed, the diversion shall be regraded to blend with the natural contours and drainage pattern, and revegetated in accordance with the requirements of this subchapter.

(h) Diversions may not be constructed or operated to divert water into underground mines without the approval of the Department. Such discharges must meet the requirements of this chapter.

(i) Diversions shall not be constructed or operated to divert water into underground mines without the approval of the Department.

The provisions of this § 88.295 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92635) to (92636).