§ 87.104. Stream channel diversions.
(a) Flow from perennial and intermittent streams within the permit area may be diverted if the diversions:
(1) Will not adversely affect, during and after mining, the water quantity and quality of the stream.
(2) Comply with other requirements of this chapter and Chapter 105 (relating to dam safety and waterway management).
(3) Comply with local, State and Federal statutes and regulations.
(b) When streamflow diversion is approved, the stream channel diversion shall be designed, constructed and removed in accordance with the following:
(1) The longitudinal profile of the stream, the channel and the flood plain shall be designed and constructed to remain stable and to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions may not be in excess of requirements of State or Federal law. Erosion control structures, such as channel lining structures, retention basins and artificial channel roughness structures, shall be approved for permanent diversions only when they are stable and will require infrequent maintenance.
(2) The combination of channel, bank and floodplain configurations shall be adequate to prevent a flooding potential greater than that created by the natural conditions of the existing channel. However, the capacity of the channel itself shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.
(3) The design and construction of stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part.
(c) When no longer needed to achieve the purpose for which they are authorized, all temporary stream channel diversions shall be removed and the affected land regraded and revegetated, in accordance with § § 87.99, 87.100, 87.141, 87.142, 87.144, 87.145, 87.147—87.153, 87.155 and 87.156. At the time diversions are removed, treatment facilities previously protected by the diversion shall be modified or moved to prevent damage or failure of the facilities. This requirement does not relieve the person who conducts the surface mining activities from maintenance of a water treatment facility otherwise required under this chapter, and the erosion and sedimentation control requirements of § 87.106 (relating to hydrologic balance: sediment control measures).
(d) When permanent diversions are constructed or stream channels are restored after temporary diversion, the operator shall:
(1) Restore or maintain, and enhance where practicable, natural riparian vegetation on the banks of the stream.
(2) Restore the horizontal alignment of the stream to a condition compatible with the protected water use of Chapter 93 (relating to water quality standards).
(3) Restore the stream to a longitudinal profile and cross section, including aquatic habitats, that approximate premining stream channel characteristics.
Source The provisions of this § 87.104 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148654) to (148655).
Cross References This section cited in 25 Pa. Code § 87.71 (relating to stream diversions, water obstructions and encroachments).
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