Ill. Admin. Code tit. 62, § 1816.97 - Protection of Fish, Wildlife, and Related Environmental Values
a) The operator
shall, to the extent possible using the best technology currently available,
minimize disturbances and adverse impacts of the activities on fish, wildlife,
and related environmental values, and shall achieve enhancement of such
resources where practicable.
b) No
surface mining activity shall be conducted which is likely to jeopardize the
continued existence of endangered or threatened species listed by the Secretary
of the United States Department of the Interior (Secretary) or which is likely
to result in the destruction or adverse modification of designated critical
habitats of such species in violation of the Endangered Species Act of 1973, as
amended (
16
U.S.C. 1531 et seq.). The operator shall
immediately report to the Department any State- or federally-listed endangered
or threatened species within the permit area of which the operator becomes
aware. Upon notification, the Department shall consult with appropriate State
and Federal fish and wildlife agencies and, after consultation, shall identify
whether, and under what conditions, the operator may proceed.
c) No surface mining activity shall be
conducted in a manner which would result in the unlawful taking of a bald or
golden eagle, its nest, or any of its eggs. The operator shall promptly report
to the Department any golden or bald eagle nest within the permit area of which
the operator becomes aware. Upon notification, the Department shall consult
with the U.S. Fish and Wildlife Service and also, where appropriate, the State
fish and wildlife agency and after consultation, shall identify whether, and
under what conditions, the operator may proceed in order to ensure that the
operation is not in violation of the Endangered Species Act of 1973, as
amended, (
16
U.S.C. 1531 et seq.).
d) Nothing in these regulations shall
authorize the taking of an endangered or threatened species or a bald or golden
eagle, its nest, or any of its eggs in violation of the Endangered Species Act
of 1973, as amended, (
16
U.S.C. 1531 et seq.), or the Bald Eagle
Protection Act, as amended, (
16 U.S.C.
668 et seq.).
e) Each operator shall, to the extent
possible using the best technology currently available:
1) Ensure that electric powerlines and other
transmission facilities used for, or incidental to, surface mining activities
on the permit area are designed and constructed to minimize electrocution
hazards to raptors, except where the Department determines that such
requirements are unnecessary, due to factors such as the absence of
raptors;
2) Locate and operate haul
and access roads so as to avoid or minimize impacts on important fish and
wildlife species or other species protected by State or Federal law specified
in 62 Ill. Adm. Code
1773.12;
3) Design fences, overland conveyers, and
other potential barriers to permit passage for large mammals, except where the
Department determines that such requirements are unnecessary, due to factors
such as the absence of large mammals; and
4) Fence, cover, or use of other appropriate
methods to exclude wildlife from ponds which contain hazardous concentrations
of toxic-forming materials.
f) The operator conducting surface mining
activities shall avoid disturbances to, enhance where practicable, restore, or
replace, wetlands, and riparian vegetation along rivers and streams and
bordering ponds and lakes. Surface mining activities shall avoid disturbances
to, enhance where practicable, or restore, habitats of unusually high value for
fish and wildlife such as wetlands and riparian vegetation.
g) Where fish and wildlife habitat is to be a
post-mining land use, the plant species to be used on reclaimed areas shall be
selected on the basis of the following criteria:
1) Their proven nutritional value for fish or
wildlife.
2) Their use as cover for
fish or wildlife.
3) Their ability
to support and enhance fish or wildlife habitat after the release of
performance bonds. The selected plants shall be grouped and distributed in a
manner which optimizes edge effect, cover, and other benefits to fish and
wildlife.
h) Where
cropland is to be the post-mining land use, where appropriate for wildlife and
crop management practices, the operator shall intersperse the fields with
trees, hedges, or fence rows throughout the harvested area to break up large
blocks of monoculture and to diversify habitat types for birds and other
animals.
i) Where residential,
public service, or industrial uses are to be the post-mining land use, and
where consistent with the approved post-mining land use, the operator shall
intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs,
and trees useful as food and cover for wildlife.
Notes
Amended at 20 Ill. Reg. 2027, effective January 19, 1996
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