N.D. Admin Code 69-05.2-13-08 - Performance standards - General requirements - Protection of fish, wildlife, and related environmental values
1.
The permittee shall affirmatively demonstrate how protection and enhancement of
fish and wildlife resources will be achieved where practicable on the basis of
information gathered and management plans developed under sections
69-05.2-08-15 and
69-05.2-09-17. The permittee shall
submit a report to the commission with management plan results and data derived
from the monitoring plan for the two previous calendar years by March fifteenth
in even-numbered years.
2. No
surface mining activity may 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 or which is likely to result in
the destruction or adverse modification of designated critical habitats of
those species in violation of the Endangered Species Act of 1973, as amended [
16 U.S.C. 1531 et seq.]. The permittee shall promptly report to the commission
the presence in the permit area of any state-listed or federally listed
endangered or threatened species of which the permittee becomes aware. Upon
notification, the commission will consult the United States fish and wildlife
service, the state game and fish department, and the operator, and then decide
whether, and under what conditions, the operator may proceed.
3. No surface mining activity may be
conducted in a manner that would result in the unlawful taking of a bald or
golden eagle, its nest, or any of its eggs. The permittee shall promptly report
to the commission the presence in the permit area of any bald or golden eagle,
or bald or golden eagle nest or eggs, of which the permittee becomes aware.
Upon notification, the commission will perform the consultation and decision
process specified in subsection 2.
4. Nothing in this article authorizes 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.].
5. The
permittee shall ensure that the design and construction of electric powerlines
and other transmission facilities used for or incidental to activities on the
permit area follow the guidelines in Environmental Criteria for Electric
Transmission Systems (United States department of the interior, United States
department of agriculture (1970)), or in alternative guidance manuals approved
by the commission. Design and construction of distribution lines must follow
REA bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds, or in
alternative guidance manuals approved by the commission.
6. The permittee shall, to the extent
possible using the best technology currently available:
a. Locate and operate haul and access roads,
sedimentation ponds, diversions, stockpiles, and other structures to avoid or
minimize impacts to important fish and wildlife species and their habitats and
to other species protected by state or federal law.
b. Create no new barrier in known and
important wildlife migration routes.
c. Fence, cover, or use other appropriate
methods to exclude wildlife from ponds containing hazardous concentrations of
toxic-forming materials.
d.
Reclaim, enhance where practicable, or avoid disturbance to habitats of
unusually high value for fish and wildlife.
e. Reclaim, enhance where practicable, or
maintain natural riparian vegetation on the banks of streams, lakes, and other
wetland areas.
f. Afford protection
to aquatic communities by avoiding stream channels as required in section
69-05.2-16-20 or reclaiming stream
channels as required in section
69-05.2-16-07.
g. Not use pesticides in the area during
surface mining and reclamation activities, unless specified in the operation
and reclamation plan or approved by the commission on a case-by-case
basis.
h. To the extent possible
prevent, control, and suppress range, forest, and coal or commercial leonardite
fires not approved by the commission as part of a management plan.
i. If fish and wildlife habitat is to be a
primary or secondary postmining land use, the operator shall in addition to the
requirements of 69-05.2-22:
(1) Select plant
species to be used on reclaimed areas, based on the following criteria:
(a) Their proven nutritional value for fish
and wildlife.
(b) Their uses as
cover for fish and wildlife.
(c)
Their ability to support and enhance fish and wildlife habitat after bond
release.
(2) Distribute
plant groupings to maximize benefits to fish and wildlife. Plants should be
grouped and distributed in a manner which optimizes edge effect, cover, and
other benefits for fish and wildlife.
j. Where cropland is to be the postmining
land use and where appropriate for wildlife and surface owner crop management
practices, 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. Wetlands must be preserved when
feasible or recreated consistent with the reclamation plan and the postmining
land use.
k. Where the primary land
use is to be residential, public service, or industrial, intersperse reclaimed
lands with greenbelts utilizing species of grass, shrubs, and trees useful as
food and cover for birds and small animals, unless the greenbelts are
inconsistent with the approved postmining land use.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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