(a) A person
conducting surface mining activities shall,
to the extent
possible using the best technology currently available:
(1) Minimize disturbances and adverse impacts
of the activities on fish, wildlife and related environmental values, and
achieve enhancement of the resources when practicable.
(2) Locate and operate haul and access roads
to avoid or minimize impacts to fish and wildlife species or other species
protected by State or Federal law.
(3) Avoid disturbance to, enhance where
practicable, or restore, habitats of unusually high value for fish and
wildlife.
(4) Restore, enhance when
practicable, or maintain natural riparian vegetation on the banks of streams,
lakes and other wetland areas.
(5)
Not use restricted pesticides on the areas during surface mining and
reclamation activities, unless approved by the Department of
Agriculture.
(6) Do the following,
if fish and wildlife habitat is the postmining land use, in addition to the
requirements of §§ 87.147-87.153, 87.155 and 87.156:
(i) 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 release of
bonds.
(ii) Distribute
plant grouping to maximize benefit 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.
(7) 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, when
cropland is to be the alternative postmining land use and when appropriate for
wildlife and crop management practices. Wetlands shall be preserved or created
rather than drained or otherwise permanently abolished.
(8) Intersperse reclaimed lands with
greenbelts utilizing species of grass, shrubs and trees useful as food and
cover for birds and small animals, unless the green belts are inconsistent with
the approved postmining land use, when the primary land use is to be
residential, public service or industrial land use.
(9) Design fences, overland conveyors and
other potential barriers to permit passage for large mammals, except if the
Department determines that the requirements are unnecessary.
(10) Fence, cover or use other appropriate
methods to exclude wildlife from ponds which contain hazardous concentrations
of toxic-forming materials.
(b) A person who conducts surface mining
activities shall promptly report to the Department the presence in the permit
area of threatened or endangered species under State or Federal laws of which
that person becomes aware and which was not previously reported to the
Department by that person. Upon notification, the Department will consult with
the Game Commission or the Fish and Boat Commission and appropriate Federal
fish and wildlife agencies and, after consultation, will identify whether, and
under what conditions, the operator may proceed.
(c) Surface mining activity may not be
conducted in a manner which would result in the unlawful taking of a bald or
golden eagle, its nest or its eggs. The operator shall promptly report to the
Department a golden or bald eagle nest within the permit area of which the
operator becomes aware. Upon notification, the Department will consult with the
United States Fish and Wildlife Service and the Game Commission and, after
consultation, will identify whether, and under what conditions, the operator
may proceed.
(d) Surface mining
activity may not be conducted which is likely to jeopardize the continued
existence of endangered or threatened species listed by the Secretary of the
Interior, the Game Commission or the Fish and Boat Commission or which is
likely to result in the destruction or adverse modification of designated
critical habitats of these species in violation of the Endangered Species Act
of 1973 (16 U.S.C.A.
§§
1531-
1544).