25 Pa. Code § 89.74 - Fish and wildlife resource information
(a) An application shall include fish and
wildlife resource information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the
information shall be determined by the Department in consultation with State
and Federal agencies with responsibilities for fish and wildlife and shall be
sufficient to design the protection and enhancement plan required under
subsection (b).
(2) Site-specific
resource information necessary to address the respective species or habitats
shall be required when the proposed permit area or adjacent area is likely to
include one or more of the following:
(i)
Listed or proposed endangered or threatened species of plants or animals or
their critical habitats listed by the United States Secretary of the Interior
under the Endangered Species Act of 1973 (16 U.S.C.A. §§
1531-1544), or those species or
habitats protected by State law or regulations, including species listed as
threatened or endangered by the Game Commission and the Fish
Commission.
(ii) Habitats of
unusually high value for fish and wildlife such as important streams, wetlands,
riparian areas, cliffs supporting raptors, areas offering special shelter or
protection, migration routes, or reproduction and wintering areas.
(iii) Other species or habitats identified
through agency consultation as requiring special protection under State or
Federal law.
(b) An application shall include a
description of how, to the extent possible using the best technology currently
available, the operator will minimize disturbances and adverse impacts on fish
and wildlife and related environmental values, including compliance with the
Endangered Species Act of 1973, during the underground mining activities and
how enhancement of these resources will be achieved where practicable. This
description shall:
(1) Be consistent with the
requirements of §
89.82 (relating to protection of
fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and
habitats identified under subsection (a).
(3) Include the following:
(i) Protective measures that will be used
during the active mining phase of operation. These measures may include the
establishment of buffer zones, the selective location and special design of
haul roads and powerlines and the monitoring of surface water quality and
quantity.
(ii) Enhancement measures
that will be used during the reclamation and postmining phase of operation to
develop aquatic and terrestrial habitat. These measures may include restoration
of streams and other wetlands, retention of ponds and impoundments,
establishment of vegetation for wildlife food and cover and the replacement of
perches and nest boxes. If the plan does not include enhancement measures, a
statement shall be given explaining why enhancement is not
practicable.
(c) The Department will provide the resource
information required under subsection (a) and the protection and enhancement
plan required under subsection (b) to the Game Commission and the Fish
Commission for their review. Upon request during the comment period, the
Department will furnish the resource information to the United States
Department of the Interior, Fish and Wildlife Service Regional or Field Office.
This information will be provided within 10 days of receipt of the request from
the Service.
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