Section 69-05.2-09-17 - Permit applications - Operation and reclamation plans -Fish and wildlife resources protection and enhancement plan1. Each application must include a plan 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, during surface coal mining and reclamation operations. and how enhancement of these resources will be achieved where practicable. The plan must: a. Be consistent with the requirements of section 69-05.2-13-08. b. Apply, at a minimum, to species and habitats identified under section 69-05.2-08-15. c. Include protective measures that will be used during active mining. The measures may include establishment of buffer zones, selective location and special design of haul roads and powerlines, and monitoring of surface water quality and quantity. d. Include enhancement measures that will be used during the reclamation phase to develop aquatic and terrestrial habitat. The measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and replacement of perches and nest boxes. If the plan does not include enhancement measures, a statement must be given explaining why enhancement is not practicable. e. Include monitoring of selected indicator species to assess surface mining effects on fish and wildlife resources. The applicant shall consult with the commission and state game and fish department before selecting the indicator species. 2. Within ten days of the request, the commission will provide the plan to the United States department of the interior, fish and wildlife service regional or field office for their review. N.D. Admin Code 69-05.2-09-17
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; May 1, 1992; January 1, 1993.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14, 38-14.1-24