Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-2-8 - Fish and Wildlife Considerations8.1. Protection of Fish, Wildlife and Related Environmental Values. 8.1.a. The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such resources where practicable.8.1.b. No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species or which are likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act ( 16 U.S.C. 1531 et seq.). The operator shall promptly report to the Secretary any state or federally listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the Secretary 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.8.1.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 Secretary any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the Secretary 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.8.1.d. Nothng in this chapter 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.8.1.e. Each operator shall, to the extent possible using the best technology currently available: 8.1.e.1. Ensure that electric power lines 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 Secretary determines that such requirements are unnecessary;8.1.e.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;8.1.e.3. Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except where the Secretary determines that such requirements are unnecessary; and8.1.e.4. Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.8.2. Habitat development. 8.2.a. The operator 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.8.2.b. Where fish and wildlife habitat is to be a postmining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria: 8.2.b.1. Their proven nutritional value for fish or wildlife.8.2.b.2. Their use as cover for fish or wildlife.8.2.b.3. Their ability to support and enhance fish or wildlife habitat after the release of bonds. The selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to fish and wildlife.8.2.c. Where cropland is to be the postmining land use, and 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.8.2.d. Where residential, public service, or industrial uses are to be the postmining land use, and where consistent with the approved postmining land use, the operator shall intersperse reclaimed lands with green belts utilizing species of grass, shrubs, and trees useful as food and cover for wildlife.8.2.e. In order to promote the enhancement of food, shelter and habitat for wildlife, the practice of creating a timber windrow is encouraged. All unmarketable timber may be used to create a windrow within the permitted area as approved by the Secretary in the mining and reclamation plan. The windrow shall be designed and approved as part of a wildlife planting plan and authorized where the postmining land use includes wildlife habitat. In planning and constructing the windrow, care shall be taken not to impound water or and shall not be placed in such manner or Location to block natural drainways. The windrow shall be placed in a uniform and workmanlike parallel line and located so as to improve habitat, food and shelter for wildlife. Areas in and around the windrow shall be seeded after construction with approved, native plant species to provide for erosion control and wildlife enhancement. Construction of the wildlife timber windrow shall take place within the permit area and should be placed immediately below or adjacent to the sediment control system, maintaining a sufficient distance to prevent mixing of spoil material with the selectively placed timber. The placement of spoil material, debris, abandoned equipment, root balls and other undesirable material in the windrow are prohibited.