Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 6 - Performance Standards
Section 6-46 - Surface mining; protection of fish, wildlife, and related environmental values
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 46.
(a) Any person conducting surface mining activities shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife, and their habitats, and achieve enhancement of those resources where practicable.
(b) No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the secretary 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, as amended ( 16 U.S.C. 1531, et seq.). The permittee shall promptly report to the director any endangered or threatened species that is listed by the state or federal government within the permit area of which the permittee becomes aware. Upon notification, the director shall consult with the United States Fish and Wildlife Service and the division of fish and wildlife of the department. After the consultation, the director shall determine whether, or under what conditions, the permittee may proceed.
(c) A person who conducts surface mining activities shall ensure that the design and construction of electric power lines and other transmission facilities used for or incidental to the surface mining activities on the permit area are in accordance with the guidelines set forth in Environmental Criteria for Electric Transmission System (USDI, USDA, (1970)). Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds. For informational purposes, these two (2) documents are available at the OSM Office, United States Department of the Interior, South Interior Building, Washington, D.C., 20240, at each OSM regional office, district office, and field office and at the central and field office of the division of reclamation.
(d) No surface mining activity shall 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 director any golden or bald eagle nest within the permit area of which the permittee becomes aware. Upon notification, the director shall consult with the United States Fish and Wildlife Service and the division of fish and wildlife of the department. After the consultation, the director shall determine whether, or under what conditions, the permittee may proceed.
(e) Each person who conducts surface mining activities shall, to the extent possible using the best technology currently available, establish the following: