Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements
Rule 17.24.312 - FISH AND WILDLIFE PLAN
Universal Citation: MT Admin Rules 17.24.312
Current through Register Vol. 6, March 22, 2024
(1) Each application must contain a fish and wildlife plan, consistent with ARM 17.24.751 that provides:
(a) a description of how the plan will
minimize disturbances and adverse impacts on fish, wildlife, and related
environmental values during mining and reclamation operations, how enhancement
of these resources will be achieved, where practicable, and how the plan will
comply with the Endangered Species Act of 1973, as amended. The plan must
apply, at a minimum, to species and habitats identified in ARM
17.24.304(1) (j)
(i) and (iii), and must cover the permit area
and portions of adjacent areas as determined by the department pursuant to ARM
17.24.304(1) (j)
(v);
(b) a description of the wildlife habitat
enhancement features that will be integrated with other land uses, pursuant to
82-4-232(9), MCA,
and ARM 17.24.313;
(c) if the applicant states that it will not
be practicable, in accordance with (1), to achieve a condition that clearly
shows a trend toward enhancement of fish and wildlife resources at the time
revegetation has been successfully completed, a statement documenting, to the
satisfaction of the department, why it is not practicable to achieve such a
condition; and
(d) a statement
explaining how the applicant will utilize impact control measures, management
techniques, and annual monitoring methods to protect or enhance the following,
if they are to be affected by the proposed activities:
(i) threatened or endangered species of
plants or animals listed by the U.S. secretary of interior under the Endangered
Species Act of 1973, as amended (16 USC 1531, et seq.) and their
critical habitats;
(ii) species
such as eagles, migratory birds, other animals protected by state or federal
law, and their habitats, and any other species identified through the
consultation process pursuant to ARM
17.24.304(1) (j);
and
(iii) habitats of unusually
high value for fish and wildlife, such as wetlands, riparian areas, cliffs
supporting raptors, areas offering special shelter or protection, reproduction
and nursery areas, and wintering areas.
(2) Upon request, the department shall provide the fish and wildlife resource information required in ARM 17.24.304(1) (j), 17.24.312, and 17.24.751, as well as any other rule dealing with fish and wildlife, to the U.S. fish and wildlife service regional or field office for review. This information must be provided within 10 days of receipt of the request.
AUTH: 82-4-205, MCA; IMP: 82-4-222, 82-4-232, MCA
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