Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources
Rule 17.24.751 - PROTECTION AND ENHANCEMENT OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES
Current through Register Vol. 6, March 22, 2024
(1) No surface or underground mining operation may be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the secretary of the interior or which is likely to result in the destruction or adverse modification of designated critical habitat of such species in violation of the Endangered Species Act of 1973, as amended (16 USC 1531, et seq.), or which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs, as a result of the mining operation. The operator shall promptly report to the department and the U.S. fish and wildlife service the presence in the permit area of any listed threatened or endangered species or critical habitat thereof, any plant or animal listed as threatened or endangered by Montana, or any bald or golden eagle roost site, seasonal concentration area, or breeding territory of which the operator becomes aware and which was not previously reported to the department. Upon notification, the department shall consult with appropriate state and federal fish and wildlife agencies and shall thereafter identify whether and under what conditions the operator may proceed. The U.S. fish and wildlife service's threatened and endangered species-specific protective measures must be implemented when so determined by the department in consultation with the U.S. fish and wildlife service.
(2) In addition to the requirements of 82-4-231 (10) (j), MCA, the operator shall:
AUTH: 82-4-205, MCA; IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA