Current through Vol. 42, No. 1, September 16, 2024
(a)
Resource information. Each
application shall include fish and wildlife resource information for the permit
area and adjacent area.
(1) The scope and
level of detail for such information shall be determined by the Department in
consultation with State and Federal agencies with responsibilities for fish and
wildlife and shall be sufficient to design the protection and enhancement plan
required under Subsection (b) of this Section.
(2) Site-specific resource information
necessary to address the respective species or habitats shall be required when
the permit area or adjacent area is likely to include:
(A) Listed or proposed endangered or
threatened species of plants or animals or their critical habitats listed by
the Secretary under the endangered Species Act of 1973, as amended ( 16 U.S.C.
1531 et seq.), or those species or habitats protected by similar State
statutes;
(B) Habitats of unusually
high value for fish and wildlife such as important streams, wetlands, riparian
area, cliffs supporting raptors, areas offering special shelter or protection,
migration routes, or reproduction and wintering areas; or
(C) Other species or habitats identified
through agency consultation as requiring special protection under State or
Federal law.
(b)
Protection and enhancement
plan. Each application shall include a description 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 the surface coal mining and reclamation operations and how enhancement
of these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of
Section
460:20-45-35
of this Chapter;
(2) Apply, at a
minimum, to species and habitats identified under Subsection (a) of this
section; and
(3) Include-
(A) Protective measures that will be used
during the active mining phase of operation. Such measures may include the
establishment of buffer zones, the selective location and special design of
haul roads and powerlines, and the monitoring of surface water quality and
quantity; and
(B) Enhancement
measures that will be used during the reclamation and postmining phase of
operation to develop aquatic and terrestrial habitat. Such measures may include
restoration of streams and other wetlands, retention of ponds and impoundments,
establishment of vegetation for wildlife food and cover, and the placement of
perches and next boxes. Where the plan does not include enhancement measures, a
statement shall be given explaining why enhancement is not
practicable.
(c)
Fish and Wildlife Service
Review. Upon request, the Department shall provide the resource
information required under Subsection (a) of this section and the protection
and enhancement plan required under Subsection (b) of this section to the U.S.
Department of the Interior, fish and Wildlife Service Regional or Field Office
for their review. This information shall be provided within 10 days of receipt
of the request from the Service.
