Current through Register Vol. 41, No. 3, September 23, 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 division 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 Paragraph (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:
(i) 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 USC
§ 1531 et seq.), or those species or habitats protected by similar State
statutes;
(ii) Habitats of
unusually high value for fish and wildlife such as important streams, wetlands,
riparian areas, cliffs supporting raptors, areas offering special shelter or
protection, migration routes, or reproduction and wintering areas; or
(iii) 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
4VAC25-130-816.97;
(2) Apply, at a
minimum, to species and habitats identified under Paragraph (a) of this
section; and
(3) Include-
(i) 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
(ii) 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 nest 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 division shall provide the resource information required under
Paragraph (a) of this section and the protection and enhancement plan required
under Paragraph (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.
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
