30 CFR 816.97 - How must I protect and enhance fish, wildlife, and related environmental values?

§ 816.97 How must I protect and enhance fish, wildlife, and related environmental values?

(a)General requirements. You, the permittee, must, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and achieve enhancement of those resources where practicable, as described in detail in the fish and wildlife protection and enhancement plan approved in the permit in accordance with § 780.16 of this chapter.

(b)Requirements related to federal, state, and tribal endangered species laws. -

(1)Requirements related to the Endangered Species Act of 1973.

(i) You may not conduct any surface mining activity that is in violation of the Endangered Species Act of 1973, 16 U.S.C. 1531et seq. Nothing in this chapter authorizes the taking of a species listed as threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. 1531et seq., or the destruction or adverse modification of designated critical habitat unless the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, as applicable, authorizes the taking of a threatened or endangered species or the destruction or adverse modification of designated critical habitat under 16 U.S.C. 1536(b)(4) or 1539(a)(1)(B).

(ii) You must promptly report to the regulatory authority the presence of any previously unreported species listed as threatened or endangered, or any previously unreported species proposed for listing as threatened or endangered, under the Endangered Species Act of 1973, 16 U.S.C. 1531et seq., within the permit or adjacent areas. This requirement applies regardless of whether the species was listed before or after permit issuance.

(iii)

(A) Upon receipt of a notification under paragraph (b)(2)(ii) of this section, the regulatory authority will contact and coordinate with the appropriate state, tribal, and federal fish and wildlife agencies.

(B) The regulatory authority, in coordination with the appropriate state, tribal, and federal fish and wildlife agencies, will identify whether, and under what conditions, you may proceed. When necessary to ensure compliance with the Endangered Species Act of 1973, 16 U.S.C. 1531et seq., the regulatory authority will issue an order under § 774.10(b) of this chapter requiring that you revise the permit.

(iv) You must comply with any species-specific protection measures required by the regulatory authority in coordination with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, as applicable.

(2)Requirements related to state and tribal endangered species laws.

(i) You must promptly report to the regulatory authority any previously unreported state-listed or tribally-listed threatened or endangered species within the permit or adjacent areas whenever you become aware of its presence. This requirement applies regardless of whether the species was listed before or after permit issuance.

(ii)

(A) Upon receipt of a notification under paragraph (b)(2)(i) of this section, the regulatory authority will contact and coordinate with the appropriate state or tribal fish and wildlife agencies.

(B) The regulatory authority, in coordination with the appropriate state or tribal fish and wildlife agencies, will identify whether, and under what conditions, you may proceed. When necessary, the regulatory authority will issue an order under § 774.10(b) of this chapter requiring that you revise the permit.

(c)Bald and golden eagles.

(1) You may not conduct any surface mining activity in a manner that would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs.

(2) You must promptly report to the regulatory authority any golden or bald eagle nest within the permit area of which you become aware.

(3) Upon notification, the regulatory authority will contact and coordinate with the U.S. Fish and Wildlife Service and, when appropriate, the state or tribal fish and wildlife agency to identify whether, and under what conditions, you may proceed.

(4) Nothing in this chapter authorizes the taking of a bald or golden eagle, its nest, or any of its eggs in violation of the Bald and Golden Eagle Protection Act, 16 U.S.C. 668- 668d.

(d)Miscellaneous protective measures for other species of fish and wildlife. To the extent possible, using the best technology currently available, you must -

(1) Ensure that electric power transmission lines and other transmission facilities used for, or incidental to, surface mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors and other avian species with large wingspans.

(2) Locate, construct, operate, and maintain haul and access roads and sedimentation control structures in a manner that avoids or minimizes impacts on important fish and wildlife species or other species protected by state or federal law.

(3) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except where the regulatory authority determines that such requirements are unnecessary.

(4) Fence, cover, or use other appropriate methods to exclude wildlife from ponds that contain hazardous concentrations of toxic or toxic-forming materials.

(5) Reclaim and reforest lands that were forested at the time of application and lands that would revert to forest under conditions of natural succession in a manner that enhances recovery of the native forest ecosystem as expeditiously as practicable.

(e)Wetlands.

(1) To the extent possible, using the best technology currently available, you must avoid disturbances to wetlands and, where practicable, enhance them. If avoidance is not possible, you must restore or replace wetlands that you disturb and, where practicable, enhance them.

(2) Nothing in paragraph (e)(1) of this section authorizes destruction or degradation of wetlands in violation of section 404 of the Clean Water Act, 33 U.S.C. 1344.

(f)Habitat of unusually high value for fish and wildlife. To the extent possible, using the best technology currently available, you must avoid disturbances to and, where practicable, enhance riparian and other native vegetation along rivers and streams, lentic vegetation bordering ponds and lakes, and habitat of unusually high value for fish and wildlife, as described in § 779.20(c)(3) of this chapter. If avoidance of these features is not possible, you must restore or replace those features and, where practicable, enhance them.

(g)Vegetation requirements for fish and wildlife habitat postmining land use. Where fish and wildlife habitat is a postmining land use, you must select and arrange the plant species to be used for revegetation to maximize the benefits to fish and wildlife. Plant species must be native to the area and must be selected on the basis of the following criteria:

(1) Their proven nutritional value for fish or wildlife.

(2) Their value as cover for fish or wildlife.

(3) Their ability to support and enhance fish or wildlife habitat after the release of performance bonds.

(4) Their ability to sustain natural succession by allowing the establishment and spread of plant species across ecological gradients. You may not use invasive plant species that are known to inhibit natural succession.

(h)Vegetation requirements for cropland postmining land use. Where cropland is the postmining land use, and where appropriate for wildlife-management and crop-management practices, you must intersperse the crop fields with trees, hedges, or fence rows to break up large blocks of monoculture and to diversify habitat types for birds and other animals.

(i)Vegetation requirements for forestry postmining land uses. Where forestry, whether managed or unmanaged, is the postmining land use, you must plant native tree and understory species to the extent that doing so is not inconsistent with the type of forestry to be practiced as part of the postmining land use. In all cases, regardless of the type of forestry to be practiced as part of the postmining land use, you must intersperse plantings of commercial species with plantings of native trees and shrubs of high value to wildlife.

(j)Vegetation requirements for other postmining land uses. Where residential, public service, commercial, industrial, or intensive recreational uses are the postmining land use, you must establish -

(1) Greenbelts comprised of non-invasive native plants that provide food or cover for wildlife, unless greenbelts would be inconsistent with the approved postmining land use plan for that site.

(2)

(i) A vegetated buffer at least 100 feet wide along each bank of all perennial and intermittent streams within the permit area. The width of the buffer must be measured horizontally on a line perpendicular to the stream, beginning at the ordinary high water mark. The buffer must be planted with species native to the area, including species adapted to and suitable for planting in any floodplains or other riparian habitat located within the buffer. The species planted must consist of native tree and understory species if the land was forested at the time of application or if it would revert to forest under conditions of natural succession.

(ii) Paragraph (j)(2)(i) of this section does not apply to situations in which a vegetated buffer comprised of native species would be incompatible with an approved postmining land use that is implemented before final bond release under §§ 800.40 through 800.43 of this chapter.

(k)Planting arrangement requirements. You must design and arrange plantings in a manner that optimizes benefits to wildlife to the extent practicable and consistent with the postmining land use.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 30 - MINERAL LANDS AND MINING

Title 30 published on 2015-10-21

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 816 after this date.

  • 2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016
    1. 81 FR 93066 - Stream Protection Rule
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement
      Final rule.
      This rule is effective January 19, 2017.
      30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827
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