(4) Each permittee shall to the extent
possible using the best technology currently available:
(a) Locate and operate haul and access roads
and overland conveyor systems so as to avoid or minimize impacts to important
fish and wildlife species or other species protected by state or federal
law;
(b) Fence roadways where
specified by the cabinet to guide locally important wildlife to roadway
underpasses. No new barrier shall be created in known and important wildlife
migration routes;
(c) Fence, cover,
or use other appropriate methods to exclude wildlife from ponds which contain
hazardous concentrations of toxic-forming materials;
(d) Restore, enhance where practicable, or
avoid disturbances to habitats of unusually high value for fish and
wildlife;
(e) Restore, enhance
where practicable, or maintain natural reparian vegetation on the banks of
streams, lakes, and other wetland areas;
(f) Afford protection to aquatic communities
by avoiding stream channels or restoring stream channels as required in
405 KAR
30:310, Section 2;
(g) Not use persistent pesticides on the area
during operations unless approved by the cabinet;
(h) To the extent possible prevent, control,
and suppress fires which are not approved by the cabinet as part of a
management plan;
(i) If fish and
wildlife habitat is to be a primary or secondary postmining land use, the
operator shall, in addition to the requirements of 405 KAR
38:400:
1. Select plant species to be used on
reclaimed areas, based on the following criteria: their proven nutritional
value for fish and wildlife; their uses as cover for fish and wildlife; and
their ability to support and enhance fish and wildlife habitat after release of
bonds; and
2. Distribute plant
groupings to maximize benefit to fish and wildlife. Plants should be grouped
and distributed in a manner which optimizes edge effect, cover, and other
benefits for fish and wildlife;
(j) Where cropland is to be the alternative
postmining land use on lands diverted from a fish and wildlife premining land
use, and where appropriate for wildlife and crop management practices,
intersperse the fields with trees, hedges or fence rows throughout the
harvested area to break up large blocks of monoculture and to diversify habitat
types of birds and other animals. Wetlands shall be preserved or created rather
than drained or otherwise permanently abolished; and
(k) Where the primary land use is to be
residential, public service, or industrial land use, intersperse reclaimed
lands with greenbelts, utilizing species of grass, shrubs and trees useful as
food and cover for birds and small animals, unless such greenbelts are
inconsistent with the approved postmining land use.