25 Pa. Code § 87.84 - Fish and wildlife protection and enhancement plan
(a) An 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 of 1973, act of December 28, 1973 (Pub. L. No. 93-205)
(87 Stat. 884), during the surface mining activities and how enhancement of
these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of
§
87.138 (relating to protection of
fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and
habitats identified under §
87.50 (relating to fish and
wildlife resource information).
(3)
Include the following:
(i) Protective
measures that will be used during the active mining phase of operation. The
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.
(ii)
Enhancement measures that will be used during the reclamation and postmining
phase of operation to develop aquatic and terrestrial habitat. The measures may
include restoration of streams and other wetlands, retention of ponds and
impoundments, establishment of vegetation for wildlife food and cover and the
replacement of perches and nest boxes. If the plan does not include enhancement
measures, a statement shall be given explaining why enhancement is not
practicable.
(b)
The Department will provide the resource information required under §
87.50 and the protection and
enhancement plan required under subsection (a) to the Game Commission and the
Fish Commission for their review. Upon request during the comment period, the
Department will furnish the same information to the United States Department of
the Interior, Fish and Wildlife Service Regional or Field Office. This
information will be provided within 10 days of receipt of the request from the
Service.
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