25 Pa. Code § 90.150 - Protection of fish, wildlife and related environmental values
(a) A person
conducting coal refuse disposal activities shall, to the extent possible using
the best technology currently available:
(1)
Minimize disturbances and adverse impacts of the activities on fish, wildlife
and related environmental values, and achieve enhancement of the resources when
practical.
(2) Locate and operate
haul and access roads to avoid or minimize impacts to fish and wildlife species
or other species protected by State or Federal law.
(3) Avoid disturbance to, enhance where
practicable, or restore habitats of unusually high value for fish and
wildlife.
(4) Restore, enhance when
practicable, or maintain natural riparian vegetation on the banks of streams,
lakes and other wetland areas.
(5)
Not use restricted pesticides on the areas during coal refuse disposal
activities, unless approved by the Department of Agriculture.
(6) Do the following, if fish and wildlife
habitat is to be postdisposal land use, in addition to the requirements of
§§
90.151-90.157,
90.159 and
90.160:
(i) Select plant species to be used on
reclaimed areas, based on the following criteria:
(A) Their proven nutritional value for fish
and wildlife.
(B) Their uses as
cover for fish and wildlife.
(C)
Their ability to support and enhance fish and wildlife habitat after release of
bonds.
(ii) Distribute
plant groupings to maximize benefit to fish and wildlife. Plants shall be
grouped and distributed in a manner which optimizes edge effect, cover and
other benefits for fish and wildlife.
(7) 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 for birds and other animals when
cropland is to be the alternative postdisposal land use and when appropriate
for wildlife and crop management practices. Wetlands shall be preserved or
created rather than drained or otherwise permanently abolished.
(8) Intersperse reclaimed lands with
greenbelts utilizing species of grass, shrubs and trees useful as food and
cover for birds and small animals, unless the green belts are inconsistent with
the approved postdisposal land use, when the primary land use is to be
residential, public service or industrial land use.
(9) Design fences, overland conveyors and
other potential barriers to permit passage for large mammals, except if the
Department determines that the requirements are unnecessary.
(10) Fence, cover or use other appropriate
methods to exclude wildlife from ponds which contain hazardous concentrations
of toxic-forming materials.
(b) A person who conducts coal refuse
disposal activities shall promptly report to the Department the presence in the
permit area of threatened or endangered species under State or Federal laws of
which that person becomes aware and which was not previously reported to the
Department by that person. Upon notification, the Department will consult with
the Game Commission or the Fish and Boat Commission and appropriate Federal
fish and wildlife agencies and, after consultation, will identify whether, and
under what conditions, the operator may proceed.
(c) Coal refuse disposal activities may not
be conducted in a manner which would result in the unlawful taking of a bald or
golden eagle, its nest or its eggs. The operator shall promptly report to the
Department a golden or bald eagle nest within the permit area of which the
operator becomes aware. Upon notification, the Department will consult with the
United States Fish and Wildlife Service and the Game Commission and, after
consultation, will identify whether, and under what conditions, the operator
may proceed.
(d) Coal refuse
disposal activities may not be conducted which are likely to jeopardize the
continued existence of endangered or threatened species listed by the Secretary
of the Interior, the Game Commission or the Fish and Boat Commission or which
are likely to result in the destruction or adverse modification of designated
critical habitats of the species in violation of the Endangered Species Act of
1973, 16 U.S.C.A.
§§
1531-1544.
Notes
The provisions of this § 90.150 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.19a); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
This section cited in 25 Pa. Code § 86.151 (relating to period of liability); 25 Pa. Code § 90.48 (relating to fish and wildlife protection and enhancement plan); 25 Pa. Code § 90.105 (relating to stream channel diversions); and 25 Pa. Code § 90.125 (relating to coal refuse disposal: construction requirements).
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