Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.97 - Protection of Fish, Wildlife, and Related Environmental Values

Current through Register Vol. 48, No. 28, July 12, 2024
a) The operator
			 shall, to the extent possible using the best technology currently available,
			 minimize disturbances and adverse impacts of the activities on fish, wildlife,
			 and related environmental values, and shall achieve enhancement of such
			 resources where practicable.
b) No
			 surface mining activity shall be conducted which is likely to jeopardize the
			 continued existence of endangered or threatened species listed by the Secretary
			 of the United States Department of the Interior (Secretary) or which is likely
			 to result in the destruction or adverse modification of designated critical
			 habitats of such species in violation of the Endangered Species Act of 1973, as
			 amended (
			 16
			 U.S.C. 1531 et seq.). The operator shall
			 immediately report to the Department any State- or federally-listed endangered
			 or threatened species within the permit area of which the operator becomes
			 aware. Upon notification, the Department shall consult with appropriate State
			 and Federal fish and wildlife agencies and, after consultation, shall identify
			 whether, and under what conditions, the operator may proceed.
c) No surface mining activity shall be
			 conducted in a manner which would result in the unlawful taking of a bald or
			 golden eagle, its nest, or any of its eggs. The operator shall promptly report
			 to the Department any golden or bald eagle nest within the permit area of which
			 the operator becomes aware. Upon notification, the Department shall consult
			 with the U.S. Fish and Wildlife Service and also, where appropriate, the State
			 fish and wildlife agency and after consultation, shall identify whether, and
			 under what conditions, the operator may proceed in order to ensure that the
			 operation is not in violation of the Endangered Species Act of 1973, as
			 amended, (
			 16
			 U.S.C. 1531 et seq.).
d) Nothing in these regulations shall
			 authorize the taking of an endangered or threatened species or a bald or golden
			 eagle, its nest, or any of its eggs in violation of the Endangered Species Act
			 of 1973, as amended, (
			 16
			 U.S.C. 1531 et seq.), or the Bald Eagle
			 Protection Act, as amended, (
			 16 U.S.C.
			 668 et seq.).
e) Each operator shall, to the extent
			 possible using the best technology currently available:
1) Ensure that electric powerlines 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, except where the Department determines that such
			 requirements are unnecessary, due to factors such as the absence of
			 raptors;
2) Locate and operate haul
			 and access roads so as to avoid or minimize impacts on important fish and
			 wildlife species or other species protected by State or Federal law specified
			 in 62 Ill. Adm. Code
			 1773.12;
3) Design fences, overland conveyers, and
			 other potential barriers to permit passage for large mammals, except where the
			 Department determines that such requirements are unnecessary, due to factors
			 such as the absence of large mammals; and
4) Fence, cover, or use of other appropriate
			 methods to exclude wildlife from ponds which contain hazardous concentrations
			 of toxic-forming materials.