Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.751 - PROTECTION AND ENHANCEMENT OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES

Current through Register Vol. 13, July 5, 2024
(1) No surface or underground mining
				operation may be conducted which is likely to jeopardize the continued
				existence of endangered or threatened species listed by the secretary of the
				interior or which is likely to result in the destruction or adverse
				modification of designated critical habitat of such species in violation of the
				Endangered Species Act of 1973, as amended (16 USC
				1531, et seq.), or which would result in the
				unlawful taking of a bald or golden eagle, its nest, or any of its eggs, as a
				result of the mining operation. The operator shall promptly report to the
				department and the U.S. fish and wildlife service the presence in the permit
				area of any listed threatened or endangered species or critical habitat
				thereof, any plant or animal listed as threatened or endangered by Montana, or
				any bald or golden eagle roost site, seasonal concentration area, or breeding
				territory of which the operator becomes aware and which was not previously
				reported to the department. Upon notification, the department shall consult
				with appropriate state and federal fish and wildlife agencies and shall
				thereafter identify whether and under what conditions the operator may proceed.
				The U.S. fish and wildlife service's threatened and endangered species-specific
				protective measures must be implemented when so determined by the department in
				consultation with the U.S. fish and wildlife service.
(2) In addition to the requirements of
				82-4-231 (10)
				(j), MCA, the operator shall:
(a) ensure that the design and construction
				of electric powerlines and other transmission facilities used for or incidental
				to the strip or underground mining operations on the permit area are adequate
				to minimize collisions and electrocutions of raptors, waterfowl, and other
				wildlife species. All powerlines must be constructed in accordance with
				"Suggested Practices for Raptor Protection on Power Lines: The State of the Art
				in 1996 (Avian Power Line Interaction Committee, 1996) ", which is incorporated
				by reference into this rule, or alternative guidance manuals approved by the
				department. For informational purposes, this document is on file at the Helena
				office of the department;
(b)
				locate and operate haul and access roads to avoid or minimize impacts to
				important fish and wildlife species or other species protected by state or
				federal law;
(c) design and
				construct fences, overland conveyers, and other potential structures to permit
				passage of large mammals, except where the department determines that such
				requirements are unnecessary;
(d)
				fence, cover, or use other appropriate methods to exclude wildlife from ponds
				that contain hazardous concentrations of toxic-forming materials;
(e) consult with appropriate state and
				federal fish and wildlife and land management agencies to ensure that
				reclamation will provide for habitat needs of various wildlife species in
				accordance with the approved postmining land use. Pursuant to
				82-4-231 (10) (j)
				and 82-4-232 (9),
				MCA, special attention must be given to inanimate elements such as rock
				outcrops, boulders, rubble, dead trees, etc., that may have existed on the
				surface prior to mining, and to plant species with proven nutritional and cover
				value for fish and wildlife. Plant groupings and water sources must be
				distributed to fulfill the requirements of fish and wildlife;
(f) restore, consistent with
				82-4-231 (10)
				(j),
				82-4-232 (9), and
				82-4-233, MCA, or avoid
				disturbance to wetlands, riparian vegetation along rivers and streams and
				bordering ponds and lakes, and other habitats of unusually high value for fish
				and wildlife, and, where practicable, enhance such habitats; and
(g) afford protection to aquatic communities
				by avoiding stream channels (see ARM
				17.24.651) or by restoring stream
				channels as required in ARM
				17.24.634.