Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5399 - Protection of Fish, Wildlife and Related Environmental Values

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  conducting surface mining activities shall, to the extent possible using the
				  best technology currently available, minimize disturbances and adverse impact
				  of the activities on fish, wildlife and related environmental values, and
				  achieve enhancement of such resources where practicable.
B. Endangered and Threatened Species. 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 interior 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
				  promptly report to the office any state- or federally-listed endangered or
				  threatened species within the permit area of which the operator becomes aware.
				  Upon notification, the office 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. Bald and Golden Eagles. 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 office any golden or bald eagle nest within the
				  permit area of which the operator becomes aware. Upon notification, the office
				  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.
D. Nothing in this Section
				  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.
				  1537 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, 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 office determines that such
				  requirements are unnecessary.
F.
				  Each person who conducts surface mining activities shall, to the extent
				  possible using the best technology currently available:
1. locate and operate haul and access roads
				  so as to avoid or minimize impacts to important fish and wildlife species or
				  other species protected by state and federal laws;
2. fence roadways where specified by the
				  office to guide locally important wildlife to roadway underpasses. No new
				  barrier shall be created in known and important wildlife migration
				  routes;
3. fence, cover, or use
				  other appropriate methods to exclude wildlife from ponds which contain
				  hazardous concentrations of toxic-forming materials;
4. restore, enhance where practicable, or
				  avoid disturbance to habitats of unusually high value for fish and
				  wildlife;
5. restore, enhance where
				  practicable, or maintain natural riparian vegetation on the banks of streams,
				  lakes and other wetland areas;
6.
				  afford protection to aquatic communities by avoiding stream channels as
				  required in
				  §5349 or
				  restoring stream channels as required in §5323;
7. not use persistent pesticides on the area
				  during surface mining and reclamation activities, unless approved by the
				  office;
8. to the extent possible
				  prevent, control and suppress range, forest and coal fires which are not
				  approved by the office as part of a management plan;
9. avoid disturbances to, enhance where
				  practicable, restore or replace wetlands and riparian vegetation along rivers
				  and streams and bordering ponds and lakes. Surface mining activities shall
				  avoid disturbances to, enhance where practicable, or restore habitats of
				  unusually high value for fish and wildlife;
10. if fish and wildlife habitat is to be a
				  primary or secondary post-mining land use, the operator shall in addition to
				  the requirements of §§5417-5423:
a.
				  select plant species to be used on reclaimed areas, based on the following
				  criteria:
i. their proven nutritional value
				  for fish and wildlife;
ii. their
				  use as cover for fish and wildlife; and
iii. their ability to support and enhance
				  fish and wildlife habitat after release of bonds;
b. 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;
11. where
				  cropland is to be the post-mining 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 for birds and other animals.
				  Wetlands shall be preserved or created rather than drained or otherwise
				  permanently abolished;
12. 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 post-mining land
				  use.