Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5383 - Protection of Fish, Wildlife and Related Environmental Values

Current through June 25, 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 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) 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 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.
(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.
					 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 -
(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;
(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;
(3) Design fences,
					 overland conveyors, and other potential barriers to permit passage for large
					 mammals, except where the Department determines that such requirements are
					 unnecessary; and
(4) Fence, cover,
					 or use other appropriate methods to exclude wildlife from ponds which contain
					 hazardous concentrations of toxic-forming materials.