Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.23 - Environmental Resources Protection › Section 26.20.23.02 - Fish and Wildlife Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Any person conducting surface mining activities shall, to the extent possible,
				  and using the best technology currently available, minimize disturbances and
				  adverse impacts on fish, wildlife, and related environmental values, and shall
				  achieve enhancement of the resources when practicable.
B. A surface mining activity may not be
				  conducted which is likely to jeopardize the continued existence of endangered
				  or threatened species listed by the Secretary of the U.S. Department of the
				  Interior, or which is likely to result in destruction or adverse modification
				  of designated critical habitats of the species in violation of the Endangered
				  Species Act of 1973, as amended (16 U.S.C. §
											1531 et seq.), or
				  similar State statute. Surface mining may not be conducted in a manner which
				  would result in unlawful taking of a bald or golden eagle, its nest, or its
				  eggs.
C. A person conducting
				  surface mining activities who becomes aware of a State or federally listed
				  endangered or threatened species within the permit area, or designated critical
				  habitats of the species as identified by the Endangered Species Act of 1973, as
				  amended (16 U.S.C. §
											1531 et seq.), or similar State statute, or a
				  golden or bald eagle nest promptly shall notify the Bureau.
D. On notification or discovery of any
				  threatened or endangered species, critical habitat of the species, or golden or
				  bald eagle nest, the Bureau shall consult with appropriate State and federal
				  fish and wildlife agencies and determine whether, and under what conditions,
				  the operator may proceed.
E. This
				  regulation does not authorize the taking of an endangered or threatened species
				  or a bald or golden eagle, its nest, or 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.).
F. Each person who conducts
				  surface mining activities shall, to the extent possible and 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 when the
				  Bureau determines these 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 when the
				  Bureau determines these 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.