Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 45 - Permanent Program Performance Standards: Underground Mining Activities › Section 460:20-45-35 - Protection of fish, wildlife, and related environmental values

Current through Vol. 41, No. 20, July 1, 2024
(a) The operator
				shall, to the extent possible using the best technology currently available,
				minimize disturbances and adverse impacts on fish, wildlife, and related
				environmental values and shall 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 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 underground 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. 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, underground 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
				othe species protected by State or Federal law; and
(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.
(4) Fence, cover, or use other appropriate
				methods to exclude wildlife from ponds which contain hazardous concentrations
				of toxic-forming materials.