Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards › Section 460:20-43-35 - 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 ( 16 U.S.C. 1531 et seq.).
				The operator shall promptly report to the Department any 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 this Chapter 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, 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; and
(3) Design fences,
				overland conveyers, 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.