Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.97 - Protection of fish, wildlife, and related environmental values

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The permittee
				  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 underground mining activity shall be conducted which is
				  likely to jeopardize the continued existence of endangered or threatened
				  species listed by the United States Secretary of the 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 USC § 1531 et seq.). The operator shall promptly
				  report to the division any State or Federally listed endangered or threatened
				  species within the permit area of which the operator becomes aware. Upon
				  notification, the division 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
				  permittee shall promptly report to the division any golden or bald eagle nest
				  within the permit area of which the permittee becomes aware. Upon notification,
				  the division 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 permittee 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 USC § 1531 et seq., or the
				  Bald Eagle Protection Act, as amended, 16 USC § 668 et seq.
(e) Each permittee 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 division 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
				  division 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.