Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.97 - 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 surface 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 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 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, surface 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.