Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.138 - Protection of fish, wildlife and related environmental values

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						conducting surface mining activities shall,
to the extent
						possible
using the best technology currently available:
(1) Minimize disturbances and adverse impacts
						of the activities on fish, wildlife and related environmental values, and
						achieve enhancement of the resources when practicable.
(2) Locate and operate haul and access roads
						to avoid or minimize impacts to fish and wildlife species or other species
						protected by State or Federal law.
(3) Avoid disturbance to, enhance where
						practicable, or restore, habitats of unusually high value for fish and
						wildlife.
(4) Restore, enhance when
						practicable, or maintain natural riparian vegetation on the banks of streams,
						lakes and other wetland areas.
(5)
						Not use restricted pesticides on the areas during surface mining and
						reclamation activities, unless approved by the Department of
						Agriculture.
(6) Do the following,
						if fish and wildlife habitat is the postmining land use, in addition to the
						requirements of §§ 87.147-87.153, 87.155 and 87.156:
(i) Select plant species to be used on
						reclaimed areas, based on the following criteria:
(A) Their proven nutritional value for fish
						and wildlife.
(B) Their uses as
						cover for fish and wildlife.
(C)
						Their ability to support and enhance fish and wildlife habitat after release of
						bonds.
(ii) Distribute
						plant grouping to maximize benefit to fish and wildlife. Plants should be
						grouped and distributed in a manner which optimizes edge effect, cover and
						other benefits for fish and wildlife.
(7) Intersperse the fields with trees, hedges
						or fence rows throughout the harvested area to break up large blocks of
						monoculture and to diversify habitat types for birds and other animals, when
						cropland is to be the alternative postmining land use and when appropriate for
						wildlife and crop management practices. Wetlands shall be preserved or created
						rather than drained or otherwise permanently abolished.
(8) Intersperse reclaimed lands with
						greenbelts utilizing species of grass, shrubs and trees useful as food and
						cover for birds and small animals, unless the green belts are inconsistent with
						the approved postmining land use, when the primary land use is to be
						residential, public service or industrial land use.
(9) Design fences, overland conveyors and
						other potential barriers to permit passage for large mammals, except if the
						Department determines that the requirements are unnecessary.
(10) Fence, cover or use other appropriate
						methods to exclude wildlife from ponds which contain hazardous concentrations
						of toxic-forming materials.