West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02 - West Virginia Surface Mining Reclamation Rule › Section 38-2-8 - Fish and Wildlife Considerations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Protection of Fish, Wildlife and Related Environmental Values.
8.1.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.
8.1.b. No surface mining activity shall be
				conducted which is likely to jeopardize the continued existence of endangered
				or threatened species or which are 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 Secretary any state or federally listed endangered or
				threatened species within the permit area of which the operator becomes aware.
				Upon notification, the Secretary 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.
8.1.c. 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 Secretary any golden or bald eagle nest within the permit area of which
				the operator becomes aware. Upon notification, the Secretary 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.
8.1.d. Nothng 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.
8.1.e. Each operator shall, to the extent
				possible using the best technology currently available:
8.1.e.1. Ensure that electric power lines 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 Secretary determines that
				such requirements are unnecessary;
8.1.e.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;
8.1.e.3. Design fences, overland conveyors,
				and other potential barriers to permit passage for large mammals, except where
				the Secretary determines that such requirements are unnecessary; and
8.1.e.4. Fence, cover, or use other
				appropriate methods to exclude wildlife from ponds which contain hazardous
				concentrations of toxic-forming materials.