§ 89.74. Fish and wildlife resource information.
(a) An application shall include fish and wildlife resource information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under subsection (b).
(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the proposed permit area or adjacent area is likely to include one or more of the following:
(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the United States Secretary of the Interior under the Endangered Species Act of 1973 (16 U.S.C.A. § § 1531—1544), or those species or habitats protected by State law or regulations, including species listed as threatened or endangered by the Game Commission and the Fish Commission.
(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas.
(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.
(b) An application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act of 1973, during the underground mining activities and how enhancement of these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of § 89.82 (relating to protection of fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and habitats identified under subsection (a).
(3) Include the following:
(i) Protective measures that will be used during the active mining phase of operation. These measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines and the monitoring of surface water quality and quantity.
(ii) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. These measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover and the replacement of perches and nest boxes. If the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.
(c) The Department will provide the resource information required under subsection (a) and the protection and enhancement plan required under subsection (b) to the Game Commission and the Fish Commission for their review. Upon request during the comment period, the Department will furnish the resource information to the United States Department of the Interior, Fish and Wildlife Service Regional or Field Office. This information will be provided within 10 days of receipt of the request from the Service.
Source The provisions of this § 89.74 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148943) to (148944).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services).
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