§ 880-X-8I-.18. Fish And Wildlife - Protection And Enhancement Plan
(1) Each 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, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall --
(a) Be consistent with the requirements of 880-X-10D-.45 of this chapter;
(b) Apply, at a minimum, to species and habitats identified in 880-X-8H-.11(1); and
(c) Include --
1. Protective measures that will be used during the active mining phase of operation. Such 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; and
2. Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.
(2) Fish and Wildlife Service Review. Upon request, the Regulatory Authority shall provide the resource information required in 880-X-8H-.11(1) of this section and the protection and enhancement plan required under paragraph (1) of this section to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.
Author: Randall C. Johnson(Original Filed November 14, 1989; effective: March 7, 1991.)
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, et seq.
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