Section 87.84. Fish and wildlife protection and enhancement plan

(a) 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, act of December 28, 1973 (Pub. L. No. 93-205) (87 Stat. 884), during the surface mining activities and how enhancement of these resources will be achieved where practicable. This description shall:

(1) Be consistent with the requirements of § 87.138 (relating to protection of fish, wildlife and related environmental values).

(2) Apply, at a minimum, to species and habitats identified under § 87.50 (relating to fish and wildlife resource information).

(3) Include the following:

(i) Protective measures that will be used during the active mining phase of operation. The 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. The 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.

(b) The Department will provide the resource information required under § 87.50 and the protection and enhancement plan required under subsection (a) to the Game Commission and the Fish Commission for their review. Upon request during the comment period, the Department will furnish the same 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.

The provisions of this § 87.84 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148639).

Notation

Cross References

This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 87.50 (relating to fish and wildlife resource information).