Current through Register Vol. 54, No. 50, December 14, 2024
Section 89.65 - Protection of fish, wildlife and related environmental values(a) The operator shall to the extent possible, using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values, and achieve enhancement of the resources when practicable.(b) The operator shall promptly report to the Department the presence in the permit area of any threatened or endangered species under State or Federal law of which that person becomes aware and which was not previously reported to the Department by that person.(c) The operator shall ensure that the design and construction of any new electric power lines and other transmission facilities to be used for or incidental to the underground mining activities on the permit area shall be designed and constructed in accordance with the guidelines in Environmental Criteria for Electric Transmission Systems (USDI, ISDA (1970)), or in alternative guidance manuals approved by the Department. Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10 Powerline Contact by Eagles and Other Large Birds or in alternative guidance manuals approved by the Department. For information purposes, these two documents are available at the Office of Surface Mining Office, United States Department of the Interior, South Interior Building, Washington, D.C., 20240, and at each Office of Surface Mining Regional Office, District Office and Field Office.(d) The operator shall to the extent possible, using the best technology currently available: (1) 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.(2) Avoid disturbances to, enhance where practicable, or restore habitats of unusually high value for fish and wildlife.(3) When practicable, maintain natural riparian vegetation on the banks of streams, lakes and other wetland areas.(4) Not use restricted pesticides or herbicides on the area during underground mining and reclamation activities unless approved by the Department of Agriculture.The provisions of this § 89.65 adopted July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended May 8, 1998, effective 5/9/1998, 28 Pa.B. 2227. This section cited in 25 Pa. Code § 89.173 (relating to performance standards).