La. Admin. Code tit. 43 § XV-5399

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-5399 - Protection of Fish, Wildlife and Related Environmental Values

A. Any person conducting surface mining activities shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impact of the activities on fish, wildlife and related environmental values, and achieve enhancement of such resources where practicable.

B. Endangered and Threatened Species. No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the secretary of interior or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall promptly report to the office any state- or federally-listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the office 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.

C. Bald and Golden Eagles. 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 office any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the office 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.

D. Nothing in this Section 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. 1537 et seq.), or the Bald Eagle Protection Act, as amended, (16 U.S.C. 668 et seq.).

E. Each operator shall, to the extent possible using the best technology currently available, ensure that electric powerlines 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 office determines that such requirements are unnecessary.

F. Each person who conducts surface mining activities shall, to the extent possible using the best technology currently available:

1. locate and operate haul and access roads so as to avoid or minimize impacts to important fish and wildlife species or other species protected by state and federal laws;

2. fence roadways where specified by the office to guide locally important wildlife to roadway underpasses. No new barrier shall be created in known and important wildlife migration routes;

3. fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials;

4. restore, enhance where practicable, or avoid disturbance to habitats of unusually high value for fish and wildlife;

5. restore, enhance where practicable, or maintain natural riparian vegetation on the banks of streams, lakes and other wetland areas;

6. afford protection to aquatic communities by avoiding stream channels as required in §5349 or restoring stream channels as required in §5323;

7. not use persistent pesticides on the area during surface mining and reclamation activities, unless approved by the office;

8. to the extent possible prevent, control and suppress range, forest and coal fires which are not approved by the office as part of a management plan;

9. avoid disturbances to, enhance where practicable, restore or replace wetlands and riparian vegetation along rivers and streams and bordering ponds and lakes. Surface mining activities shall avoid disturbances to, enhance where practicable, or restore habitats of unusually high value for fish and wildlife;

10. if fish and wildlife habitat is to be a primary or secondary post-mining land use, the operator shall in addition to the requirements of §§5417-5423:

a. select plant species to be used on reclaimed areas, based on the following criteria:

i. their proven nutritional value for fish and wildlife;

ii. their use as cover for fish and wildlife; and

iii. their ability to support and enhance fish and wildlife habitat after release of bonds;

b. distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover and other benefits for fish and wildlife;

11. where cropland is to be the post-mining land use and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished;

12. where the primary land use is to be residential, public service or industrial land use, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such greenbelts are inconsistent with the approved post-mining land use.

La. Admin. Code tit. 43, § XV-5399

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.