(1) Illumination of the mining operation be limited. (2) Vegetative or architectural screens be established. Q. Protection of Wildlife and Fisheries. The Department may not issue a mining permit for a proposed mining operation that has not made adequate provisions for the protection of wildlife and fisheries. (1) of Review. In determining whether the developer has made adequate provision for the protection of wildlife and fisheries, the Department shall consider all relevant evidence to that effect, such as evidence that: (a) A buffer of sufficient area will be established to provide wildlife with travel lanes between areas of available habitat. (b) Proposed alterations and activities will not adversely affect wildlife and fisheries lifecycles. (c) There will be no unreasonable disturbance to: (i) High and moderate value deer wintering areas: (ii) Habitat of any species declared threatened or endangered by the Commissioner, Maine Department of Inland Fisheries and Wildlife or the Director of the United States Fish and Wildlife Service: nesting islands; (iv) Significant vernal pools; (v) High and moderate waterfowl and wading bird habitat; and (vi) Shorebird nesting, feeding, and staging areas. (2) Submissions. Applications for approval of a proposed mining operation shall include evidence that affirmatively demonstrates that the Applicant has made adequate provision for the protection of wildlife and fisheries, including information such as the following, when appropriate: (a) The location of natural buffer strips and adequate provision for maintenance; and (b) to mitigate adverse effects on wildlife and fisheries through means that at a minimum include, but are not limited to, design considerations, pollution-abatement practices, the timing of construction activities, and on-site or off-site habitat improvements or preservation. (3) Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that an applicant has made adequate provision for the protection of wildlife and fisheries.
(1) Illumination of the mining operation be limited. (2) Vegetative or architectural screens be established. Q. Protection of Wildlife and Fisheries. The Department may not issue a mining permit for a proposed mining operation that has not made adequate provisions for the protection of wildlife and fisheries. (1) of Review. In determining whether the developer has made adequate provision for the protection of wildlife and fisheries, the Department shall consider all relevant evidence to that effect, such as evidence that: (a) A buffer of sufficient area will be established to provide wildlife with travel lanes between areas of available habitat. (b) Proposed alterations and activities will not adversely affect wildlife and fisheries lifecycles. (c) There will be no unreasonable disturbance to: (i) High and moderate value deer wintering areas: (ii) Habitat of any species declared threatened or endangered by the Commissioner, Maine Department of Inland Fisheries and Wildlife or the Director of the United States Fish and Wildlife Service: nesting islands; (iv) Significant vernal pools; (v) High and moderate waterfowl and wading bird habitat; and (vi) Shorebird nesting, feeding, and staging areas. (2) Submissions. Applications for approval of a proposed mining operation shall include evidence that affirmatively demonstrates that the Applicant has made adequate provision for the protection of wildlife and fisheries, including information such as the following, when appropriate: (a) The location of natural buffer strips and adequate provision for maintenance; and (b) to mitigate adverse effects on wildlife and fisheries through means that at a minimum include, but are not limited to, design considerations, pollution-abatement practices, the timing of construction activities, and on-site or off-site habitat improvements or preservation. (3) Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that an applicant has made adequate provision for the protection of wildlife and fisheries.
096c200.docx