So You Have A T/E Species On Your Permit: How To Survive

In 1996, the Office of Surface Mining (OSM) and the U.S. Fish and Wildlife Service (FWS) completed an Endangered Species Act (ESA) programmatic Section 7 consultation. From the resultant Biological Opinion, it was found that coal mining operations conducted under federally approved state regulatory programs would not likely jeopardize the continuation of federally listed species nor result in the destruction or adverse modification of critical habitats. The requirements of the ESA and their integration into the SMCRA permitting process and the responsibilities of the regulatory agency, the FWS and the coal operator will be discussed. Guidance on the development of protection and enhancement plans will be provided and site-specific examples given.