Protection and enhancement plan. Each application shall contain 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, during the surface coal mining and reclamation operations, and how enhancement of these resources will be achieved, where practicable. This description shall:
  (1) be consistent with the requirements of §12.547 of this title (relating to Protection of Fish, Wildlife, and Related Environmental Values);
  (2) apply, at a minimum, to species and habitats identified under §12.179(a) of this title (relating to Fish and Wildlife Resources Information); and
  (3) include:
    (A) protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and power lines, and the monitoring of surface-water quality and quantity; and
    (B) enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

Source Note: The provisions of this §12.195 adopted to be effective April 7, 1997, 22 TexReg 3093.