An exposed surface area shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion. Fugitive dust control measures may include, but not be limited to: Periodic watering of unpaved roads; Chemical stabilization of unpaved roads with proper application of nontoxic soil cement or dust palliatives; Paving of roads; Prompt removal of coal, rock, soil, and other dust-forming debris from roads and frequent scraping and compaction of unpaved roads to stabilize the road surface; Restricting the speed of vehicles to reduce fugitive dust caused by travel; Revegetating, mulching, or otherwise stabilizing the surface of all areas adjoining roads that are sources of fugitive dust; Restricting the travel of unauthorized vehicles on other than established roads; Minimizing the area of disturbed land; Prompt revegetation of regraded lands; Restriction of dumping procedures, wetting of disturbed materials during handling, and compaction of disturbed areas; Control of dust from drilling, using water sprays, hoods, dust collectors, or other controls; Reducing the period of time between initially disturbing the soil and revegetating or other surface stabilization; Restricting fugitive dust at spoil and coal transfer and loading points with water sprays; and Enclosing, covering, watering, or otherwise treating loaded haul trucks to reduce loss of material to winds and slippage. Where the Bureau determines that application of the above control measures is inadequate, the Bureau may require additional measures and practices as necessary. Any person conducting surface mining activities shall, to the extent possible, and using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values, and shall achieve enhancement of the resources when practicable. A surface mining activity may not be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of the U.S. Department of the Interior, or which is likely to result in destruction or adverse modification of designated critical habitats of the species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. §1531 et seq.), or similar State statute. Surface mining may not be conducted in a manner which would result in unlawful taking of a bald or golden eagle, its nest, or its eggs. A person conducting surface mining activities who becomes aware of a State or federally listed endangered or threatened species within the permit area, or designated critical habitats of the species as identified by the Endangered Species Act of 1973, as amended (16 U.S.C. §1531 et seq.), or similar State statute, or a golden or bald eagle nest promptly shall notify the Bureau. On notification or discovery of any threatened or endangered species, critical habitat of the species, or golden or bald eagle nest, the Bureau shall consult with appropriate State and federal fish and wildlife agencies and determine whether, and under what conditions, the operator may proceed. This regulation does not authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or its eggs in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. §1531 et seq.), or the Bald Eagle Protection Act as amended (16 U.S.C. §668 et seq.). Each person who conducts surface mining activities shall, to the extent possible and 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 when the Bureau determines these requirements are unnecessary; Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or federal law; Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except when the Bureau determines these requirements are unnecessary; and Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials. If fish and wildlife habitat is to be a primary or secondary postmining land use, the operator shall: Select plant species to be used on reclaimed areas, based on their nutritional and cover value for fish and wildlife and their ability to support and enhance fish and wildlife habitat after release of bonds; 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. If cropland is to be the postmining land use, and when appropriate for wildlife and crop-management practices, and the landowner approves, each person who conducts surface mining activities shall, to the extent possible, 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. If the primary land use is to be residential, public service, or industrial land use, and when the landowner approves, each person who conducts surface mining activity shall, to the extent possible, intersperse reclaimed lands with greenbelts using species of grass, shrubs, and trees useful as food and cover for birds and small animals, unless greenbelts are inconsistent with the approved postmining or adjacent land use. The operator conducting surface mining activities shall avoid disturbance to, enhance when practicable, restore, or replace: Wetlands; Riparian vegetation along rivers and streams and bordering ponds and lakes; and Habitats of unusually high value for fish and wildlife. Environment Article, §15-503, Annotated Code of Maryland Effective date: Regulations .01 and .02 were previously codified as COMAR 08.13.09.27 and .26, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01. Regulation .01 amended effective March 14, 1994 (21:5 Md. R. 403) Chapter recodified from COMAR 08.20.23 to COMAR 26.20.23, June 1996