Title 26 — Subtitle 20. Surface Coal Mining and Reclamation Under Federally Approved Program

In this subtitle, the following terms have the meanings indicated.

Terms Defined.

A person may not conduct surface coal mining and reclamation operations as an operator within the State without first obtaining a permit from the Bureau and any other permits or approvals required by law, except that a person conducting surface coal mining operations on the effective date of these regulations, that were not regulated under the Interim Regulatory Program, may continue to conduct those operations until 8 months from the effective date of these regulations or until such later date as specified in the order of the Circuit Court for Allegany County in No. 35343, Equity, if an application for a permit has been made to the Bureau in accordance with the order of the Circuit Court for Allegany County in No. 35343, Equity.

Except as provided for in this section, on and after 8 months from the effective date of these regulations or on or after such later date as specified in the order of the Circuit Court for Allegany County in No. 35343, Equity, a person may not conduct surface coal mining operations unless that person has first obtained a permit issued by the Bureau pursuant to the Regulatory Program and that person complies with the terms and conditions of the permit and the requirements of the Regulatory Program. However, a person conducting surface coal mining operations under a permit issued or amended by the Bureau, in accordance with the requirements of the Interim Regulatory Program, may conduct those operations after 8 months from the date of approval, or after such date as specified in the order of the Circuit Court for Allegany County in No. 35343, Equity, if:

The Bureau may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation or increment of it, if the Bureau determines, in writing, that under the regulatory program, all requirements imposed under the applicable regulatory program have been successfully completed or, if a performance bond was required, the Bureau has made a final decision in accordance with this subtitle to fully release the performance bond.

Following a termination under §C of this regulation, the Bureau shall reassert jurisdiction under the regulatory program over a site if it is demonstrated that the bond release or written determination referenced in §C of this regulation was based on fraud, collusion, or misrepresentation of a material fact.

Information set forth in the application shall be current, presented clearly and concisely, and supported by appropriate references to technical and other written material available to the Bureau. All technical data submitted in the application shall be accompanied by the names of persons or organizations which collected and analyzed the data, the dates of the collection and analyses, and the descriptions of methodology used to collect and analyze the data. Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed. The application shall state the name, address, and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and archeological, cultural, and historic features.

Maps submitted with applications shall include all types of information that are set forth on 7.5 minute topographic maps of the U.S. Geological Survey. Maps of the permit area, the mine plan area and within 1/2 mile of the mine plan area shall be at a scale of 500 feet to the inch or larger. Maps of the adjacent areas shall clearly show the lands and waters within those areas and be at a scale of 1 inch equals 2,000 feet or larger.

Maps and plans submitted with the applications shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the mine plan area. At a minimum, distinctions shall be clearly shown among those portions of the mine plan area in which surface coal mining operations occurred before August 3, 1977; after August 3, 1977, and before May 3, 1978; after May 3, 1978, and before the effective date of these regulations; and after the estimated date of issuance of a permit by the Bureau.

Each application for a surface coal mining and reclamation permit pursuant to the Regulatory Program shall be accompanied by a $10 fee.

Applications for permits shall be submitted on forms provided by the Bureau and shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.

All water quality analyses performed to meet the requirements of this chapter shall be conducted according to the methodology required by 30 CFR §780.21. Modeling techniques, interpolation, or statistical techniques may be included as part of a permit application, but actual surface and ground water information may be required by the Bureau when these techniques are used.

The names, addresses, telephone numbers, and, as applicable, Social Security numbers and employer identification numbers of:

The names and addresses of:

A statement of whether the applicant is a corporation, partnership, single proprietorship, association, and other business entity.

For each person who owns or controls the applicant under the definition of “owned or controlled” and “owns or controls” in COMAR 26.20.01.02B(62), as applicable:

For a surface coal mining operation owned or controlled by either the applicant or by a person who owns or controls the applicant, the operation's:

The names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

The name of the proposed mine and Mine Safety and Health Administration identification number for the mine and all sections, if any.

A statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit.

A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has had a federal or State mining permit suspended or revoked in the last 5 years, or has forfeited a mining bond or similar security deposited in lieu of bond.

If any suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

A list of all violation notices received by the applicant during the 3-year period preceding the application date for any violation of a provision of:

A list of all unabated cessation orders and unabated air and water quality violation notices received before the date of the application by any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant.

For each violation notice or cessation order reported under §§K and L of this regulation, the lists shall include the following information, as applicable:

A description of the documents upon which the applicant bases his legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant. When the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide, for lands within the permit area:

A copy of the written consent of landowner, on a form furnished by the Bureau, for the operator or the State or any of its authorized agents to enter on any land affected by the operator within a period of 5 years after the operation is completed and reclaimed in accordance with the specifications of the Bureau or abandoned. The consent shall include a commitment by the landowner that neither he nor his agents will perform any act or cause any act to be performed on the affected area which is inconsistent with any provision of the approved mining and reclamation plan or these regulations without the prior approval of the Bureau.

A waiver from the owner of any occupied dwellings within 300 feet of the proposed surface mining activities, if applicable, and full information in support of any other waivers desired by the applicant under COMAR 26.20.10.

A certificate of liability insurance.

A statement of whether the proposed permit area is within an area designated unsuitable for surface mining activities or under study for designation in an administrative proceeding. If the proposed permit area is within an area under study for designation as unsuitable for surface mining activities and the applicant asserts that substantial legal and financial commitments were made before January 4, 1977, concerning the proposed surface mining activities, the application shall contain information supporting the applicant's assertion.

The anticipated or actual starting and termination date of each phase of the surface mining activities and the anticipated number of acres of land to be affected for each phase of mining, and over the total life of the permit. If the applicant proposes to conduct the surface mining activities in excess of 5 years, the application shall contain information demonstrating that a permit term in excess of 5 years is needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed in writing by the applicant's proposed source of financing.

The name and address of the public office where the applicant will simultaneously file a copy of the application for public inspection under COMAR 26.20.04.04.

A permit application shall include a description of the existing, premining cultural and historical resources within the proposed permit and adjacent areas that may be affected or impacted by the proposed surface mining activities.

The description required by §A of this regulation shall include the nature of cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known archeological features. The description shall be based on all available information including, but not limited to, data of State and local archeological, historical, and cultural preservation agencies.

A permit application shall include baseline hydrologic information for the permit and adjacent areas in sufficient detail to assist in determining the probable hydrological consequences of the proposed operation.

The baseline ground water hydrology information shall include:

The baseline surface water hydrology information shall include:

A permit application shall include geologic information for the permit and adjacent area in sufficient detail to assist in determining the probable hydrologic consequences of the proposed operation, the existence of potentially acid-forming or toxic-forming strata, whether reclamation can be accomplished, and whether the operation has been designed to prevent material damage to the hydrologic balance outside the permit area, including:

An applicant may request the Bureau to waive in whole or in part the requirements of §A(2)—(4) of this regulation. The waiver may be granted if the Bureau finds in writing that the collection and analysis of the data is unnecessary or because other equivalent information is available to the Bureau in a satisfactory form.

A permit application shall include a determination of the probable hydrologic consequences of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions for the proposed permit and adjacent areas. The determination shall be based on the information required under Regulations .06 and .07 of this chapter, and may include the use of modeling, interpolation, or statistical techniques.

The determination of the probable hydrologic consequences shall include findings on:

If the probable hydrologic consequences determination indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground water or surface water supplies, the permit application shall include information supplemental to that required under Regulations .06 and .07 of this chapter to evaluate the probable hydrologic consequences and to plan remedial and reclamation activities. The supplemental information may be based on:

If the probable hydrologic consequences determination indicates that the proposed mining operation may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose, the application shall contain information on water availability and alternative water sources, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.

If required by the Bureau, the application shall include hydrologic and geologic information available from appropriate federal or State agencies necessary to assess the probable cumulative hydrologic impact of the proposed operation, and all anticipated mining on the surface and ground water systems of the cumulative impact study area designated by the Bureau. If the information is not available from federal and State agencies, the applicant may gather and submit the required information to the Bureau as part of the permit application.

Each permit application shall include a description of the existing premining environmental resources within the proposed mine plan area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

The description shall include:

The permit application shall include at least one U.S. Geological Survey, 7.5 minute topographic quadrangle map enlarged to a scale of 500 feet to the inch or larger, covering the proposed permit area and the land within 1/2 mile of the perimeter of the permit area, which identifies:

Maps shall be certified with the following statement: “I, the undersigned, hereby certify that to the best of my knowledge this map is correct and shows all of the information required by the strip mining laws and regulations of the State of Maryland.” The certification shall be signed and notarized.

Elevations and locations of test borings and core samplings;

Locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;

Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas;

Location and extent of subsurface water, if encountered, within the proposed permit and adjacent areas;

Location of surface water bodies such as streams, creeks, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

The drainage pattern on and away from the land affected including the total drainage area encompassing the operation, the component drainage areas to be used in pond design, the directional flow of water, the location of constructed and natural drainways used for drainage, constructed ponds, dams, sediment traps, keyways, and culverts;

Location and extent of existing or previously surface-mined areas within the proposed permit area;

Location and dimensions of existing areas of spoil, waste, coal development waste, and non-coal waste disposal, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

Location, and depth if available, of all active, plugged, and abandoned gas, oil, and water wells and springs within 1,000 feet of the proposed permit area, including the names and addresses of the owners of all water wells and springs;

Slope measurements shall be made every 200 feet along the contour, beginning with the proposed initial point of mining and including the proposed termination point of mining, measured and recorded according to the following:

The applicant shall conduct a preapplication reconnaissance inspection of the proposed permit area in accordance with COMAR 26.20.03.05 to determine whether lands within the area may be prime farmland.

Land may not be considered prime farmland if the applicant can demonstrate one of the following:

If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of §B of this regulation.

If the investigation indicates that lands within the proposed permit area might be prime farmland, the applicant shall contact the U. S. Soil Conservation Service to determine whether the applicable soil map units have been designated as prime farmland. If so, the applicant shall submit an application in accordance with COMAR 26.20.03.05 for this designated land.

A narrative description of the type and method of proposed coal mining procedures and engineering techniques, including the measures to be used to maximize the use and conservation of the coal resource.

Anticipated annual and total production of coal, by tonnage, and major equipment to be used for all aspects of the operations.

The method of marking the perimeter of the permit area.

A narrative explaining the construction, modification, use, maintenance, and removal (unless retention is necessary for postmining land use) of the following facilities:

The method of site preparation including the procedure for clearing and grubbing and disposal of trees, brush, structures, and debris.

A blasting plan for the proposed permit area explaining how the application will comply with the requirements of COMAR 26.20.22. The plan shall include the following:

An air pollution control plan which includes the following:

A protection and enhancement plan consistent with the requirements of COMAR 26.20.23.02 for fish and wildlife and related environmental values, which describes how, to the extent possible using the best technology currently available,

disturbances and adverse impacts on fish and wildlife and related environmental values identified under Regulation .09B(3) of this chapter will be minimized, including compliance with the Endangered Species Act. The plan shall describe:

When enhancement measures are not practicable under §H(2) of this regulation, a statement explaining why shall be provided by the applicant as part of the plan required by §H of this regulation.

Upon request, a copy of resource information provided under Regulation .09B(3) of this chapter and the protection and enhancement plan shall be provided by the Bureau to the U.S. Department of Interior, Fish and Wildlife Service regional or field office for review within 10 days of receipt of the request from the Service.

Maps and plans of the proposed permit and adjacent areas showing the:

Maps and plans of the proposed permit area showing:

Except as provided in COMAR 26.20.26.01B, maps, plans, and cross sections required under §§K and L of this regulation shall be prepared by, or under the direction of and certified by, a qualified registered professional engineer or professional geologist.

A hydrologic reclamation plan, with appropriate maps and cross sections for the measures to be taken during mining and reclamation through bond release to:

A plan for the control and treatment, if necessary to meet applicable State and federal laws and regulations, of surface and ground water drainage into, through, and out of the permit area during the life of the permit to:

A plan which specifically addresses any potential adverse hydrologic consequences identified in the probable hydrologic consequences determination prepared under Regulation .08 of this chapter and which includes preventive and remedial measures.

A plan for the restoration of the approximate recharge capacity of the permit area.

A plan for monitoring ground water based on the probable hydrologic consequences determination required under Regulation .08 of this chapter, and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations, and describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

A plan for monitoring surface water based upon the probable hydrologic consequences determination required under Regulation .08 of this chapter, and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations, and describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

A detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including:

A general plan for each proposed siltation structure, sedimentation pond, water impoundment, and coal processing waste bank, dam, or embankment within the proposed mine plan area, which:

Design Plan.

A description of the measures to be used to comply with the requirements for surface mining activities within 500 feet of an underground mine, if applicable.

Descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed.

Descriptions of measures to be used to:

Descriptions with appropriate maps and cross sections of the measures to be used to ensure that the interests of the public and landowners affected are protected if the applicant seeks to have the Bureau approve conducting the proposed surface mining activities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way, or relocating a public road.

Descriptions of Excess Spoil Disposal Site.

A detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area, including:

A description of each support facility to be constructed, used, or maintained within the proposed permit area, including plans and drawings. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with COMAR 26.20.19.08 and .09.

A detailed timetable for completion of each major step in the reclamation plan;

A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond with supporting calculation for the estimates;

A description of measures to be employed to dispose of debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard, and a description of the contingency plans which have been developed to preclude sustained combustion of these materials;

A plan for backfilling, soil stabilization, compacting, grading, and controlling surface drainage following regrading, with contour maps or cross sections that show the existing slope and the anticipated final surface configuration of the proposed permit area, and a list of the backfilling equipment to be used in the operation;

A plan for removal, storage, protection from erosion, and redistribution of topsoil, subsoil, and other materials;

A plan for revegetation, including the:

A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area; and

A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. §7401 et seq.), the Clean Water Act (33 U.S.C. §1251 et seq.), and other applicable air and water quality laws and regulations and health and safety standards.

An application for an underground mining permit shall contain a survey which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent area, and whether subsidence, if it occurred, could cause material damage or diminution of reasonably foreseeable use of these structures or renewable resource lands.

The survey required by §A of this regulation shall contain:

If the survey under §§A and B of this regulation shows that no structures, water supplies, or renewable resource lands exist, or that no material damage or diminution in value or reasonably foreseeable use of such structures or lands, or interruption of such water supplies would occur as a result of mine subsidence, and if the Bureau agrees with the conclusion, further information need not be provided in the application under this regulation.

If the survey, under §§A and B of this regulation shows that structures or renewable resource lands, or water supplies exist, and that subsidence could cause material damage or diminution of the value or reasonably foreseeable use of such structures or lands, or contamination, diminution, or interruption of water supplies, or if the Bureau determines that the damage, diminution in value or foreseeable use, or contamination, diminution, or interruption could occur, the application shall contain a subsidence control plan in accordance with Regulation .16 of this chapter.

A detailed description of the mining method and other measures to be taken which may affect subsidence, including:

A detailed description of the measures to be taken to prevent subsidence from causing material damage or lessening the value or reasonably foreseeable use of the surface, including:

A detailed description of the measures to be taken to mitigate the effects of any material damage or diminution of value or foreseeable use of lands which may occur, including one or more of the following:

If required by the Bureau, a detailed description of measures to be taken to determine the degree of material damage or diminution of value of foreseeable use of the surface, including such measures as:

A description of the measures to be taken in accordance with COMAR 26.20.13.05 and COMAR 26.20.13.09:

Other information specified by the Bureau as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of COMAR 26.20.13.

A plan for the return of coal processing waste to abandoned underground workings, if applicable, shall include:

All of the above requirements shall also apply to pneumatic backfilling operations, except where the operations are exempted by the regulatory authority from requirements specifying hydrologic monitoring.

An application fee of $200;

Copies of other permits required by the Department in order to engage in the proposed operation;

The names of the owners of the minerals to be removed, including reference to the deeds or leases whereby the mineral rights have been acquired, and copies of the documents, if requested by the Bureau;

A map of the proposed underground portion of the affected area at a scale of 1 inch to 500 feet, unless a different scale is approved by the Bureau, which clearly identifies the following:

Cross sections above the underground workings depicting presubsidence and postsubsidence ground profiles, based on approved prediction methods and at locations specified by the Bureau;

A geological structure map for the affected area and the adjacent areas specified by the Bureau at a scale of 500 feet to the inch, or smaller, which provides the following information:

The results of laboratory analyses, if required by the Bureau, for both chemical and mechanical properties of strata overlying and underlying the coal seam to be mined;

Information on adjacent active, inactive, or abandoned deep mines, including those in overlying or underlying coal seams, if available, describing the:

A determination of the anticipated mining and postmining water quality and quantity based on hydrologic models and monitoring data from hydrologically comparable mines; and

Other information requested by the Bureau.

The requirements of this regulation apply to any person who conducts or intends to conduct surface coal mining and reclamation operations under a permit authorizing the use of alternative mining practices on an experimental basis, if the practices require a variance from the environmental protection performance standards of the Regulatory Program. The purpose of this regulation is to provide requirements for the permitting of surface coal mining and reclamation operations that encourage advances in mining and reclamation practices, or allow postmining land use for industrial, commercial, residential, or public use (including recreational facilities) on an experimental basis. “Experimental practice” means the use of alternative surface coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of the Regulatory Program, if approved pursuant to this regulation.

A person may not engage in or maintain any experimental practice, unless that practice is first approved in a permit by the Bureau. The Bureau may not grant approval without first obtaining concurrence with appropriate officials of the federal Office of Surface Mining.

Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the Bureau. The permit application shall contain appropriate descriptions, maps, and plans which show:

Each application shall set forth the environmental protection performance standards of the Regulatory Program which will be implemented, if the objective of the experimental practice is a failure.

All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the Bureau under COMAR 26.20.04.02C.

A permit authorizing an experimental practice may not be issued, unless the Bureau first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of this section, and the comments of the federal Office of Surface Mining, that:

Experimental practices granting variances from the special environmental protection performance standards applicable to prime farmlands shall be approved only after consultation with the U.S. Department of Agriculture, Soil Conservation Service.

Each experimental practice shall be reviewed by the Bureau at a frequency set forth in the approved permit, but not less frequently than every 2-1/2 years. After the annual review of any permit which authorizes the use of an experimental practice, the Bureau, with the consent of the federal Office of Surface Mining, shall require by order, supported by written findings, any reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Any person who is or may be adversely affected by the order shall be provided with an opportunity for a hearing.

Revisions or modifications to an experimental practice shall be processed in accordance with COMAR 26.20.07 and approved by the Bureau. Any revisions which propose significant alterations in the experimental practice shall, at a minimum, be subject to the notice, hearing, and public participation requirements of COMAR 26.20.04 and the concurrence of the federal Office of Surface Mining.

This regulation applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining. “Mountaintop removal mining” means surface mining activities where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except where an outcrop barrier, consisting of the lowest coal seam and its associated overburden, is required to be retained by the Bureau) by removing substantially all of the overburden off the bench, and creating a level plateau or a gently rolling contour, with no highwalls remaining, and which is capable of supporting postmining land uses in accordance with the requirements of this regulation.

The Bureau will not issue a permit for mountaintop removal mining, unless it first finds, in writing, that the following requirements are met:

Any permits incorporating a variance issued under this regulation shall be reviewed annually, and before permit renewal, to establish that the operator is proceeding in accordance with the terms of the variance, unless the permittee has demonstrated and the Bureau found in writing, within 3 months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of the Regulatory Program.

The terms and conditions of a permit for mountaintop removal mining may be modified at any time by the Bureau, if it determines that more stringent measures are necessary to insure that the operation involved is conducted in compliance with the requirements of the Regulatory Program.

This regulation applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations. “Steep slope” means any slope of 20 degrees or more. This regulation does not apply to operations on predominantly flat or gently rolling terrain, but on which an occasional steep slope is encountered as the mining operation proceeds.

The Bureau will not issue a permit for surface mining activities on slopes of 20 degrees or more unless the application contains sufficient information to demonstrate that the following requirements will be met:

This regulation applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmland historically used for cropland. Nothing in this regulation applies to any permit issued before August 3, 1977, or to any revisions or renewals of it, or to any existing surface mining operations for which a permit was issued before August 3, 1977.

All permit applications shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The Bureau in consultation with the U.S. Soil Conservation Service shall determine the nature and extent of the reconnaissance inspection.

If the reconnaissance inspection establishes that land not within the proposed permit area may be prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.

If the reconnaissance inspection indicates that land within the proposed permit area may be prime farmland historically used for cropland, the applicant shall determine if a soil survey exists for those lands and whether soil mapping units in the proposed permit area have been designated as prime farmland.

If a soil survey does not exist, the applicant shall have a soil survey made of the lands within the proposed permit area which the reconnaissance inspection indicates could be prime farmland. Soil surveys of the detail used by the U.S. Soil Conservation Service for operational conservation planning shall be used to identify and locate prime farmland.

If the soil survey indicates that prime farmland soils are:

If land within the proposed permit area is identified as prime farmland, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

Before any permit is issued for areas that include prime farmlands, the Bureau shall consult with the USDA, which shall provide for review and comment of the proposed methods of soil reconstruction in the plan submitted under §G of this regulation. If the USDA considers those methods to be inadequate, it shall suggest revisions resulting in more complete and adequate reconstruction. USDA responsibilities under this section are assigned to the Administrator of the U.S. Soil Conservation Service.

A permit for the mining and reclamation of prime farmland will not be granted by the Bureau, unless it first finds the following, in writing, upon the basis of a complete application:

This regulation applies to any person who conducts or intends to conduct combined surface mining activities and underground mining activities, where contemporaneous reclamation is not practicable and a delay is requested to allow underground mining activities to be conducted before the reclamation operation for the surface mining activities can be completed. In general, delay in reclamation of surface mining activities will be permitted, if that delay will allow underground mining activities to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface land or waters.

Any person who desires to obtain a variance under this regulation shall file with the Bureau complete applications for both the surface mining activities and underground mining activities which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps, and plans, which:

The Bureau will not issue a permit incorporating a variance under this regulation unless it first finds, in writing, that:

Variances granted under this regulation shall be reviewed annually by the Bureau.

Any application for a permit for augering operations shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the requirements of COMAR 26.20.24.01 for auger mining.

A permit may not be issued for an augering operation unless the Bureau finds, in writing, that the operation:

Regulations .08 and .09 of this chapter apply to any person who conducts or intends to conduct surface coal mining and reclamation operations using coal preparation plants and associated facilities not otherwise within a permit area of a mine.

Any such person shall obtain a permit from the Bureau under the Regulatory Program in accordance with the requirements of this regulation.

Any application for a permit for operations covered by this regulation and Regulation .09 of this chapter shall contain in the mining and reclamation plan, specific plans, including descriptions, maps, and cross sections of the construction, operation, maintenance, and removal of the preparation plants and associated facilities.

The Bureau will not issue a permit for any operation covered by this regulation, unless it finds, in writing, that, in addition to meeting all other applicable application requirements, the operations will be conducted in compliance with the requirements of COMAR 26.20.24.05.

A person may not operate a coal preparation plant within the State without first obtaining a permit from the Bureau and any other permits or approvals required by law, except that a person operating a coal preparation plant on the effective date of this regulation who was not previously regulated under the Regulatory Program may continue to conduct that operation until 8 months from the effective date of this regulation if an application for a permit has been made to the Bureau in accordance with §F of this regulation and Regulation .09 of this chapter.

Except as provided in this regulation, on and after 8 months from the effective date of this regulation a person may not operate a coal preparation plant unless that person has first obtained a permit issued by the Bureau pursuant to the Regulatory Program, and that person complies with the terms and conditions of the permit and the requirements of the Regulatory Program. However, a person who is operating a coal preparation plant without a permit on the effective date of this regulation may continue to operate that plant after 8 months from the effective date of this regulation, if:

Within 2 months of the effective date of this regulation the following shall be submitted to the Bureau:

Within 4 months of the effective date of this regulation, the following shall be submitted to the Bureau:

The application shall be submitted in accordance with COMAR 26.20.04.

This regulation applies to any person who conducts or intends to conduct surface coal mining and reclamation operations using in situ processing activities.

Any application for a permit for operations covered by this regulation shall be made according to all requirements applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of COMAR 26.20.24.06, including:

The Bureau will not issue a permit for operations covered by this regulation, unless it first finds, in writing, that the operation will be conducted in compliance with all application requirements relating to underground mining activities, the Regulatory Program performance standards for underground mining activities, and COMAR 26.20.24.06.

An original and three complete copies of an application containing all information required by COMAR 26.20.02, and applicable portions of COMAR 26.20.03. The application shall be submitted on forms provided by the Bureau, with any provision considered to be inapplicable being clearly identified as such.

A copy of an application for the National Pollutant Discharge Elimination System (NPDES) permit and any other permits required in order to engage in the proposed operation.

Within 10 days of receipt of a permit application, the Bureau shall conduct a preliminary review for completeness. If it is determined that necessary information is not included, the Bureau shall return the application, with notification as to its deficiencies, and take no further action regarding the permit request.

If it is determined immediately that the requested permit cannot be issued, the Bureau shall so notify the applicant in accordance with the provisions of Regulation .12 of this chapter.

When the Bureau determines that an application is complete, the Bureau shall:

Notwithstanding the notification under §C(1) of this regulation, the applicant is required to immediately submit any information which is later determined by the Bureau to be necessary for continued processing and evaluation of the application.

The notifications required by §C(3) of this regulation include:

Upon receipt of Bureau notification that an application is complete, the applicant shall cause an advertisement to appear, at least once a week for 4 consecutive weeks, in a local newspaper of general circulation in the county where the operation will be located.

The advertisement shall contain, at a minimum, the following information:

The applicant shall ensure that a complete copy of the application is available to the general public, for inspection and copying, by the date of the first advertisement under Regulation .03 of this chapter. This requirement shall be satisfied by filing a copy at the courthouse of the county where the mining is proposed to occur or, with the concurrence of the Bureau, at another public office more accessible to local residents.

The applicant shall file any subsequent revision of the application with the public office at the same time the revision is submitted to the Bureau.

Information requested to be held as confidential may not be made publicly available until after notice and opportunity to be heard is given persons both seeking and opposing disclosure of the information. All qualified confidential information shall be identified by the applicant and submitted separately from the remainder of the application. Confidential information is limited to information:

Within 30 days from the last advertisement under Regulation .03 of this chapter, the Bureau shall receive and consider written comments, objections, and requests for a hearing on the application from any party directly notified under this regulation, an officer or head of any federal, State, or local government agency or authority, or any person having an interest which may be adversely affected by issuance of the requested permit.

Upon receipt of any written comment, objection, or request for a hearing, the Bureau shall immediately transmit a copy to the applicant, and to the public office where a copy of the application is filed pursuant to Regulation .04 of this chapter.

A person who files a written request for a hearing may include a request to be granted access to the proposed permit area for the purpose of gathering information relevant to the hearing under Regulation .10 of this chapter. The request shall briefly summarize the nature of the information sought, and the expected amount of time required.

If the Bureau determines that there is a reasonable basis for believing that the requested inspection will lead to relevant information not otherwise contained in the application, it shall so notify the requestor and the applicant. The applicant shall arrange and conduct the inspection as expeditiously as possible.

The Bureau shall conduct a detailed review of the application and all other factors relevant to a determination as to whether the requested permit may be issued within the requirements of the Regulatory Program.

The Bureau shall notify the applicant of any substantial problems regarding the permit request, and provide an opportunity for the applicant to respond to these problems, to supplement the application, or to remedy any defects discovered during the detailed review. The applicant for a permit or a revision of a permit has the burden of establishing that the application is in compliance with all the requirements of the Regulatory Program.

If the Bureau determines that there is no reasonable possibility for the requested permit to be issued within the requirements of the Regulatory Program, the Bureau may immediately terminate its review of the application, and proceed in accordance with the provisions of Regulation .12 of this chapter for denial of the permit.

If the Bureau determines that the requested permit may be available under the Regulatory Program, and the applicant has satisfactorily responded to any comments noted by the Bureau, or any public comment or objection, then the Bureau shall require eight copies of the complete application from the applicant, including proof of publication of the advertisement required under Regulation .03 of this chapter.

If a request for a public hearing is received under Regulation .05 of this chapter, the Bureau shall schedule a hearing in the locality of the proposed operation.

The Bureau shall provide notice of the public hearing by:

The notice under §B of this regulation shall contain the heading “Notice of Public Hearing on Strip Mine Permit Application” in bold-face type, and information sufficient to identify the particular permit application. The notice shall be published at least 15 but not more than 60 days before the date of the hearing.

The public hearing shall be legislative in nature. The rules of evidence do not apply and cross-examination is not permitted. Anyone wishing to speak on the application will be heard. However, the presiding officer may limit the time allowed for oral presentations, or restrict repetitive or irrelevant discussion, in order to ensure an orderly and expeditious hearing. Written statements will be accepted.

The applicant shall be present at the hearing and prepared to answer any question regarding the pending application. The Bureau shall make available an employee familiar with the application and its review by the Bureau.

Unless waived by all parties, an electronic or stenographic verbatim record shall be made of the hearing proceeding. A party to the hearing may, at the party's expense, obtain a verbatim transcript. The record shall be maintained and shall be accessible to the public until final release of the applicant's performance bond or other equivalent guarantee. In all cases, the Bureau shall prepare an abbreviated transcript of the hearing which will be available to the public.

The Presiding Officer may direct that public comment on the application be taken at each individual step in the proceeding, or simultaneously on all aspects of the permit request.

The Bureau shall complete its review of the application and render a decision to approve or deny the permit application in accordance with the provisions of COMAR 26.20.05.

Based on available information concerning federal and State failure-to-abate cessation orders, unabated federal and State imminent harm cessation orders, delinquent civil penalties issued under §518 of the federal Surface Mining Control and Reclamation Act of 1977, bond forfeitures, delinquent abandoned mine reclamation fees, and unabated violations of federal and State laws, rules, and regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, the Bureau may not issue the permit if any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant is currently in violation of the federal Surface Mining Control and Reclamation Act of 1977, the Regulatory Program, or any other law, rule, or regulation referred to in this section. In the absence of a failure-to-abate cessation order, the Bureau may presume that a notice of violation issued under the Regulatory Program or under a federal or State program has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except when evidence to the contrary is set forth in the application, or when the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties.

If a current violation exists under §B of this regulation, the Bureau shall require the applicant or any person who owns or controls the applicant, before issuance of the permit, to submit to the Bureau proof that the:

If the initial judicial review affirms the violation, then the applicant shall submit the proof required under §C(1) of this regulation within 30 days of the judicial action.

If the Bureau issues any permit on the basis of proof submitted under §C of this regulation, the permit shall be conditionally issued.

The Bureau may not issue the permit if it makes a determination that the applicant, anyone who owns or controls the applicant, or the operator specified in the application controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations of the nature and duration, and with resulting irreparable damage to the environment, to indicate an intent not to comply with the provisions of the federal Surface Mining Control and Reclamation Act of 1977, the Regulatory Program, or any State program for the regulation of surface coal mining and reclamation operations approved by the Secretary of the Interior under the federal Surface Mining Control and Reclamation Act of 1977. The applicant or the operator shall be given an opportunity for an adjudicatory hearing on the determination as provided in COMAR 26.20.06.

If the Bureau approves the permit application, it shall proceed in accordance with the provisions of Regulation .11 of this chapter.

If the Bureau denies the permit application, it shall proceed in accordance with the provisions of Regulation .12 of this chapter.

If the Bureau decides to approve a permit application under this regulation, the Bureau shall notify the applicant, each person who filed written comments or objections to the permit application, and each party to a hearing, in writing, of its approval of the permit application. The notice to the applicant shall also contain:

Before issuing the permit, the Bureau shall reconsider its decision to approve the application based on the review required by Regulation .10B and C of this chapter in light of any new information submitted under §A(2) of this regulation.

If the compliance review under §B of this regulation does not require the Bureau to change its decision to approve the application, the permit shall be issued by the Bureau within 15 days of the Bureau's receipt of all required bonds and fees.

When the permit is issued, the Bureau shall provide written notification of the issuance to the federal Office of Surface Mining.

Within 10 days of the issuance of the permit, the Bureau shall notify the local government officials in the area of the land to be affected that a permit has been issued, and shall describe the location of the permit area.

If the Bureau decides to deny a permit application under this regulation, the Bureau shall notify the applicant of the denial, in writing and by certified mail. The notice shall set forth:

Within 10 days of its decision to deny a permit application, the Bureau shall send a notice of the permit denial to:

The permit application is complete and accurate and the applicant has complied with all requirements of the Regulatory Program;

The applicant has demonstrated that reclamation operations as required by the Regulatory Program can be feasibly accomplished under the reclamation plan contained in the application;

The Bureau has made an assessment of the probable cumulative impacts of all anticipated coal mining in the cumulative impact area on the hydrologic balance and has determined that the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area;

The proposed permit area is:

The proposed operations will not adversely affect any publicly owned parks, or places included in the National Register of Historic Places, unless approved by the appropriate jurisdictional agency;

The applicant has demonstrated that any existing structure will comply with the requirements of COMAR 26.20.17;

The applicant has submitted documentation establishing a legal right to enter and conduct the proposed surface mining activities;

The applicant has paid all federal and State reclamation fees;

The applicant has satisfied the applicable requirements of COMAR 26.20.03;

The applicant has, if applicable, satisfied the requirements for approval of a long-term intensive agricultural postmining land use, in accordance with COMAR 26.20.29.01D; and

The activities would not affect the continued existence of endangered or threatened species, or result in the destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act.

A permit shall be issued for a fixed term not to exceed 5 years, unless the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing.

A permit shall terminate if the permittee has not begun the surface coal mining and reclamation covered by the permit within 3 years of the issuance of the permit. The Bureau may grant reasonable extensions of time for commencement of operations, upon receipt of a written statement showing that these extensions of time are necessary, due to litigation which precludes the commencement or threatens substantial economic loss to the permittee or other conditions beyond the control and without the fault or negligence of the permittee. With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time construction of the facility is initiated. Extensions of time granted by the Bureau under this section shall be specifically set forth in the permit and notice of the extension shall be made to the public.

The permittee shall conduct all activities under the permit in accordance with the description contained in the application, and only on those lands specifically designated in the permit and which are subject to the performance bond or other equivalent guarantee.

The permittee shall allow the authorized representatives of the Bureau and the federal Office of Surface Mining, without advance notice or search warrant, at reasonable times, upon presentation of appropriate credentials, and without delay, to enter and inspect any monitoring equipment or method of exploration or operation, to have access to and copy any records required under the Regulatory Program or the permit, and to be accompanied by private persons for the purpose of conducting an inspection when the inspection is in response to an alleged violation reported by the private person.

The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including but not limited to:

The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by the Regulatory Program, and which prevents violation of any other applicable State and federal law.

The permittee shall conduct its operations:

The permittee shall submit a written notice to the Bureau whenever a temporary cessation of mining activities occurs for more than 30 days, or as soon as it is known that a temporary cessation will extend beyond 6 months. This notice shall include a statement of the exact number of acres which will have been affected in the permit area before the temporary cessation; the extent and kind of reclamation of those areas which will have been accomplished; and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities which will continue during the temporary cessation.

If operations are permanently terminated, the permittee shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with the permit approved by the Bureau. All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the Bureau as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

The permittee shall ensure the right of the Bureau to enter on and inspect, without a warrant or advance notice, any area outside of the permit area where monitoring, record keeping, or other activity related to the permit is taking place.

Within 30 days after a cessation order is issued for a violation which creates an imminent danger to the health or safety of the public, or causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, or for failure to abate a violation within the time limits set in the order for operations conducted under the permit, except when a stay of the cessation order is granted and remains in effect, the permittee shall either notify the Bureau in writing that there has been no change since the immediately preceding submittal of this information, or submit to the Bureau, current to the date the cessation order was issued, the following information:

The permittee shall pay all reclamation fees as required by the federal Office of Surface Mining, for coal produced under the permit for sale, transfer, or use.

The permittee shall pay all fees and mine reclamation surcharges as required by Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland.

If the Bureau has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in §B of this regulation. If the Bureau finds that the permit was improvidently issued, it shall comply with §C of this regulation.

The Bureau shall find that a surface coal mining and reclamation permit was improvidently issued if:

If the Bureau, under §B of this regulation, finds that a permit was improvidently issued, the Bureau shall use one or more of the following remedial measures:

After a specified period of time not to exceed 90 days the permit automatically will be suspended, and, not to exceed 90 days after that, will be rescinded, unless within those periods the permittee submits proof and the Bureau finds that:

After permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the Bureau; and

The permittee may file an appeal for administrative review of the notice in accordance with COMAR 26.20.06.

This regulation sets out specific provisions for adjudicatory hearings on decisions to deny or approve a permit application. General provisions regarding adjudicatory hearings under the Regulatory Program are contained in COMAR 26.20.34.

In order to satisfy any time requirement for requesting an adjudicatory hearing under this chapter, a person need only inform the Bureau, in writing, of his intent to request a hearing. The Bureau shall acknowledge receipt of the request, and notify the requestor that the following information must be submitted, in writing, within 10 days of the date of the notice:

An adjudicatory hearing will be held within 30 days of receipt of the above information. The Bureau shall notify the applicant and requestor, and any other interested party, of the hearing date, time, and location.

The Secretary of the Environment shall designate a hearing officer to preside at adjudicatory hearings under this chapter. However, in the case where a public hearing has been held under COMAR 26.20.04, no person who presided at that hearing may either preside at an adjudicatory hearing under this chapter, or participate in the decision or in any administrative appeal from it.

The person requesting an adjudicatory hearing shall have the burden of proof on all aspects of the requested relief.

The hearing officer may grant temporary relief, as deemed appropriate pending final determination of the proceeding, provided that:

The Secretary shall render a final decision within 30 days of the close of the hearing record pursuant to COMAR 26.20.34, and shall notify all parties, in writing, of the decision and the reasons for it.

Any applicant or any person with an interest which is or may be adversely affected, who has participated in administrative proceedings under this chapter as an objector, and who is aggrieved by a decision of the Department, or if the Department fails to act within a time limit specified in this subtitle, has the right to appeal in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

If the final Department decision is to issue a permit, initiation of judicial review procedures does not automatically stay the issuance under the Regulatory Program.

The Bureau shall review each permit under the Regulatory Program on an annual basis, and before any permit renewal.

After review, the Bureau may require revision or modification of any permit provisions in order to ensure compliance with the Regulatory Program.

The Bureau shall inform the permittee, in writing, of any required changes in the permit.

Within 15 days of receipt of notification of any required changes, the permittee may request an adjudicatory hearing in accordance with COMAR 26.20.34.

A revision to a permit shall be obtained:

Any application for revision which proposes significant alterations in the original permit shall be:

Any application for a revision which does not propose significant alterations in the original permit shall be:

The following revisions are not considered significant alterations in the original permit:

Any valid, existing permit issued pursuant to the Regulatory Program shall carry with it the right of successive renewal upon expiration of the term of the permit. However, successive renewal is available only for those areas which were specifically approved by the Bureau as within the boundaries of the permit.

Complete applications for renewal of a permit shall be made at least 120 days before the expiration date of the permit. Renewal applications shall be in a form as required by the Bureau, and include at a minimum:

Complete applications for renewal are subject to the requirements of public notice and participation contained in COMAR 26.20.04.

Except as provided in §H of this regulation, a permit renewal shall be for a term not to exceed the period of the original permit.

Upon the basis of a complete application for renewal and completion of all procedures required under COMAR 26.20.04, the Bureau shall issue a renewal of permit, unless the Bureau finds in writing that:

The Bureau shall send copies of its decision to the applicant, any persons who filed objections or comments to the renewal, and to any persons who were parties to the hearing held on the permit renewal.

Any person having an interest which is or may be adversely affected by the decision of the Bureau has the right to administrative and judicial review set forth in COMAR 26.20.06. In all cases, the burden of proof shall rest with the opponent of renewal.

The Bureau may issue a renewal of a permit for a period coinciding with the duration of liability on all bonds posted on the permit if:

The renewal of a permit under §H of this regulation includes the following conditions:

A person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit issued under the Regulatory Program, and before the date of the transfer, assignment, or sale, shall:

The person applying for approval of the transfer, assignment, or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent.

Any person whose interests are or may be adversely affected, including but not limited to the head of any local, State or federal government agency, may submit written comments on the application to the Bureau, within 30 days of the date of advertisement.

The Bureau may grant written approval for the transfer, sale, or assignment of rights under a permit, if it first finds, in writing, that:

A successor in interest to a permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee.

The Bureau shall notify the transferor, the transferee, commenters, and the federal Office of Surface Mining of its findings and decision.

The transferee shall immediately notify the Bureau of the consummation of the assignment or sale of permit rights.

A person may not conduct any prospecting without filing a written notice of intent to prospect with the Bureau at least 2 weeks before the beginning of any surface disturbance.

A notice of intent to prospect shall be submitted in triplicate and contain the following information:

If the Department determines, after review of the notice filed pursuant to this chapter, that the proposed prospecting operation is reasonably likely to cause substantial disturbance to the natural land surface or to cause serious harm to a water supply or water quality, the Bureau shall inform the person submitting the notice that the proposed prospecting operation may not begin before obtaining the written approval of the Bureau and submitting to the Bureau a prospecting bond in the amount specified under §B of this regulation.

The amount of any prospecting bond required under §A of this regulation shall be $1,500 per acre of affected land, unless the Bureau determines in writing that conditions affecting reclamation costs at an operation require an amount greater than $1,500 per acre in order to assure that the estimated total cost of reclamation will be covered.

The prospecting bond may be applied against the requirement for bonding a surface coal mining operation permit if a permit is obtained covering the prospecting area. If an open-pit mining permit is not obtained on the area, the bond shall be released, upon casing, or sealing of all drill holes, and satisfactory regrading and establishment of a permanent diverse species vegetative cover on all disturbed areas.

The following requirements shall apply to all prospecting operations:

Prospecting Performance Standards.

Except as provided in §B of this regulation, all information submitted to the regulatory authority under this chapter shall be made available for public inspection and copying at the local offices of the regulatory authority closest to the exploration area.

The regulatory authority may not make information available for public inspection, if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the regulatory authority determines that the information is confidential.

The regulatory authority shall determine that information is confidential if it concerns trade secrets or is privileged commercial or financial information which relates to the competitive rights of the person intending to conduct coal exploration.

Information requested to be held as confidential under this regulation may not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.

To the extent that it will directly promote the proper reclamation of abandoned surface or deep mines; or

In the case of public construction activities, to the extent that mining will accomplish the construction project or avoid, eliminate, or reduce adverse environmental impacts and hazardous conditions associated with construction projects such as water pollution, subsidence, and landslides.

Applicants for permits to mine on State-owned land shall comply with the permit application requirements of this subtitle as specified in COMAR 26.20.02 and, if applicable, COMAR 26.20.03. The Bureau of Mines shall process the application as provided by COMAR 26.20.04 except that the Bureau shall also forward a copy of the application to the agency responsible for management of the area to be affected by mining. The copy of the application that is sent to the management agency shall be instead of any notification that would otherwise be sent to that agency under COMAR 26.20.04. The management agency shall evaluate the application and prepare an analysis of the impact of the proposed mining on the current and future use of the area and on State policies and objectives applicable to the area. The management agency shall forward its recommendations to the Bureau.

Any permit for open-pit mining on State-owned land is subject to the approval of the Board of Public Works.

Permits may not be issued for open-pit mining in conjunction with the reclamation of abandoned open-pit mines unless:

Permits may not be issued for open-pit mining in conjunction with the reclamation of an abandoned deep mine unless one or more of the following conditions exist which will be wholly or partially corrected by the proposed mining:

The area to be disturbed by open-pit mining in conjunction with the reclamation of an abandoned open-pit mine shall be limited to that area necessary to blend the abandoned mine with the surrounding adjacent topography. This area may not exceed the disturbed area of the abandoned mine, including the pit and spoil areas, plus:

The area to be disturbed by open-pit mining in conjunction with the reclamation of an abandoned deep mine shall be limited to the surface area above the abandoned mine plus:

The area to be disturbed by open-pit mining in conjunction with public construction activities shall be limited to:

In this chapter, the following terms have the meanings indicated.

Terms Defined.

In order to meet the needed for and immediately adjacent standard in Regulation .01B(7)(a)(ii) of this regulation, a person shall demonstrate that prohibiting expansion of the surface coal mining operation onto land under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, would unfairly impact the viability of the operation as originally planned before the land came under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, when the Bureau approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made.

In evaluating whether a person meets the standard in §A of this regulation, the Bureau may consider factors such as:

Lands within the boundaries of the Youghiogheny River Scenic Corridor;

Lands which will adversely affect any publicly owned park or any publicly owned places included on the National Register of Historic Places, unless approved jointly by the Bureau and the federal, State, or local agency with jurisdiction over the park or places;

Lands within 100 feet measured horizontally from the outside right-of-way line of any public road, except:

Lands within 300 feet measured horizontally from any occupied dwelling, unless the owner of the dwelling has provided a written waiver consenting to surface coal mining operations closer than 300 feet;

Lands within 25 feet, or a distance of 2 feet for each vertical foot of highwall, whichever is greater, of any adjacent property line, unless the owner of the adjacent property has provided a written waiver consenting to surface coal mining operations within a closer distance;

Lands within 300 feet measured horizontally from any public building, school, community or institutional building, or public park; or

Lands within 100 feet measured horizontally from a cemetery.

Upon receipt of a complete application for a surface coal mining operation permit or a revision of the boundaries of a surface coal mining operation permit, the Bureau shall review the application to determine whether the proposed surface coal mining operations are limited or prohibited under this chapter.

If the proposed operation is to be located on any lands where surface coal mining is prohibited, the Bureau shall reject any portion of the application that would locate surface coal mining operations on land protected under Regulation .02 of this chapter unless:

If the Bureau is unable to determine whether the proposed operation is located within the boundaries of any of the lands in Regulation .02A of this chapter, or closer than the limits provided in Regulation .02F and G of this chapter, the Bureau shall transmit a copy of the relevant portions of the permit application to the appropriate federal, State, or local government agency with a request for assistance in making a determination or clarification of the relevant boundaries or distances, with a notice to the appropriate agency that the agency has 30 days from receipt of the request in which to respond. On request by the appropriate agency, the Bureau shall grant an extension to the 30-day period of an additional 30 days. If a response is not received within the 30-day period or within the extended period granted, the Bureau may make the necessary determination based on the information it has available.

If the proposed mining operation is to be conducted within 100 feet measured horizontally from the outside right-of-way line of any public road, except where mine access roads or haulage roads join this right-of-way line, or if the applicant proposes to relocate or close any public road, the Bureau:

If the proposed surface coal mining operation is to be conducted within 300 feet measured horizontally from any occupied dwelling, the applicant shall submit with the application a written waiver from the owner of the dwelling, stating that the owner and signator had the legal right to deny mining and knowingly waived that right and consented to the operations within a closer distance of the dwelling as specified in the waiver. The waiver shall be knowingly made and separate from a lease or deed unless
the lease or deed contains an explicit waiver. If an applicant obtained a valid waiver before August 3, 1977, a new waiver is not required. If an applicant obtained a valid waiver on or after August 3, 1977, that waiver shall remain effective against subsequent purchasers who had actual or record knowledge of the existing waiver at the time of purchase.

A subsequent purchaser is considered to have record knowledge if the waiver has been properly filed in public property records under State laws, or if the mining has proceeded to within the 300-foot limit before the date of purchase.

If the proposed surface coal mining operation is to be conducted within 25 feet, or a distance of 2 feet for each vertical foot of highwall, of any adjacent property line, the applicant shall submit with the application a written waiver from the owner of the adjacent property, consenting to the operations within a closer distance as specified in the waiver.

If the Bureau determines that the proposed surface mining operation will adversely affect any publicly owned park or any places included on the National Register of Historic Places, the Bureau shall transmit to the federal, State, or local agencies with jurisdiction over the park or historic place, a copy of applicable parts of the permit application, together with a request for that agency's approval or disapproval of the operation, and a notice to that agency that the agency has 30 days from receipt of the request in which to respond, and that failure to interpose a timely objection constitutes approval. The Bureau, upon request by the appropriate agency, may grant an extension to the 30-day period of an additional 30 days. Failure to interpose an objection within 30 days or the extended period granted constitutes an approval of the proposed permit. A permit for the operation may not be issued unless jointly approved by all affected agencies.

The Bureau's determination as to whether a person holds a valid existing right, or whether surface coal mining operations existed on the date of enactment, is subject to administrative and judicial review.

A person that intends to conduct surface coal mining operations on the basis of valid existing rights under Regulation .02 of this chapter shall submit a request for a valid existing rights determination to the Bureau. This request may be submitted before preparing and submitting an application for a permit for the land.

A request for a valid existing rights determination that relies on the good faith/all permits standard or the needed for and adjacent standard in Regulation .01B(7)(a)(ii) of this chapter shall provide a property rights demonstration. The demonstration shall include:

A request for a valid existing rights determination that relies on the good faith/all permits standard in Regulation .01B(7)(a)(ii) of this chapter shall contain:

A request for a valid existing rights determination that relies upon the needed for and adjacent standard in Regulation .01B(7)(a)(ii) of this chapter shall contain:

A request for a valid existing rights determination that relies upon one of the standards for roads in Regulation .01B(7)(b) of this chapter shall contain satisfactory documentation that:

Upon receipt of a request for a valid existing rights determination, the Bureau shall complete an initial review to determine if the request includes all applicable requirements of Regulation .05 of this chapter. If the request does not include all of the applicable information, the Bureau shall return the request with notification of the missing information.

If the request is not returned to the Bureau within 30 days after receipt of the notification in §A of this regulation, the Bureau shall issue a determination that valid existing rights have not been demonstrated in accordance with Regulation .07 of this chapter.

When the Bureau determines that a request for a valid existing rights determination is complete, the Bureau shall:

Upon receipt of the Bureau notification that the request is complete, the requestor shall cause a notice to appear in a newspaper of general circulation in the county in which the land is located. The notice shall contain:

The reference and description required by §D(5) of this regulation shall include a description of the:

The notice required by §C(2) of this regulation shall provide a 30 day comment period starting from the date of service and specify that an additional 30 days is available upon written request. The Bureau may grant additional time for good cause upon request and is not required to consider comments received after the closing date of the comment period.

The Bureau shall review the information submitted under Regulation .05 of this chapter, the comments received under Regulation .06 of this chapter, and any other reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request for valid existing rights. The Bureau shall notify the applicant, in writing, if it determines the record is inadequate, providing an explanation of the inadequacy and requesting the submittal of additional information that is necessary to complete the record. The notice shall require the requested information to be submitted within 30 days from receipt of the notice.

When the record is complete and adequate, the Bureau shall determine whether the request submitted under Regulation .05 of this chapter has demonstrated valid existing rights. The Bureau's decision shall be in writing and contain findings of fact and conclusions sufficient to justify the decision.

The Bureau shall issue a determination that valid existing rights have not been demonstrated if the property rights claims are the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question. The determination shall be made without prejudice. The request may be refiled when the property rights dispute is finally adjudicated. This section only applies to legal action that is initiated as of the closing date of the comment period under Regulation .06D and F of this chapter.

If the record of the request indicates disagreement as to the accuracy of the property rights claims, but is not the subject of any pending litigation, the Bureau shall evaluate the merits of the information in the record and determine whether a demonstration of valid existing rights has been made. The Bureau shall issue a decision in accordance with §B of this regulation.

The Bureau shall issue a determination that valid existing rights have not been demonstrated if any of the information requested under §A of this regulation is not submitted within 30 days from receipt of the notice. This determination is made without prejudice and a revised request may be refiled at any time.

After making a determination under this regulation, the Bureau shall:

A determination by the Bureau on valid existing rights is subject to administrative and judicial review under COMAR 26.20.06.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

A person having an interest which is or may be adversely affected has the right to petition the Bureau to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated.

For the purpose of this chapter, a person having an interest which is or may be adversely affected shall demonstrate how the person:

The Bureau shall determine what information shall be provided by the petitioner to:

At a minimum, a complete petition for designation shall include:

Each of the allegations of fact under §B of this regulation should be specific as to the portion of the petitioned area and petitioner's interests to which the allegation applies, and be supported by evidence that tends to establish the validity of the allegations for the portion of the petitioned areas.

The Bureau may request that the petitioner provide other supplementary information which is readily available.

At a minimum, a complete petition for termination shall include:

Each of the allegations of fact under §E(4) of this regulation shall be specific as to the portions of the petitioned area and petitioner's interests to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the portion of the petitioned area. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence shall be presented in the petition. Allegations and supporting evidence should also be specific to the basis for which the designation was made and tend to establish that the designation should be terminated.

The Bureau may request that the petitioners provide other supplementary information which is readily available.

Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations if the Bureau determines that reclamation is not technologically and economically feasible under the Regulatory Program.

Upon petition an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will:

Lands on which surface coal mining operations were being conducted on August 3, 1977;

Lands covered by a permit issued under the Interim Regulatory Program or the Regulatory Program; or

Lands where substantial legal and financial commitments in surface coal mining operations were in existence before January 4, 1977.

Within 30 days of receipt of a petition, the Bureau shall notify the petitioner by certified mail as to whether the petition is complete. For the purpose of this regulation, “complete” means that all of the information required under Regulation .03A or B of this chapter has been provided.

If the Bureau determines that the petition is incomplete or frivolous, or that the petitioner does not have an interest which is or may be adversely affected, the Bureau shall return the petition to the petitioner together with a written statement of the reasons for the determination and the categories of information needed to complete the petition.

The Bureau shall determine whether any identified coal deposits exist in the area covered by the petition, without requiring any showing from the petitioner. If the Bureau finds that there are not any identified coal deposits in that area, the Bureau shall return the petition to the petitioner with a statement of the findings.

The Bureau may reject petitions for designations or terminations of designations which are frivolous. A frivolous petition is one in which the allegations of harm lack serious merit.

When considering a petition for an area which was previously but unsuccessfully proposed for designation, the Bureau shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain the material, the Bureau may not consider the petition and shall return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.

The Bureau shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition.

Any petitions received on a permit application after the first newspaper notice in the applicant's newspaper advertisement under COMAR 26.20.04.03 do not prevent the Bureau from issuing a decision on that permit application. The Bureau may return any petition received thereafter to the petitioner with a statement why the Bureau cannot consider the petition.

After a petition is received, the Bureau shall notify the general public of the receipt of the petition by advertising in a local newspaper providing broadest circulation in the area covered by the petition in the region of the petitioned area, and in the Maryland Register. The Bureau shall:

Promptly after the determination that a petition is complete, the Bureau shall request submissions from the general public of relevant information:

Until 3 days before the Bureau holds a hearing under §L of this regulation, any person may intervene in the proceeding by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address, and telephone number.

Beginning immediately after a complete petition is filed, the Bureau shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Bureau. The Bureau shall make the record available for public inspection during all normal business hours at the main office of the Bureau. Copying will be permitted at the Bureau at the normal rate per page. The Bureau shall also maintain information at or near the area in which the petitioned land is located and make this information available to the public for inspection and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition.

Legislative and Fact-Finding Hearing.

Before designating any land areas as unsuitable for surface coal mining operations, the Bureau shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of this designation on the environment, the economy, and the supply of coal.

If all petitioners and intervenors stipulate agreement before the hearing, the petition may be withdrawn from consideration.

In reaching its decision on a petition, the Bureau shall use:

A final written decision shall be issued by the Bureau, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The Bureau shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding.

The decision of the Bureau with respect to a petition, or the failure of the Bureau to act within the time limits set forth in this regulation, shall be a final action of the Department subject to judicial review.

The Bureau shall develop a data base and inventory system to assist in evaluation of petitions under this chapter.

The Bureau shall include in the system information relevant to the criteria in Regulation .04 of this chapter, including but not limited to information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the agency administering §127 of the Clean Air Act, as amended (42 U.S.C. §7470 et seq.).

The Bureau shall add to the data base and inventory system information on potential coal resources of the State, demand for those resources, the environment, the economy, and the supply of coal, sufficient to enable the Bureau to prepare the statements required by Regulation .07M of this chapter. The Bureau also shall add to the data base and inventory system information that becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.

Make the information and data base system developed under Regulation .09 of this chapter available to the public for inspection free of charge and for copying at reasonable cost;

Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used;

Maintain maps of areas designated as unsuitable for all or certain types of surface coal mining operations;

Make available to any person any information within its control regarding designations, including mineral or elemental content which is potentially toxic in the environment, except proprietary information on the chemical and physical properties of the coal.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Any person extracting coal incidental to government-financed highway or other construction shall maintain, on the site of the extraction operation and available for inspection, documents which show:

The government financing agency may be a federal, State, county, municipal, or local unit of government, or a department, bureau, agency, or office of the unit which, directly or through another unit of government, finances construction.

When the Bureau is considering an abandoned mine land reclamation project as government-financed construction and the level of funding will be less than 50 percent of the total cost because of planned coal extraction, the Bureau shall determine the likelihood:

The determination under §A(3) of this regulation shall take into account available information, such as:

If the Bureau decides to proceed with the reclamation project after making the determinations under §A of this regulation, the Bureau shall:

The Bureau shall include documentation in the abandoned mine land project file for the:

For each abandoned mine land reclamation project to be approved under this regulation, the Bureau shall:

The Bureau shall require a reclamation contractor who extracts coal beyond the limits of the incidental coal specified in §C of this regulation to obtain a permit for the coal in accordance with Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland.

Each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, and fenced and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the underground mining activities.

Each exploration hole, other drill hole, or borehole, shaft, well, and other exposed underground opening which has been identified in the approved permit application for use to return underground development waste, coal processing waste, or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed until actual use.

Unless excepted under §B of this regulation, each shaft, drift, adit tunnel, exploratory hole, entryway, or other opening to the surface from underground shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Bureau. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

Permanent closure may not be required where an opening is needed for monitoring purposes, or is approved for transfer as a water well or some other use upon a showing of no adverse environmental or health and safety effects. Bureau approval shall be required for all these exceptions.

Mine opening seals shall be:

The surface disturbance for the face-up area may not exceed 400 lineal feet along the seam to be mined.

The face-up area shall be prepared in such a manner that drainage from the face-up area will result in minimum erosion and sedimentation. The face-up area may not be located in an area where the original contour of the land, measured from the cropline of the seam to be mined to the estimated toe of the fill bench, exceeds 20 degrees from the horizontal, unless no fill bench is created and the spoil from the face-up area is disposed in a suitable disposal area.

The amount of overburden and the amount of coal to be removed from the face-up area shall be set forth in the plan.

Surface openings and accesses to underground workings shall be located to prevent gravity discharge of water from the mine, unless it is demonstrated that the untreated discharge will comply with the performance standards of COMAR 26.20.21.02F.

In this regulation, an owner of interest in real property includes an owner, a renter, a tenant, or a lessee of real property.

Operations shall be conducted to minimize water pollution, and, where necessary, treatment methods shall be used to control water pollution.

Acceptable practices to control and minimize water pollution include but are not limited to:

The permittee shall promptly replace the water supply of an owner of interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source that is contaminated, diminished, or interrupted proximately resulting from underground mining activities.

Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If this approach is selected, written concurrence shall be obtained from the water supply owner.

All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a sedimentation pond, a series of sedimentation ponds, or a treatment facility before leaving the permit area. Any discharge of water from underground workings to surface waters which does not meet the effluent limitations of the Regulatory Program shall also be passed through a sedimentation pond, a series of sedimentation ponds, or a treatment facility before leaving the permit area.

Sedimentation ponds and treatment facilities for surface drainage from the disturbed area shall be maintained until the disturbed area has been restored and the vegetation requirements are met and the quality of the untreated drainage from the disturbed area meets the applicable State and federal water quality standards requirements for the receiving stream. Sedimentation ponds and treatment facilities for discharges from underground workings shall be maintained until either the discharge continuously meets the effluent limitations of the Regulatory Program or until the discharge has permanently ceased.

The Bureau may grant exemptions from these requirements only in accordance with the following:

Sedimentation ponds shall be constructed in accordance with the Regulatory Program, in appropriate locations before beginning any underground mining activities in the affected drainage area.

If the sedimentation ponds or series of sedimentation ponds are used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations of the Regulatory Program for all of the mixed drainage when it leaves the permit area.

Underground mining activities shall be planned and conducted so as to prevent subsidence from causing material damage to the extent technologically and economically feasible, and so as to maintain the value and reasonably foreseeable use of surface lands. This may be accomplished by leaving adequate coal in place, backfilling, or other measures to support the surface, or by conducting underground mining in a manner that provides for planned and controlled subsidence.

Except as provided in §C of this regulation, underground mining activities that employ mining technology that provides for planned subsidence in a predictable and controller manner shall utilize necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to all structures.

Measures required to minimize material damage to structures under §B of this regulation are not required if:

Nothing in this regulation prohibits the standard method of room-and-pillar mining.

The person engaged in underground mining activities shall comply with all provisions of the approved subsidence control plan prepared in accordance with COMAR 26.20.02.16.

Presubsidence Surveys of Water Supplies.

The mining schedule shall be distributed by mail to all owners of property and residents within the area above the underground workings and adjacent areas. Each of these persons shall be notified by mail at least 6 months before mining beneath his property or residence.

The notification shall contain, as a minimum:

Each person who conducts underground mining activities shall adopt all measures approved by the Bureau to reduce the likelihood of subsidence, to prevent subsidence that causes material damage or reduces the value of reasonably foreseeable use of surface lands, and to mitigate the effects of this damage or reduction of the value of reasonably foreseeable use of surface lands, and to mitigate the effects of this damage or reduction which may occur.

Each person who conducts underground mining which results in subsidence that causes material damage or reduces the value or reasonably foreseeable use of the surface lands shall, with respect to each surface area affected by subsidence:

Each person who conducts underground mining activities will:

In determining whether damage to protected structures was caused by subsidence from underground mining, the Bureau shall consider all relevant and reasonably available information.

Underground mining activities may not be conducted beneath or adjacent to any perennial stream, or impoundment having a storage volume of 20 acre-feet or more, unless the Bureau, on the basis of detailed subsurface information submitted by the applicant, determines that subsidence will not cause material damage to streams, water bodies and associated structures. If subsidence causes material damage, measures will be taken to correct the damage and to prevent additional subsidence from occurring.

Underground mining activities beneath any aquifer that serves as a significant source of water supply to any public water system shall be conducted so as to avoid disruption of the aquifer and consequent exchange of ground water between the aquifer and other strata. The Bureau may prohibit mining in the vicinity of the aquifer or may limit the percentage of coal extraction to protect the aquifer and water supply.

Underground mining activities may not be conducted beneath or adjacent to any public buildings or facilities, including but not limited to churches, schools, hospitals, courthouses, and government offices, unless the Bureau, on the basis of detailed subsurface information, determines that subsidence from those activities will not cause material damage to these structures and specifically authorizes the mining activities. If the Bureau determines that it is necessary in order to minimize the potential for material damage to the features or facilities described above or to any aquifer or body of water that serves as a significant water source for any public water supply system, it may limit the percentage of coal extracted under or adjacent to it.

Underground mining activities may not be conducted within the subjacent area where mining is predicted to result in subsidence of any public bridge.

If subsidence causes material damage to any of the features or facilities covered under this regulation, the Bureau may suspend mining under or adjacent to those features or facilities until the subsidence control plan is modified to ensure prevention of further material damage.

The Bureau shall suspend underground coal mining under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or permanent streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

Within a schedule approved by the Bureau, the operator shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including:

Except for the approved mine entries, a barrier of solid coal shall be provided around the perimeter of the underground mine area. The barriers shall be:

Barriers shall be a minimum of 50 feet in width or greater as determined by the formula W = 20 + 4T + 0.1D, when
W = width of the barrier, T=thickness of the extraction, and D=depth of overburden. Perimeter barriers shall have a minimum of 50 feet of overburden.

Barriers subject to a hydrostatic head shall be at least 1 foot wide for each foot to head.

When mining is proposed to be conducted beneath barriers in an existing underground mine, the barriers in the existing upper mine shall be provided subsidence protection sufficient to assure preservation of their design integrity.

Two copies of a projection map as required by Environment Article, §15-615(c), Annotated Code of Maryland, shall be submitted to the Bureau at least once every 6 months. The map shall be prepared by, or under the supervision of, and certified by a qualified registered professional engineer. Unless approved by the Bureau, the scale of the map shall be the same as the map submitted under COMAR 26.20.02.18A(4).

The map shall provide the following information:

After an application for a new, revised, or renewed permit to conduct surface coal mining and reclamation operations has been approved, but before the permit is issued, the operator shall file a performance bond with the Bureau, as required by Environment Article, §15-507, Annotated Code of Maryland. The bond covers the entire approved area or an identified increment of land within the approved area upon which the operator shall initiate and conduct surface coal mining and reclamation operations.

The bond shall be payable to the State, shall be on forms provided by the Bureau, and shall be conditioned upon the permittee faithfully performing every requirement of Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland, the Regulatory Program, the permit, and the reclamation plan.

An operator may not disturb surface acreage or extend any underground shafts, tunnels, or operations before receipt of approval from the Bureau of the performance bonds covering the surface acreage to be affected.

Liability on the performance bonds shall cover all surface coal mining and reclamation operations to be conducted within the permit area during the life of the mine. After the amount of the bonds has been determined for the permit area, the operator may either file the entire amount of bond required during the term of the permit, or an incremental bond schedule and the amount of bond required for the first increment in the schedule.

When the operator elects to file the amount of the bond in increments, he shall identify the initial and successive incremental areas for bonding on the permit application map submitted under COMAR 26.20.02. Before issuing the permit, the Bureau shall determine the bond amount required for the initial incremental area and the operator shall file the bond on the initial incremental area of the permit. The operator shall file with the Bureau the required bond amount for succeeding increments before initiating surface coal mining and reclamation operations on the increments.

A surety bond executed by the operator and a corporate surety licensed to do business in the State; or

A collateral bond in one of the following forms:

The amount of the performance bonds required for a surface coal mining and reclamation permit shall be the estimated cost to perform the reclamation and restoration work required to achieve compliance with the Regulatory Program, and requirements of the permit, if the work had to be contracted out by the Bureau in the event of forfeiture.

This amount shall be based on, but not limited to:

The minimum amount of the general bond shall be $1,500 per acre for the approved open acre limit.

The minimum amount of the revegetation bond shall be $600 per acre of affected land.

The minimum amount of the total bonds shall be $10,000 for the entire area under one permit.

The amount of the performance bond liability applicable to a permit shall be adjusted by the Bureau as acreage in the permit area is revised, or when the cost of future reclamation or restoration work changes. The Bureau shall notify the permittee, the surety, and any person with a property interest in collateral who has requested notification in accordance with Regulation .06D of this chapter of any proposed bond adjustment and provide the permittee an opportunity for an informal conference on the adjustment.

A permittee may request reduction of the required performance bond amount upon submission of evidence to the Bureau proving that the permittee's method of operation or other circumstances will reduce the maximum estimated cost to the Bureau to complete the reclamation of the bond amount. The request shall be considered as a request for partial bond release.

In addition, when the permittee submits the annual mining and reclamation progress report for a permit, the amount of bond required for the operation may be adjusted by the Bureau to the amounts required to assure completion of reclamation and revegetation.

Liability under performance bonds applicable to a permit shall continue until all reclamation and restoration work required by the Regulatory Program and the provisions of the permit have been completed, and the permit terminated by the release of the permittee from any further liability.

In addition, except on lands eligible for remining, the period of liability for a bond shall continue for a minimum period of not less than 5 years, beginning with the last year of augmented seeding, fertilizing, irrigation, or other work. The period of liability shall begin again when augmented seeding, fertilizing, irrigation, or other work is ordered by the Bureau to correct a failure to maintain the permanent vegetative cover required under COMAR 26.20.29 on the site.

On lands eligible for remining included in permits issued before September 30, 2004, or any later date authorized by the federal Surface Mining Control and Reclamation Act, or any renewal thereof, the period of liability for a bond shall continue for a period of not less than 2 full years, beginning with the last year of augmented seeding, fertilizing, irrigation, or other work. The period of liability of not less than 2 full years shall begin again when augmented seeding, fertilizing, irrigation, or other work is ordered by the Bureau to correct a failure to maintain the permanent vegetative cover required under COMAR 26.20.29 on the site.

If the Bureau approves a long-term intensive agricultural post-mining land use, the applicable period of liability shall commence at the date of initial planting for such long-term intensive agricultural land use.

Surety bonds are subject to the following conditions:

Collateral bonds shall be subject to the following conditions:

Letters of credit shall be subject to the following conditions:

A person with an interest in any collateral posted as a bond who desires notification of actions pursuant to the bond, shall request the notification, in writing, to the Bureau at the time the collateral is posted as bond.

Upon the incapacity of a bank or surety company holding the bond by reason of bankruptcy, insolvency, or suspension or revocation of a charter or license, the permittee is considered to be without bond coverage and shall promptly notify the Bureau. The Bureau, upon receipt of notification shall notify, in writing, any permittee who is considered to be without bond coverage due to the bankruptcy, insolvency, or suspension or revocation of a charter or license of a bank or surety company and specify a reasonable period, not to exceed 90 days, to replace bond coverage and inform the permittee that additional acreage may not be disturbed on the permit. If an adequate bond is not posted by the end of the period allowed, the permittee shall cease coal extraction and shall immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations may not resume until the Bureau has determined that acceptable bond has been posted.

The Bureau may allow permittees to replace existing surety or collateral bonds with other surety or collateral bonds, if the liability which has accrued against the permittee on the permit area is transferred to those replacement bonds.

The Bureau may not release existing performance bonds until the permittee has submitted and the Bureau has approved acceptable replacement performance bonds.

The Bureau may not release any liability under any performance bonds until it finds that the permittee has met the requirements of the applicable reclamation phase as defined in §E of this regulation. The Bureau may release portions of the liability under performance bonds applicable to a permit following completion of reclamation phases on portions of the permit.

Acreage may be released from the permit area only after Reclamation Phase III has been completed on the entire permit.

The Bureau may not release any liability under performance bonds applicable to a permit if the release would reduce the total remaining liability under performance bonds to an amount less than that necessary for the Bureau to complete the approved reclamation plan, achieve compliance with the requirements of the Regulatory Program or the permit, and abate any significant environmental harm to the air, water, or land resources or danger to the public health and safety which might occur before the release of all lands from the permit area. If the permit area includes an alternative postmining land use plan, the Bureau shall also retain sufficient liability for the Bureau to contract for any additional work which would be required to achieve compliance with the general standards for revegetation if the permittee fails to implement the approved alternative postmining land use plan within the 2 years required.

The Bureau shall generally release liability under performance bonds in accordance with the following schedule:

For the purposes of this chapter:

Application for Release.

Advertisement of Filing of Application.

Written comments, objections, or requests for an informal conference to a proposed bond release may be filed with the Bureau by any person within 30 days following the last advertisement of the filing of the application.

Inspection by the Bureau. The Bureau shall inspect and evaluate the reclamation work involved within 30 days after receiving a complete application for bond release, or as soon after that as weather conditions permit. The surface owner, or agent, or lessee shall be given notice of this inspection and may participate with the Bureau in making the inspection.

Informal Conferences.

In determining whether to release all or part of a bond, the Bureau shall consider:

If no informal conference has been held, the Bureau shall notify the permittee, anyone who filed comments or objections, and any other known interested parties, in writing, of its decision as to whether to release all or part of the bond within 60 days from the receipt of the completed application, or within 30 days from the close of the public comment period, whichever occurs last.

If there has been an informal conference, the notification of the decision shall be made to the permittee and all interested parties within 30 days after conclusion of the conference.

The notice of the decision shall state the reasons for the decision, recommend any corrective actions necessary to secure the release, and indicate the requirements for requesting an adjudicatory hearing pursuant to Regulation .11 of this chapter.

The Bureau may not release a bond until:

Within 30 days of receipt of notice of a decision by the Bureau on a bond release application, the permittee or any person adversely affected by the decision may request an adjudicatory hearing.

Adjudicatory hearings shall be held in accordance with the procedures contained in COMAR 26.20.34.

The party seeking to reverse the decision of the Bureau shall have the burden of proof.

The Bureau shall render a final decision on bond release within 60 days of the completion of an adjudicatory hearing.

Bonds may be forfeited if the Bureau finds any of the following:

Bond forfeiture shall be in accordance with the procedures contained in COMAR 26.20.33.

An operator may not engage in open-pit mining if he has forfeited any prior bond posted under the Regulatory Program. A permit may not be issued to an applicant owned or controlled by someone who has forfeited a bond.

In the event the forfeited bond is insufficient to pay for the full cost of reclamation, the permittee shall be liable for remaining costs. The Bureau may:

Deep mine operations in the State shall comply with all of the bonding provisions of this chapter unless specifically indicated otherwise in this regulation. This requirement is independent of and in addition to any bonding requirements for these operations under the deep mining provisions of Environment Article, Title 15, Subtitle 6, Annotated Code of Maryland.

The amount of bond under this chapter shall be calculated with respect to the general surface effects of deep mining controlled by these regulations, and any special considerations as provided in COMAR 26.20.13.

Bond liability with respect to subsidence shall cover all effects of planned subsidence, and measures undertaken to prevent damage to surface facilities, including construction, site preparation, and relocations. Release of bond coverage for damage from planned subsidence may be obtained upon final inspection and approval by the Bureau, and without regard to the liability period of Regulation .05 of this chapter or criteria for release in Regulation .08 of this chapter.

When subsidence-related material damage to land, structures, or facilities protected under COMAR 26.20.13.09 occurs, or when contamination, diminution, or interruption to a water supply protected under COMAR 26.20.13.05C occurs, the Bureau shall require the permittee to obtain additional performance bond until the repair, compensation, or replacement is completed, in the amount of:

If the repair, compensation, or replacement is completed within 90 days of the occurrence of damage, no additional bond is required. The Bureau may extend the requirement to post bond beyond 90 days, but not to exceed 1 year, if the permittee demonstrates and the Bureau finds, in writing:

The applicant's public liability insurance policy shall provide for personal injury and property damage protection in an amount adequate to compensate all persons entitled to compensation under the applicable provisions of State law for injury or property damage as a result of surface coal mining and reclamation operations, including use of explosives and damage to water wells.

Minimum insurance coverage for bodily injury shall be $300,000 per occurrence, $500,000 aggregate, and for property damage shall be $300,000 per occurrence, $500,000 aggregate.

The policy shall be maintained in full force during the life of the permit.

The policy shall require that the insuror notify the Bureau whenever substantive changes are made, and before any termination.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

For eligible operators who request assistance, to the extent possible with available funds, the Department shall select and pay a qualified laboratory or other qualified entity to provide the following services:

The information provided shall be limited to that required to relate the basin or subbasin hydrology to the hydrology of the proposed permit area.

An applicant is eligible for assistance if the applicant:

Production from the following operations shall be attributed to the applicant:

A statement of intent to file a permit application.

The names and addresses of the potential permit applicant, and of the potential operator if different from the applicant.

A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant. The schedule shall include for each location:

A description of:

A U.S. Geological Survey topographic map of 1:24,000 scale or larger or other topographic map of equivalent detail which clearly shows:

Copies of documents which show that:

If the Bureau finds the applicant eligible, and it does not have information readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, it shall:

The Bureau shall inform the applicant in writing if the application is denied and shall state the reasons for denial.

The granting of assistance under this chapter may not be a factor in decisions by the Bureau on a subsequent permit application.

General. This regulation describes the minimum requirements for the collection of data to meet the objective of the Small Operators Assistance Program. The Bureau shall determine the data collection requirements for each applicant or group of applicants. Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the operator. The data requirements will be based on:

Specific Provisions.

Exemptions. The statement by a qualified laboratory of the result of test borings or core samplings may be waived by the Bureau by a written determination that these requirements are unnecessary with respect to the specific permit application.

Data availability. Data collected under this program shall be made available to all interested persons, except information related to the chemical and physical properties of coal. Information regarding the mineral or elemental content of the coal which is potentially toxic in the environment shall be made available.

The Bureau shall establish and maintain at its office a list of qualified laboratories which may be used to provide the required determination or statement under this program.

Inclusion in the List of Qualified Laboratories.

The qualified laboratory shall be capable of performing either the determination or statement. Subcontractors may be used to provide the services required provided their use is defined in the application for designation and approved by the Bureau.

The applicant shall reimburse the Bureau for the cost of the services performed pursuant to this chapter if the applicant:

Under §A(5) of this regulation the applicant and its successor are jointly and severally obligated to reimburse the Bureau.

The Bureau may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.

The permit application shall contain a description of each existing structure proposed to be used in connection with an operation.

The description shall include:

Each structure shall comply with the performance standards and the design requirements of the Regulatory Program, except that an existing structure may be exempted from the design requirements if it meets:

The Bureau may grant exemptions, only as part of the permit application process, if it finds that no significant harm to the environment or public health or safety will result from use of the structure.

An existing structure which does not meet a performance standard of the Regulatory Program, or a performance standard of the Interim Regulatory Program which is at least as stringent as the comparable performance standard of the Regulatory Program, shall be modified or reconstructed to meet the design standard of the Regulatory Program pursuant to a compliance plan, submitted by the applicant and approved by the Bureau, that includes:

Before issuance of the permit, the Bureau must find that:

If the Bureau finds that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant will be required to abandon and reclaim the existing structure.

The structure may not be used for or to facilitate surface coal mining operations after the effective date of issuance of the Regulatory Program permit.

Abandonment of the structure shall proceed on a schedule approved by the Bureau.

Be posted and maintained by the permittee;

Be easily seen and read, and of a uniform design throughout the operation;

Be made of durable material;

Conform to local ordinances and codes; and

Be maintained during the conduct of all activities to which they pertain.

Be displayed at each point of access to the permit area from public roads;

Contain information identifying the name, business address, and telephone number of the operator, the Bureau of Mines permit number, the Water Resources Administration discharge permit number, and NPDES discharge permit number;

Be constructed of metal or wood and be a minimum of 2 feet by 2 feet, affixed to a suitably located tree, or a 2 inch diameter metal or wood post driven into the earth at least 3 feet with a minimum of 4 feet exposed;

Be retained and maintained until after the release of all bonds for the permit area.

Conspicuously display signs reading “Blasting Area” along the edge of any blasting area that comes within 50 feet of any road within the permit area, and within 100 feet of any public road right of way.

Conspicuously flag or post within the blasting area, the immediate vicinity of charged holes.

Place at all entrances to the permit area from public roads or highways conspicuous signs which state: “Blasting Area”, and which clearly explain the blast warning and all-clear signals that are in use, and the marking of blast areas and charged holes within the permit area. These signs shall be a minimum size of 2 feet by 4 feet.

Each road, as defined in COMAR 26.20.01.02B(82), shall be classified as either a primary road or an ancillary road.

A primary road is any road which is:

An ancillary road is any road not classified as a primary road.

Each person who conducts surface mining activities shall locate, design, construct or reconstruct, utilize, and maintain roads and restore the area to meet the requirements of the Regulatory Program to:

All roads shall be removed and the land affected regarded and revegetated in accordance with the Regulatory Program unless:

The plans and drawings for primary roads shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer as meeting the requirements of this chapter and any prudent engineering practices.

The construction or reconstruction of primary roads shall be certified in a report to the Bureau by a qualified registered professional engineer. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.

Primary roads shall be located, insofar as possible, on the most stable available areas to minimize erosion.

No part of any roads may be located in the channel of an intermittent or perennial stream unless specifically approved by the Bureau in accordance with the applicable requirements of COMAR 26.20.20 and COMAR 26.20.21.02—.04.

Stream fords on perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Bureau as temporary routes during periods of construction.

Roads shall be located to minimize downstream sedimentation and flooding.

Seeding of Disturbed Area. All areas disturbed in the construction of the road, including all cut and fill slopes, shall be seeded and mulched at the earliest possible time during the first planting season after construction.

Primary roads shall be designed and constructed or reconstructed in compliance with the standards of this regulation in order to control subsequent erosion and disturbance of the hydrologic balance.

Vertical Alignment. Maximum road grades shall be as follows:

Road Cuts. Cut slopes may not be steeper than 1.5:1 in unconsolidated materials or 0.25:1 in rock, except that steeper slopes may be authorized by the Bureau.

Road Embankments.

Topsoil Removal. Before initiation of construction or reconstruction of a road, topsoil shall be removed from the design roadbed, shoulders, and surfaces where associated structures will be placed and handled in accordance with COMAR 26.20.25.02.

General.

Ditches. A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut-and-fill section, with ditch relief cross drains spaced according to a grade. Water shall be intercepted before reaching a switchback or large fill and drained safely away. Water from a fill or switchback shall be released below the fill, through conduits or in riprapped channels, and may not be discharged onto the fill. Drainage ditches shall be placed at the toe of all cut slopes formed by the construction of roads.

Culverts.

Natural Drainage. Natural channel drainageways may not be altered or relocated for road construction or reconstruction without the prior approval of the Bureau. The Bureau may approve alterations and relocations only if:

Stream Crossings. Drainage structures are required for stream channel crossings. Drainage structures may not affect the normal flow of gradient of the stream, or adversely affect fish migration and aquatic habitat or related environmental values. The applicant shall be responsible for obtaining all other local, State, and federal permits pertaining to waterway crossings or obstructions.

Roads shall be surfaced with material approved by the Bureau as sufficiently durable for the anticipated volume of traffic, and weight and speed of vehicles to be used.

Acid-forming or toxic-forming substances may not be used in road surfacing.

Roads and related structures shall be maintained in such a manner that the required or approved design standards are met throughout their entire period of use.

Access and haul roads shall be maintained to eliminate water accumulation on the surface, rutting, and dust.

Ditches, culverts, drains, debris basins, and any sediment control structure may not be blocked in any manner that impedes drainage or adversely affects the intended purpose of the structure.

A road damaged by a catastrophic event, such as a flood, shall be repaired as soon as is practicable after the damage has occurred.

Closing the road to traffic;

Removing all bridges and culverts, unless approved as part of the postmining land use;

Removing or disposing of road surfacing materials that are incompatible with the postmining land use and revegetation requirements;

Reshaping cut and fill slopes as necessary to be compatible with the postmining land use and to complement the natural drainage pattern of the surrounding terrain;

Protecting the natural drainage pattern by installing dikes or cross drains, as necessary, to control surface runoff and erosion; and

Scarifying or ripping the roadbed, replacing topsoil or substitute material, and revegetating disturbed surfaces.