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<regulation prefix="Regulation" num=".03" citation="COMAR 26.20.02.03" title_num="26" subtitle_num="20" chapter_num="02" heading="Permit Application; Applicant Information.">
  <text>Except that the submission of a Social Security number is voluntary, a mining permit application shall contain the following:</text>
  <paragraph num="A.">
    <text>The names, addresses, telephone numbers, and, as applicable, Social Security numbers and employer identification numbers of:</text>
    <paragraph num="(1)">
      <text>The permit applicant;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The operator, if the operator is a person different from the applicant;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The resident agent of the applicant who will accept service of process; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The person who will pay the abandoned mine land reclamation fee.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The names and addresses of:</text>
    <paragraph num="(1)">
      <text>Every legal or equitable owner of record of the property (surface and mineral) to be mined;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The holders of record of any leasehold interest in the property to be mined; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any purchaser of record under a real estate contract of the property to be mined.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A statement of whether the applicant is a corporation, partnership, single proprietorship, association, and other business entity.</text>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The person's name, address, Social Security number, and employer identification number;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The person's ownership or control relationship to the applicant, including percentage of ownership and location in organization structure;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The title of the person's position, the date the position was assumed, and when submitted under COMAR 26.20.05.03I, the date of departure from the position;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Each additional name and identifying number, including employer identification number, federal or State permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within 5 years preceding the date of the application; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any state in the United States.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Name, address, identifying numbers, including employer identification number, federal or State permit number and MSHA number, the date of issuance of the MSHA number, and the issuing regulatory authority; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ownership and control relationship to the applicant, including percentage of ownership and location in the organizational structure.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The name of the proposed mine and Mine Safety and Health Administration identification number for the mine and all sections, if any.</text>
  </paragraph>
  <paragraph num="H.">
    <text>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.</text>
  </paragraph>
  <paragraph num="I.">
    <text>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.</text>
  </paragraph>
  <paragraph num="J.">
    <text>If any suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:</text>
    <paragraph num="(1)">
      <text>Identification number and date of issuance of the permit or date and amount of bond or similar security;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Identification of the authority that suspended or revoked a permit or forfeited a bond and the stated reasons for the action;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The current status of the permit, bond, or similar security involved;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The current status of these proceedings.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87);</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A law, rule, or regulation of the United States; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A State law, rule, or regulation enacted under federal law, rule, or regulation pertaining to air or water environmental protection incurred in connection with any surface coal mining operation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>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.</text>
  </paragraph>
  <paragraph num="M.">
    <text>For each violation notice or cessation order reported under §§K and L of this regulation, the lists shall include the following information, as applicable:</text>
    <paragraph num="(1)">
      <text>Identifying numbers for the operation, including the:</text>
      <paragraph num="(a)">
        <text>Federal or State permit number and MSHA number,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Dates of issuance of the violation notice, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>MSHA number;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The name of the person to whom the violation notice was issued;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The name of the issuing regulatory authority, department, or agency;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A brief description of the violation alleged in the notice;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The date, location, and type of any administrative or judicial proceedings initiated concerning the violation;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The current status of the proceedings and of any violation notice; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The actions taken to abate the violation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="N.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>A copy of the written consent of the surface owner to the extraction of coal by surface mining methods;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under State law the applicant has the legal authority to extract the coal by those methods; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Information which pertains solely to the payment of royalties, or other specific financial obligations of the applicant, may be deleted from the submitted documents.</text>
    </paragraph>
  </paragraph>
  <paragraph num="O.">
    <text>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.</text>
  </paragraph>
  <paragraph num="P.">
    <text>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.</text>
  </paragraph>
  <paragraph num="Q.">
    <text>A certificate of liability insurance.</text>
  </paragraph>
  <paragraph num="R.">
    <text>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.</text>
  </paragraph>
  <paragraph num="S.">
    <text>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.</text>
  </paragraph>
  <paragraph num="T.">
    <text>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.</text>
  </paragraph>
</regulation>