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<regulation prefix="Regulation" num=".13" citation="COMAR 26.20.02.13" title_num="26" subtitle_num="20" chapter_num="02" heading="Description of Proposed Mining Operations.">
  <text>Each application shall contain a description of the proposed mining operations during the life of the mine within the permit area, including:</text>
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Anticipated annual and total production of coal, by tonnage, and major equipment to be used for all aspects of the operations.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The method of marking the perimeter of the permit area.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A narrative explaining the construction, modification, use, maintenance, and removal (unless retention is necessary for postmining land use) of the following facilities:</text>
    <paragraph num="(1)">
      <text>Dams, embankments, and other impoundments;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Overburden and topsoil handling and storage areas and structures;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Coal removal, handling, storage, cleaning, and transportation areas and structures;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Spoil, coal processing waste, mine development waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Mine facilities; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Water and air pollution control facilities.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The method of site preparation including the procedure for clearing and grubbing and disposal of trees, brush, structures, and debris.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Types and approximate amounts of explosives to be used for each type of blasting operation to be conducted;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Description of procedures and plans for recording and retention of information on the following during blasting:</text>
      <paragraph num="(a)">
        <text>Drilling patterns, including size, number, depths, and spacing of holes,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Charge and packing of holes,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Types of fuses and detonation controls, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Sequence and timing of firing holes;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Description of blasting warning and site access control equipment and procedures;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Description of types, capabilities, sensitivities, and location of use of any blast monitoring equipment and procedures proposed to be used;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Description of plans for accomplishing and reporting to the Bureau the results of pre-blasting surveys, if required; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Description of unavoidable hazardous conditions for which deviations from the blasting schedule will be needed;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Information setting forth the limitations the operator shall meet with regard to ground vibration and air blast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of the blasting operations; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>If blasting operations are anticipated within 1,000 feet of a building used as a dwelling, public building, school, church, or community or institutional building outside the permit area, or 500 feet of an active or abandoned underground mine, a blast design shall be submitted as part of the blasting plan, which contains sketches of the drill patterns, delay periods, and decking and shall indicate the amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable air blast, fly rock, and ground vibration standards in COMAR 26.20.22.06H, I, and J. The blast shall be prepared, designed, and signed by a certified blaster.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>An air pollution control plan which includes the following:</text>
    <paragraph num="(1)">
      <text>A plan for fugitive dust control practices; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An air quality monitoring program, if required by the Bureau, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices to comply with applicable federal and State air quality standards.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Protective measures to be used during the active mining phases of operation such as the:</text>
      <paragraph num="(a)">
        <text>Establishment of buffer zones,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Selective location and special design of haul roads and power lines, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Monitoring of surface water quality and quantity;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Enhancement measures to be used during the reclamation and postmining phase of operation, to develop aquatic and terrestrial habitat such as:</text>
      <paragraph num="(a)">
        <text>Restoration of streams and other wetlands,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Retention of ponds and impoundments,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Establishment of vegetation for wildlife food and cover, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The placement of perches and nest boxes.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>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.</text>
  </paragraph>
  <paragraph num="J.">
    <text>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.</text>
  </paragraph>
  <paragraph num="K.">
    <text>Maps and plans of the proposed permit and adjacent areas showing the:</text>
    <paragraph num="(1)">
      <text>Lands proposed to be affected throughout the operation and any change in a facility or feature, shown under Regulations .10 and .11 of this chapter, to be caused by the proposed operations;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>Maps and plans of the proposed permit area showing:</text>
    <paragraph num="(1)">
      <text>Buildings, utility corridors, and facilities to be used;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each area of land for which a performance bond or other equivalent guarantee will be posted;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Each coal storage, cleaning, and loading area;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Each topsoil, spoil, coal waste, and non-coal waste storage area;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The method of operation, indicating the extent and sequence of the cuts, and the maximum lineal feet of highwall to be open at one time;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Each air pollution collection and control facility;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Each source of waste and each waste disposal facility relating to coal processing or pollution control;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Each facility to be used to protect and enhance fish and wildlife and related environmental values;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Each explosive storage and handling facility; and</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, and fill area for the disposal of excess spoil.</text>
    </paragraph>
  </paragraph>
  <paragraph num="M.">
    <text>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.</text>
  </paragraph>
  <paragraph num="N.">
    <text>A hydrologic reclamation plan, with appropriate maps and cross sections for the measures to be taken during mining and reclamation through bond release to:</text>
    <paragraph num="(1)">
      <text>Minimize disturbance to the hydrologic balance within the permit and adjacent areas;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prevent material damage outside the permit area;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Meet applicable State and federal water quality laws and regulations; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Protect or replace the rights of present water users.</text>
    </paragraph>
  </paragraph>
  <paragraph num="O.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Avoid acid or toxic drainage; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow.</text>
    </paragraph>
  </paragraph>
  <paragraph num="P.">
    <text>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.</text>
  </paragraph>
  <paragraph num="Q.">
    <text>A plan for the restoration of the approximate recharge capacity of the permit area.</text>
  </paragraph>
  <paragraph num="R.">
    <text>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.</text>
  </paragraph>
  <paragraph num="S.">
    <text>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.</text>
  </paragraph>
  <paragraph num="T.">
    <text>A detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including:</text>
    <paragraph num="(1)">
      <text>The landowner's plan for use of the land according to one or more of the categories in Regulation .09B(8) of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The relationship of the proposed use to existing land use policies and plans;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An explanation of:</text>
      <paragraph num="(a)">
        <text>How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If grazing is the proposed postmining use, the detailed management plans to be implemented,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If a land use different from the pre-mining land use is proposed, all materials needed for approval of the alternative use,</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable State and local land use plans and programs;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>A copy of the comments concerning the proposed postmining land use by the:</text>
      <paragraph num="(a)">
        <text>Legal or equitable owner of record of the surface of the proposed permit area, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>State and local government agencies which would have to indicate, implement, approve, or authorize the proposed use of the land following reclamation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="U.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Is prepared by, or under the direction of, and certified by a qualified registered professional engineer;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Contains a description, contour map, plan view, and cross section of the structure;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Contains hydrologic and geologic information required to assess the hydrologic impact of the structure; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Contains a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.</text>
    </paragraph>
  </paragraph>
  <paragraph num="V.">
    <text>Design Plan.</text>
    <paragraph num="(1)">
      <text>A detailed design plan for each proposed siltation structure, sedimentation pond, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area, which:</text>
      <paragraph num="(a)">
        <text>Is designed in compliance with the requirements of COMAR 26.20.21.06 and 26.20.21.08;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is prepared by, or under the direction of, and certified by a qualified registered professional engineer;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Includes any geotechnical investigation, design, and construction requirements for the structure;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Describes the operation and maintenance requirements for each structure; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Describes the timetable and plans to remove each structure, if appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Coal Processing Waste Dam and Embankment Plan.</text>
      <paragraph num="(a)">
        <text>Each coal processing waste dam and embankment plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:</text>
        <paragraph num="(i)">
          <text>The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material shall be considered.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If a sedimentation pond, water impoundment, or coal processing waste dam, or siltation structure meets the Class (b) or (c) criteria for dams in the USDA, Soil Conservation Service Technical Release No. 60, (October 1985), as incorporated by reference in COMAR 26.20.21.01-1 or meets the size or other criteria of 30 CFR §77.216(a), the plan shall contain a stability analysis of each structure. The stability analysis shall include but not be limited to strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.</text>
    </paragraph>
  </paragraph>
  <paragraph num="W.">
    <text>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.</text>
  </paragraph>
  <paragraph num="X.">
    <text>Descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed.</text>
  </paragraph>
  <paragraph num="Y.">
    <text>Descriptions of measures to be used to:</text>
    <paragraph num="(1)">
      <text>Minimize or prevent potential adverse impacts on any public parks, forests or wildlife management areas, or historic places that may be adversely affected by the proposed operations; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Obtain approval of the Bureau and the agencies with jurisdiction over these parks or places.</text>
    </paragraph>
  </paragraph>
  <paragraph num="Z.">
    <text>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.</text>
  </paragraph>
  <paragraph num="AA.">
    <text>Descriptions of Excess Spoil Disposal Site.</text>
    <paragraph num="(1)">
      <text>Each application shall contain descriptions, including appropriate maps and cross-section drawings, of any proposed excess spoil disposal site and design of the spoil disposal structures in accordance with COMAR 26.20.26. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the character of bedrock and any adverse geological conditions in the disposal area, a survey identifying all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the disposal site, a survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations, a technical description of the rock materials to be used in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket, and a stability analysis including but not limited to strength parameters, pore pressures and long-term seepage conditions. The data shall be accompanied by a description of all engineering design assumptions and calculations and the alternative considered in selecting the specific design specifications and methods.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If rock toe buttresses or keyway cuts are required, the application shall include the number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions, and engineering specifications used to design the rock toe buttress or keyway cuts which shall be determined in accordance with §AA(2) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="BB.">
    <text>A detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area, including:</text>
    <paragraph num="(1)">
      <text>A map, profile, and appropriate cross sections, design drawings, and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the Bureau in accordance with COMAR 26.20.19;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the Bureau in accordance with COMAR 26.20.19;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A description of measures to be taken to obtain approval of the Bureau for alteration or relocation of a natural drainageway;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the Bureau can maximize the protection of the stream in accordance with COMAR 26.20.19;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the Bureau; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A description of the plans to remove and reclaim each road that will not be retained under an approved postmining land use, and the schedule for this removal and reclamation; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Design and certification of the plans and drawings for each primary road by a qualified registered professional engineer in accordance with COMAR 26.20.19.01F.</text>
    </paragraph>
  </paragraph>
  <paragraph num="CC.">
    <text>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.</text>
  </paragraph>
</regulation>