Chapter 02. Permit Applications — General Requirements
Regulation .01 Scope.LinkCopy Citation
A.
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.
B.
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:
(1)
An application for a permit has been made to the Bureau by the date specified in the order of the Circuit Court for Allegany County in No. 35343, Equity;
(2)
The Bureau has not yet rendered an initial decision with respect to this application; and
(3)
The operations are conducted in compliance with all terms and conditions of the interim permit and the Interim Regulatory Program.
C.
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.
D.
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.
Regulation .02 General Application Information.LinkCopy Citation
A.
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.
B.
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.
C.
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.
D.
Each application for a surface coal mining and reclamation permit pursuant to the Regulatory Program shall be accompanied by a $10 fee.
E.
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.
F.
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.
Regulation .03 Permit Application; Applicant Information.LinkCopy Citation
Except that the submission of a Social Security number is voluntary, a mining permit application shall contain the following:
A.
The names, addresses, telephone numbers, and, as applicable, Social Security numbers and employer identification numbers of:
(1)
The permit applicant;
(2)
The operator, if the operator is a person different from the applicant;
(3)
The resident agent of the applicant who will accept service of process; and
(4)
The person who will pay the abandoned mine land reclamation fee.
B.
The names and addresses of:
(1)
Every legal or equitable owner of record of the property (surface and mineral) to be mined;
(2)
The holders of record of any leasehold interest in the property to be mined; and
(3)
Any purchaser of record under a real estate contract of the property to be mined.
C.
A statement of whether the applicant is a corporation, partnership, single proprietorship, association, and other business entity.
D.
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:
(1)
The person's name, address, Social Security number, and employer identification number;
(2)
The person's ownership or control relationship to the applicant, including percentage of ownership and location in organization structure;
(3)
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;
(4)
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
(5)
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.
E.
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:
(1)
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
(2)
Ownership and control relationship to the applicant, including percentage of ownership and location in the organizational structure.
F.
The names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.
G.
The name of the proposed mine and Mine Safety and Health Administration identification number for the mine and all sections, if any.
H.
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.
I.
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.
J.
If any suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:
(1)
Identification number and date of issuance of the permit or date and amount of bond or similar security;
(2)
Identification of the authority that suspended or revoked a permit or forfeited a bond and the stated reasons for the action;
(3)
The current status of the permit, bond, or similar security involved;
(4)
The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and
(5)
The current status of these proceedings.
K.
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:
(1)
The Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87);
(2)
A law, rule, or regulation of the United States; and
(3)
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.
L.
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.
M.
For each violation notice or cessation order reported under §§K and L of this regulation, the lists shall include the following information, as applicable:
(1)
Identifying numbers for the operation, including the:
(a)
Federal or State permit number and MSHA number,
(b)
Dates of issuance of the violation notice, and
(c)
MSHA number;
(2)
The name of the person to whom the violation notice was issued;
(3)
The name of the issuing regulatory authority, department, or agency;
(4)
A brief description of the violation alleged in the notice;
(5)
The date, location, and type of any administrative or judicial proceedings initiated concerning the violation;
(6)
The current status of the proceedings and of any violation notice; and
(7)
The actions taken to abate the violation.
N.
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:
(1)
A copy of the written consent of the surface owner to the extraction of coal by surface mining methods;
(2)
A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods;
(3)
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
(4)
Information which pertains solely to the payment of royalties, or other specific financial obligations of the applicant, may be deleted from the submitted documents.
O.
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.
P.
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.
Q.
A certificate of liability insurance.
R.
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.
S.
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.
T.
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.
Regulation .04 Copy of Advertisement of Application.LinkCopy Citation
A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the Bureau and made a part of the complete application, not later than 2 weeks after the last date of publication required under COMAR 26.20.04.03.
Regulation .05 Cultural and Historical Description in Permit Application.LinkCopy Citation
A.
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.
B.
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.
Regulation .06 Hydrology Information in the Permit Application.LinkCopy Citation
A.
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.
B.
The baseline ground water hydrology information shall include:
(1)
The location and ownership of existing wells, springs, and other ground water supplies;
(2)
The depth below the surface, lithology, thickness, and approximate areal extent of identified aquifers;
(3)
The seasonal quality, quantity, and usage of ground water;
(4)
Monitoring data on which the description of the seasonal variation in ground water quality is based, which includes total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, sulfates, acidity, and alkalinity;
(5)
Monitoring data, on which the description of the seasonal variation in ground water quantity is based, which includes approximate rates of discharge or usage, depth of wells, and depth to water in the wells; and
(6)
Additional information, as required by the Bureau, which describes the usage, recharge, storage, and discharge characteristics of aquifers and the quality and quantity of ground water.
C.
The baseline surface water hydrology information shall include:
(1)
A description of the watersheds which will receive water discharges, including the area and land uses by approximate percentage of watershed area;
(2)
The name and location of all surface water bodies such as streams, lakes, ponds, and impoundments;
(3)
The location and nature of any discharge into the surface water system;
(4)
A description of the seasonal variation in quality, quantity, and usage of surface water resources;
(5)
Monitoring data on which the description of the seasonal variation in surface water quality is based, including analyses of total suspended solids, total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, sulfates, acidity, and alkalinity;
(6)
Monitoring data on which the description of the seasonal variation in surface water quantity is based, including measurements obtained during periods indicative of different seasonal flow rates; and
(7)
Additional information pertaining to quality, quantity, or usage of surface water as required by the Bureau, which describes characteristics of the surface water system.
Regulation .07 Geological Information in the Permit Application.LinkCopy Citation
A.
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:
(1)
A description of the structural geology, stratigraphy, and parameters which influence site reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface or ground water, based on:
(a)
The cross sections, maps, and plans required by Regulation .11 of this chapter,
(b)
The information obtained under §A(2) and (5) of this regulation, and
(c)
Geological literature and practices;
(2)
Analyses of samples collected from test borings, drill cores, or fresh, unweathered, uncontaminated samples from rock outcrops from the permit area, down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest seam to be mined which may be adversely impacted by mining, which identify:
(a)
Those strata that may contain acid-forming or toxic-forming or alkalinity-producing materials, except that the Bureau may find the analysis for alkalinity-producing materials is unnecessary, and
(b)
The chemical analyses of the coal seam for acid-forming or toxic-forming materials, total sulfur, and pyritic sulfur, except that the Bureau may find that the analysis of pyritic sulfur content is unnecessary;
(3)
Logs showing lithologic characteristics, including physical properties and thickness of each stratum;
(4)
The location of ground water where occurring; and
(5)
The collection, analysis, and description of any additional geologic information determined by the Bureau to be necessary to protect the hydrologic balance or to meet the performance standards of this subtitle.
B.
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.
Regulation .08 Determination of Probable Hydrologic Consequences.LinkCopy Citation
A.
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.
B.
The determination of the probable hydrologic consequences shall include findings on:
(1)
Whether adverse impacts may occur to the hydrologic balance;
(2)
Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface or ground water supplies;
(3)
Whether the proposed 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; and
(4)
What impact the proposed operation will have on:
(a)
Sediment yield from the disturbed area,
(b)
Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact,
(c)
Flooding or stream flow alteration,
(d)
Ground water and surface water availability, and
(e)
Other characteristics as required by the Bureau.
C.
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:
(1)
Drilling;
(2)
Aquifer tests;
(3)
Hydrogeological analysis of the water-bearing strata;
(4)
Flood flows; or
(5)
Analysis of other water quality or quantity characteristics.
D.
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.
E.
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.
Regulation .09 Description Included in Permit Application.LinkCopy Citation
A.
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.
B.
The description shall include:
(1)
When required by the Bureau, a statement of the climatological factors that are representative of the proposed mine plan area, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and seasonal temperature ranges.
(2)
When required by the Bureau, a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential for re-establishing vegetation.
(3)
Fish and wildlife resource information for the permit and adjacent area, at the scope and level of detail determined by the Bureau in consultation with State or federal agencies with responsibility for fish and wildlife, sufficient to design the fish and wildlife protection and enhancement plan required under Regulation .13H of this chapter, including site specific fish and wildlife resource information necessary to assess the respective species when the permit or adjacent area is likely to contain:
(a)
Listed or proposed endangered or threatened species of plants or animals and their critical habitats listed by the Secretary of the Interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and those species and habitats protected by similar State statutes,
(b)
Eagles, migratory birds, and other species identified as requiring special protection under State or federal law, and
(c)
Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, and reproduction and wintering areas.
(4)
Soil survey information of those lands within the permit area which a reconnaissance inspection suggests may be prime farmlands, consisting of the following:
(a)
A map delineating different soils;
(b)
Soil identification;
(c)
Soil description;
(d)
Present and potential productivity of existing soils;
(e)
If the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the results of analyses, trials, and tests of overburden and topsoil.
(5)
A statement of the condition, capability, and productivity of the land within the proposed permit area, including:
(a)
A narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land has changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.
(b)
A narrative of land capability and productivity. The narrative shall provide analyses of the capability of the land, before any mining, to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the proposed permit area; and the productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from these lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, State agricultural universities, or appropriate State natural resource or agricultural agencies.
(6)
If the proposed permit area has been previously mined, provide information concerning the uses of the land preceding mining, if available.
(7)
A description of the existing land use classifications under local law of the proposed permit and adjacent areas.
(8)
Identification of the pre-mining use or uses of the land according to one or more of the following land-use categories:
(a)
“Cropland”, which is land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included.
(b)
“Pastureland or land occasionally cut for hay”, is land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.
(c)
“Grazingland”, which includes both grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land use for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.
(d)
“Forestry”, which is land used or managed for the long-term production of wood, wood fiber, or wood-derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.
(e)
“Residential”, which includes single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include but are not limited to vehicle parking and open space that directly relate to the residential use.
(f)
“Industrial/commercial”, which is land used for:
(i)
Extraction or transformation of materials for fabrication of products, wholesaling of products, or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include but are not limited to all rail, road, and other transportation facilities.
(ii)
Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include but are not limited to parking, storage, or shipping facilities.
(g)
“Recreation”, which is land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses.
(h)
“Fish and wildlife habitat”, which is land dedicated wholly or partially to the production, protection, or management of species of fish and wildlife.
(i)
“Developed water resources”, which includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.
(j)
“Undeveloped land or no current use or land management”, which is land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.
(9)
Other relevant information required by the Bureau.
Regulation .10 Map Included in Permit Application.LinkCopy Citation
A.
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:
(1)
The boundaries of surface properties within the permit area and within 1,000 feet of the permit area and the names of the owners of the surface properties within the permit area and within 1/2 mile of the permit area;
(2)
The names of the mineral owners in and contiguous to the permit area, and a breakdown of the mineral ownership by boundaries and acreage within the permit area;
(3)
The boundaries of the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities;
(4)
The number of acres in the area to be disturbed including a breakdown of the acreage by property owners;
(5)
A breakdown of the open acre limit to include the following categories: haul roads, equipment maintenance areas, coal stockpile areas, sediment control facilities, topsoil storage areas, and mining areas;
(6)
The boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the mining of sub-areas for which it is anticipated that additional permits will be sought;
(7)
The location of all buildings on and within 1,000 feet of the proposed permit area, with identification of the current use of the buildings;
(8)
The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including but not limited to major electric transmission lines, pipelines, and agricultural drainage tile fields;
(9)
The location and boundaries of any proposed reference areas for determining the success of revegetation;
(10)
The locations of water supply intakes for current users of the surface water flowing into, out of, and within a hydrologic area defined by the Bureau, and those surface waters which will receive discharges from affected areas in the proposed mine plan area;
(11)
Each public road located in or within 1,000 feet of the proposed permit area;
(12)
The boundaries of any public park, forest or wildlife management area, and locations of any cultural or historic resources listed or eligible for listing in the National Register of Historic Places, and known archeological sites within the mine plan or adjacent areas;
(13)
Each public or private cemetery or Indian burial ground located in or within 100 feet of the proposed permit area;
(14)
Any land within the proposed permit area and adjacent area which is within the boundaries of any units of the National System of Trails or the National or State Wild and Scenic River System, including study rivers designated under §5A. of the Wild and Scenic Rivers Act;
(15)
The location of the mine and permit identification signs and perimeter markers sufficient to identify the boundaries of the permit area;
(16)
The name of the nearest municipality;
(17)
The State coordinates of the proposed operation;
(18)
Other relevant information required by the Bureau;
(19)
The date the map was prepared, the north point, a vicinity sketch in such detail as to easily locate the area to be disturbed, and a legend.
B.
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.
Regulation .11 Additional Permit Application Information.LinkCopy Citation
In addition to the information required by Regulation .10 of this chapter, the permit application shall include maps, cross sections, and plans prepared by or under the direction of, and certified by, a qualified registered professional engineer or professional geologist, with assistance from people in related fields such as land surveying and landscape architecture, showing:
A.
Elevations and locations of test borings and core samplings;
B.
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;
C.
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;
D.
All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;
E.
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;
F.
Location and extent of subsurface water, if encountered, within the proposed permit and adjacent areas;
G.
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;
H.
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;
I.
Location and extent of existing or previously surface-mined areas within the proposed permit area;
J.
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;
K.
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;
L.
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:
(1)
Each measurement shall consist of an angle of inclination along the prevailing slope, perpendicular to the contour, extending 100 linear feet above and below or beyond the coal outcrop of the area to be disturbed or, where this is impractical, at locations specified by the Bureau,
(2)
If the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances, or any other distance determined by the Bureau to be representative of the pre-mining configuration of the land,
(3)
Slope measurements shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.
Regulation .12 Preapplication Investigation Regarding Prime Farmland.LinkCopy Citation
A.
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.
B.
Land may not be considered prime farmland if the applicant can demonstrate one of the following:
(1)
The land has not been historically used as cropland;
(2)
The slope of the land is 10 percent or greater;
(3)
Other factors exist, such as a very rocky surface, or the land is frequently flooded during the growing season, more often than once in 2 years, and the flooding has reduced crop yields; or
(4)
On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. Soil Conservation Service.
C.
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.
D.
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.
Regulation .13 Description of Proposed Mining Operations.LinkCopy Citation
Each application shall contain a description of the proposed mining operations during the life of the mine within the permit area, including:
A.
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.
B.
Anticipated annual and total production of coal, by tonnage, and major equipment to be used for all aspects of the operations.
C.
The method of marking the perimeter of the permit area.
D.
A narrative explaining the construction, modification, use, maintenance, and removal (unless retention is necessary for postmining land use) of the following facilities:
(1)
Dams, embankments, and other impoundments;
(2)
Overburden and topsoil handling and storage areas and structures;
(3)
Coal removal, handling, storage, cleaning, and transportation areas and structures;
(4)
Spoil, coal processing waste, mine development waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;
(5)
Mine facilities; and
(6)
Water and air pollution control facilities.
E.
The method of site preparation including the procedure for clearing and grubbing and disposal of trees, brush, structures, and debris.
F.
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:
(1)
Types and approximate amounts of explosives to be used for each type of blasting operation to be conducted;
(2)
Description of procedures and plans for recording and retention of information on the following during blasting:
(a)
Drilling patterns, including size, number, depths, and spacing of holes,
(b)
Charge and packing of holes,
(c)
Types of fuses and detonation controls, and
(d)
Sequence and timing of firing holes;
(3)
Description of blasting warning and site access control equipment and procedures;
(4)
Description of types, capabilities, sensitivities, and location of use of any blast monitoring equipment and procedures proposed to be used;
(5)
Description of plans for accomplishing and reporting to the Bureau the results of pre-blasting surveys, if required; and
(6)
Description of unavoidable hazardous conditions for which deviations from the blasting schedule will be needed;
(7)
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
(8)
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.
G.
An air pollution control plan which includes the following:
(1)
A plan for fugitive dust control practices; and
(2)
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.
H.
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:
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:
(1)
Protective measures to be used during the active mining phases of operation such as the:
(a)
Establishment of buffer zones,
(b)
Selective location and special design of haul roads and power lines, and
(c)
Monitoring of surface water quality and quantity;
(2)
Enhancement measures to be used during the reclamation and postmining phase of operation, to develop aquatic and terrestrial habitat such as:
(a)
Restoration of streams and other wetlands,
(b)
Retention of ponds and impoundments,
(c)
Establishment of vegetation for wildlife food and cover, and
(d)
The placement of perches and nest boxes.
I.
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.
J.
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.
K.
Maps and plans of the proposed permit and adjacent areas showing the:
(1)
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;
(2)
Area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation.
L.
Maps and plans of the proposed permit area showing:
(1)
Buildings, utility corridors, and facilities to be used;
(2)
Each area of land for which a performance bond or other equivalent guarantee will be posted;
(3)
Each coal storage, cleaning, and loading area;
(4)
Each topsoil, spoil, coal waste, and non-coal waste storage area;
(5)
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;
(6)
Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;
(7)
Each air pollution collection and control facility;
(8)
Each source of waste and each waste disposal facility relating to coal processing or pollution control;
(9)
Each facility to be used to protect and enhance fish and wildlife and related environmental values;
(10)
Each explosive storage and handling facility; and
(11)
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.
M.
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.
N.
A hydrologic reclamation plan, with appropriate maps and cross sections for the measures to be taken during mining and reclamation through bond release to:
(1)
Minimize disturbance to the hydrologic balance within the permit and adjacent areas;
(2)
Prevent material damage outside the permit area;
(3)
Meet applicable State and federal water quality laws and regulations; and
(4)
Protect or replace the rights of present water users.
O.
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:
(1)
Avoid acid or toxic drainage; and
(2)
Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow.
P.
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.
Q.
A plan for the restoration of the approximate recharge capacity of the permit area.
R.
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.
S.
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.
T.
A detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including:
(1)
The landowner's plan for use of the land according to one or more of the categories in Regulation .09B(8) of this chapter;
(2)
A discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses;
(3)
The relationship of the proposed use to existing land use policies and plans;
(4)
An explanation of:
(a)
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,
(b)
If grazing is the proposed postmining use, the detailed management plans to be implemented,
(c)
If a land use different from the pre-mining land use is proposed, all materials needed for approval of the alternative use,
(d)
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;
(5)
A copy of the comments concerning the proposed postmining land use by the:
(a)
Legal or equitable owner of record of the surface of the proposed permit area, and
(b)
State and local government agencies which would have to indicate, implement, approve, or authorize the proposed use of the land following reclamation.
U.
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:
(1)
Is prepared by, or under the direction of, and certified by a qualified registered professional engineer;
(2)
Contains a description, contour map, plan view, and cross section of the structure;
(3)
Contains hydrologic and geologic information required to assess the hydrologic impact of the structure; and
(4)
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.
V.
Design Plan.
(1)
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:
(a)
Is designed in compliance with the requirements of COMAR 26.20.21.06 and 26.20.21.08;
(b)
Is prepared by, or under the direction of, and certified by a qualified registered professional engineer;
(c)
Includes any geotechnical investigation, design, and construction requirements for the structure;
(d)
Describes the operation and maintenance requirements for each structure; and
(e)
Describes the timetable and plans to remove each structure, if appropriate.
(2)
Coal Processing Waste Dam and Embankment Plan.
(a)
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.
(b)
The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:
(i)
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;
(ii)
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;
(iii)
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;
(iv)
The possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material shall be considered.
(3)
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.
W.
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.
X.
Descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed.
Y.
Descriptions of measures to be used to:
(1)
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
(2)
Obtain approval of the Bureau and the agencies with jurisdiction over these parks or places.
Z.
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.
AA.
Descriptions of Excess Spoil Disposal Site.
(1)
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.
(2)
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.
(3)
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.
BB.
A detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area, including:
(1)
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;
(2)
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;
(3)
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;
(4)
A description of measures to be taken to obtain approval of the Bureau for alteration or relocation of a natural drainageway;
(5)
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;
(6)
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
(7)
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
(8)
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.
CC.
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.
Regulation .14 Plan for Land Reclamation.LinkCopy Citation
The permit application shall contain a plan for reclamation of the lands within the proposed permit area, including:
A.
A detailed timetable for completion of each major step in the reclamation plan;
B.
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;
C.
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;
D.
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;
E.
A plan for removal, storage, protection from erosion, and redistribution of topsoil, subsoil, and other materials;
F.
A plan for revegetation, including the:
(1)
Schedule of revegetation,
(2)
Method of seed bed preparation,
(3)
Species and amounts per acre of seed and seedlings to be used,
(4)
Rate of lime application,
(5)
Analysis and rate of fertilizer application,
(6)
Methods to be used in planting and seeding,
(7)
Mulching techniques, type, and rate of application,
(8)
Irrigation, if appropriate, and pest and disease control measures, if any,
(9)
Measures proposed to be used to determine the success of revegetation, and
(10)
A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;
G.
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
H.
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.
Regulation .15 Survey of Structures and Renewable Resource Lands.LinkCopy Citation
A.
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.
B.
The survey required by §A of this regulation shall contain:
(1)
A map of the permit area and adjacent areas at a scale of 1:12,000, or larger, if determined necessary by the Bureau, showing the location and type of:
(a)
Structures and renewable resource lands that subsidence may materially damage or for which the value or reasonably foreseeable use may be diminished by subsidence; and
(b)
Water supplies that could be contaminated, diminished, or interrupted by subsidence;
(2)
A narrative indicating whether subsidence, if it occurs, could:
(a)
Cause material damage to or diminish the value or reasonably foreseeable use of any structures or renewable resource lands; or
(b)
Contaminate, diminish, or interrupt any water supplies; and
(3)
A survey of the quantity and quality of all water supplies in the permit area and adjacent areas as required by COMAR 26.20.13.07E.
C.
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.
D.
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.
Regulation .16 Subsidence Control Plan.LinkCopy Citation
A subsidence control plan, if required under Regulation .15 of this chapter, shall include:
A.
A detailed description of the mining method and other measures to be taken which may affect subsidence, including:
(1)
The technique of coal removal, such as longwall mining, room and pillar with pillar removal, hydraulic mining, or other methods, including the size, sequence, and timing for the development of underground workings;
(2)
A description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood or extent of subsidence and subsidence-related damage; and
(3)
A map of the underground workings which describes the location and extent of all areas when:
(a)
Planned subsidence mining methods will be used, and
(b)
Subsidence prevention or damage mitigation methods described in §B of this regulation will be used;
B.
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:
(1)
The anticipated effects of planned subsidence, if any;
(2)
Measures, if any, to be taken in the mine to reduce the likelihood of subsidence, including such measures as:
(a)
Backstowing or backfilling of voids,
(b)
Leaving support pillars of coal, and
(c)
Areas in which no coal removal is planned, including a description of the overlying area to be protected by leaving coal in place,
(3)
Measures to be taken on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface including such measures as:
(a)
Reinforcement of sensitive structures or features,
(b)
Installation of footers designed to reduce damage caused by movement,
(c)
Change of location of pipelines, utility lines, or other features,
(d)
Relocation of movable improvements to sites outside the angle of draw, and
(e)
Monitoring to determine the commencement and degree of subsidence so that other appropriate measures can be taken to prevent or reduce material damage;
C.
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:
(1)
Restoration or rehabilitation of structures and features, including approximate land-surface contours, to premining conditions;
(2)
Replacement of structures destroyed by subsidence;
(3)
Purchase of structures before mining and restoration of the land after subsidence to a condition capable of supporting and suitable for the structures and foreseeable land uses;
(4)
Purchase of noncancellable insurance policies payable to the surface owner in the full amount of the possible material damage or other comparable measures;
D.
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:
(1)
Presubsidence surveys of all structures and surface features which might be materially damaged by subsidence; and
(2)
Monitoring to measure deformations near specified structures or features or otherwise as appropriate for the operation;
E.
A description of the measures to be taken in accordance with COMAR 26.20.13.05 and COMAR 26.20.13.09:
(1)
To replace adversely affected water supplies; or
(2)
To mitigate or remedy any subsidence-related material damage to the land and protected structures; and
F.
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.
Regulation .17 Return of Waste.LinkCopy Citation
A.
A plan for the return of coal processing waste to abandoned underground workings, if applicable, shall include:
(1)
A description of the design, operation, and maintenance of any proposed coal processing waste disposal facility, including:
(a)
Flow diagrams,
(b)
All necessary drawings and maps;
(2)
A description of the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling;
(3)
A description of the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime;
(4)
A description of the ground water monitoring program.
B.
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.
Regulation .18 Deep Mine Applications.LinkCopy Citation
In addition to the applicable requirements of this chapter, an application for a deep mine permit shall also contain the following:
A.
An application fee of $200;
B.
Copies of other permits required by the Department in order to engage in the proposed operation;
C.
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;
D.
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:
(1)
The boundaries of the proposed affected area for which the applicant has the legal right to conduct underground coal mining operations,
(2)
The number of acres in the affected area, including a breakdown of the acreage by property owner,
(3)
The boundaries of surface properties and the names and addresses of the owners of the surface within the affected area and within 1,000 feet of the affected area,
(4)
The location of active, plugged, or abandoned oil, gas, and water wells and springs within the proposed affected area and within 1,000 feet of the proposed affected area, including the names and addresses of the owners,
(5)
The location of all known test borings, and
(6)
The location and name, if known, of streams and other bodies of water, roads, railroads, public buildings, churches, cemeteries, and major fluid, gas, and utility transmission lines within the affected area and within 1,000 feet of the affected area;
E.
Cross sections above the underground workings depicting presubsidence and postsubsidence ground profiles, based on approved prediction methods and at locations specified by the Bureau;
F.
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:
(1)
Structural contours at the base of the coal seam to be mined,
(2)
The location of faults or fractures known to exist and, if required by the Bureau, the results of a fracture trace analysis,
(3)
The outcrop of the coal seam to be mined,
(4)
The strike and dip of the strata and the direction and amount of plunge of the regional structure,
(5)
The axis of any regional structural feature which occurs within the limits of the map,
(6)
The boundaries of any adjacent active or abandoned deep or surface mine areas;
G.
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;
H.
Information on adjacent active, inactive, or abandoned deep mines, including those in overlying or underlying coal seams, if available, describing the:
(1)
Current condition of the mine,
(2)
Approximate age of the mine,
(3)
Type of mining which occurred,
(4)
Existence and elevation of any mine pool,
(5)
Rate and quality of discharge from known entries or outlets, and
(6)
Existence and extent of any mine fires;
I.
A determination of the anticipated mining and postmining water quality and quantity based on hydrologic models and monitoring data from hydrologically comparable mines; and
J.
Other information requested by the Bureau.
Chapter annotations
Authority: Environment Article, §§15-503 and 15-603, Annotated Code of Maryland
History: Effective date:
History: Regulations .01 and .02—.17 were previously codified as COMAR 08.13.09.02A—B and D—S, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
History: Regulation .18 adopted effective February 13, 1995 (22:3 Md. R. 151)
History: Chapter recodified from COMAR 08.20.02 to COMAR 26.20.02, June 1996
History: Regulation .01C and D adopted effective July 8, 2002 (29:13 Md. R. 993)
History: Regulation .13 amended effective February 5, 2001 (28:2 Md. R. 105); March 14, 2005 (32:5 Md. R. 582)
History: Regulation .13M amended effective July 8, 2002 (29:13 Md. R. 993)
History: Regulation .15 amended effective March 14, 2005 (32:5 Md. R. 581)
History: Regulation .16 amended effective March 14, 2005 (32:5 Md. R. 581)