Chapter 03. Permit Applications — Special Categories of Mining
Regulation .01 Scope.LinkCopy Citation
These requirements are in addition to the general requirements contained in COMAR 26.20.02.
Regulation .02 Experimental Practices Mining.LinkCopy Citation
A.
The requirements of this regulation apply to any person who conducts or intends to conduct surface coal mining and reclamation operations under a permit authorizing the use of alternative mining practices on an experimental basis, if the practices require a variance from the environmental protection performance standards of the Regulatory Program. The purpose of this regulation is to provide requirements for the permitting of surface coal mining and reclamation operations that encourage advances in mining and reclamation practices, or allow postmining land use for industrial, commercial, residential, or public use (including recreational facilities) on an experimental basis. “Experimental practice” means the use of alternative surface coal mining and reclamation operation practices for experimental or research purposes. Experimental practices need not comply with specific environmental protection performance standards of the Regulatory Program, if approved pursuant to this regulation.
B.
A person may not engage in or maintain any experimental practice, unless that practice is first approved in a permit by the Bureau. The Bureau may not grant approval without first obtaining concurrence with appropriate officials of the federal Office of Surface Mining.
C.
Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the Bureau. The permit application shall contain appropriate descriptions, maps, and plans which show:
(1)
The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and any special monitoring which will be conducted;
(2)
How use of the experimental practice:
(a)
Encourages advances in mining and reclamation technology, or
(b)
Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities), on an experimental basis, when the results are not otherwise attainable under the approved Regulatory Program;
(3)
That the mining and reclamation operations proposed for using an experimental practice are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;
(4)
That the experimental practice:
(a)
Is potentially more, or at least as, environmentally protective during and after the proposed mining and reclamation operations as those practices normally required under the Regulatory Program, and
(b)
Will not reduce the protection afforded public health and safety below that provided by the requirements of the Regulatory Program;
(5)
That the applicant will conduct monitoring of the effects of the experimental practice during and after the operations involved. The monitoring program shall:
(a)
Insure the collection, analysis, and reporting of sufficient and reliable data to enable the Bureau and the federal Office of Surface Mining to make adequate comparisons with other surface coal mining and reclamation operations employing similar experimental practices,
(b)
Evaluate the effectiveness of the experimental practice, and
(c)
Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.
D.
Each application shall set forth the environmental protection performance standards of the Regulatory Program which will be implemented, if the objective of the experimental practice is a failure.
E.
All experimental practices for which variances are sought shall be specifically identified through newspaper advertisements by the applicant and the written notifications by the Bureau under COMAR 26.20.04.02C.
F.
A permit authorizing an experimental practice may not be issued, unless the Bureau first finds, in writing, upon the basis of both a complete application filed in accordance with the requirements of this section, and the comments of the federal Office of Surface Mining, that:
(1)
The experimental practice meets all of the requirements of §C of this regulation;
(2)
The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved;
(3)
The experimental practice has been specifically approved, in writing, by the federal Office of Surface Mining, based on a finding that all of the requirements of §C of this regulation will be met; and
(4)
The permit contains conditions which specifically:
(a)
Limit the experimental practice authorized to that granted by the Bureau and the federal Office of Surface Mining,
(b)
Impose enforceable alternative environmental protection requirements, and
(c)
Require the permittee to conduct the periodic monitoring, recording, and reporting program set forth in the application, with such additional requirements as the Bureau or the federal Office of Surface Mining may require.
G.
Experimental practices granting variances from the special environmental protection performance standards applicable to prime farmlands shall be approved only after consultation with the U.S. Department of Agriculture, Soil Conservation Service.
H.
Each experimental practice shall be reviewed by the Bureau at a frequency set forth in the approved permit, but not less frequently than every 2-1/2 years. After the annual review of any permit which authorizes the use of an experimental practice, the Bureau, with the consent of the federal Office of Surface Mining, shall require by order, supported by written findings, any reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Any person who is or may be adversely affected by the order shall be provided with an opportunity for a hearing.
I.
Revisions or modifications to an experimental practice shall be processed in accordance with COMAR 26.20.07 and approved by the Bureau. Any revisions which propose significant alterations in the experimental practice shall, at a minimum, be subject to the notice, hearing, and public participation requirements of COMAR 26.20.04 and the concurrence of the federal Office of Surface Mining.
Regulation .03 Mountaintop Removal Mining.LinkCopy Citation
A.
This regulation applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining. “Mountaintop removal mining” means surface mining activities where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except where an outcrop barrier, consisting of the lowest coal seam and its associated overburden, is required to be retained by the Bureau) by removing substantially all of the overburden off the bench, and creating a level plateau or a gently rolling contour, with no highwalls remaining, and which is capable of supporting postmining land uses in accordance with the requirements of this regulation.
B.
The Bureau will not issue a permit for mountaintop removal mining, unless it first finds, in writing, that the following requirements are met:
(1)
The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use, and, if after consultation with the appropriate land-use planning agencies, the proposed land use is deemed to constitute an equal or better economic or public use of the affected land compared with the pre-mining use, then:
(a)
The applicant demonstrates compliance with the requirement for acceptable alternative postmining land uses,
(b)
The proposed use would be compatible with adjacent land uses and existing State and local land use plans and programs, and
(c)
The Bureau has provided, in writing, an opportunity of not more than 60 days to review and comment on the proposed use, to the commissioners of the county in whose jurisdiction the land is located and any State or federal agencies which have any interest in the proposed use;
(2)
The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour, the operation will be conducted in compliance with the special performance standards of COMAR 26.20.24.03 for mountaintop removal, and these requirements are made a specific condition of the permit;
(3)
The proposed operations will meet all other requirements of the Regulatory Program;
(4)
The permit is clearly identified as being for mountaintop removal mining.
C.
Any permits incorporating a variance issued under this regulation shall be reviewed annually, and before permit renewal, to establish that the operator is proceeding in accordance with the terms of the variance, unless the permittee has demonstrated and the Bureau found in writing, within 3 months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of the Regulatory Program.
D.
The terms and conditions of a permit for mountaintop removal mining may be modified at any time by the Bureau, if it determines that more stringent measures are necessary to insure that the operation involved is conducted in compliance with the requirements of the Regulatory Program.
Regulation .04 Steep Slope Mining.LinkCopy Citation
A.
This regulation applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations. “Steep slope” means any slope of 20 degrees or more. This regulation does not apply to operations on predominantly flat or gently rolling terrain, but on which an occasional steep slope is encountered as the mining operation proceeds.
B.
The Bureau will not issue a permit for surface mining activities on slopes of 20 degrees or more unless the application contains sufficient information to demonstrate that the following requirements will be met:
(1)
The mining operation will be conducted on lands containing a previously orphaned surface or deep mining operation;
(2)
The Land Reclamation Committee finds that the land can be restored to its original contour; and
(3)
The Bureau finds, in writing, that in addition to meeting all other requirements of the Regulatory Program, the operation will be conducted in accordance with the requirements for operations on steep slopes, as contained in COMAR 26.20.24.04.
Regulation .05 Prime Farmlands.LinkCopy Citation
A.
This regulation applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmland historically used for cropland. Nothing in this regulation applies to any permit issued before August 3, 1977, or to any revisions or renewals of it, or to any existing surface mining operations for which a permit was issued before August 3, 1977.
B.
All permit applications shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The Bureau in consultation with the U.S. Soil Conservation Service shall determine the nature and extent of the reconnaissance inspection.
C.
If the reconnaissance inspection establishes that land not within the proposed permit area may be prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.
D.
If the reconnaissance inspection indicates that land within the proposed permit area may be prime farmland historically used for cropland, the applicant shall determine if a soil survey exists for those lands and whether soil mapping units in the proposed permit area have been designated as prime farmland.
E.
If a soil survey does not exist, the applicant shall have a soil survey made of the lands within the proposed permit area which the reconnaissance inspection indicates could be prime farmland. Soil surveys of the detail used by the U.S. Soil Conservation Service for operational conservation planning shall be used to identify and locate prime farmland.
F.
If the soil survey indicates that prime farmland soils are:
(1)
Not present within the proposed permit area, §C of this regulation shall apply; or
(2)
Present within the proposed permit area, §E of this regulation shall apply.
G.
If land within the proposed permit area is identified as prime farmland, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:
(1)
A soil survey of all prime farmland within the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in the U.S. Department of Agriculture (USDA) Handbook 436 (Soil Taxonomy, 1975), as amended on March 22, 1982 and October 5, 1982 and Handbook 18 (Soil Survey Manual, 1951, as amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981, and November 16, 1982). The U.S. Soil Conservation Service establishes the standards of the National Cooperative Soil Survey and maintains a National Soils Handbook which gives current acceptable procedures for conducting soil surveys. This National Soils Handbook is available for review at area and State SCS offices.
(2)
The soil survey shall include a map unit and representative soil profile description for each prime farmland soil within the permit area, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative descriptions from the locality, prepared in conjunction with the National Cooperative Soil Survey, may be used if their use is approved by the Bureau.
(3)
The regulatory authority may request the operator to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of COMAR 26.20.24.02.
(4)
The proposed method and type of equipment to be used for removal, storage, and replacement of the soil.
(5)
Identification of the procedures to be used to avoid excessive compaction during replacement of the soil.
(6)
The location of areas to be used for the separate stockpiling of the soil, and plans for soil stabilization before redistribution.
(7)
If applicable, documentation, such as agricultural school studies or other scientific data from comparable areas, that supports the use of other suitable material, instead of the “A”, “B”, or “C” soil horizon, to obtain equivalent or higher levels of yield on the restored area as on non-mined prime farmlands in the surrounding area under equivalent levels of management.
(8)
The conservation practices to be used, to adequately control erosion and sedimentation and restoration of an adequate soil moisture regime, during the period from completion of regrading until release of the performance bond. Proper adjustments for seasons shall be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions.
(9)
Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining.
(10)
Current estimated yields under a high level of management for each soil map unit from the USDA for each crop to be used in determining success of revegetation. These yield estimates shall be used by the Bureau as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Bureau in consultation with the USDA before approval of the permit application. In all cases, soil productivity for prime farmland shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to §G(1) and (2) of this regulation.
Editor's Note: The National Soils Handbook, which is incorporated by reference, can be found in State Soil Conservation Service offices located in each of the 23 counties of Maryland.
H.
Before any permit is issued for areas that include prime farmlands, the Bureau shall consult with the USDA, which shall provide for review and comment of the proposed methods of soil reconstruction in the plan submitted under §G of this regulation. If the USDA considers those methods to be inadequate, it shall suggest revisions resulting in more complete and adequate reconstruction. USDA responsibilities under this section are assigned to the Administrator of the U.S. Soil Conservation Service.
I.
A permit for the mining and reclamation of prime farmland will not be granted by the Bureau, unless it first finds the following, in writing, upon the basis of a complete application:
(1)
The approved proposed postmining land use of these prime farmlands will be cropland;
(2)
The permit incorporates, as specific conditions, the contents of the plan submitted under §G of this regulation, after consideration of any revisions to that plan suggested under §H of this regulation by the USDA;
(3)
The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and
(4)
The proposed operations will be conducted in compliance with the requirements of COMAR 26.20.24.02 for operations on prime farmland, and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the Regulatory Program;
(5)
The aggregate total prime farmland acreage may not be decreased from that which existed prior to mining;
(6)
Water bodies, if any, to be constructed during mining and reclamation operations shall be located within the postreclamation nonprime farmland portions of the permit area; and
(7)
The creation of any such water bodies shall be approved by the Bureau and the consent of all affected property owners within the permit area shall be obtained.
Regulation .06 Variances for Delay in Contemporaneous Reclamation Requirement in Combined Surface and Underground Mining Operations.LinkCopy Citation
A.
This regulation applies to any person who conducts or intends to conduct combined surface mining activities and underground mining activities, where contemporaneous reclamation is not practicable and a delay is requested to allow underground mining activities to be conducted before the reclamation operation for the surface mining activities can be completed. In general, delay in reclamation of surface mining activities will be permitted, if that delay will allow underground mining activities to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface land or waters.
B.
Any person who desires to obtain a variance under this regulation shall file with the Bureau complete applications for both the surface mining activities and underground mining activities which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps, and plans, which:
(1)
Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of coal;
(2)
Show how multiple future disturbances of surface lands or waters will be avoided;
(3)
Identify the specific surface areas for which a variance is sought and the particular section of the Regulatory Program from which a variance is being sought;
(4)
Show how the activities will comply with the requirements under COMAR 26.20.24.07 for concurrent surface and underground mining and other applicable requirements of the Regulatory Program;
(5)
Show why the variance sought is necessary for the implementation of the proposed underground mining activities;
(6)
Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of surface mining activities is delayed; and
(7)
Show how off-site storage of spoil will be conducted.
C.
The Bureau will not issue a permit incorporating a variance under this regulation unless it first finds, in writing, that:
(1)
The applicant has presented specific, feasible plans for the proposed underground mining activities;
(2)
The proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the mineral resources and will avoid multiple future disturbances of surface land or waters;
(3)
The applications for the surface mining activities and underground mining activities conform to the requirements of the Regulatory Program and all other permits necessary for the underground mining activities have been issued by the appropriate authority;
(4)
The area of surface mining activities proposed for the variance are necessary for implementing the proposed underground mining activities;
(5)
No substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of reclamation otherwise required by the Regulatory Program;
(6)
The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of COMAR 26.20.24.07 for concurrent surface and underground mining and the Regulatory Program;
(7)
Provisions for off-site storage of spoil will comply with the requirements of the Regulatory Program;
(8)
Liability under the performance bond required to be filed by the applicant shall be for the duration of the underground mining activities and until all requirements of the Regulatory Program have been complied with; and
(9)
The permit for the surface mining activities:
(a)
Delineates the particular surface areas for which a variance is authorized,
(b)
Identifies the particular requirements for concurrent surface and underground mining which are to be complied with instead of the otherwise applicable provisions of the Regulatory Program, and a detailed schedule for compliance with those particular requirements.
D.
Variances granted under this regulation shall be reviewed annually by the Bureau.
Regulation .07 Augering.LinkCopy Citation
A.
Any application for a permit for augering operations shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with the requirements of COMAR 26.20.24.01 for auger mining.
B.
A permit may not be issued for an augering operation unless the Bureau finds, in writing, that the operation:
(1)
Meets all other requirements of this subtitle; and
(2)
Will be conducted in compliance with COMAR 26.20.24.01.
Regulation .08 Coal Preparation Plants and Associated Facilities Not Located within the Permit Area of a Mine.LinkCopy Citation
A.
Regulations .08 and .09 of this chapter apply to any person who conducts or intends to conduct surface coal mining and reclamation operations using coal preparation plants and associated facilities not otherwise within a permit area of a mine.
B.
Any such person shall obtain a permit from the Bureau under the Regulatory Program in accordance with the requirements of this regulation.
C.
Any application for a permit for operations covered by this regulation and Regulation .09 of this chapter shall contain in the mining and reclamation plan, specific plans, including descriptions, maps, and cross sections of the construction, operation, maintenance, and removal of the preparation plants and associated facilities.
D.
The Bureau will not issue a permit for any operation covered by this regulation, unless it finds, in writing, that, in addition to meeting all other applicable application requirements, the operations will be conducted in compliance with the requirements of COMAR 26.20.24.05.
E.
A person may not operate a coal preparation plant within the State without first obtaining a permit from the Bureau and any other permits or approvals required by law, except that a person operating a coal preparation plant on the effective date of this regulation who was not previously regulated under the Regulatory Program may continue to conduct that operation until 8 months from the effective date of this regulation if an application for a permit has been made to the Bureau in accordance with §F of this regulation and Regulation .09 of this chapter.
F.
Except as provided in this regulation, on and after 8 months from the effective date of this regulation a person may not operate a coal preparation plant unless that person has first obtained a permit issued by the Bureau pursuant to the Regulatory Program, and that person complies with the terms and conditions of the permit and the requirements of the Regulatory Program. However, a person who is operating a coal preparation plant without a permit on the effective date of this regulation may continue to operate that plant after 8 months from the effective date of this regulation, if:
(1)
The plant was not regulated under the Regulatory Program before the effective date of this regulation;
(2)
A timely application has been made to the Bureau in accordance with the schedules in Regulation .09 of this chapter; and
(3)
The Bureau has not rendered a decision to issue or deny the permit.
Regulation .09 Schedules.LinkCopy Citation
A timely application pursuant to Regulation .08F of this chapter shall consist of filing of an application in accordance with the following schedules:
A.
Within 2 months of the effective date of this regulation the following shall be submitted to the Bureau:
(1)
Module I and Module II of the application for mining operations.
(2)
A map at a scale of 500 feet to the inch, or larger. The map shall identify:
(a)
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 1,000 feet of the permit area;
(b)
The boundaries of the proposed permit area upon which the applicant has the legal right to enter and conduct surface mining operations, and the boundaries of all existing contiguous permits;
(c)
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;
(d)
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;
(e)
Each public road located on or within 1,000 feet of the proposed permit area;
(f)
Each public or private cemetery or Indian burial ground located on or within 100 feet of the proposed permit area;
(g)
The 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 boundaries of any public park, forest or wildlife management area, the locations of any cultural or historic resources listed in the National Register of Historic Places, and the locations of any known archaeological sites within the permit area or adjacent areas;
(i)
The distance from the permit area to the nearest structure and to any structure, dwelling, or physical feature, or all of these, where mining is prohibited, unless a waiver or exemption is obtained;
(j)
The location of monitoring stations used to gather water quality and quantity data in preparation of the application.
B.
Within 4 months of the effective date of this regulation, the following shall be submitted to the Bureau:
(1)
Module III and Module IV of the application for mining operations;
(2)
A mining plan map; and
(3)
Other information required to complete an application under the Regulatory Program.
C.
The application shall be submitted in accordance with COMAR 26.20.04.
Regulation .10 In Situ Processing Activities.LinkCopy Citation
A.
This regulation applies to any person who conducts or intends to conduct surface coal mining and reclamation operations using in situ processing activities.
B.
Any application for a permit for operations covered by this regulation shall be made according to all requirements applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of COMAR 26.20.24.06, including:
(1)
Delineation of proposed holes and wells and production zone;
(2)
Specifications of drill holes and casings proposed to be used;
(3)
A plan for treatment, confinement, or disposal of all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and
(4)
Plans for monitoring surface and ground water and air quality.
C.
The Bureau will not issue a permit for operations covered by this regulation, unless it first finds, in writing, that the operation will be conducted in compliance with all application requirements relating to underground mining activities, the Regulatory Program performance standards for underground mining activities, and COMAR 26.20.24.06.
Chapter annotations
Authority: Environment Article, §15-503, Annotated Code of Maryland
History: Effective date:
History: Regulations .01 and .02—.10 were previously codified as COMAR 08.13.09.03 Introduction and A—I, 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: Chapter recodified from COMAR 08.20.03 to COMAR 26.20.03, June 1996
History: Regulation .05I amended effective July 8, 2002 (29:13 Md. R. 993)
History: Regulation .07 amended effective May 8, 2006 (33:9 Md. R. 797)