A permit application or application for a significant revision of a permit may not be approved unless the application affirmatively demonstrates and the Bureau finds, in writing, on the basis of information set forth in the application, or information otherwise available and documented in the approval under COMAR 26.20.04.11A, the following: The permit application is complete and accurate and the applicant has complied with all requirements of the Regulatory Program; The applicant has demonstrated that reclamation operations as required by the Regulatory Program can be feasibly accomplished under the reclamation plan contained in the application; The Bureau has made an assessment of the probable cumulative impacts of all anticipated coal mining in the cumulative impact area on the hydrologic balance and has determined that the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area; The proposed permit area is: Not included within an area designated unsuitable, or an area where surface coal mining is prohibited under the federal or State Regulatory Program, Not within an area under study for designation as unsuitable for surface coal mining operations, in an administrative proceeding that has been initiated under COMAR 26.20.11, unless the applicant demonstrates that, before January 4, 1977, substantial legal and financial commitments were made in relation to the proposed operation, and Not within an area where surface coal mining is limited under COMAR 26.20.10 unless prerequisites for Bureau approval have been satisfied; The proposed operations will not adversely affect any publicly owned parks, or places included in the National Register of Historic Places, unless approved by the appropriate jurisdictional agency; The applicant has demonstrated that any existing structure will comply with the requirements of COMAR 26.20.17; The applicant has submitted documentation establishing a legal right to enter and conduct the proposed surface mining activities; The applicant has paid all federal and State reclamation fees; The applicant has satisfied the applicable requirements of COMAR 26.20.03; The applicant has, if applicable, satisfied the requirements for approval of a long-term intensive agricultural postmining land use, in accordance with COMAR 26.20.29.01D; and The activities would not affect the continued existence of endangered or threatened species, or result in the destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act. A permit shall be issued for a fixed term not to exceed 5 years, unless the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing. A permit shall terminate if the permittee has not begun the surface coal mining and reclamation covered by the permit within 3 years of the issuance of the permit. The Bureau may grant reasonable extensions of time for commencement of operations, upon receipt of a written statement showing that these extensions of time are necessary, due to litigation which precludes the commencement or threatens substantial economic loss to the permittee or other conditions beyond the control and without the fault or negligence of the permittee. With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time construction of the facility is initiated. Extensions of time granted by the Bureau under this section shall be specifically set forth in the permit and notice of the extension shall be made to the public. Each permit shall contain the following express terms and conditions: The permittee shall conduct all activities under the permit in accordance with the description contained in the application, and only on those lands specifically designated in the permit and which are subject to the performance bond or other equivalent guarantee. The permittee shall allow the authorized representatives of the Bureau and the federal Office of Surface Mining, without advance notice or search warrant, at reasonable times, upon presentation of appropriate credentials, and without delay, to enter and inspect any monitoring equipment or method of exploration or operation, to have access to and copy any records required under the Regulatory Program or the permit, and to be accompanied by private persons for the purpose of conducting an inspection when the inspection is in response to an alleged violation reported by the private person. The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including but not limited to: Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of noncompliance; Immediate implementation of measures necessary to comply; and Warning, as soon as possible after learning of the noncompliance, any person whose health and safety is in imminent danger due to the noncompliance. The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by the Regulatory Program, and which prevents violation of any other applicable State and federal law. The permittee shall conduct its operations: In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health or safety of the public; and Using any methods specified in the permit in the course of approving alternative methods of compliance with the performance standards of the Regulatory Program, in accordance with the provisions of the Regulatory Program. The permittee shall submit a written notice to the Bureau whenever a temporary cessation of mining activities occurs for more than 30 days, or as soon as it is known that a temporary cessation will extend beyond 6 months. This notice shall include a statement of the exact number of acres which will have been affected in the permit area before the temporary cessation; the extent and kind of reclamation of those areas which will have been accomplished; and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities which will continue during the temporary cessation. If operations are permanently terminated, the permittee shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with the permit approved by the Bureau. All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the Bureau as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed. The permittee shall ensure the right of the Bureau to enter on and inspect, without a warrant or advance notice, any area outside of the permit area where monitoring, record keeping, or other activity related to the permit is taking place. Within 30 days after a cessation order is issued for a violation which creates an imminent danger to the health or safety of the public, or causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, or for failure to abate a violation within the time limits set in the order for operations conducted under the permit, except when a stay of the cessation order is granted and remains in effect, the permittee shall either notify the Bureau in writing that there has been no change since the immediately preceding submittal of this information, or submit to the Bureau, current to the date the cessation order was issued, the following information: Any new information needed to correct or update the information previously submitted to the Bureau under COMAR 26.20.02.03D, including the date of departure from the position, if applicable; or If not previously submitted, the information required from a permit applicant under COMAR 26.20.02.03D. The permittee shall pay all reclamation fees as required by the federal Office of Surface Mining, for coal produced under the permit for sale, transfer, or use. The permittee shall pay all fees and mine reclamation surcharges as required by Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland. If the Bureau has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in §B of this regulation. If the Bureau finds that the permit was improvidently issued, it shall comply with §C of this regulation. The Bureau shall find that a surface coal mining and reclamation permit was improvidently issued if: Under the violations review criteria of the Regulatory Program at the time the permit was issued, the: Bureau should not have issued the permit because of an unabated violation or a delinquent penalty or fee, or Permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued; The violation, penalty, or fee: Remains unabated or delinquent, and Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and When the permittee was linked to the violation, penalty, or fee, through ownership or control, under the violations review criteria of the Regulatory Program at the time the permit was issued: An ownership or control link between the permittee and the person responsible for the violation, penalty, or fee still exists, or If the link was severed, the permittee continues to be responsible for the violation, penalty, or fee. If the Bureau, under §B of this regulation, finds that a permit was improvidently issued, the Bureau shall use one or more of the following remedial measures: Implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee; Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee; Suspend the permit until the violation is abated or the penalty or fee is paid; or Rescind the permit under Regulation .05 of this chapter. If the Bureau, under Regulation .04C(4) of this chapter, elects to rescind an improvidently issued permit, the Bureau shall serve on the permittee a notice of proposed suspension and rescission which includes the reasons for the finding under Regulation .04B of this chapter and states that: After a specified period of time not to exceed 90 days the permit automatically will be suspended, and, not to exceed 90 days after that, will be rescinded, unless within those periods the permittee submits proof and the Bureau finds that: The finding of the Bureau was erroneous. The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency, The violation, penalty, or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency, or Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and will not continue to be responsible for, the violation, penalty, or fee; After permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the Bureau; and The permittee may file an appeal for administrative review of the notice in accordance with COMAR 26.20.06. Environment Article, §15-503, Annotated Code of Maryland Effective date: Regulations .01, .02A, B, and .03—.05 were previously codified as COMAR 08.13.09.05A, B, C, and D—F, 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. Regulation .01 amended effective March 14, 1994 (21:5 Md. R. 403) Regulation .03J, K adopted effective March 14, 1994 (21:5 Md. R. 403) Chapter recodified from COMAR 08.20.05 to COMAR 26.20.05, June 1996 Regulation .01 amended effective May 8, 2006 (33:9 Md. R. 797)