A person may not conduct any prospecting without filing a written notice of intent to prospect with the Bureau at least 2 weeks before the beginning of any surface disturbance. A notice of intent to prospect shall be submitted in triplicate and contain the following information: The name, address, and telephone number of the person seeking to prospect. The name and address of all surface and mineral owners of the land on which prospecting is to be conducted. The name, address, and telephone number of the person who will be present at and responsible for conducting the prospecting activities. A description of the legal basis upon which the person who intends to prospect claims the right to enter and conduct prospecting operations, including reclamation, on the area. A description and map of the area to be prospected. The map shall be a U.S. Geological Survey 7.5 minute topographic survey map or equivalent map, and the scale of the map shall be as follows: If the prospecting involves only air or core drilling operations and does not cause substantial disturbance to the natural land surface the scale of the map shall be 2,000 feet to the inch or larger. The map shall show the following information: The proposed prospecting area and all access roads to the area; and The approximate location of all drill holes. If the prospecting involves the removal of the overburden to expose the coal seam or will cause substantial disturbance to the natural land surface or cause serious harm to water supply or water quality, the scale of the map shall be 500 feet to the inch or larger. The map shall show the following information: The boundaries of the property and the names of the surface and mineral owners of the tract or tracts; The name of the quadrangle, a north arrow, and the Maryland coordinates of the area to be prospected; The names of all receiving streams; The approximate location of the seam or seams to be prospected; and The number of acres to be disturbed and their approximate location, including all excavations and roads to be used or constructed to facilitate the prospecting. A copy of an approved county grading or sediment and erosion control permit, if applicable. A schedule indicating the estimated period of prospecting, including the anticipated dates of beginning and completion of prospecting. A description of the intended prospecting operations. A reclamation plan for the prospecting area. The reclamation plan shall include a plan for haul roads, sediment control, method of operation, casing or sealing wells, boreholes, or other underground opening, regrading, topsoil handling, and revegetation. If the Department determines, after review of the notice filed pursuant to this chapter, that the proposed prospecting operation is reasonably likely to cause substantial disturbance to the natural land surface or to cause serious harm to a water supply or water quality, the Bureau shall inform the person submitting the notice that the proposed prospecting operation may not begin before obtaining the written approval of the Bureau and submitting to the Bureau a prospecting bond in the amount specified under §B of this regulation. The amount of any prospecting bond required under §A of this regulation shall be $1,500 per acre of affected land, unless the Bureau determines in writing that conditions affecting reclamation costs at an operation require an amount greater than $1,500 per acre in order to assure that the estimated total cost of reclamation will be covered. The prospecting bond may be applied against the requirement for bonding a surface coal mining operation permit if a permit is obtained covering the prospecting area. If an open-pit mining permit is not obtained on the area, the bond shall be released, upon casing, or sealing of all drill holes, and satisfactory regrading and establishment of a permanent diverse species vegetative cover on all disturbed areas. The Bureau may not give written approval to any prospecting operation proposed to be conducted or controlled by a person who has failed to reclaim any other prospecting or surface coal mining operation in accordance with the reclamation requirements applicable to that operation. The following requirements shall apply to all prospecting operations: A maximum of 200 tons of coal may be removed from any prospecting area; Each prospect pit opening may not be more than 1 acre in size and shall be backfilled, seeded, and mulched within 30 days after it is opened; A maximum of 10 acres may be affected under a notice of intent to prospect or prospecting approval; and A notice of intent to prospect or prospecting approval shall be valid for 1 year from its date of filing or issue. Prospecting Performance Standards. Habitats of unique value for fish, wildlife, and other related environmental values shall be identified in the notice of intent to prospect and protected during the prospecting activities, in accordance with COMAR 26.20.23.02. Roads. Vehicle travel on other than established graded and surfaced roads shall be limited by the person who conducts prospecting to that absolutely necessary to conduct the prospecting. Travel shall be confined to graded and surfaced roads during periods when excessive damage to vegetation or rutting of the land surface could result. All roads shall be used, improved, or constructed in a manner which does not contribute additional suspended solids to stream flow or runoff and prevents damage to private or public property. If possible, existing roads should be used for prospecting. Promptly after prospecting activities are completed, all roads constructed during prospecting shall be reclaimed by regrading to the approximate original contour, and seeded and mulched, or to a condition equal to or better than their pre-prospecting condition. If a road is to remain after prospecting activities, the construction, maintenance, and stabilization of the road shall comply with the provisions of COMAR 26.20.19. Blasting is prohibited on prospecting operations unless specifically approved by the Bureau. All blasting shall be conducted in accordance with COMAR 26.20.22. All areas disturbed during a prospecting operation shall be returned to the approximate original contour promptly after these areas are no longer needed for prospecting. Toxic-forming or acid-forming materials shall be handled and disposed of in accordance with the Regulatory Program. Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation as required by the Bureau in accordance with the Regulatory Program. Revegetation of areas disturbed by prospecting shall be performed by the person who conducts the prospecting, or by that person's agent, in accordance with the revegetation standards of the Regulatory Program. Except for small and temporary diversions of overland flow of water around new roads, drill pads, and support facilities, an ephemeral, intermittent, or perennial stream may not be diverted during coal prospecting activities. Overland flow of water shall be diverted in a manner that: Prevents erosion; Prevents, to the extent possible and using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the prospecting area; and Complies with all other applicable State or federal requirements. Each prospecting hole, borehole, well, or other exposed underground opening created during prospecting shall meet the requirements of the Regulatory Program. All facilities and equipment shall be removed from the prospecting area promptly when they are no longer needed, except for those facilities and equipment that the Bureau determines may remain to: Provide additional environmental quality data; Reduce or control the on-site and off-site effects of the prospecting activities; or Facilitate future surface mining and reclamation operations by the person conducting the prospecting under an approved open-pit mining permit. Prospecting shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance and may include sediment control measures such as those required in the Regulatory Program. Except as provided in §B of this regulation, all information submitted to the regulatory authority under this chapter shall be made available for public inspection and copying at the local offices of the regulatory authority closest to the exploration area. The regulatory authority may not make information available for public inspection, if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the regulatory authority determines that the information is confidential. The regulatory authority shall determine that information is confidential if it concerns trade secrets or is privileged commercial or financial information which relates to the competitive rights of the person intending to conduct coal exploration. Information requested to be held as confidential under this regulation may not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information. All operators conducting prospecting activities shall have a copy of the notice of intent to prospect or prospecting approval available at or near the prospecting area or areas for review by the Bureau upon request. Environment Article, §§15-503, Annotated Code of Maryland Effective date: Regulations .01, .02, and .03—.06 were previously codified as COMAR 08.13.09.07A and B, C—E, and F—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. Chapter recodified from COMAR 08.20.08 to COMAR 26.20.08, June 1996