# COMAR Title 26 — Department of the Environment

## Subtitle 20 — Surface Coal Mining and Reclamation Under Federally Approved Program

### Chapter 09 — Open-Pit Mining on State-Owned Land

**Authority:** Environment Article, §§15-503, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01, .02, and .03 were previously codified as COMAR 08.13.09.09A; B, C, D, F; and E, G, H, 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.

**Administrative History:** Chapter recodified from COMAR 08.20.09 to COMAR 26.20.09, June 1996

#### Regulation .01 General Policy.

*COMAR 26.20.09.01*

When mining is not otherwise prohibited by statute or regulation, all open-pit mining operations on land owned by the State, whether or not the ownership includes mineral rights incident to the land, shall comply with the requirements of this subtitle. This includes provisions relating to permit applications, bonding and insurance, as well as all performance and reclamation standards. In addition, the following regulations set out special requirements applicable to open-pit mining and reclamation operations on land owned by the State. Open-pit mining on State-owned land is permitted only:

A. To the extent that it will directly promote the proper reclamation of abandoned surface or deep mines; or

B. In the case of public construction activities, to the extent that mining will accomplish the construction project or avoid, eliminate, or reduce adverse environmental impacts and hazardous conditions associated with construction projects such as water pollution, subsidence, and landslides.

#### Regulation .02 Permits.

*COMAR 26.20.09.02*

A. Applicants for permits to mine on State-owned land shall comply with the permit application requirements of this subtitle as specified in COMAR 26.20.02 and, if applicable, COMAR 26.20.03. The Bureau of Mines shall process the application as provided by COMAR 26.20.04 except that the Bureau shall also forward a copy of the application to the agency responsible for management of the area to be affected by mining. The copy of the application that is sent to the management agency shall be instead of any notification that would otherwise be sent to that agency under COMAR 26.20.04. The management agency shall evaluate the application and prepare an analysis of the impact of the proposed mining on the current and future use of the area and on State policies and objectives applicable to the area. The management agency shall forward its recommendations to the Bureau.

B. Any permit for open-pit mining on State-owned land is subject to the approval of the Board of Public Works.

C. Permits may not be issued for open-pit mining in conjunction with the reclamation of abandoned open-pit mines unless:

  (1) The disturbed area of the abandoned open-pit mine is at least 2 acres; and

  (2) One or more of the following conditions exist which will be wholly or partially corrected by the proposed mining:

    (a) Active soil erosion,

    (b) Water pollution,

    (c) Highwalls more than 10 feet high, or

    (d) Potential landslide areas.

D. Permits may not be issued for open-pit mining in conjunction with the reclamation of an abandoned deep mine unless one or more of the following conditions exist which will be wholly or partially corrected by the proposed mining:

  (1) Gob piles or spoil materials in excess of 1 acre;

  (2) Subsidence damage;

  (3) Water pollution; or

  (4) Underground fire.

#### Regulation .03 Disturbed Areas.

*COMAR 26.20.09.03*

A. The area to be disturbed by open-pit mining in conjunction with the reclamation of an abandoned open-pit mine shall be limited to that area necessary to blend the abandoned mine with the surrounding adjacent topography. This area may not exceed the disturbed area of the abandoned mine, including the pit and spoil areas, plus:

  (1) The area within a distance of 400 feet perpendicular to the abandoned mine highwall;

  (2) The area within a distance of 200 feet lateral to the ends of the abandoned mine highwall; and

  (3) The minimal area necessary to stockpile topsoil and overburden during mining activities and to gain access to the site as determined by the Bureau.

B. The area to be disturbed by open-pit mining in conjunction with the reclamation of an abandoned deep mine shall be limited to the surface area above the abandoned mine plus:

  (1) The area within 200 feet of the perimeter of the abandoned deep mine;

  (2) The minimal area required to gain access to the site;

  (3) The minimal area required to blend gob piles and spoil materials into the surrounding undisturbed topography.

C. The area to be disturbed by open-pit mining in conjunction with public construction activities shall be limited to:

  (1) The area which would be disturbed by the construction project in the absence of any open-pit mining; and

  (2) Additional areas necessary to avoid or mitigate adverse environmental impacts and hazardous conditions caused by or affecting the construction project such as water pollution, subsidence, and landslides.