In this chapter, the following terms have the meanings indicated. Terms Defined. “Fragile lands” means geographic areas containing natural, ecologic, scientific, or esthetic resources that could be damaged or destroyed by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, National Natural Landmark sites, areas where mining may cause flooding, environmental corridors containing a concentration of ecologic and esthetic features, areas of recreational value due to high environmental quality, and buffer zones adjacent to the boundaries of areas where surface coal mining operations are prohibited under COMAR 26.20.10. “Historic lands” means historic or cultural districts, places, structures, or objects, including archeological and paleontological sites, National Historic Landmark sites, sites listed on or eligible for listing on a State or national register of historic places, sites having religious or cultural significance to Native Americans or religious groups or sites for which historic designation is pending. “Natural hazard lands” means geographic areas in which natural conditions exist that pose or, as a result of surface coal mining operations, may pose, a threat to the health, safety, or welfare of people, property, or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology. “Substantial legal and financial commitments in a surface coal mining operation” means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities, and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development before production. Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments. A person having an interest which is or may be adversely affected has the right to petition the Bureau to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this chapter, a person having an interest which is or may be adversely affected shall demonstrate how the person: Meets an “injury in fact” test by describing the injury to the person's specifically affected interests; and Is among the injured. The Bureau shall determine what information shall be provided by the petitioner to: Have an area designated as unsuitable for surface coal mining operations; or Terminate an existing designation. At a minimum, a complete petition for designation shall include: The petitioner's name, address, telephone number, and notarized signature; Identification of the petitioned areas, including the area's location and size, and a U.S. Geological Survey 7.5 minute topographic map outlining the perimeter of the petitioned area; An identification of the petitioner's interest which is or may be adversely affected by surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of Regulation .02 of this chapter; A description of how mining of the area has affected or may adversely affect people, land, air, water, or other resources, including the petitioner's interests; and Allegations of fact and supporting evidence, covering all lands in the petition area, which establish that the area is unsuitable for all or certain types of surface coal mining operations under specific criteria of Regulation .04 of this chapter, assuming that contemporary mining practices required under the Regulatory Program would be followed if the area were to be mined. Each of the allegations of fact under §B of this regulation should be specific as to the portion of the petitioned area and petitioner's interests to which the allegation applies, and be supported by evidence that tends to establish the validity of the allegations for the portion of the petitioned areas. The Bureau may request that the petitioner provide other supplementary information which is readily available. At a minimum, a complete petition for termination shall include: The petitioner's name, address, telephone number, and notarized signature; Identification of the petitioned area, including its location and size, and a U.S. Geological Survey 7.5 minute topographic map outlining the perimeter of the petitioned area to which the termination petition applies; An identification of the petitioner's interest which is or may be adversely affected by the designation that the area is unsuitable for surface coal mining operations including a statement demonstrating how the petitioner satisfies the requirements of Regulation .02 of this chapter; and Allegations of facts covering all lands for which the termination is proposed. Each of the allegations of fact under §E(4) of this regulation shall be specific as to the portions of the petitioned area and petitioner's interests to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the portion of the petitioned area. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence shall be presented in the petition. Allegations and supporting evidence should also be specific to the basis for which the designation was made and tend to establish that the designation should be terminated. The Bureau may request that the petitioners provide other supplementary information which is readily available. Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations if the Bureau determines that reclamation is not technologically and economically feasible under the Regulatory Program. Upon petition an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will: Be incompatible with existing State or local land use plans or programs; Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems; Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or Affect natural hazard lands in which the operations could substantially endanger life and property, these lands to include areas subject to frequent flooding and areas of unsuitable geology. The requirements of this chapter do not apply to: Lands on which surface coal mining operations were being conducted on August 3, 1977; Lands covered by a permit issued under the Interim Regulatory Program or the Regulatory Program; or Lands where substantial legal and financial commitments in surface coal mining operations were in existence before January 4, 1977. Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to this chapter does not prohibit coal prospecting in the area, if conducted in accordance with the Regulatory Program, and other applicable requirements. Prospecting on any lands designated unsuitable for surface coal mining operations must be approved by the Bureau to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining. Within 30 days of receipt of a petition, the Bureau shall notify the petitioner by certified mail as to whether the petition is complete. For the purpose of this regulation, “complete” means that all of the information required under Regulation .03A or B of this chapter has been provided. If the Bureau determines that the petition is incomplete or frivolous, or that the petitioner does not have an interest which is or may be adversely affected, the Bureau shall return the petition to the petitioner together with a written statement of the reasons for the determination and the categories of information needed to complete the petition. The Bureau shall determine whether any identified coal deposits exist in the area covered by the petition, without requiring any showing from the petitioner. If the Bureau finds that there are not any identified coal deposits in that area, the Bureau shall return the petition to the petitioner with a statement of the findings. The Bureau may reject petitions for designations or terminations of designations which are frivolous. A frivolous petition is one in which the allegations of harm lack serious merit. When considering a petition for an area which was previously but unsuccessfully proposed for designation, the Bureau shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain the material, the Bureau may not consider the petition and shall return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered. The Bureau shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition. Any petitions received on a permit application after the first newspaper notice in the applicant's newspaper advertisement under COMAR 26.20.04.03 do not prevent the Bureau from issuing a decision on that permit application. The Bureau may return any petition received thereafter to the petitioner with a statement why the Bureau cannot consider the petition. After a petition is received, the Bureau shall notify the general public of the receipt of the petition by advertising in a local newspaper providing broadest circulation in the area covered by the petition in the region of the petitioned area, and in the Maryland Register. The Bureau shall: Make copies of the petition available to the public; and Provide copies of the petition to: Other interested government agencies; Intervenors; Persons with an ownership interest of record in the property; and Other persons known to the Bureau to have an interest in the property. Promptly after the determination that a petition is complete, the Bureau shall request submissions from the general public of relevant information: By a newspaper advertisement placed once a week for 2 consecutive weeks in the location of the area covered by the petition; In the newspaper providing broadest circulation in the region of the petitioned area; and In the Maryland Register. Until 3 days before the Bureau holds a hearing under §L of this regulation, any person may intervene in the proceeding by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address, and telephone number. Beginning immediately after a complete petition is filed, the Bureau shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Bureau. The Bureau shall make the record available for public inspection during all normal business hours at the main office of the Bureau. Copying will be permitted at the Bureau at the normal rate per page. The Bureau shall also maintain information at or near the area in which the petitioned land is located and make this information available to the public for inspection and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition. Legislative and Fact-Finding Hearing. Within 10 months after receipt of a complete petition, the Bureau shall hold a public hearing in the locality of the area covered by the petition, unless all petitioners and intervenors agree that the hearing need not be held. The hearing shall be legislative and fact-finding in nature. The Bureau may subpoena witnesses as necessary. The hearing may be conducted with cross-examination of expert witnesses only. A record of the hearing shall be made and preserved. A person does not bear the burden of proof or persuasion. All relevant parts of the data base and inventory system and all public comments received during the public comment period shall be included in the record and considered by the Bureau in its decision on the petition. The Bureau shall give notice of the date, time, and location of the hearing to: Local, State, and federal agencies that may have an interest in the decision on the petition; The petitioner and the intervenors; and Any persons with an ownership or other interest known to the Bureau in the area covered by the petition. Notice of the hearing shall be sent by certified mail and postmarked not less than 30 days before the scheduled date of the hearing. The Bureau shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks in the locale of the area covered by the petition, and once during the week before the scheduled date of the public hearing. The consecutive weekly advertisement shall begin between 4 and 5 weeks before the scheduled date of the public hearing. The Bureau may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale. Before designating any land areas as unsuitable for surface coal mining operations, the Bureau shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of this designation on the environment, the economy, and the supply of coal. If all petitioners and intervenors stipulate agreement before the hearing, the petition may be withdrawn from consideration. In reaching its decision on a petition, the Bureau shall use: The information contained in the data base and inventory system; Information provided by other governmental agencies; The detailed statement prepared under Regulation .07M of this chapter; and Any other relevant information submitted during the comment period. A final written decision shall be issued by the Bureau, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The Bureau shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding. The decision of the Bureau with respect to a petition, or the failure of the Bureau to act within the time limits set forth in this regulation, shall be a final action of the Department subject to judicial review. The Bureau shall develop a data base and inventory system to assist in evaluation of petitions under this chapter. The Bureau shall include in the system information relevant to the criteria in Regulation .04 of this chapter, including but not limited to information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the agency administering §127 of the Clean Air Act, as amended (42 U.S.C. §7470 et seq.). The Bureau shall add to the data base and inventory system information on potential coal resources of the State, demand for those resources, the environment, the economy, and the supply of coal, sufficient to enable the Bureau to prepare the statements required by Regulation .07M of this chapter. The Bureau also shall add to the data base and inventory system information that becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources. The Bureau shall: Make the information and data base system developed under Regulation .09 of this chapter available to the public for inspection free of charge and for copying at reasonable cost; Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used; Maintain maps of areas designated as unsuitable for all or certain types of surface coal mining operations; Make available to any person any information within its control regarding designations, including mineral or elemental content which is potentially toxic in the environment, except proprietary information on the chemical and physical properties of the coal. Environment Article, §15-503, Annotated Code of Maryland Effective date: Regulations .01—.10 were previously codified as COMAR 08.13.09.11A—J, 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 08.20.11 to COMAR 26.20.11, June 1996