Chapter 12. Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction

Government-Financed Construction.

“Extraction of coal incidental to government-financed construction” means the extraction of coal which is necessary to enable the construction to be accomplished. Only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line, or other similar constructions, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction is subject to the requirements of the Regulatory Program.

A description of the construction project;

The exact location of the construction, right-of-way, or the boundaries of the area which will be directly affected by the construction; and

The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.

That nearby or adjacent mining activities may create new environmental problems or adversely affect existing environmental problems at the site;

That reclamation activities at the site may adversely affect nearby or adjacent mining activities; and

Of the coal being mined under a permit issued in accordance with Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland.

Coal reserves from existing mine maps or other sources;

Existing environmental conditions;

All prior mining activity on or adjacent to the site;

Current and historic coal production in the area; and

Any known or anticipated interest in the mining site.

Determine the limits on any coal refuse, coal waste, or other coal products which may be extracted under this regulation; and

Delineate the boundaries of the abandoned mine land reclamation project.

Determinations made under §§A and C of this regulation;

Information taken into account in making the determinations; and

Names of the persons making the determinations.

Characterize the site in terms of mine drainage, active slides and slide prone areas, erosion and sedimentation, vegetation, toxic materials, and hydrologic balance;

Ensure that the reclamation project is conducted in accordance with the provisions of Environment Article, Title 15, Subtitle 11, Annotated Code of Maryland, and 30 CFR Subchapter R;

Develop specific-site reclamation requirements, including performance bonds, when appropriate, in accordance with State procedures; and

Require the contractor conducting the reclamation to provide, before the time the reclamation project begins, documents that clearly authorize the extraction of coal and payment of royalties.