Coal extraction which is an incidental part of government-financed construction is exempt from all requirements of the Regulatory Program except the requirements of this chapter. In this chapter, the following terms have the meanings indicated. Terms Defined. Government-Financed Construction. “Government-financed construction” means construction funded 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds. Funding at less than 50 percent may qualify if the construction is undertaken as an approved reclamation project under Environment Article, Title 15, Subtitle 11, Annotated Code of Maryland, and 30 CFR Subchapter R. “Government-financed construction” does not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments. “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. Any person extracting coal incidental to government-financed highway or other construction shall maintain, on the site of the extraction operation and available for inspection, documents which show: 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. The government financing agency may be a federal, State, county, municipal, or local unit of government, or a department, bureau, agency, or office of the unit which, directly or through another unit of government, finances construction. When the Bureau is considering an abandoned mine land reclamation project as government-financed construction and the level of funding will be less than 50 percent of the total cost because of planned coal extraction, the Bureau shall determine the likelihood: 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. The determination under §A(3) of this regulation shall take into account available information, such as: 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. If the Bureau decides to proceed with the reclamation project after making the determinations under §A of this regulation, the Bureau shall: 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. The Bureau shall include documentation in the abandoned mine land project file for the: 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. For each abandoned mine land reclamation project to be approved under this regulation, the Bureau shall: 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. The Bureau shall require a reclamation contractor who extracts coal beyond the limits of the incidental coal specified in §C of this regulation to obtain a permit for the coal in accordance with Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland. Environment Article, §15-503, Annotated Code of Maryland Effective date: Regulations .01, .02, and .03 were previously codified as COMAR 08.13.09.12A, A(1) and (2), and B, 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 08.20.12 to COMAR 26.20.12, June 1996 Regulation .02 amended effective May 14, 2001 (28:9 Md. R. 890) Regulation .04 adopted effective May 14, 2001 (28:9 Md. R. 890)