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<regulation prefix="Regulation" num=".06" citation="COMAR 26.20.16.06" title_num="26" subtitle_num="20" chapter_num="16" heading="Data Requirements.">
  <paragraph num="A.">
    <text>General. This regulation describes the minimum requirements for the collection of data to meet the objective of the Small Operators Assistance Program. The Bureau shall determine the data collection requirements for each applicant or group of applicants. Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the operator. The data requirements will be based on:</text>
    <paragraph num="(1)">
      <text>The extent of hydrologic and core analysis data for the applicable area currently available to the Bureau; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The data collection and analysis guidelines developed and provided by the U.S. Office of Surface Mining.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Specific Provisions.</text>
    <paragraph num="(1)">
      <text>A determination of the probable hydrologic consequences of the mining and reclamation operations, both on-site and off-site, shall be made by a qualified laboratory. The data for this determination shall include:</text>
      <paragraph num="(a)">
        <text>The existing and projected surface and ground water seasonal flow regime, including water level and water table evaluations. The Bureau shall specify duration and return frequencies to be used in the determination.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The existing and projected seasonal quality of the surface and ground water regime. This shall include measurements and estimates of dissolved and suspended solids, pH, iron, manganese, surface and channel erosion and other water quality parameters as specified by the Bureau.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A statement of the result of test borings or core samplings from the proposed permit area, including:</text>
      <paragraph num="(a)">
        <text>Logs from any drill holes including identification of each stratum and water level penetrated;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The coal seam thickness and its chemical analysis including sulfur content;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The chemical analysis of potentially acid-forming or toxic-forming sections of the overburden, and the chemical analysis of the stratum lying immediately underneath the coal to be mined.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Exemptions. The statement by a qualified laboratory of the result of test borings or core samplings may be waived by the Bureau by a written determination that these requirements are unnecessary with respect to the specific permit application.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Data availability. Data collected under this program shall be made available to all interested persons, except information related to the chemical and physical properties of coal. Information regarding the mineral or elemental content of the coal which is potentially toxic in the environment shall be made available.</text>
  </paragraph>
</regulation>