Chapter 16. Small Operators Assistance Program
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Monitoring” means the collection of environmental data by either continuous or periodic sampling methods.
(2)
“Probable cumulative impact” means the expected total qualitative and quantitative direct and indirect effects of mining and reclamation activities on the hydrologic regime.
(3)
“Probable hydrologic consequence” mean the projected result of proposed surface coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water; the surface or ground water flow, timing and pattern; the stream channel conditions; and the aquatic habitat on the permit area and other affected areas.
(4)
“Qualified laboratory” means a designated public agency, private consulting firm, or analytical laboratory which can provide the required determination or statement under Regulation .06 of this chapter.
Regulation .02 Program Services.LinkCopy Citation
A.
For eligible operators who request assistance, to the extent possible with available funds, the Department shall select and pay a qualified laboratory or other qualified entity to provide the following services:
(1)
The determination of the probable hydrologic consequences of the surface mining and reclamation operation in the proposed permit area and adjacent areas, including the engineering and designs necessary for the determination in accordance with COMAR 08.20.02.08;
(2)
The drilling and statement of the results of test borings or core samplings for the proposed permit area in accordance with COMAR 08.20.02.07;
(3)
The development of cross-sectional maps and plans required by COMAR 08.20.02.11;
(4)
The collection of archeological and historic information and related plans required by COMAR 08.20.02.05 and any other archeological and historic information required by the Department;
(5)
Pre-blast surveys required by COMAR 08.20.22.02;
(6)
The collection of site-specific resources information for fish and wildlife and other environmental values required by COMAR 08.20.02.09; and
(7)
The production of protection and enhancement plans for fish and wildlife habitats required by COMAR 08.20.02.13H and other environmental values required by COMAR 08.20.02.09.
B.
The information provided shall be limited to that required to relate the basin or subbasin hydrology to the hydrology of the proposed permit area.
Regulation .03 Eligibility for Assistance.LinkCopy Citation
A.
An applicant is eligible for assistance if the applicant:
(1)
Intends to apply for a permit;
(2)
Establishes that the probable attributed annual production from all locations on which the operator is issued a surface coal mining and reclamation permit does not exceed 300,000 tons;
(3)
Is not restricted in any manner from receiving a permit under the permanent Regulatory Program; and
(4)
Does not organize or reorganize a company solely for the purpose of obtaining assistance under the Small Operators Assistance Program (SOAP).
B.
Production from the following operations shall be attributed to the applicant:
(1)
The pro rata share, based upon percentage of ownership of the applicant, of coal produced by operations in which the applicant owns more than a 10 percent interest;
(2)
The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than 10 percent of the applicant's operation;
(3)
All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;
(4)
All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them.
Regulation .04 Filing for Assistance.LinkCopy Citation
Each application for assistance under the Small Operators Assistance Program shall contain, at a minimum:
A.
A statement of intent to file a permit application.
B.
The names and addresses of the potential permit applicant, and of the potential operator if different from the applicant.
C.
A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant. The schedule shall include for each location:
(1)
The name under which coal is or will be mined;
(2)
The permit number and Mining Enforcement and Safety Administration identification number;
(3)
The actual coal production for the year preceding the application for assistance and that portion of the production attributed to the applicant; and
(4)
The estimated coal production for each year of the proposed permit and that portion attributed to the applicant.
D.
A description of:
(1)
The method of surface coal mining operation proposed;
(2)
The anticipated starting and termination dates of mining operations;
(3)
The number of acres of land to be affected by the proposed mining; and
(4)
A general statement on the probable depth and thickness of the coal resource, including a statement of reserves in the permit area and the method by which they were calculated.
E.
A U.S. Geological Survey topographic map of 1:24,000 scale or larger or other topographic map of equivalent detail which clearly shows:
(1)
The area of land to be affected and the natural drainage above and below the affected area;
(2)
The names of property owners within the area to be affected and of adjacent lands;
(3)
The location of existing structures and developed water sources within the area to be affected and on adjacent lands;
(4)
The location of existing and proposed test boring or core samplings; and
(5)
The location and extent of known working of any underground mines.
F.
Copies of documents which show that:
(1)
The applicant has a legal right to enter and commence mining within the permit area; and
(2)
A legal right of entry has been obtained for the U.S. Office of Surface Mining, the Bureau, and laboratory personnel to inspect the lands to be mined and adjacent lands which may be affected to collect environmental data or install necessary instruments.
Regulation .05 Application Approval and Notice.LinkCopy Citation
A.
If the Bureau finds the applicant eligible, and it does not have information readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, it shall:
(1)
Determine the minimum data requirements necessary to meet the requirements of Regulation .06 of this chapter; and
(2)
Select the services of one or more qualified laboratories to perform the required work. A copy of the contract or other appropriate work order and the final approved report shall be provided to the applicant.
B.
The Bureau shall inform the applicant in writing if the application is denied and shall state the reasons for denial.
C.
The granting of assistance under this chapter may not be a factor in decisions by the Bureau on a subsequent permit application.
Regulation .06 Data Requirements.LinkCopy Citation
A.
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:
(1)
The extent of hydrologic and core analysis data for the applicable area currently available to the Bureau; and
(2)
The data collection and analysis guidelines developed and provided by the U.S. Office of Surface Mining.
B.
Specific Provisions.
(1)
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:
(a)
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.
(b)
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.
(2)
A statement of the result of test borings or core samplings from the proposed permit area, including:
(a)
Logs from any drill holes including identification of each stratum and water level penetrated;
(b)
The coal seam thickness and its chemical analysis including sulfur content;
(c)
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.
C.
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.
D.
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.
Regulation .07 Qualified Laboratories.LinkCopy Citation
A.
The Bureau shall establish and maintain at its office a list of qualified laboratories which may be used to provide the required determination or statement under this program.
B.
Inclusion in the List of Qualified Laboratories.
(1)
Persons who desire to be included in the list of qualified laboratories established by the Bureau shall apply to the Bureau and provide the information necessary to establish the required qualifications.
(2)
Basic Qualifications. To qualify for designation, the laboratory shall demonstrate that it:
(a)
Is staffed with experienced, professional personnel in the fields of hydrology, mining engineering, aquatic biology, geology, or chemistry applicable to the work to be performed;
(b)
Is capable of collecting necessary field data and samples;
(c)
Has adequate space for material preparation, cleaning and sterilizing necessary equipment, stationary equipment, storage, and space to accommodate periods of peak work loads;
(d)
Meets the requirements of the State safety and health program;
(e)
Has the financial capability and business organization to perform the work required;
(f)
Has analytical, monitoring, and measuring equipment capable of meeting the applicable standards and methods contained in “Standard Methods for the Examination of Water and Waste Water”, 14th Edition, 1975, or “Methods for Chemical Analysis of Water and Wastes”, 1974;
(g)
Has the capability of making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic engineering or analytical methods, or by those appropriate methods or guidelines for data acquisition recommended by the Bureau.
C.
The qualified laboratory shall be capable of performing either the determination or statement. Subcontractors may be used to provide the services required provided their use is defined in the application for designation and approved by the Bureau.
Regulation .08 Applicant Liability.LinkCopy Citation
A.
The applicant shall reimburse the Bureau for the cost of the services performed pursuant to this chapter if the applicant:
(1)
Submits false information;
(2)
Fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report;
(3)
Fails to mine after obtaining a permit;
(4)
Is determined by the Bureau to have an actual and attributed annual production of coal exceeding 300,000 tons for all locations during the 12 months immediately following the date on which the operator is issued the permit;
(5)
Sells, transfers, or assigns the permit to another person and the transferee's total actual and attributed production exceeds 300,000 tons during the 12 months immediately following the date on which the permit was originally issued.
B.
Under §A(5) of this regulation the applicant and its successor are jointly and severally obligated to reimburse the Bureau.
C.
The Bureau may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.
Chapter annotations
Authority: Environment Article, §15-503, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.08 were previously codified as COMAR 08.13.09.17A—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.
History: Chapter recodified from COMAR 08.20.16 to COMAR 26.20.16, June 1996
History: Regulation .02A amended effective September 23, 1996 (23:19 Md. R. 1378)
History: Regulation .03 amended effective September 23, 1996 (23:19 Md. R. 1378)
History: Regulation .08 amended effective September 23, 1996 (23:19 Md. R. 1378)