# COMAR Title 26 — Department of the Environment

## Subtitle 20 — Surface Coal Mining and Reclamation Under Federally Approved Program

### Chapter 20 — Hydrologic Balance

#### Regulation .03 Protection of Streams.

*COMAR 26.20.20.03*

A. Land within 100 feet of a perennial stream or an intermittent stream may not be disturbed by surface mining activities unless the Bureau specifically authorizes surface mining activities closer to or through such a stream.

B. The Bureau may authorize the surface mining activities closer to or through a stream upon finding that:

  (1) The activities will not cause or contribute to the violation of applicable State or federal water quality standards;

  (2) The activities will not adversely affect the water quantity and quality or other environmental resources of the stream; and

  (3) If there will be a temporary or permanent stream-channel diversion, the stream-channel diversion will comply with COMAR 26.20.21.04.