Backfilled materials shall be placed so as to: Minimize contamination of ground water systems with acid, toxic, or otherwise harmful mine drainage; Minimize adverse effects of mining on ground water systems outside the permit area; and Support approved postmining land uses. Pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such a manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground water systems, and to prevent adverse impacts on the ground water systems or on approved postmining land uses. Surface mining activities shall be conducted in a manner that facilities restoration of the approximate pre-mining recharge capacity, through restoration of the capability of the reclaimed areas as a whole (excluding coal processing waste and underground development waste disposal areas and fills) to transmit water to the ground water system. The recharge capacity shall be restored to a condition which: Supports the approved postmining land use; Minimizes disturbances to the prevailing hydrologic balance in the mine plan area and in adjacent areas; and Provides a rate of recharge that approximates the pre-mining recharge rate. 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. The Bureau may authorize the surface mining activities closer to or through a stream upon finding that: The activities will not cause or contribute to the violation of applicable State or federal water quality standards; The activities will not adversely affect the water quantity and quality or other environmental resources of the stream; and If there will be a temporary or permanent stream-channel diversion, the stream-channel diversion will comply with COMAR 26.20.21.04. Ground water monitoring shall be conducted according to the ground water monitoring plan approved under COMAR 26.20.02.13R. Frequency of Monitoring Ground Water. The frequency of monitoring ground water at the approved monitoring location or locations shall be once every calendar quarter unless more frequent monitoring is required by the Bureau. Ground water monitoring data shall be submitted to the Bureau within 28 days of the end of the quarter. The samples for consecutive quarters shall be collected at a minimum of 60-day intervals. If an analysis of a ground water sample indicates noncompliance with a permit condition, the operator shall promptly notify the Bureau and immediately take the actions provided for in COMAR 26.20.02.13N, O, and P and 26.20.05.03C. At a minimum, the following parameters shall be monitored at each monitoring location: Specific conductance corrected to 25°C, or total dissolved solids in milligrams per liter; Total suspended solids in milligrams per liter; Acidity and alkalinity; pH in standard units; Total iron in milligrams per liter; Total manganese in milligrams per liter; Sulfates; Depth to water, rates of discharge, or usage, as appropriate; and Other parameters required by the Bureau. Ground water monitoring shall proceed through mining and continue during reclamation until bond release or until the operator demonstrates, using the monitoring data obtained under this regulation, that: The operation has minimized disturbances of the hydrologic balance both onsite and offsite, water availability and quality are suitable to support approved postmining land uses, and the water rights of other users have been protected or replaced; or Monitoring is no longer necessary to achieve the purposes of the monitoring plan. When surface mining activities may affect the ground water systems which serve as aquifers which significantly impact the hydrologic balance of water use on or off the mine plan area, ground water levels and ground water quality shall be periodically monitored. Monitoring shall include a sufficient number of measurements from wells, and mineralogical and chemical analyses of aquifers, overburden, and spoil to reflect changes in ground water quantity and quality. Monitoring shall be adequate to plan for modification of surface mining activities, if necessary, to minimize disturbance of the prevailing hydrologic balance. As required by the Bureau, the person who conducts surface mining activities shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests, and shall submit the results to the Bureau, to demonstrate compliance with the Regulatory Program. The Bureau may waive the ground water monitoring requirements under §§A—D of this regulation when it is not feasible to determine pre-mining ground water conditions because: Previous surface or deep mines, or both, within the permit area or adjacent area have affected ground water quantity or quality; Deep mine underdrainage has resulted in an absence of ground water within the stratigraphic sequence of the proposed mining operation; A preexisting mine operation, with a significant degree of completion, has affected ground water quantity or quality and the effects of the proposed mine operation would be inseparable from previous mining impacts; The location of the mining operation with respect to topographic or stratigraphic constraints, or both, precludes the installation of an effective monitoring system. Surface water monitoring shall be conducted according to the surface water monitoring plan approved under COMAR 26.20.02.13S. Monitoring of Surface Water. The frequency of monitoring surface water at the approved monitoring location or locations shall be once every calendar quarter unless more frequent monitoring is required by the Bureau. The samples for consecutive quarters shall be collected at a minimum of 60-day intervals. Surface water monitoring data shall be submitted to the Bureau within 28 days of the end of the quarter. At a minimum, the following parameters shall be monitored at each monitoring location: Specific conductance corrected to 25°C or total dissolved solids in milligrams per liter; Total suspended solids in milligrams per liter; Acidity and alkalinity; pH in standard units; Total iron in milligrams per liter; Total manganese in milligrams per liter; Sulfates; Flows; and Other parameters required by the Bureau. Monitoring of Discharges in Accordance with NPDES Permits. Discharges from the permit area shall be monitored in accordance with National Pollutant Discharge Elimination System (NPDES) permits issued by the Maryland Department of the Environment. The person who conducts the surface mine activities shall submit to the Bureau, on the same time schedule as required by the NPDES permit, either a copy of the completed reporting form filed to meet NPDES permit requirements or a letter identifying the State government official with whom the reporting form was filed to meet NPDES permit requirements and the date of the filing. In all cases in which the analytical results of the sample collections indicate that noncompliance with a permit condition or applicable standard has occurred, the person conducting the surface mining activities shall notify the Bureau immediately, and immediately take the actions provided for in COMAR 26.20.02.13N, O, and P and 26.20.05.03C. Surface water monitoring shall proceed through mining and continue during reclamation until bond release. The Bureau may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates that the: Operation has minimized disturbance to the hydrologic balance in the permit area and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; Water quality and quantity are suitable to support approved postmining land uses; Postmining water quantity and quality is not adversely impacting identified water users and is not expected to adversely impact identified water users; and Water supply of any adversely impacted water users has been replaced. The Bureau may modify the surface water monitoring requirements, including the parameters covered and sampling frequency, if the operator demonstrates that the monitoring is no longer necessary to achieve the purpose of the monitoring plan. Equipment, structures, and other devices necessary to measure and accurately sample the quality and quantity of surface water discharges from the disturbed area shall be properly installed, maintained, and operated, and shall be removed when no longer required. Each prospect hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the Bureau, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the mine plan and adjacent area. If these openings are uncovered or exposed by surface mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the Bureau. This does not apply to holes drilled and used only for blasting. Prospect holes, other drill or boreholes, wells, and other exposed underground openings, which have been identified in the approved permit application for use in returning coal processing waste or water to underground workings, or which are to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the Bureau. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the surface mining activities. When no longer needed for monitoring or other use approved by the Bureau, unless approved for transfer as a water well, each prospect hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Bureau in accordance with the Regulatory Program. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish, wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters. A prospect or monitoring well may only be transferred by the person who conducts surface mining activities for further use as a water well with the prior approval of the Bureau and in accordance with State and local law. That person and the surface owner of the lands where the well is located shall jointly submit a written request to the Bureau for that approval. Upon an approved transfer of a well, the transferee shall: Assume primary liability for damages to persons or property from the well; Plug the well when necessary, but not later than abandonment of the well; and Assume primary responsibility for compliance with the Regulatory Program with respect to the well. Upon an approved transfer of a well, the transferor shall be secondarily liable for the transferee's obligations under §B of this regulation, until release of the bond or other equivalent guarantee required by the Regulatory Program for the area in which the well is located. Surface water, or water from another underground mine, may not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface mining activities demonstrates to the Bureau that this will: Abate water pollution or otherwise eliminate public hazards resulting from surface mining activities, and prevent material damage outside the permit area; Be discharged as a controlled flow, meeting the effluent limitations of the Regulatory Program for pH and total suspended solids; however, the pH and total suspended solids limitations may be exceeded if approved by the Bureau and limited to: Coal processing waste, Fly ash from a coal-fired facility, Sludge from an acid mine drainage treatment facility, Flue gas desulfurization sludge, Inert materials used for stabilizing underground mines, or Underground mine development wastes; Minimize disturbance to the hydrologic balance; Meet with the approval of the Mine Safety and Health Administration; Not cause, result in, or contribute to a violation of applicable water quality standards or effluent limitations. Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source when this supply has been affected by contamination, diminution, or interruption proximately resulting from surface mining activities. Environment Article, §15-503, Annotated Code of Maryland Effective date: Regulations .01—.11 were previously codified as COMAR 08.13.09.23A—K, 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. Regulations .03—.05, .09A, and .10A amended effective October 23, 1995 (22:21 Md. R. 1614) Chapter recodified from COMAR 08.20.20 to COMAR 26.20.20, June 1996