# COMAR Title 26 — Department of the Environment ## Subtitle 21 — Mining ### Chapter 01 — Surface Mining **Authority:** Environment Article, §§15-803 and 15-813; Natural Resources Article, §10-2A-06(c); Annotated Code of Maryland **Administrative History:** Effective date: December 11, 1989 (16:24 Md. R. 2617) **Administrative History:** Regulation .23C, E amended effective May 14, 1990 (17:9 Md. R. 1088) **Administrative History:** Chapter recodified from COMAR 08.05.10 to COMAR 26.21.01, June 1996 **Administrative History:** Regulation .03E adopted effective May 14, 2001 (28:9 Md. R. 890) #### Regulation .01 Definitions. *COMAR 26.21.01.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means Environment Article, §§15-801—15-834, Annotated Code of Maryland. (2) “Angle of repose” means the maximum angle of slope (measured from a horizontal plane) at which loose cohesionless material will come to rest on a pile of similar material. (3) “Applicant” means that person making application to the Department under the Act for a license or a permit and who is responsible for fulfilling the requirements of the Act, all license and permit conditions, and regulations adopted under the Act. (4) “Backfill” means earth overburden, mine waste, or imported material used to replace material removed during mining. (5) “Bench” means a flat surface from which a pit or quarry is worked. (6) “Critical gradient” means the maximum stable inclination of an unsupported slope. (7) “Cut slope or face” means a bank or slope that is created by removing material below the existing ground surface. (8) “Department” means the Department of the Environment. (9) “Diversion” means a channel, embankment, or other man-made structure constructed for the purpose of redirecting water from one area to another, including interceptor swales, perimeter dikes, and earth dikes. (10) “Erosion” means the process by which the land surface is worn away by the action of water, wind, ice, or gravity. (11) “Excavation” means the extraction or removal of minerals so as to make them suitable for sale, exchange, commercial, or industrial use. (12) “Fill slope” means a bank or slope that has been created by the placing of material on top of the existing ground surface. (13) “Final grade” means the finished elevation of any excavated surface disturbance before replacement of topsoil. (14) “Grading” means to bring an existing surface to a designed form by cutting, filling, or smoothing operations. (15) “Ground water” means subsurface water that fills available openings in rock or soil material such that they may be considered water saturated. (16) Haul Road. (a) “Haul road” means a road that is constructed or used in surface mining and reclamation operations, including one used by vehicles leading to transfer, processing, or storage areas. (b) “Haul road” does not mean a road maintained with public funds. (17) “Highwall” means a site of a pit or quarry adjacent to unmined land. (18) “Impoundment” means a closed basin naturally formed or man-made for the retention of water, sediment, or waste. (19) “License” means the annual written certification from the Department that the licensee is authorized to conduct surface mining activities in the State. (20) “Mined lands” means the surface or subsurface of an area in which surface mining operations will be, are being, or have been conducted. Mined lands include: (a) Private ways and roads used for mining appurtenant to any surface mining area; (b) Land excavations; (c) Workings; and (d) Overburden. (21) “Mine waste” means the residual soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, used in, or displaced by, surface mining operations. (22) “Peak particle velocity” means the maximum velocity of a particle (rate of movement of the ground) in inches per second as measured by the three mutually perpendicular components of motion in the ground immediately adjacent to a structure of concern. (23) “Permit” means the written authorization to mine a particular site, including all conditions, maps, plans, and other supporting documents made a part of the permit that the Department issues to a permittee under the Act. (24) “Processing plant” means any equipment, buildings, structures, or appurtenances used to process non-coal minerals, including crushers, shakers, screens, washers, conveyor belts, settling ponds, and stockpiles of processed materials, and the land upon which these are located. (25) “Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion, or by artificial means. (26) “Sediment pond” means any natural or artificial structure or depression used to remove sediment from water and store sediment, including, for example, sediment basins and traps. (27) “Setback” means the distance from a property line, road, or other limiting feature, to an excavation or to the toe of a fill which serves to protect property, a road, or other features. (28) “Stabilization” means methods used to control movement of soil, spoil piles, or areas of disturbed earth and includes any combination of the following: (a) Increasing bearing capacity; (b) Draining; (c) Revegetating; (d) Mulching; (e) Liming; and (f) Fertilizing. (29) “Subsoil” means the part of the soil profile below the topsoil and is sometimes called overburden. (30) “Surface water” means water either flowing or standing on the surface of the earth. (31) “Topsoil” means the upper part of the soil profile that is rich in humus, also known as the A horizon. #### Regulation .02 Surface Mining License. *COMAR 26.21.01.02* A. A person may not engage in surface mining within the State without first obtaining a surface mining license. B. Application Requirements for Initial License. (1) The application for a license shall be on a form furnished by the Department and shall include all appropriate information required by the Department. (2) The person making the application shall be as follows: (a) If a corporation is making application, an authorized agent or employee may complete the application, but an officer of the corporation or an authorized agent shall sign the application form; (b) If a partnership or association is making application, any authorized partner may complete and sign the application form; (c) An individual making application shall complete and sign the application form. (3) The person making application for an initial license shall submit the filing fee prescribed by the Act in the form of cash, check, money order, or any combination, made payable to the Department of the Environment. (4) All licenses shall expire on December 31 of the year in which they are issued except as provided in §B(5) of this regulation. (5) A license issued for an application that is received after November 1 of any calendar year and is approved by the Department shall be issued for up to 14 months as appropriate to include the entire following calendar year. C. Application Requirements for Renewal. (1) An application for renewal shall be submitted by January 1 and shall be on a form furnished by the Department. (2) The Department will provide all current licensees with a renewal form on or before November 30. (3) The licensee shall submit the filing fee prescribed by the Act in the form prescribed by the Act and §B(3) of this regulation. D. Expired Licenses. (1) If a licensee fails to apply for a renewal by January 1 of any year, the licensee: (a) May not continue to mine any minerals or perform any activity pertaining to surface mining, except reclamation, beyond the expiration date of the license; and (b) Shall apply for an initial surface mining license pursuant to §B of this regulation in order to be reinstated. (2) If a license is not renewed, for any reason, then all surface mining permits issued to that person shall be suspended or revoked in accordance with Environment Article, §15-821, Annotated Code of Maryland, and Regulation .05 of this chapter. E. Review of Application. (1) Within 10 working days of receipt of an initial or a renewal application, the Department shall review the application to determine whether it contains all information required by §§B and C of this regulation. (2) If all necessary information is not included, the Department may return the application with written notification that further information is required. (3) The Department may deny the license if: (a) In the judgment of the Department the applicant has failed and continues to fail to comply with the provisions of this chapter and the Act; or (b) The applicant does not submit a corrected and acceptable application within 30 days after the applicant has received the application that was returned pursuant to §E(2) of this regulation. F. Approval or Denial of License. (1) Within 30 days of receipt of a completed application, the Department shall notify the applicant whether the license has been issued or denied. (2) If the license is issued it shall provide: (a) Name of the licensee; (b) License number; (c) Expiration date; (d) That the license is not transferable; (e) That the license shall be displayed publicly; and (f) That the license may be suspended or revoked for cause. (3) If the license is denied, the Department shall notify the applicant of the reasons for denial by certified mail. G. A license is not transferable. H. A license shall be displayed publicly at the licensee's principal place of business. #### Regulation .03 Surface Mining Permit. *COMAR 26.21.01.03* A. A person may not obtain a surface mining permit unless that person is licensed in accordance with the Act and Regulation .02 of this chapter. B. A licensee may not engage in a mining operation unless the licensee has a surface mining permit for the affected land. C. Forms. (1) A licensee shall apply to the Department for a permit on either a short form or long form furnished by the Department. (2) Short Form. (a) The short form may be used if all of the following conditions are met: (i) The proposed permit area does not exceed 5 acres; (ii) Not more than 20,000 cubic yards or 30,000 tons of minerals are to be extracted each year; and (iii) The Department determines that a long form is not required because of special circumstances such as the mining method, the proximity of the operation to residences, the proposed reclamation, or past experience of the Department with similar mining operations. (b) The short form application shall be accompanied by all of the following: (i) The mining and reclamation plan on a form furnished by the Department; (ii) A notarized right-of-entry agreement provided by the Department and executed by the landowner as described in Environment Article, §15-808(d)(1), Annotated Code of Maryland; (iii) An amount necessary to reimburse the Department for its expense in recording the right-of-entry agreement in the appropriate land records; (iv) A sediment control plan approved by the local soil conservation district; (v) A written statement by the licensee listing all other State, county, and local permits and approvals required, and the status of each; (vi) A filing fee prescribed by the Act; (vii) A special reclamation fee as prescribed by the Act prorated for each acre and each fraction of an acre; (viii) A topographic map described in §D of this regulation; (ix) A certification by the permittee that all work will be done pursuant to this plan; and (x) Any other relevant materials and documents deemed necessary by the Department. (3) Long Form. (a) The long form shall be used if the Department determines that the short form is not acceptable. (b) The long form application shall be accompanied by all of the following: (i) A mining and reclamation plan which shall be on a form furnished by the Department which meets the requirements of Environment Article, §15-822, Annotated Code of Maryland; (ii) A notarized right-of-entry agreement provided by the Department and executed by the landowner as described in Environment Article, §15-808(d)(1), Annotated Code of Maryland; (iii) An amount necessary to reimburse the Department for its expense in recording the right-of-entry agreement in the appropriate land records; (iv) A sediment control plan approved by the local soil conservation district; (v) A written statement by the licensee listing all other State, county, and local permits and approvals required, and the status of each; (vi) A filing fee prescribed by the Act; (vii) A special reclamation fee as prescribed by the Act prorated for each acre and each fraction of an acre; (viii) A topographic map described in §D of this regulation; (ix) A certification by the permittee that all work will be done pursuant to this plan; and (x) Any other materials and documents deemed necessary by the Department. D. With each application form, the licensee shall submit a topographic map in triplicate meeting all of the following conditions: (1) The map shall be on a scale not smaller than 1 inch equals 200 feet with a contour interval spacing appropriate for the topography; (2) A single sheet of the map shall be not larger than 36 inches by 42 inches; (3) The map shall contain the information required in Environment Article, §15-822(b)—(d), Annotated Code of Maryland and all of the following: (a) A vicinity map of the tract of land to be affected, (b) Property lines, name of the landowner of the affected area, and names of the adjacent landowners, (c) The name of the municipality or election district and county, (d) The location of all buildings within 200 feet of the outer perimeter of the affected land and the name and address of the owner, and the use of each building, (e) The location and names of streams, roads, railroads, utility lines, and known archaeological and historical sites that are on or immediately adjacent to the affected lands, (f) The outline and designation of pit areas, soil (topsoil and subsoil) storage areas, stockpiles, processing plants, settling and tailings ponds, disposal areas, reclamation areas, and areas to be mined at a future date, (g) All existing disturbance on the site, (h) The location of existing and proposed access, haul, and support roads, (i) The location where mining will begin, the location where mining will end, and the direction that mining will proceed, (j) The location of proposed highwalls or slopes that will be left upon completion of mining, (k) The location, identification, and elevation of test borings or excavations which the licensee has conducted on the affected land, (l) Cross sections showing the location of test borings, sample sites, test pits, the nature and depth of the various strata, the thickness of any mineral seam or deposit, and a description of the overburden, subject, however, to confidentiality provided by the Act, (m) Proposed final contours and elevations, (n) Title block containing information stating whether the map is an “application map”, “modification map”, “annual report map”, “final map”, or “renewal map”, and (o) Date of revision block stating revisions made, date made, and initials of the preparer; (4) If borings were not taken, then the cross sections shall be prepared based upon adjacent previously mined areas or any source of information that is acceptable to the Department; (5) The map shall be prepared and certified by a Maryland registered professional engineer or Maryland registered land surveyor, but the Department may waive this requirement when the short form is used. E. For permit applications for surface mines subject to the provisions of Environment Article, §§15-812 and 15-813, Annotated Code of Maryland, the Department may require the permittee to submit the following additional information: (1) Monitoring well data and reports derived from monitoring data; (2) Boring logs; (3) A written report of known sinkhole occurrences in the vicinity including an aerial photograph or map showing the location; (4) Aquifer pump test reports or other pertinent hydrologic data; (5) Geologic reports; (6) Field investigation reports, dye trace analyses, or any other information requested by the Department; and (7) A map at a scale and in a format established by the Department showing: (a) A proposed zone of dewatering influence, (b) Topography, geology, sinkhole locations, stream and road locations, and any environmental or geologic features relevant to the determination of a zone of dewatering influence, and (c) Any cultural features, including structures and water supply wells, and property lines within and adjacent to the proposed zone of dewatering influence. #### Regulation .04 Review of Application. *COMAR 26.21.01.04* The Department shall review the application for a surface mining permit (original, modification, renewal, transfer) in accordance with the following procedures: A. Within 20 working days of receipt of an application, accompanying documents, and the appropriate fees, the Department shall review the application to determine whether it contains all information required by Regulation .03C and D of this chapter; B. If the required information is not included, the Department shall advise the applicant with written or oral notification; C. Upon receipt of all required information, the Department shall arrange a date and time with the applicant for a site investigation; D. As a result of the site investigation, the Department shall: (1) Determine the accuracy of the submitted drawings required by Environment Article, §15-822(b)—(d), Annotated Code of Maryland, and Regulation .03D of this chapter, (2) Determine the acceptability of the proposed mining and reclamation methods, (3) Determine the potential impacts that the mining activity will have on the environment and public safety, and (4) Assist the applicant in determining whether other State approvals and permits are required; E. The Department shall enter a written field report of the site inspection into the applicant's file containing at a minimum the following: (1) A description of the site and the surrounding area, including the geology, physiography, land use, and proximity and location of dwellings, (2) A description of the proposed mining method, including the beginning and end point of mining, the mining sequence, the depth of the mining, the mining schedule, and stockpile storage areas, (3) A description of the proposed reclamation method, including final grades, topsoil restoration, type and amount of revegetation, final impoundments, and haul road reclamation, (4) A description of any requirements set forth in permits and approvals that have been issued by State, county, and local agencies, (5) A description of the potential impacts that the mining activity will have on the environment and public safety, and (6) A list of additional required information needed to complete the application; F. The Department shall determine the area of maximum disturbance, in part, based upon the following factors: (1) Type of mineral to be excavated; (2) Location of mineral to be excavated; (3) Depth of mineral to be excavated; (4) Potential impacts upon the environment and public safety; (5) Estimated annual production; (6) Proposed mining method; (7) Proposed date of termination of mining; (8) Proposed reclamation method; (9) Size and location of stockpile areas; (10) Size and location of haul roads; (11) Size and location of erosion and sediment controls; and (12) Size and location of storage areas; G. After the completion of the site visit and the review of the factors set forth in §§D—F of this regulation, the Department may require additional information from the applicant under the following procedures: (1) The Department shall mail within 30 days to the applicant a list of required additional information, (2) The applicant shall submit the additional information within 40 working days after receipt of the Department's list, or submit acceptable justification as to why the Department should not terminate its review of the application, (3) If the information is not submitted within 40 days, or the justification for an extension is deemed insufficient, the Department shall return the permit application to the applicant with a notice that the Department's review has terminated, (4) Upon receipt of the additional information the Department shall notify the applicant within 30 working days whether the application is complete; H. Not later than 30 days after the Department determines that the application is complete, the Department shall notify the applicant by certified mail, as required by Environment Article, §15-810, Annotated Code of Maryland, of the Department's decision to issue or deny the permit; I. If the Department's decision is to issue the permit, the letter shall advise the applicant of the amount of the performance bond as required by Environment Article, §15-823, Annotated Code of Maryland, and the expiration date of the permit; J. If the Department's decision is to deny the permit, the letter shall state the reasons for denial, any modifications necessary for acceptance of the application, and the appeal right afforded by Environment Article, §15-810(d), Annotated Code of Maryland; K. The Department may deny an application for any permit if: (1) The information necessary for acceptance of the application was not submitted in accordance with §G of this regulation, (2) The decision to issue or deny an application has been deferred at the applicant's request for more than 12 months, or (3) Any of the reasons for denial listed in Environment Article, §15-810(b), 15-815(f), 15-816(a), 15-819(d), or 15-821(d), Annotated Code of Maryland, apply; L. Upon receipt of an acceptable performance bond the Department shall issue the permit stating the effective date, the expiration date, and all conditions for compliance with the Act and this chapter; M. The Department shall process the permit application concurrently with any local or county land use and zoning reviews. #### Regulation .05 Effect of License Denial or Expiration on Permits. *COMAR 26.21.01.05* If the Department denies the renewal of a surface mining license or a licensee fails to renew a license as provided for in Regulation .02D(2) of this chapter, the following shall apply: A. In accordance with Environment Article, §15-821, Annotated Code of Maryland, the Department shall suspend all permits issued to the licensee; B. If an administrative appeal is not filed, the Department shall revoke all permits issued to the former licensee; C. The permittee shall reclaim all affected land under all permits that have been revoked pursuant to §B of this regulation within the time period specified by the Department and in accordance with the plans set forth in each permit or as modified by the Department; D. If reclamation has not begun within the time specified by the Department, the Department shall begin bond forfeiture proceedings in accordance with Environment Article, §15-825, Annotated Code of Maryland. #### Regulation .06 Termination of Lease. *COMAR 26.21.01.06* If a landowner terminates a permittee's lease agreement, the Department may: A. Transfer the permit to another licensee if the landowner and the permittee consent; B. Require the permittee to initiate reclamation within 3 months after the date that the lease is terminated or sooner if required by the mining and reclamation plan, and to complete reclamation by a certain date; or C. Delay any action pending resolution of any outstanding appeals. #### Regulation .07 Fees. *COMAR 26.21.01.07* A. License and permit fees shall be as prescribed in the Act. B. Application fees are not refundable. C. The Department shall return the special reclamation fee and recording fee for the right-of-entry agreement to the applicant if a permit is denied. D. The Department shall deposit all fees except right-of-entry recording fees in the Surface Mined Land Reclamation Fund. #### Regulation .08 Surface Mining License Exceptions. *COMAR 26.21.01.08* A. In determining whether certain farming, including aquaculture, construction, and processing activities are subject to this chapter, the Department shall apply the criteria set forth in §§B—F of this regulation. B. Processing Plant. (1) Operations engaged in processing minerals which are not subject to this chapter are as follows: (a) Processing plants that are not contiguous to a permit area; or (b) Processing plants that are contiguous to a permit area, but are not affected by and do not affect the permit area. (2) A processing plant, or portions of it, is subject to the requirements of the Act and this chapter when one of the following occurs: (a) It is constructed in the permit area after the permit has been issued; (b) It receives drainage from the permit area; (c) It is used in controlling sediment from the permit area; or (d) The permittee requests that a processing plant that is adjacent to the permit area be included in the permit area. (3) If a processing plant is included in the permit, the permittee is not relieved of the responsibility for any permits or approvals required by other State, federal, or local regulatory agencies. C. On-Site Farming. (1) Excavation or grading, including excavation or grading for a pond, is not subject to the requirements of this chapter if the extraction of minerals furthers a farming activity on the site, and if the excavated material is used for a noncommercial purpose on the site. The farmer shall have a soil and water conservation plan approved by the local soil conservation district. (2) If the excavated material is not for the farmer's own noncommercial use on the site, the Department may review the following criteria to determine if the excavation is solely in aid of on-site farming: (a) Purpose of the excavation or grading; (b) Type and quantity of material to be excavated; (c) Surface area and depth of the excavation; (d) Proposed use for the excavated material; (e) On-site handling of excavated material; (f) How, and by whom, the excavation will be conducted; (g) Final land use; (h) Commercial value of the material; (i) Access to and from the site; (j) Soil conservation district approval; (k) Any applicable permit; and (l) The excavation and removal of material from the site is completed within 18 months. D. On-Site Construction. Excavation and grading, including excavation or grading for a pond, which is done solely in aid of on-site construction, is not subject to the requirements of this chapter if all of the following conditions, whenever applicable, are met: (1) The construction project has all of the following: (a) A building permit; (b) Grading permit; (c) Zoning approval; (d) Sediment and erosion control approval; (e) Stormwater management approval; (f) Other required approvals; and (g) A bond posted with the proper regulatory authority, if required, in an amount sufficient to cover reclamation costs; (2) No more material is removed than necessary to: (a) Reach the final elevations specified in the permits and approvals listed in §D(1) of this regulation; or (b) Reach elevations needed to meet load-bearing capacity requirements; and (3) The excavation and removal of material from the site is completed within 18 months. E. Operations Supplying Public Facilities. A mineral extraction site is not subject to this chapter if it is within one of the following categories: (1) A borrow pit owned and operated by the State Highway Administration which is maintained in compliance with the standards of reclamation that have been approved by the Department under Environment Article, §15-834, Annotated Code of Maryland; (2) A borrow pit owned and operated by a county or municipal roads department that is maintained in compliance with standards of reclamation that have been adopted by the county or municipal government, either by resolution or passage of an ordinance, and have been approved by the Department; or (3) A borrow pit operated by a person working under contract with the State Highway Administration, county roads department, or municipal corporation if the public body has: (a) Received approval from the Department for their standards of reclamation, (b) Passed a resolution or ordinance that formally adopts the standards of reclamation, and (c) Given the Department specific notice of the operation of the site by a private contractor. F. One-Acre Sites. (1) A mined mineral extraction site is not subject to the requirements of this chapter if the affected lands at the site do not exceed 1 acre. (2) Any tract of land will be allowed only one mineral extraction site that does not exceed 1 acre. (3) The 1-acre site shall be clearly marked by stakes. #### Regulation .09 Surface Mining and Reclamation Requirements. *COMAR 26.21.01.09* The practices described in Regulations .10—.20 of this chapter are the minimum requirements that shall be included in the mining and reclamation plan. The Department may specify additional practices. In addition, the intended use of the affected land shall comply with local land use requirements. #### Regulation .10 Grading and Sediment Control. *COMAR 26.21.01.10* A. The permittee shall minimize the removal of vegetation, topsoil, and overburden before surface mining. B. The permittee shall construct and maintain erosion and sediment control devices in accordance with the grading and sediment control plan approved by the local soil conservation district. C. The permittee shall confine mining activity to the maximum area of disturbance at any one time as described in the permit. D. The permittee shall maintain a valid sediment and erosion control approval, including the necessary renewal by the approving authority, for the life of the permit. #### Regulation .11 Topsoil. *COMAR 26.21.01.11* A. The permittee shall remove, segregate, and stockpile topsoil on-site for reclamation unless the Department approves the removal from the site in the permit. B. The permittee shall protect stockpiled topsoil in accordance with the approved mining and reclamation plan by a vegetative cover or by other methods demonstrated to provide protection, including but not limited to, chemical binders and mulching. C. After the final grade has been completed in accordance with the approved mining and reclamation plan, but before the topsoil is replaced, the permittee shall disk or scarify the land to a depth of 2 inches to promote root penetration. D. The permittee shall distribute topsoil in accordance with the approved mining and reclamation plan in a manner which: (1) Achieves an approximate uniform thickness; (2) Prevents excessive compaction of subsoil; (3) Protects it from erosion before it is seeded. E. Topsoil may not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or while in a condition that would otherwise be detrimental to proper grading. F. If topsoil was not conserved during mining or if there is an insufficient quantity of topsoil, the permittee shall upgrade the remaining native materials by the application of soil conditioners, mulches, or imported topsoil. #### Regulation .12 Overburden, Mine Waste, and Rock. *COMAR 26.21.01.12* A. The permittee shall use overburden, mine waste, and rock to reduce the slope gradient of highwalls unless the permittee demonstrates that this use is impractical. B. The permittee shall stabilize storage piles of overburden, mine waste, and rock in accordance with the approved mining and reclamation plan and may not restrict any natural drainage without an approved diversion. C. The Department may require mine waste piles to be graded, covered with overburden or topsoil, and vegetated. #### Regulation .13 Backfilling and Grading. *COMAR 26.21.01.13* A. The permit area shall include any area which will be mined to produce additional materials for backfilling and grading. B. The mining and reclamation plan shall provide that if settling occurs additional backfilling shall be performed. C. If the postmining land use includes roads, building sites, or other improvements, the mining and reclamation plan shall require compaction of the fill materials in conformance with good engineering practice. #### Regulation .14 Final Slope Gradient. *COMAR 26.21.01.14* A. The designed steepness and proposed treatment of the final slopes of the mined land shall take into consideration the physical properties of the slope material, its probable maximum water content, landscaping requirements, and other factors. For example, the maximum stable slope angle may range from 90 degrees in a sound limestone, igneous rock, or similar hard rock to less than 20 degrees in highly expansive clay. B. The mining and reclamation plan shall specify slope angles flatter than the critical gradient for the type of material involved. C. Whenever final slopes approach the critical gradient for the type of material involved, the Department may require an engineering analysis of the slope stability. D. The Department may require additional measures if public safety or adjacent property may be affected. #### Regulation .15 Vegetation. *COMAR 26.21.01.15* A. The permittee shall vegetate the affected area as specified by the Department and by the approved mining and reclamation plan. B. Vegetation shall include existing roadside and property line screens and any additional plantings specified by the Department. #### Regulation .16 Reclamation Schedule. *COMAR 26.21.01.16* A. The permittee shall begin reclamation activities required by this chapter as soon as practicable after mining starts, continuing concurrently with mineral extraction and, upon termination of mining, until the entire permit area is reclaimed. B. If site conditions dictate that reclamation cannot begin until mineral extraction is terminated, the reasons for this delay shall be detailed in the mining and reclamation plan, and the reclamation shall begin within 30 days of the termination of mineral extraction. C. The permittee shall complete reclamation in accordance with the mining and reclamation plan within 2 years after mineral extraction has terminated. D. If reclamation cannot be successfully completed within 2 years after mineral extraction has been terminated, the permittee shall submit a written request to the Department providing: (1) The reasons for the delay; (2) A description of measures to stabilize affected land, prevent any pollution, and eliminate hazards to health and safety; and (3) A written acknowledgement of the delay of the reclamation from the landowner if different from the permittee. #### Regulation .17 Setback Requirements. *COMAR 26.21.01.17* A. The permit area shall be not less than 25 feet measured in a horizontal plane from any property line. This 25-foot setback shall also apply to any easement or right-of-way unless written permission is obtained from the holder of the easement or right-of-way. B. Setbacks greater than 25 feet may be required whenever the permit area is adjacent to any school, hospital, church, cemetery, river, stream, or similar area. C. The permit area may not be less than 100 feet measured in a horizontal plane from any of the following: (1) Any scenic and wild river or its tributaries as designated by Natural Resources Article, §8-401—8-411, Annotated Code of Maryland; (2) Any parcel of land that has been designated an area of critical State concern as designated by the Department of State Planning in the State Development Plan under State Finance and Procurement Article, §5-611, Annotated Code of Maryland. D. The permit area may not be in conflict with the Chesapeake Bay Critical Area Commission Criteria under COMAR 27.01 or any locally adopted Critical Area Plan. E. If an applicant provides sufficient justification, the Department may allow a lesser setback distance. F. In determining the setback requirement on land located adjacent to any parcel described in §§B—D of this regulation, the Department shall evaluate the impact of the proposed operation on the fundamental character, the natural values of the area, and the technical aspects of the operation, taking into consideration: (1) The size of the proposed operation; (2) The proximity and geographic relation of the proposed operation; (3) The proximity of the proposed mining operation to other man-made changes in the natural landscape; (4) The scenic value and wilderness nature of the area; (5) The archaeological and recreational value of the area; (6) The effect of the proposed operation on the vegetation, land surface, and existing land uses; (7) The generation of noise and dust by the proposed operation; (8) The availability of technology to lessen the impact of the proposed operation; (9) The length of time that any significant changes in the landscape caused by the proposed operation will be visible from off site; and (10) The effectiveness of available technology to reclaim the proposed operation to a condition that is compatible with the adjacent land uses. G. The permittee may not cause land disturbance of any type or removal of any vegetation within the setback except for the construction of approved access roads as provided for in Regulation .18 of this chapter. #### Regulation .18 Roads. *COMAR 26.21.01.18* A. Construction. The permittee: (1) Shall construct and maintain access and haul roads in a manner that minimizes erosion and does not cause sedimentation or flooding; (2) Shall obtain prior approval from the Department for all stream crossings; (3) May clear vegetation for the essential width necessary for road and associated ditch construction; (4) Shall stabilize all fill and cut slopes. B. Drainage. (1) The permittee shall drain any access or haul road using ditches, water barriers, pipe culverts, cross drains, ditch relief drains, or similar structures. (2) For an access or haul road that is to be maintained for more than 1 year, the permittee shall design and construct water control structures in accordance with the current Maryland Standards and Specifications for Soil Erosion and Sediment Control, which is incorporated by reference in COMAR 26.17.01.11. (3) The permittee shall construct drainage pipes and culverts to minimize plugging, collapse, and erosion at inlets and outlets. (4) The permittee shall construct a drainage ditch at the toe of any cut slope formed by the construction of a road. C. Maintenance. (1) The permittee shall routinely maintain access and haul roads for dust and mud control, proper drainage, and stability. (2) The permittee shall maintain ditches, culverts, drains, trash racks, and other structures draining an access or haul road to prevent conditions that adversely affect the purpose of the structure. D. Removal and Reclamation. (1) Upon termination of mining the permittee shall remove access or haul roads and shall grade and vegetate the land affected to be consistent with the approved mining and reclamation plan, unless retention of a road is approved as part of the postmining land use. (2) If a road is to remain permanently, the permittee shall leave it drained, and in a stable condition. #### Regulation .19 Miscellaneous Requirements. *COMAR 26.21.01.19* A. The permittee shall restore temporary stream or watershed diversions to the original conditions wherever practicable as determined by the Department. B. The permittee shall remove and dispose of any old equipment and man-made materials. #### Regulation .20 Impoundments. *COMAR 26.21.01.20* A. Impoundments, including wash plant impoundments within surface mining permit limits, shall be permitted in accordance with Environment Article, §5-503, Annotated Code of Maryland, and COMAR 26.17.05, or approved by the appropriate soil conservation districts as appropriate according to the size of the impoundment. B. If surface water or ground water is appropriated or used for purposes of the mining operation, the permittee shall comply with Environment Article, §5-502, Annotated Code of Maryland, and COMAR 26.17.04. C. Any change in course, current, or cross-section of a stream shall be performed in accordance with Environment Article, §5-503, Annotated Code of Maryland, and COMAR 26.17.05. D. A post-mining impoundment shall have a minimum water depth of 5 feet or more in at least 25 percent of its detention area, unless otherwise approved by the Department. E. The Department may require that an impoundment having a depth greater than 5 feet be constructed with safety devices, including the following: (1) Vegetative or structural fencing barriers; (2) Earth berms; (3) Safety benches; and (4) Shallow water areas. F. Approval of pond construction pursuant to Environment Article, §5-503, Annotated Code of Maryland, does not create an exemption to any requirement otherwise applicable under these regulations or the Act. G. If other permits such as those listed in §§A—C of this regulation are required, the Department shall assist the permittee by supplying the proper application forms and the name and telephone number of the person to contact. #### Regulation .21 Blasting. *COMAR 26.21.01.21* A. General. (1) The permittee shall comply with all applicable local, State, and federal laws and regulations and with this regulation in the use of explosives. To the extent this regulation is more restrictive than other applicable law or regulations, this regulation shall control. (2) The permittee is responsible for insuring that blasting is conducted by a person licensed under Article 38A, §§26—36, Annotated Code of Maryland. (3) The permittee shall conduct blasting so as not to cause injury to persons, damage to public or private property, adverse impacts on an underground mine, or adverse changes in the course, channel, or availability of ground or surface waters. (4) The Department may prohibit blasting in specific sensitive areas if necessary for public safety. (5) The Department may require a seismographic record of any blast. (6) Explosive weight limitations prescribed in Regulation .22B(2) of this chapter do not apply to any detonation when every person owning or controlling potentially affected residences, buildings, or structures within 1,300 feet of the permit area executes a written statement of consent, and that consent is submitted to the Department before detonation. (7) The permittee shall post a permanent sign, at least 2 feet by 3 feet in size at the entrance of the property, stating “Warning—Blasting Area” in legible letters. (8) The air blast and ground vibration limits specified in this regulation are considered the threshold below which blasting damage is unlikely to occur. The Department may require an evaluation of any blast site by a vibration consultant and, if necessary, impose more stringent limits to protect property outside the permitted area and not within the permittee's ownership or control, or to protect public safety. (9) After receipt and review of an application for a permit for a new surface mining operation, or for expansion of a surface mining operation permitted before the enactment of these regulations, the Department may specify a potential impact area and may require a pre-blast survey, to be submitted before any blasting. The pre-blast survey shall document any pre-blasting damage and other physical factors that could reasonably be affected by the blasting. (10) Assessment of structures such as pipes, cables, transmission lines, wells, and other water systems shall be limited to surface conditions and other readily available data. Special attention shall be given to the pre-blasting condition of wells and other water systems used for human, animal, or agricultural purposes, and to the quantity and quality of the water. B. Air Blast Effects. (1) The maximum allowable air blast at any inhabited building may not exceed 130 decibels peak when measured by an instrument having a flat frequency response (±3 decibels) over the range of 6 to 200 hertz. (2) The maximum allowable air blast at any uninhabited building may not exceed 140 decibels peak when measured by an instrument having a flat frequency response (±3 decibels) over the range of 6 to 200 hertz. (3) When blasting is of a continuing nature, 124—130 decibels shall be the caution range. (4) When the air blast effects are consistently within the caution range, the blasting procedures shall be changed to reduce the decibel level on subsequent blasts in order to protect property outside the permitted rea and not within the permittee's ownership or control, or to protect public safety. (5) The permittee shall employ a person who is competent to use an approved instrument that has been calibrated in accordance with the manufacturer's recommendations for determining compliance with this section. #### Regulation .22 Ground Vibration. *COMAR 26.21.01.22* A. Maximum Blasting Limitation. (1) Blasting near any dwelling, public building, school, church, commercial, or institutional building, or any other structure shall be in accordance with §B of this regulation and Regulation .23 of this chapter. (2) The maximum peak particle velocity of any blasting operation may not exceed 2 inches per second, measured on the ground adjacent to the nearest structure of concern, unless otherwise directed by the Department. The nearest structure of concern shall be located outside of the permit area, and may not be under the ownership or control of the permittee. (3) The Department may require the permittee to reduce the peak particle velocity if it determines that a lower standard is required to protect property outside the permitted area, and not under the permittee's ownership or control, or to protect public safety because of sensitive conditions relating to density of population, land use, age or type of structure, geology or hydrology of the area, frequency of blasts, or other factors. (4) The maximum peak particle velocity of ground motion does not apply to property inside the permit boundary. (5) The standards included in this regulation are intended to protect conventional low-rise structures such as homes and schools. Engineered structures may safely withstand higher vibration levels and, based upon an approved engineering study, the Department may allow higher vibration levels for engineered structures. B. Monitoring Ground Vibration. (1) Monitoring Methods. (a) The permittee shall select a method described in Regulation .24B, Table I, Table II, or Graph I, and use it in accordance with this regulation, or use a response spectra analysis to monitor ground vibration resulting from blasting. (b) If the permittee uses Table I, the permittee shall submit information to the Department for approval under §A(2) of this regulation. (c) The permittee may select a method described in Table II or Graph I, or use a response spectra analysis without approval by the Department. (d) The order of methods in increasing sophistication are charge weight per delay versus distance (Table I), distance versus peak particle velocity (Table II), peak particle velocity versus frequency (Graph I), or response spectra analysis. (2) Table I Use. (a) Table I applies to ground vibration limits for blasting which the Department does not require to be measured with approved seismic instrumentation. (b) The maximum amount of explosives per delay may not exceed the limits in Table I. (c) The amount of explosives per delay may not exceed 520 pounds in any 8 millisecond or greater delay period. (d) The Department may approve the use of Table I at a particular site upon request of the permittee, but may request seismographic records of test blasting at the site and other information requested by the Department. (e) The Department may not approve the use of Table I if the peak particle velocity of 2 inches per second will be exceeded. (3) Table II or Graph I Use. (a) Table II or Graph I shall be used when the Department determines that blasting is to be monitored by a seismic instrument or system of instrumentation approved by the Department. (b) Blasting measured in accordance with Table II shall be conducted so that the peak particle velocity on any one component of an instrument measuring the 3 mutually perpendicular components of motion does not exceed the limits of the table. (c) Seismic instruments that monitor blasting in accordance with Table II shall have the instrument's transducer firmly coupled to the ground. (d) Blasting measured in accordance with Graph I shall be conducted so that the continuously variable particle velocity criteria versus frequency criteria is not exceeded. (4) If response spectra analysis is selected by the permittee, it shall be used to determine that blasting vibrations are controlled so that a relative velocity of 1.5 inches per second is not exceeded (within the 4—12 hertz range of natural frequencies for low rise structures). #### Regulation .23 Blasting Procedures; Restrictions. *COMAR 26.21.01.23* A. The permittee may conduct blasting from 7 a.m. to 10 p.m. local time, except that the Department may impose a more restrictive time period if required by the local government pursuant to a local ordinance. B. The permittee shall use sufficient stemming or natural cover to prevent flyrock from leaving the permit site. C. If a permittee proposes to perform any blasting within 1,000 feet of any occupied dwelling, the operator shall notify any occupant and owner in the following manner: (1) The permittee shall publish a blasting schedule in a newspaper of general circulation in the locality of the blasting site and distribute a copy to each resident and owner of any occupied dwelling or structure at least 30 days, but not more than 45 days, before beginning a blasting program; (2) The copies of the schedule shall be sent by regular mail or hand delivered and record of notification and certification of publication shall be retained with the blasting records as required by §F of this regulation; (3) The permittee shall republish and redistribute the schedule by regular mail or hand delivery whenever there is a change in the criteria specified by §C(5) of this regulation and at least every 12 months; (4) A blasting schedule may not be so general as to cover the entire permit area or all working hours but shall identify as accurately as practicable the location of the blasting sites and the time periods when blasting will occur; (5) The blasting schedule shall contain at a minimum: (a) Name, address, and telephone number of permittee, (b) Identification of those specific areas which are not larger than 125 acres each in which blasting will take place, (c) Dates and time periods when explosives are to be detonated, expressed in not more than 5-hour segments, not to exceed an aggregate of 10 hours in any one day, (d) Methods to be used to control access to the blasting area, (e) A description of the audible warnings and all-clear signals to be used before and after blasting; (6) If blasting cannot be conducted in accordance with the published schedule because of weather or other circumstances, the permittee shall notify the Department of the reason and the date and time of blast at least 1 hour before detonation. D. A permittee filing application for a new surface mining operation, or an expansion of the permit area of a surface mining operation permitted before the enactment of these regulations, may not conduct any blasting within the following areas except with the approval of the Department set forth in §E of this regulation; (1) 1,000 feet of any school, church, hospital, nursing facility, or dwelling; (2) 100 feet of any public road or property line; (3) 500 feet of facilities, such as disposal wells, petroleum or gas storage facilities, public water well or water storage facilities, fluid transmission lines, or sewer lines. E. The Department may grant written permission to a permittee, who is subject to the requirement of §D of this regulation, to conduct blasting in the areas set forth in §D based upon the following: (1) The applicant obtains permission to enter appropriate nearby properties and conducts a pre-blast survey, or the applicant documents an offer and the unsuccessful attempts to conduct a pre-blast survey; or (2) The applicant obtains written consent of the owners of all buildings, dwellings, or structures situated within those areas. F. If the Department grants approval the permittee shall notify the owners of properties listed in §D of this regulation in writing with a copy to the Department of the date and place of the blasting. The Department shall keep the written request and approval for a period of 4 years from the date of the blast. G. A permittee may not detonate any explosive that is likely to cause the banks of any stream or other waterway (surface or underground), not otherwise intended to be affected by mining, to rupture causing pollution of waters of the State or alterations to the direction or volume of flow. H. A permittee may not detonate any explosives within 500 feet of an underground mine except with the concurrence of the Mine Safety and Health Administration of the United States Department of Labor. #### Regulation .24 Seismographic Measurements. *COMAR 26.21.01.24* A. When seismographic measurements are required the following shall apply: (1) A record of each blast shall be kept. (2) All records including seismographic reports shall be retained at least 4 years and shall be available for inspection and shall contain the following minimum data: (a) Name of blasting company or blasting contractor; (b) Location, date, and time of blast; (c) Name, signature, Social Security number of blasters; (d) Type of material blasted; (e) Number of holes, burden, and spacing; (f) Diameter and depth of holes; (g) Type of explosives used; (h) Total amount of explosives used; (i) Maximum amount of explosives per delay period of 8 milliseconds or greater; (j) Maximum number of holes per delay period of 8 milliseconds or greater; (k) Method of firing and type of circuit; (l) Direction and distance in feet to nearest dwelling house, public building, school, church, commercial, or institutional building not owned or leased by the person conducting the blasting; (m) Weather conditions (including such factors as wind direction and cloud cover); (n) Height or length of stemming; (o) Mats or other protection used; (p) Type of detonators used and delay periods used; (q) The exact location of the seismograph, and the distance of the seismograph from the blast; (r) Seismographic readings; (s) Name and signature of person operating seismograph; (t) Name of person and the firm analyzing seismographic record. (3) All field seismographs shall record the full analog wave form of the three mutually perpendicular components of motion in terms of particle velocity. All seismographs shall be capable of internal dynamic calibration and shall be calibrated according to the manufacturer's recommendations. B. Official Tables. #### Regulation .25 Landfills. *COMAR 26.21.01.25* A. If any part of the affected land is to be used as a landfill during mining or upon completion of mining, the Department may suspend the reclamation requirements for the area. B. The permittee shall obtain the prior written approval of the Maryland Department of the Environment and any other appropriate State, county, or local agency before engaging in landfilling activities. C. The permittee shall provide a time schedule to the Department for the orderly and timely completion of the landfill. D. Lands used for a landfill shall continue under performance bond for the benefit of the Department until the land is approved by the Department for release. E. The performance bond may be released if the Maryland Department of the Environment or other appropriate regulating agency approves a performance bond that is equal to or greater than the amount of bond held by the Department and if the bond provides that the mined area will be adequately reclaimed. #### Regulation .26 Archaeological Artifacts, Historical Sites, and Threatened and Endangered Species. *COMAR 26.21.01.26* A. An application for a permit shall indicate the existence of known archaeological artifacts, historical sites, threatened or endangered species, or species in need of conservation located within the property to be permitted. Threatened and endangered species are defined in Natural Resources Article, §10-2A-01, Annotated Code of Maryland. Species in need of conservation are listed in COMAR 08.03.08. B. The Department may require an archaeological, historical, threatened and endangered species, or species in need of conservation evaluation of any site before issuance of a surface mining permit. C. In order to prevent or minimize adverse effects on these special State resources, the Department may deny or modify an application for a surface mining permit in any area where the existence of artifacts of archaeological value, historical structures, threatened and endangered species, or species in need of conservation have been documented. #### Regulation .27 Surface Mining Permit Bond or Other Security. *COMAR 26.21.01.27* A. Before the Department may issue a surface mining permit, an applicant shall file a performance bond with the Department in accordance with Environment Article, §15-823, Annotated Code of Maryland. B. Liability under the bond shall be for the duration of the mining permit, and for a period of 5 years after the permit's expiration date. C. The bond shall be released before the time specified in §B of this regulation if the Department determines that the reclamation has been completed in accordance with the permit, the approved mining and reclamation plan, and the topographic map. D. Upon application of the permittee, the Department may make a partial release of the bond in proportion to the amount of land reclaimed as set out in §E of this regulation. E. A site shall be considered reclaimed if all of the following conditions are met: (1) The site has been reclaimed in accordance with the permit, the approved mining and reclamation plan, and topographic map; (2) If vegetation is required, it has been viable for at least two or more growing seasons; (3) 90 percent of the permit area that is required to be vegetated has been successfully vegetated; (4) If the permit area is to be reclaimed as farmland, the operator shall demonstrate that two or more crops have been harvested, and that the crop yield is typical of the area; (5) Any trees that have been planted survive three or more growing seasons. F. The Department may withhold release of the bond or other security for a period not to exceed 3 years from the Department's determination of completion of the reclamation requirements of the mining and reclamation plan in order to verify the success of reclamation, but not longer than the duration of the bond. G. The permittee may request that the Department reduce the amount of the bond during the extended period provided for in §F of this regulation, except that the new bond amount shall be sufficient to cover the cost of performing any additional work necessary to complete the reclamation. H. Bonds may be adjusted upon renewal, modification, or transfer of a permit to maintain the bond at a level sufficient to accomplish the approved mining and reclamation plan. I. The permittee, or the bond issuing entity, shall send a written notice to the Department 90 days before the expiration or maturity date of any surety bond, certificate of deposit, or irrevocable letter of credit. J. A processing plant area may be considered reclaimed and the portion of the bond that applies to that area may be released, if one of the following conditions is met: (1) The plant, except for buildings which are permanent structures, is dismantled and removed from the site, and the site is reclaimed in accordance with the approved mining and reclamation plan and topographic map; or (2) A county or local regulatory agency issues a grading permit or other applicable permit that: (a) Applies to a wash processing plant area, (b) Requires the site to be reclaimed, (c) Requires a bond to be filed with the regulatory agency in an amount sufficient to reclaim the site, and (d) Requires the bond to be used to reclaim the site. K. Any impoundment that results from mining activity and that will remain as part of the final landform shall be constructed or reconstructed in accordance with Environment Article, §5-503, Annotated Code of Maryland, and COMAR 26.17.05 before the bond will be released by the Department. #### Regulation .28 Confidentiality. *COMAR 26.21.01.28* A. Except as provided in §B of this regulation, the Department will not consider the information contained in applications for a surface mining license or surface mining permit and any supporting documents to be confidential, unless the applicant requests that information not be disclosed by the Department in accordance with State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. B. The following information submitted to the Department is confidential and not a matter of public record and may be released only with the written consent of an applicant or permittee: (1) Information pertaining to the volume of mineral produced and the value of product that is submitted on the Annual Mining and Reclamation Report; (2) Information resulting from test borings submitted as a requirement to obtain a surface mining permit. #### Regulation .29 Violations. *COMAR 26.21.01.29* A. In addition to other enforcement remedies provided by law, if the Department has reason to believe that an operation is in violation of the Act, these regulations, or the permit, the Department may issue a site complaint, notice of violation, stop work order, or any combination of these notices. B. Site Complaints and Notices of Violation. (1) A site complaint or notice of violation shall be in writing, signed by an authorized representative of the Department, and shall contain the following: (a) Name of the violator; (b) Factual findings of the Department; (c) Description of the location of the violation; (d) Statute, regulation, or permit condition that the Department believes to have been violated; (e) Description of the remedial measures to be taken and a time limit including a schedule for interim steps; (f) Notice of the opportunity for a hearing. (2) The Department, by written notice, may extend any time limit set by a site complaint or notice of violation for a period not to exceed 90 days from the date of issuance of the site complaint or notice of violation, except upon request and showing by the violator that it is not feasible to abate the violation within 90 days due to one or more of the following circumstances: (a) The violator has timely applied for and diligently pursued necessary approval from the appropriate State, county, and local agencies of designs or plans, but the approval will not be issued within the time required by the Department for reasons not within the control of the permittee; (b) There is a valid judicial order precluding abatement within 90 days; or (c) Climatic conditions preclude abatement within 90 days. (3) The Department will not extend a time limit when the violator's failure to comply within 90 days has been caused by a lack of diligence or intentional delay by the permittee. C. Stop Work Order. (1) The Department may issue a stop work order when it determines that an operation is in violation and that the noncompliance: (a) Involves mining operations being conducted without a permit or license; (b) Involves mining outside the permit area; (c) Involves mining in excess of the maximum area of disturbance specified in the permit; (d) Creates an imminent danger to the health and safety of the public; or (e) Is causing or can reasonably be expected to cause significant environmental harm. (2) The Department may issue a stop work order if a violator has failed to meet the time set for abatement or an interim step specified in a notice of violation. (3) The Department may issue a stop work order for repeated violations of the Act, these regulations, the permit, or the license. (4) A stop work order shall be in writing, signed by an authorized representative of the Department, and shall contain the following: (a) Name of the violator; (b) Factual findings of the Department; (c) Description of the location of the violation; (d) Statute, regulation, or permit condition that the Department believes to have been violated; (e) Description of the remedial measures to be taken and a time limit including a schedule for interim steps; (f) Notice of the opportunity for a hearing. (5) Upon issuance of a stop work order, the violator shall immediately cease all mining activities as specified in the order and shall immediately take steps to abate the violation or violations and to comply with the order provided that reclamation that would not deter compliance shall continue during the period of the stop work order. (6) A stop work order shall remain in effect until the violation has been corrected and until the Department has modified or terminated the stop work order in writing. (7) The Department by written notice may modify or terminate a stop work order for good cause shown. (8) The Department may terminate a stop work order in writing when it determines that all violations in the stop work order have been corrected and that the operation is in compliance with the Act, these regulations, and the permit. (9) Termination of the stop work order does not preclude legal action by the State relating to the present or a subsequent violation. D. Service of Site Complaints, Notices of Violations, and Stop Work Orders. (1) The Department first shall attempt to serve the permittee or the violator if the site is unpermitted. The Department may serve any individual at the site who is an employee or agent of the permittee or violator. Service shall be effective upon tender of a notice or order, and is effective whether or not delivery is accepted. (2) If personal service as set forth in §D(1) of this regulation is not possible, service shall also be effected by mailing a copy of the notice or order by certified mail, return receipt requested, to the address stated on the permit. Service by mail shall be effective upon mailing and is effective whether or not delivery is accepted. #### Regulation .30 Certification of Inspectors. *COMAR 26.21.01.30* A. The Department shall employ qualified inspectors and other personnel to enforce the Act, these regulations, and permit conditions. B. Criteria for qualifying as an inspector shall include the following: (1) A college degree in mining engineering, civil engineering, geology, hydrology, agronomy, forestry, biology, or any of the physical or earth sciences; or (2) A working knowledge of erosion and sediment control technology, health, safety, earth moving, or any other field pertinent to surface mining activities. ### Chapter 02 — Zone of Dewatering Influence **Authority:** Environment Article, §§15-803 and 15-813, Annotated Code of Maryland **Administrative History:** Effective date: May 14, 2001 (28:9 Md. R. 891) #### Regulation .01 Scope. *COMAR 26.21.02.01* The provisions of this chapter, which are in addition to the requirements of COMAR 26.21.01, apply to permit applications for surface mines that: A. Are located in karst terrane, as defined in Environment Article, §15-813, Annotated Code of Maryland, within Baltimore, Carroll, Frederick, and Washington counties; and B. Require a water appropriation permit under Environment Article, §5-502, Annotated Code of Maryland. #### Regulation .02 Definitions. *COMAR 26.21.02.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Carbonate rock” means a rock primarily composed of calcium carbonate or magnesium carbonate. (2) “Dewatering effects” means the lowering of ground water levels as a result of pumping ground water out of a surface mine. (3) “Sinkhole” means a sudden subsidence or collapse of the land surface in an area where the bedrock is comprised of carbonate rock. (4) “Zone of dewatering influence” means an area: (a) Approved by the Department, based on Environment Article, §15-813, Annotated Code of Maryland, around a surface mine in karst terrane; (b) In which dewatering of the surface mine may significantly interfere with water supply wells and may cause sudden subsidence of land; and (c) In which the Department may require the permittee to: (i) Replace water supplies that fail as a result of declining ground water levels; (ii) Repair property damage caused as a result of the sudden subsidence of the surface of the land; or (iii) Pay monetary compensation to the affected property owner if the subsidence cannot be repaired. #### Regulation .03 Permit Conditions. *COMAR 26.21.02.03* A. Monitoring Network. (1) The Department may require the permittee to establish a ground water monitoring observation network in the vicinity of the surface mine. The locations of monitoring points and the frequency of measurements shall be specified by the Department in the permit. (2) Existing and privately owned wells may be a part of the monitoring network if approved by the Department and written consent is given by the property owner. (3) The Department may require the permittee to install monitoring wells. B. The Department may require the permittee to measure stream flow and precipitation on a continuing basis in the vicinity of the surface mine. The locations and frequency of measurement shall be specified by the Department in the permit. C. The Department may require the permittee, when the permittee becomes aware of a sinkhole which occurs on lands located within the zone of dewatering influence, to immediately report the sinkhole to the Department. If a sinkhole occurs within a roadway or creates a public safety hazard, the permittee shall also report the sinkhole to the appropriate authorities. D. The permittee shall maintain liability insurance in the amount of $1,000,000 per occurrence, payable to any property owner for: (1) The full amount of damages resulting from subsidence due to the permittee's mining operation; or (2) Water supply replacement within the zone of dewatering influence. E. The permittee shall develop a water supply replacement plan to provide for replacement of water supplies affected within the zone of dewatering influence. #### Regulation .04 Sinkhole Occurrence Within the Zone of Dewatering Influence. *COMAR 26.21.02.04* A. When the permittee becomes aware that a sinkhole has occurred within a zone of dewatering influence, the permittee shall immediately: (1) Report the occurrence to the Department; and (2) Implement appropriate safety measures to protect the public. B. When a sinkhole occurs within a zone of dewatering influence, the permittee may not knowingly: (1) Leave a sinkhole which occurs within a roadway or creates a public safety hazard unattended until appropriate State or local officials arrive, or (2) Repair the sinkhole without authorization from the Department, unless protection of property or public safety warrants immediate repair. C. Investigation of Reported Sinkholes. (1) The Department shall investigate reported sinkholes to determine their proximate cause. (2) The Department's investigation may include the following: (a) Stratigraphic analysis of the site; (b) Surface and subsurface drainage patterns; (c) Investigation of water tables and usage in the area; (d) Topographic and geologic maps; (e) Dye tracing; (f) Aerial photography analysis; and (g) Any other evidence available to the Department. D. If the Department determines that the proximate cause of sinkhole damage within a zone of dewatering influence is surface mine dewatering, it shall notify the permittee, in writing. Within 14 days of receipt of the Department's notification, the permittee may provide a written response or information to the Department. E. If the permittee does not respond, or responds but the Department does not change its finding of proximate cause, the permittee shall, within 14 days after the Department issues its findings, submit a plan and schedule for repair of the sinkhole damage to the Department for approval, subject to any right to contested case hearing. The repair plan shall ensure future stability and protection of ground water quality. The permittee shall repair real or personal property in accordance with Environment Article, §15-813(e), Annotated Code of Maryland. The permittee shall obtain written approval from the owner of the affected real property before beginning any repair work. F. Damage Assessment and Compensation. (1) If the damage cannot be restored to its presubsidence condition, the permittee shall pay monetary compensation to the property owner. (2) The property owner shall be compensated for the value of the owner's property based upon the difference in the fair market value before the subsidence damage and the fair market value as it exists with the damage. (3) Fair market value shall be established by a certified general appraiser familiar with property values in the area. (4) The permittee shall retain a certified general appraiser who is: (a) Licensed by the Maryland Department of Labor; and (b) Familiar with property values in the area of the affected property. (5) The permittee shall pay the cost of the damage assessment. (6) The property owner shall bear all cost for any independent appraisal if the property owner does not accept the damage assessment as established by the appraisal performed by the certified general appraiser. (7) A copy of the appraisal or appraisals shall be submitted to the Department and the property owner impacted by the damage. (8) The Department shall make the final determination of the damage assessment if the damage assessment established by the property owner's appraisal differs from the damage assessment established by the appraisal performed by the certified general appraiser. G. If the property owner refuses the permittee permission to enter the land to make sinkhole repairs, conduct appraisals, or establish damages, the Department shall notify the property owner that, by refusing to grant the permission, the permittee has no obligation to repair the damage or to pay monetary compensation until permission to enter the land is granted by the property owner. #### Regulation .05 Water Supply Loss Within the Zone of Influence. *COMAR 26.21.02.05* A. Within the Zone of Dewatering Influence. (1) The permittee shall: (a) Notify the Department within 24 hours of any reported or known water supply failure; and (b) File a written report with the Department within 72 hours of the notification that identifies the cause of the water loss and how and when the permittee will replace water supply. (2) The Department may extend the time for filing the report based upon the permittee demonstrating that the delay is due to circumstances beyond the control of the permittee. B. Unless the permittee can demonstrate by clear and convincing evidence that the proximate cause of the water supply loss is not surface mine dewatering, the permittee shall: (1) Immediately provide a temporary water supply until a permanent replacement can be restored; (2) Replace at no cost to the property owner a permanent potable water supply that meets the minimum yield requirements established in COMAR 26.04.04; (3) Notify the property owner that if it is determined by the Department that the permittee's dewatering activity is not the proximate cause of the water supply loss, the cost of water supply replacement is subject to reimbursement by the property owner; (4) Take responsibility for providing adequate testing to verify the potability of the water supply; and (5) File, within 15 days of the completion of replacement, a report detailing the procedures taken to replace the failed water supply. C. If it is determined by the Department that the permittee's dewatering activity is not the proximate cause of the water supply loss, the permittee may seek reimbursement for the cost of the water supply replacement from the affected property owner. D. If the property owner refuses the permittee permission to enter the land to replace water supplies or to conduct investigations to make a determination of the cause of the water supply loss, the Department shall notify the property owner that, by refusing to grant the permission, the permittee has no obligation to replace the water supply until permission to enter the land is granted. #### Regulation .06 Request for Contested Case Hearing. *COMAR 26.21.02.06* A. Water Supply Replacement. (1) Within 14 days of the mailing date of a decision by the Department regarding the replacement of a water supply, an aggrieved party may make a written request for a contested case hearing. (2) The request for a contested case hearing shall be in writing and shall clearly state the reasons for the request and the remedy sought. (3) A request for a contested case hearing does not stay the findings of the Department in regard to water supply replacement. (4) An aggrieved party may request a stay of the final decision of the Department as provided in Environment Article, §5-204(h), Annotated Code of Maryland. B. Sinkhole Damage. (1) Within 14 days of the mailing date of any decision by the Department regarding the repair of a sinkhole, an aggrieved party may make written request for a contested case hearing. (2) The request for a contested case hearing shall be in writing and shall clearly state the reasons for the request and the remedy sought. (3) A request for a contested case hearing does not stay the findings of the Department in regard to sinkhole damage and repair. (4) An aggrieved party may request a stay of the final decision of the Department as provided in Environment Article, §5-204(h), Annotated Code of Maryland. ### Chapter 03 — Public Notice for Existing Permits **Authority:** Environment Article, §§15-803 and 15-813, Annotated Code of Maryland **Administrative History:** Effective date: May 14, 2001 (28:9 Md. R. 891) #### Regulation .01 Scope. *COMAR 26.21.03.01* For surface mining permits issued before the effective date of this regulation, for which the Department is to establish zones of dewatering influence in accordance with Environment Article, §15-812, Annotated Code of Maryland, the Department shall provide public notice and informational hearings in accordance with the provisions of this chapter. #### Regulation .02 Interested Persons List. *COMAR 26.21.03.02* The Department shall compile an interested persons list containing the names of: A. All property owners within and contiguous to the Department's proposed zone of dewatering influence; B. Appropriate local officials; and C. All individuals that comment on, make inquiries about, or provide information about the zone. #### Regulation .03 Public Informational Hearing. *COMAR 26.21.03.03* A. When the Department has made a tentative decision on the areal extent of the zone of dewatering influence, a public informational hearing shall be conducted to discuss the proposed zone. B. The Department shall notify all persons on the interested persons list of the time, date, and location of the public informational hearing a minimum of 14 days before the hearing. The Department shall publish notice of the public informational hearing in a newspaper of general circulation in the county where the surface mine is located a minimum of 14 days before the scheduled public informational hearing. C. The public notice provided under §B of this regulation shall include: (1) The name and location of the surface mine operation; (2) The name, address, and telephone number of the office within the Department from which information regarding the proposed zone of dewatering influence may be obtained; (3) A statement that further notices about the decision of the Department regarding establishment of the zone of dewatering influence will be provided only by mail to those persons on the interested persons list; (4) A description of how persons may submit information or comments about the proposed zone of influence or request to be on the interested persons list; and (5) The date, time, and location of the public informational hearing. #### Regulation .04 Department Decision. *COMAR 26.21.03.04* The Department shall mail written notice of the decision establishing the zone of dewatering influence to: A. The permittee; and B. Persons on the interested persons list. #### Regulation .05 Requests for Contested Case Hearings. *COMAR 26.21.03.05* A person on the interested persons list aggrieved by the decision of the Department regarding establishment of the zone of dewatering influence may request a contested case hearing as provided in Environment Article, §5-204, Annotated Code of Maryland. ### Chapter 04 — Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation **Authority:** Environment Article, §§1-404 and 15-803, Annotated Code of Maryland **Administrative History:** Effective date: December 1, 2008 (35:24 Md. R. 2080) #### Regulation .01 Scope. *COMAR 26.21.04.01* A. The purpose of this chapter is to establish certain requirements pertaining to the use of coal combustion byproducts in the reclamation of a noncoal surface mine. B. Except as otherwise specifically provided in this chapter, this chapter applies to persons engaged in the generation, storage, handling, processing, recycling, or use of coal combustion byproducts that are used or are to be used in the reclamation of a noncoal surface mine. C. Compliance with the provisions of this chapter does not relieve a person from the duty to comply with any other applicable federal, State, and local laws, regulations, and ordinances. #### Regulation .02 Definitions. *COMAR 26.21.04.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Coal Combustion Byproducts. (a) “Coal combustion byproducts” means the residue generated by or resulting from the burning of coal. (b) “Coal combustion byproducts” includes fly ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal burning furnaces and boilers. (c) “Coal combustion byproducts”, in this chapter, does not include flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods. (2) “Department” means the Department of the Environment. (3) “Leachate” means liquid that: (a) Has percolated through, has drained from, or has been generated by coal combustion byproducts; and (b) Has extracted dissolved material, miscible material, suspended material, or all of these from the coal combustion byproducts. (4) “Monitoring plan” means the ground water and surface water monitoring plan described in Regulation .07 of this chapter. (5) “Monitoring well” means any hole made in the ground to examine ground water. (6) “Owner” means a person who owns a site or any part of a site. (7) “Permeability” means the hydraulic conductivity of a media relative to water at standard temperature, unit hydraulic gradient, and a kinematic viscosity of 1.0 centipoise, irrespective of media thickness. (8) “Permittee” means a person that: (a) Holds a valid permit to conduct surface mining and reclamation operations under Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland, that includes the use of coal combustion byproducts for mine reclamation; (b) Holds a valid permit to conduct surface mining and reclamation operations under Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland, and is applying for a permit modification to use coal combustion byproducts for mine reclamation; or (c) Is applying for a permit to conduct surface mining and reclamation operations under Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland, and proposes to use coal combustion byproducts for mine reclamation. (9) “Person” means an individual, corporation, company, association, society, firm, partnership, joint venture, joint stock company, or other entity, or a federal, State, or local government or governmental unit, or any political subdivision of this State or any of its agencies or instrumentalities. (10) “Pozzolan” has the meaning stated in Environment Article, §15-407, Annotated Code of Maryland. (11) “Runoff” means any rainwater, leachate, or other liquid that drains over land from any part of a site. (12) “Run-on” means any rainwater, leachate, or other liquid that drains over land onto any part of a site. (13) “Site” means a noncoal surface mine where coal combustion byproducts are used, or are proposed to be used, for reclamation of the surface mine, including areas contiguous to the mine, which are covered by the surface mining permit. (14) “Sludge” means any solid, semi-solid or liquid waste generated by a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, including sewage sludge but exclusive of the treated effluent from a wastewater treatment plant. (15) “State” means the State of Maryland. (16) “TCLP” means Toxicity Characteristic Leaching Procedure. #### Regulation .03 Authorization of Use and General Requirements. *COMAR 26.21.04.03* A. Authorization of Use. (1) Coal combustion byproducts may be used in the reclamation of a permitted noncoal surface mine only when approved by the Department. (2) The Department shall review and approve the use as part of a permit review or permit modification in accordance with this chapter and in accordance with the applicable provisions of Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland, and COMAR 26.21. B. General Requirements. (1) Flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods that are generated by the combustion of coal may not be used in the reclamation of a noncoal surface mine. (2) The use of coal combustion byproducts in the reclamation of a noncoal surface mine shall be designed to prevent the degradation of water quality. (3) Coal combustion byproducts containing a constituent at a level exceeding the TCLP toxicity limits defined in 40 CFR §261.24 may not be used in the reclamation of a noncoal surface mine. (4) To minimize leachate generation, coal combustion byproducts used in noncoal surface mine reclamation shall be placed in layers and compacted to at least 90 percent of its maximum dry density based on ASTM D698 (Standard Proctor), or to a permeability of less than 10-5 centimeters/second. Thickness of each layer may not be greater than 12 inches. (5) Final grade of a site after reclamation may not exceed approximate pre-mining contours at the site, except where post-mining land use requires minimal variation and is approved by the Department. (6) Coal combustion byproducts may not be placed in ground or surface waters and may not be placed within 3 feet of the maximum expected ground water elevation at the site, unless the Department approves otherwise upon a demonstration that ground water contamination will not occur. (7) The area of exposed coal combustion byproducts at a site shall be minimized and may not exceed 5 acres unless approved by the Department. (8) Coal combustion byproducts at a site shall be immediately placed and compacted and may not be stockpiled. (9) If placement of coal combustion byproducts is halted for more than 15 days, the coal combustion byproducts shall be covered to prevent infiltration of ground or surface water. (10) Adequate measures shall be taken to minimize dust at a site as follows: (a) A person shall control dust by moisture-conditioning the coal combustion byproducts before they leave the coal combustion byproducts generating facility, or by handling them in sealed containers designed for transportation of powdery solids and moisture-conditioning them prior to off-loading them to the ground; (b) A person shall control dust by spreading and compacting the coal combustion byproducts upon arrival at a site; (c) A person may not store uncompacted coal combustion byproducts at a site; (d) A water truck shall be available to add water at a site as needed for fugitive dust control; and (e) The Department may require other measures it considers necessary to protect public health and the environment. (11) Only coal combustion byproducts obtained from sources approved by the Department may be used at a site. (12) Coal combustion byproducts may not be placed within 200 feet of any lands not owned by the permittee or owner. (13) A permittee shall implement an erosion and sediment control plan that satisfies the requirements of Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland, and COMAR 26.17.01. (14) A permittee shall provide a minimum of two upgradient and two downgradient monitoring wells at a site. The Department may require additional monitoring wells based upon site conditions. Monitoring wells shall be constructed and installed by a State-licensed well driller in accordance with COMAR 26.04.04. The well screen or slotted casing shall extend from the seasonally high water table downward a minimum of 15 feet. (15) A permittee shall comply with all other permits and approvals required by the Department. #### Regulation .04 Application for Use. *COMAR 26.21.04.04* A. Before using coal combustion byproducts in the reclamation of a noncoal surface mine, a permittee shall submit to the Department for review and approval an application and comprehensive plans for the reclamation project, including, but not limited to, plans for the development and implementation of a leachate control and collection system. B. The Department shall review and, if acceptable, approve the application and plans before the use of the coal combustion byproducts. C. The plans shall contain the following at a minimum: (1) A completed and signed application on a form provided by the Department; (2) A comprehensive physical and chemical description of the coal combustion byproducts to be used for reclamation at the site, including: (a) Identification of the source of the coal combustion byproducts; (b) The amounts of coal combustion byproducts proposed to be used in the reclamation; and (c) The characterization report required by Regulation .05 of this chapter; (3) A topographic map which is an accurate depiction of the site at the time the application is filed, prepared to a scale not smaller than 1 inch equals 100 feet, which depicts the property boundaries, on-site buildings and structures, and obvious surficial features, including but not limited to: (a) Current and proposed affected lands; (b) Springs and seeps; (c) Streams, whether intermittent or perennial; (d) Rock outcrops; (e) Sink holes; (f) Surface impoundments; (g) Existing wells within 1,250 feet of the boundaries of the site; (h) 100-year flood plain and any nontidal wetlands; (i) Forested or other vegetated areas; and (j) The location of any buried or overhead power transmission lines, utility pipelines, or storage tanks on the site; (4) A discussion of the geologic formations directly underlying and in close proximity to the site; (5) Ground water elevation data from the site and a prediction of the maximum expected ground water elevation at the site, including an explanation of how the ground water elevation estimates were derived; (6) Geologic cross sections of the site in sufficient detail and orientation to clearly identify subsurface conditions; (7) Representative background ground water quality data from monitoring wells identified by the Department for the parameters set forth in Table I in Regulation 07A of this regulation, or other parameters required by the Department; (8) Test boring logs, well completion reports, piezometric measurements, chemical or physical soil analyses, or both, and accompanying geotechnical analyses; (9) A description of how coal combustion byproducts will be placed, including a detailed description of fill construction and phasing; (10) A map or drawing depicting the initial and final grades of the site after completion of coal combustion byproduct placement; (11) A discussion of the projected future use of the site; (12) The volume and type of available cover material to be used; (13) Means of controlling access to the site; (14) Proposed operating procedures, including: (a) Hours of operation; (b) Necessary equipment to handle materials delivered to the site; (c) Means to control dust and wind erosion; (d) Means to control dust and wind erosion; and (e) Procedures to be followed upon delivery of the coal combustion byproducts; (15) Methods of controlling runoff or run-on to the site and a detailed description of the sediment and erosion control system to be implemented, which shall satisfy the requirements of Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland, and COMAR 26.09.01; (16) A description of proposed methods of covering and stabilizing completed areas; (17) A description, including flow diagrams, of the processes generating leachate, including raw materials, intermediate byproducts, final products, and process streams; (18) A description of the design features and systems intended to protect ground water from leachate, including a detailed description of the proposed liner and leachate collection system; (19) A discussion as to how leachate will be collected, removed from the site, and ultimately disposed of; (20) A description of quality assurance/quality control protocols; (21) A monitoring plan as described in Regulation .07 of this chapter; and (22) Other information as may be required by the Department. #### Regulation .05 Initial and Ongoing Characterization. *COMAR 26.21.04.05* A. A person who uses or intends to use, or gives, sells, or otherwise provides for use, coal combustion byproducts for noncoal surface mine reclamation shall develop and implement a sampling plan, using a methodology acceptable to the Department for the initial characterization of the coal combustion byproducts. B. The sampling plan shall include the following: (1) A list of the parameters to be analyzed and their detection limits (Practical Quantitation Limits—PQL), which shall include, at a minimum, the following: (2) A description of analytical methods to be used in the characterization, which is subject to the approval of the Department; and (3) Other information as may be required by the Department. C. Coal combustion byproducts shall be characterized in accordance with the sampling plan developed under §A of this regulation at least one time per calendar year. D. Laboratory results from the initial and ongoing characterizations of the coal combustion byproducts shall be submitted to the Department and to any recipients of the coal combustion byproducts. E. If there is a change in the raw materials or processes that generate the coal combustion byproducts, the generator of the coal combustion byproducts shall characterize the byproducts in accordance with the sampling plan and submit the results to the Department. All subsequent characterizations shall include any additional parameters found in the coal combustion byproducts. #### Regulation .06 Leachate Control and Collection. *COMAR 26.21.04.06* A. Minimum Requirements. (1) The use of coal combustion byproducts in the reclamation of a noncoal surface mine requires the installation of a liner and leachate control and collection system that meets the minimum requirements of this section. (2) A liner system shall be designed, constructed, and installed to facilitate collection of leachate generated from the coal combustion byproducts to prevent migration of pollutants to the adjacent subsurface soil, ground water, or surface water. The subbase referenced below shall be constructed of natural earthen materials which are excavated from on the site or which are imported from another location, or of a synthetic or manufactured membrane material. The liner system shall be: (a) Constructed of materials that have sufficient strength and thickness to prevent failure due to pressure gradients, physical contact with the coal combustion byproducts or leachate, climatic conditions, the stress of installation, and the stress of daily operation; (b) Constructed of one or more unreinforced synthetic membranes with a combined minimum thickness of 50 mil, or a single reinforced synthetic membrane with a minimum thickness of 30 mil, which has a permeability less than or equal to 1 × 10-10 centimeters/second, placed over a prepared subbase with a minimum thickness of 2 feet and a permeability less than or equal to 1 × 10-5 centimeters/second, unless the Department authorizes the installation of a liner system with specifications different than those listed in this paragraph only upon a successful demonstration by the permittee that: (i) The alternate system is capable of collecting and managing the leachate generated at the site; and (ii) The liner system provides an equivalent level of protection to public health and the environment; (c) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, uplift, puncture, cutting, or activities at the site; (d) Installed to cover all surrounding earth likely to be in contact with the coal combustion byproducts or leachate; (e) Installed with a minimum slope of 2 percent to facilitate movement of leachate towards the leachate collection system and prevent leachate from ponding on the fill floor; and (f) Located entirely above the composite high water table and bedrock, with a minimum buffer distance of 3 feet between the bedrock elevation and the maximum expected ground water elevation, and the bottom of the liner system including the thickness of the prepared subbase. (3) A leachate collection and removal system, located immediately above the liner shall be designed, constructed, maintained, and operated to collect and remove leachate generated from the coal combustion byproducts. The leachate collection and removal system shall be: (a) Constructed of materials that are chemically resistant to the coal combustion byproducts and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying coal combustion byproducts, cover and other materials, and by any equipment used at the site; (b) Designed and operated to function without clogging; and (c) Designed and operated to ensure that the leachate depth over the liner does not exceed 12 inches. B. Based on site conditions, the size and design of the project, and other considerations as determined by the Department, the Department may require other liner and leachate control and collection requirements it considers necessary to protect public health and the environment. #### Regulation .07 Monitoring. *COMAR 26.21.04.07* A. A person who proposes to use coal combustion byproducts in the reclamation of a noncoal surface mine shall submit a monitoring plan to the Department for review and approval. B. The monitoring plan shall be prepared in accordance with the following requirements and include at least the following information: (1) A description of a system for monitoring the quality of the waters of the State around and beneath the site, including: (a) A description of the number, location, and types of monitoring wells and sampling stations; (b) The methods of construction of the monitoring wells; and (c) A monitoring well location map; (2) A schedule for the frequency of the analyses; (3) A description of sampling and analyses procedures; (4) A list of parameters to be monitored; (5) A schedule of reporting periods; and (6) Other information as the Department may require. C. Monitoring and Reporting Requirements. (1) A permittee shall submit to the Department a report on water quality on at least a quarterly basis, or at such other times as outlined in the approved monitoring plan, containing summary and interpretative discussion of all analyses of the chemical quality of ground water from all of the monitoring wells and all of the surface water monitoring points specified in the approved monitoring plan. (2) The quarterly report on water quality shall be submitted to the Department within 30 days of the close of each quarter unless an alternative schedule is specified in the approved monitoring plan. (3) Sampling shall occur monthly unless an alternative schedule is included in the approved monitoring plan. (4) A permittee shall arrange for a qualified ground water scientist to sample, or to oversee qualified environmental technicians who sample, the monitoring wells. (5) The parameters to be measured and their Practical Quantitation Limits (PQL) are listed in Table I of this regulation. The Department may require and approve an alternative or additional list of parameters or an alternative PQL for any parameter. (6) The sampling, sample handling, analyses and reporting of analytical parameters shall be performed in accordance with the approved monitoring plan. (7) A permittee shall arrange for a qualified independent laboratory or which is otherwise acceptable to the Department to perform the analyses. (8) A permittee shall arrange for a qualified ground water scientist or professional to evaluate the results and advise the permittee of any changes in water quality or any exceedance of a State or federal drinking water or ground water quality standard. (9) A permittee shall include a complete copy of the laboratory data, and the qualified ground water scientist or professional's interpretive findings in each report. (10) If analytical results from samples collected from any sources associated with a site or surrounding properties exceed a State or federal drinking water or ground water quality standard for the first time, a permittee shall notify the Department within 24 hours of receipt of the analytical data detecting the occurrence. Thereafter, if there is a significant increase above a State or federal drinking water or ground water quality standard, a permittee shall notify the Department within 24 hours of receipt of the analytical data detecting this occurrence. (11) Upon detection of the exceedance of a State or federal drinking water or ground water quality standard for the first time, a permittee shall immediately resample each monitoring point in which the standard was exceeded to verify the initial detection. This resampling shall occur as soon as possible. If circumstances make immediate resampling impossible, the permittee shall notify the Department of the circumstances, and the Department may approve a longer period for resampling which shall be not later than 30 days following notification of a permittee of the initial exceedance. (12) If the exceedance continues beyond the 30-day resampling period, a permittee shall submit a noncompliance report to the Department within 5 days, and notify the local health department of the exceedance. The Department may require a permittee to submit a clean up and containment plan or take such other action as it considers necessary to address the exceedance. (13) All data for each monitoring well shall be summarized and presented in time series format. The data for each monitoring well shall be presented on a chart so that the water quality data for each parameter for each well can be observed simultaneously. (14) All “J” values shall be reported. “J” values are analytical results that are below the PQL but can be estimated. (15) Each report on water quality shall include a time series analysis of the data. The historical data from each monitoring well shall be presented in a tabular form in each report. The discussion shall emphasize historical trends in the data. (16) Each report shall include a status report of the amount of coal combustion byproducts placed to date and within the last quarter, the status of reclamation within the permit area, and a summary of any complaints received within the last quarter. (17) Each report shall include a TCLP analysis, or other test approved by the Department analyzing the chemical characteristics of the coal combustion byproducts. (18) The Department may require that a permittee conduct surface water monitoring if streams, springs, or other surface water features are identified. (19) Based on site conditions, the size and design of the project, and other considerations as determined by the Department, the Department may require other ground water and surface water monitoring requirements it considers necessary to protect public health and the environment. D. Table I—Monitoring Parameters. #### Regulation .08 Closure. *COMAR 26.21.04.08* A. Minimum Design Features. (1) As each section of the mine reclamation using coal combustion byproducts is completed, the section shall be closed using the minimum design features specified in this regulation, unless otherwise approved by the Department. (2) Low Permeability Layer. A low permeability cap shall be emplaced over the filled area. The cap material shall consist of synthetic material with a minimum thickness of 20 mil and a maximum permeability of 1 × 10-10 centimeters/second, or a minimum of 1 foot of clay or other natural fine-grained material having an in-place permeability less than or equal to 1 × 10-7 centimeters/second. The cap shall be installed with a minimum slope of 4 percent to facilitate drainage of percolate. The cap shall be placed on a bedding that is free of rocks, roots, and other injurious materials. (3) Drainage Layer. A drainage layer with a minimum thickness of 6 inches shall be emplaced immediately above the low permeability cap. Acceptable drainage layer material shall include clean sand or other natural coarse grained material with an in-place permeability greater than 1 × 10-3 centimeters/second adequate to remove water from above the low permeability layer sufficiently quickly that the overlying protective layers remain stable. The drainage layer shall be free of materials which may puncture or otherwise jeopardize the integrity of the low permeability cap. Commercially available filter fabrics, when used in conjunction with synthetic drainage blankets, may serve instead of the fine material, provided that the Department reviews and approves the selected materials and design configuration. (4) Soil Cover. A final earthen cover shall be placed over the drainage layer. The minimum cover thickness shall be 2 feet. The minimum cover slope shall be 4 percent to facilitate surface drainage from the site. The cover material shall contain sufficient organic material and nutrients to sustain a vegetative cover over time. Topsoil, or topsoil created using sewage sludge, and less select soils as authorized by COMAR 26.04.06, shall constitute acceptable final cover. (5) Vegetative Stabilization. Within 30 days after the final earthen cover has been installed, the area shall be vegetatively stabilized using a perennial cover species as specified in the mining and reclamation plan. B. Based on site conditions, the size and design of the project, and other considerations as determined by the Department, the Department may require other closure requirements it considers necessary to protect public health and the environment. #### Regulation .09 Post-Closure Monitoring and Maintenance. *COMAR 26.21.04.09* A. A permittee shall conduct post-closure monitoring and maintenance of a permitted site as specified in this regulation for a period of time not less than 5 years after the complete installation of the closure cap under Regulation .08 of this chapter. This time period may be extended by the Department if the Department determines an extension is necessary under §F of this regulation. B. A permittee shall conduct all leachate management activities necessary to insure that no discharge of leachate to the ground water or unauthorized discharge to surface water occurs during the post-closure period. C. Inspections. A permittee or a permittee's authorized representative shall inspect a closed site at least twice a year. The inspection shall include: (1) Observation of the cover at the site; (2) Notation of any drainage irregularities or signs of erosion of the cover; (3) Notation of any surface expressions of leachate at the site; and (4) Checking the status of the monitoring wells. D. Maintenance. A permittee shall correct irregularities or problems noted during an inspection within 30 days of their observance unless otherwise directed by the Department. E. Reporting and Record Keeping. A permittee shall record and report to the Department within 60 days of an inspection the results of the inspection. A permittee of a site shall maintain copies of the results of inspections on file at an accessible location for a period of 5 years following closure of the site. F. Environmental Monitoring. (1) A permittee shall conduct ground water and surface water monitoring in accordance with the monitoring plan under Regulation .07 of this chapter for a period of at least 5 years following closure of a site. (2) The time period specified under §F(1) of this regulation may be extended by the Department: (a) If results of monitoring indicate that a possible impact on water quality caused by the surface mine reclamation is or may be occurring; (b) If the ground water flow regime and disposition of the monitoring system is such that the monitoring system may not yet have detected any changes if they have occurred; (c) If significant maintenance situations occur at a site during the 5 year period after closure; or (d) For other good cause. G. If post-reclamation land use includes development of a site, a permittee shall submit to the Department for review and approval an operations plan for disturbance of the closure cap and to verify the integrity of the liner and leachate collection system. H. The Department may retain the full surface mine bond required under Environment Article, §15-823, Annotated Code of Maryland, until the Department is satisfied that no offsite impacts from the coal combustion byproducts will occur. In making this determination, the Department shall consider the monitoring and post-closure monitoring results reported by the permittee pursuant to Regulations .07 and .09 of this chapter. #### Regulation .10 Drinking Water Supply. *COMAR 26.21.04.10* Based upon monitoring data, if a drinking water supply is impacted as determined by the Department during active operation or during post-closure up to the time of bond release, a permittee shall: A. Immediately provide a temporary potable water supply as directed by the Department until a permanent replacement is restored or replaced; and B. Replace at no cost to affected persons a permanent potable water supply that meets the minimum yield requirements established in COMAR 26.04.04. #### Regulation .11 Coordinated Review. *COMAR 26.21.04.11* The Department shall coordinate the review of an application for the use of coal combustion byproducts in noncoal surface mine reclamation with all relevant Department administrations. The Department may seek comment and advice from other agencies as it considers appropriate. #### Regulation .12 Unauthorized Use of Coal Combustion Byproducts. *COMAR 26.21.04.12* A use of coal combustion byproducts in a noncoal surface mine reclamation operation that is not in compliance with the provisions of this chapter as determined by the Department may be a disposal of a solid waste as determined by the Department and subject to all applicable laws and regulations governing the disposal of a solid waste, including applicable permit requirements of the Department.