<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 26.21.02.04" title_num="26" subtitle_num="21" chapter_num="02" heading="Sinkhole Occurrence Within the Zone of Dewatering Influence.">
  <paragraph num="A.">
    <text>When the permittee becomes aware that a sinkhole has occurred within a zone of dewatering influence, the permittee shall immediately:</text>
    <paragraph num="(1)">
      <text>Report the occurrence to the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Implement appropriate safety measures to protect the public.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>When a sinkhole occurs within a zone of dewatering influence, the permittee may not knowingly:</text>
    <paragraph num="(1)">
      <text>Leave a sinkhole which occurs within a roadway or creates a public safety hazard unattended until appropriate State or local officials arrive, or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Repair the sinkhole without authorization from the Department, unless protection of property or public safety warrants immediate repair.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Investigation of Reported Sinkholes.</text>
    <paragraph num="(1)">
      <text>The Department shall investigate reported sinkholes to determine their proximate cause.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department's investigation may include the following:</text>
      <paragraph num="(a)">
        <text>Stratigraphic analysis of the site;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Surface and subsurface drainage patterns;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Investigation of water tables and usage in the area;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Topographic and geologic maps;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Dye tracing;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Aerial photography analysis; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Any other evidence available to the Department.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Damage Assessment and Compensation.</text>
    <paragraph num="(1)">
      <text>If the damage cannot be restored to its presubsidence condition, the permittee shall pay monetary compensation to the property owner.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Fair market value shall be established by a certified general appraiser familiar with property values in the area.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The permittee shall retain a certified general appraiser who is:</text>
      <paragraph num="(a)">
        <text>Licensed by the Maryland Department of Labor; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Familiar with property values in the area of the affected property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The permittee shall pay the cost of the damage assessment.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A copy of the appraisal or appraisals shall be submitted to the Department and the property owner impacted by the damage.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>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.</text>
  </paragraph>
</regulation>