Chapter 02. Zone of Dewatering Influence
Regulation .01 Scope.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.
§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.
§5-204(h), Annotated Code of Maryland.
Chapter annotations
Authority: Environment Article, §§15-803 and 15-813, Annotated Code of Maryland
History: Effective date: May 14, 2001 (28:9 Md. R. 891)