# COMAR Title 26 — Department of the Environment

## Subtitle 21 — Mining

### 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.