# COMAR Title 27 — Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

## Subtitle 01 — Criteria for Local Critical Area Program Development

### Chapter 07 — Surface Mining in the Critical Area

#### Regulation .01 Definitions.

*COMAR 27.01.07.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Affected land” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

  (2) “Borrow pit” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

  (3) “Mineral” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

  (4) “Overburden” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

  (5) “Reclamation” means:

    (a) The protection of a natural resource that is located in an area adjacent to a surface mining activity, including a forest, wildlife habitat, waterbody, and wetland; and

    (b) The reasonable rehabilitation of affected land for a useful purpose.

  (6) “Spoil pile” has the meaning stated in Environment Article, §15-801, Annotated Code of Maryland.

  (7) Surface Mining.

    (a) “Surface mining” means:

      (i) The breaking of surface soil located in the Critical Area in order to extract or remove a mineral;

      (ii) An activity or process that is part of the method of extraction or removal of a mineral from its original location in the Critical Area; and

      (iii) The extraction or removal of sand, gravel, rock, stone, earth, or fill from a borrow pit for the purpose of constructing a road or another public facility.

    (b) “Surface mining” includes:

      (i) An activity related to the processing of a mineral at the site of extraction or removal;

      (ii) Extraction or removal of overburden and mining of a limited amount of a mineral when done for the purpose of prospecting, to the extent necessary, for the purpose of determining the location, quantity, or quality of a natural deposit; and

      (iii) A mining activity.

    (c) “Surface mining” does not include an activity or process that is excluded under the provisions of Environment Article, §15-807, Annotated Code of Maryland, or COMAR 26.21.01.08.

  (8) Wash Plant.

    (a) “Wash plant” means a facility where sand or gravel is washed during processing.

    (b) “Wash plant” includes a stockpile, a wash pond, and related washing equipment.