Regulation .08-3 Surface Mining — Criteria.
Regulation .08-3 Surface Mining — Criteria.LinkCopy Citation
When surface mining occurs on State-owned land, the agency administering the land shall:
A.
Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:
(1)
In accordance with the provisions of COMAR 27.01.09, a habitat protection area;
(2)
An area where highly erodible soil exists; and
(3)
An area that is within 100 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream, unless:
(a)
A license, permit, or other approval to conduct a specific aspect of surface mining was issued before June 11, 1988; and
(b)
If expansion of the scope or size of the surface mining activity has occurred since June 11, 1988, the expansion complies with State law and local program requirements;
B.
Require the reclamation of a wash pond in accordance with State law and local program requirements;
C.
Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09; and
D.
If applicable, ensure that a lessee of the affected land obtains all licenses, permits, and other approvals in accordance with State law and local program requirements.