Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.10 - Areas Where Mining is Prohibited or Limited › Section 26.20.10.07 - Decision on Valid Existing Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau shall review the information
				  submitted under Regulation .05 of this chapter, the comments received under
				  Regulation .06 of this chapter, and any other reasonably available information
				  to determine whether the record is sufficiently complete and adequate to
				  support a decision on the merits of the request for valid existing rights. The
				  Bureau shall notify the applicant, in writing, if it determines the record is
				  inadequate, providing an explanation of the inadequacy and requesting the
				  submittal of additional information that is necessary to complete the record.
				  The notice shall require the requested information to be submitted within 30
				  days from receipt of the notice.
B.
				  When the record is complete and adequate, the Bureau shall determine whether
				  the request submitted under Regulation .05 of this chapter has demonstrated
				  valid existing rights. The Bureau's decision shall be in writing and contain
				  findings of fact and conclusions sufficient to justify the decision.
C. The Bureau shall issue a determination
				  that valid existing rights have not been demonstrated if the property rights
				  claims are the subject of pending litigation in a court or administrative body
				  with jurisdiction over the property rights in question. The determination shall
				  be made without prejudice. The request may be refiled when the property rights
				  dispute is finally adjudicated. This section only applies to legal action that
				  is initiated as of the closing date of the comment period under Regulation .06D
				  and F of this chapter.
D. If the
				  record of the request indicates disagreement as to the accuracy of the property
				  rights claims, but is not the subject of any pending litigation, the Bureau
				  shall evaluate the merits of the information in the record and determine
				  whether a demonstration of valid existing rights has been made. The Bureau
				  shall issue a decision in accordance with §B of this regulation.
E. The Bureau shall issue a determination
				  that valid existing rights have not been demonstrated if any of the information
				  requested under §A of this regulation is not submitted within 30 days from
				  receipt of the notice. This determination is made without prejudice and a
				  revised request may be refiled at any time.
F. After making a determination under this
				  regulation, the Bureau shall:
(1) Require the
				  person requesting the determination to publish notice in a newspaper of general
				  circulation in the county in which the land is located and provide a copy of
				  the published notice to the Bureau; and
(2) Provide a copy of the determination and
				  an explanation of appeal rights to:
(a) The
				  person requesting the determination;
(b) The owner or owners of the land to which
				  the determination applies;
(c) The
				  owners of the feature causing the land to come under the protection of
				  Regulation .01B(7) of this chapter; and
(d) When applicable, to the agency with
				  primary jurisdiction over the feature with respect to the values that caused
				  the land to come under the protection of Regulation .01B(7) of this
				  chapter.