reglab/statecodes huggingface dataset:
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 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.18 - Deep Mine Applications

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the applicable requirements of this chapter,
					 an application for a deep mine permit shall also contain the following:
A. An application fee of $200;
B. Copies of other permits required by the
				  Department in order to engage in the proposed operation;
C. The names of the owners of the minerals to
				  be removed, including reference to the deeds or leases whereby the mineral
				  rights have been acquired, and copies of the documents, if requested by the
				  Bureau;
D. A map of the proposed
				  underground portion of the affected area at a scale of 1 inch to 500 feet,
				  unless a different scale is approved by the Bureau, which clearly identifies
				  the following:
(1) The boundaries of the
				  proposed affected area for which the applicant has the legal right to conduct
				  underground coal mining operations,
(2) The number of acres in the affected area,
				  including a breakdown of the acreage by property owner,
(3) The boundaries of surface properties and
				  the names and addresses of the owners of the surface within the affected area
				  and within 1,000 feet of the affected area,
(4) The location of active, plugged, or
				  abandoned oil, gas, and water wells and springs within the proposed affected
				  area and within 1,000 feet of the proposed affected area, including the names
				  and addresses of the owners,
(5)
				  The location of all known test borings, and
(6) The location and name, if known, of
				  streams and other bodies of water, roads, railroads, public buildings,
				  churches, cemeteries, and major fluid, gas, and utility transmission lines
				  within the affected area and within 1,000 feet of the affected area;
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These requirements are in addition to the general
					 requirements contained in COMAR 26.20.02.
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.03 - Mountaintop Removal Mining

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies to any person who conducts or intends to conduct surface
				  mining activities by mountaintop removal mining. "Mountaintop removal mining"
				  means surface mining activities where the mining operation removes an entire
				  coal seam or seams running through the upper fraction of a mountain, ridge, or
				  hill (except where an outcrop barrier, consisting of the lowest coal seam and
				  its associated overburden, is required to be retained by the Bureau) by
				  removing substantially all of the overburden off the bench, and creating a
				  level plateau or a gently rolling contour, with no highwalls remaining, and
				  which is capable of supporting postmining land uses in accordance with the
				  requirements of this regulation.
B.
				  The Bureau will not issue a permit for mountaintop removal mining, unless it
				  first finds, in writing, that the following requirements are met:
(1) The proposed postmining land use of the
				  lands to be affected will be an industrial, commercial, agricultural,
				  residential, or public facility (including recreational facilities) use, and,
				  if after consultation with the appropriate land-use planning agencies, the
				  proposed land use is deemed to constitute an equal or better economic or public
				  use of the affected land compared with the pre-mining use, then:
(a) The applicant demonstrates compliance
				  with the requirement for acceptable alternative postmining land uses,
(b) The proposed use would be compatible with
				  adjacent land uses and existing State and local land use plans and programs,
				  and
(c) The Bureau has provided, in
				  writing, an opportunity of not more than 60 days to review and comment on the
				  proposed use, to the commissioners of the county in whose jurisdiction the land
				  is located and any State or federal agencies which have any interest in the
				  proposed use;
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.04 - Steep Slope Mining

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies to any person who conducts or intends to conduct steep slope
				  surface coal mining and reclamation operations. "Steep slope" means any slope
				  of 20 degrees or more. This regulation does not apply to operations on
				  predominantly flat or gently rolling terrain, but on which an occasional steep
				  slope is encountered as the mining operation proceeds.
B. The Bureau will not issue a permit for
				  surface mining activities on slopes of 20 degrees or more unless the
				  application contains sufficient information to demonstrate that the following
				  requirements will be met:
(1) The mining
				  operation will be conducted on lands containing a previously orphaned surface
				  or deep mining operation;
(2) The
				  Land Reclamation Committee finds that the land can be restored to its original
				  contour; and
(3) The Bureau finds,
				  in writing, that in addition to meeting all other requirements of the
				  Regulatory Program, the operation will be conducted in accordance with the
				  requirements for operations on steep slopes, as contained in COMAR
				  26.20.24.04 a.
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.05 - Prime Farmlands

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies to any person who conducts or intends to conduct surface
				  coal mining and reclamation operations on prime farmland historically used for
				  cropland. Nothing in this regulation applies to any permit issued before August
				  3, 1977, or to any revisions or renewals of it, or to any existing surface
				  mining operations for which a permit was issued before August 3,
				  1977.
B. All permit applications
				  shall include the results of a reconnaissance inspection of the proposed permit
				  area to indicate whether prime farmland exists. The Bureau in consultation with
				  the U.S. Soil Conservation Service shall determine the nature and extent of the
				  reconnaissance inspection.
C. If
				  the reconnaissance inspection establishes that land not within the proposed
				  permit area may be prime farmland historically used for cropland, the applicant
				  shall submit a statement that no prime farmland is present. The statement shall
				  identify the basis upon which such a conclusion was reached.
D. If the reconnaissance inspection indicates
				  that land within the proposed permit area may be prime farmland historically
				  used for cropland, the applicant shall determine if a soil survey exists for
				  those lands and whether soil mapping units in the proposed permit area have
				  been designated as prime farmland.
E. If a soil survey does not exist, the
				  applicant shall have a soil survey made of the lands within the proposed permit
				  area which the reconnaissance inspection indicates could be prime farmland.
				  Soil surveys of the detail used by the U.S. Soil Conservation Service for
				  operational conservation planning shall be used to identify and locate prime
				  farmland.
F. If the soil survey
				  indicates that prime farmland soils are:
(1)
				  Not present within the proposed permit area, §C of this regulation shall apply;
				  or
(2) Present within the proposed
				  permit area, §E of this regulation shall apply.
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.06 - Variances for Delay in Contemporaneous Reclamation Requirement in Combined Surface and Underground Mining Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to any person who
				  conducts or intends to conduct combined surface mining activities and
				  underground mining activities, where contemporaneous reclamation is not
				  practicable and a delay is requested to allow underground mining activities to
				  be conducted before the reclamation operation for the surface mining activities
				  can be completed. In general, delay in reclamation of surface mining activities
				  will be permitted, if that delay will allow underground mining activities to be
				  conducted to ensure both maximum practical recovery of coal resources and to
				  avoid multiple future disturbances of surface land or waters.
B. Any person who desires to obtain a
				  variance under this regulation shall file with the Bureau complete applications
				  for both the surface mining activities and underground mining activities which
				  are to be combined. The mining and reclamation operation plans for these
				  permits shall contain appropriate narratives, maps, and plans, which:
(1) Show why the proposed underground mining
				  activities are necessary or desirable to assure maximum practical recovery of
				  coal;
(2) Show how multiple future
				  disturbances of surface lands or waters will be avoided;
(3) Identify the specific surface areas for
				  which a variance is sought and the particular section of the Regulatory Program
				  from which a variance is being sought;
(4) Show how the activities will comply with
				  the requirements under COMAR
				  26.20.24.07 a for concurrent
				  surface and underground mining and other applicable requirements of the
				  Regulatory Program;
(5) Show why
				  the variance sought is necessary for the implementation of the proposed
				  underground mining activities;
(6)
				  Provide an assessment of the adverse environmental consequences and damages, if
				  any, that will result if the reclamation of surface mining activities is
				  delayed; and
(7) Show how off-site
				  storage of spoil will be conducted.
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.07 - Augering

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any application
				  for a permit for augering operations shall contain, in the mining and
				  reclamation plan, a description of the augering methods to be used and the
				  measures to be used to comply with the requirements of COMAR
				  26.20.24.01 a for auger
				  mining.
B. A permit may not be
				  issued for an augering operation unless the Bureau finds, in writing, that the
				  operation:
(1) Meets all other requirements of
				  this subtitle; and
(2) Will be
				  conducted in compliance with COMAR
				  26.20.24.01 a.
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.08 - Coal Preparation Plants and Associated Facilities Not Located within the Permit Area of a Mine

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Regulations .08 and .09 of this chapter apply to any person who conducts or
				  intends to conduct surface coal mining and reclamation operations using coal
				  preparation plants and associated facilities not otherwise within a permit area
				  of a mine.
B. Any such person shall
				  obtain a permit from the Bureau under the Regulatory Program in accordance with
				  the requirements of this regulation.
C. Any application for a permit for
				  operations covered by this regulation and Regulation .09 of this chapter shall
				  contain in the mining and reclamation plan, specific plans, including
				  descriptions, maps, and cross sections of the construction, operation,
				  maintenance, and removal of the preparation plants and associated
				  facilities.
D. The Bureau will not
				  issue a permit for any operation covered by this regulation, unless it finds,
				  in writing, that, in addition to meeting all other applicable application
				  requirements, the operations will be conducted in compliance with the
				  requirements of COMAR
				  26.20.24.05 a.
E. A person may not operate a coal
				  preparation plant within the State without first obtaining a permit from the
				  Bureau and any other permits or approvals required by law, except that a person
				  operating a coal preparation plant on the effective date of this regulation who
				  was not previously regulated under the Regulatory Program may continue to
				  conduct that operation until 8 months from the effective date of this
				  regulation if an application for a permit has been made to the Bureau in
				  accordance with §F of this regulation and Regulation .09 of this
				  chapter.
F. Except as provided in
				  this regulation, on and after 8 months from the effective date of this
				  regulation a person may not operate a coal preparation plant unless that person
				  has first obtained a permit issued by the Bureau pursuant to the Regulatory
				  Program, and that person complies with the terms and conditions of the permit
				  and the requirements of the Regulatory Program. However, a person who is
				  operating a coal preparation plant without a permit on the effective date of
				  this regulation may continue to operate that plant after 8 months from the
				  effective date of this regulation, if:
(1)
				  The plant was not regulated under the Regulatory Program before the effective
				  date of this regulation;
(2) A
				  timely application has been made to the Bureau in accordance with the schedules
				  in Regulation .09 of this chapter; and
(3) The Bureau has not rendered a decision to
				  issue or deny the permit.
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.09 - Schedules

Current through Register Vol. 51, No. 14, July 12, 2024
A timely application pursuant to Regulation .08F of this
					 chapter shall consist of filing of an application in accordance with the
					 following schedules:
A. Within 2
				  months of the effective date of this regulation the following shall be
				  submitted to the Bureau:
(1) Module I and
				  Module II of the application for mining operations.
(2) A map at a scale of 500 feet to the inch,
				  or larger. The map shall identify:
(a) The
				  boundaries of surface properties within the permit area and within 1,000 feet
				  of the permit area, and the names of the owners of the surface properties
				  within the permit area and within 1,000 feet of the permit area;
(b) The boundaries of the proposed permit
				  area upon which the applicant has the legal right to enter and conduct surface
				  mining operations, and the boundaries of all existing contiguous
				  permits;
(c) The location of all
				  buildings on and within 1,000 feet of the proposed permit area, with
				  identification of the current use of the buildings;
(d) The location of surface and subsurface
				  man-made features within, passing through, or passing over the proposed permit
				  area, including but not limited to major electric transmission lines,
				  pipelines, and agricultural drainage tile fields;
(e) Each public road located on or within
				  1,000 feet of the proposed permit area;
(f) Each public or private cemetery or Indian
				  burial ground located on or within 100 feet of the proposed permit
				  area;
(g) The location of surface
				  water bodies such as streams, creeks, lakes, ponds, springs, constructed or
				  natural drains, and irrigation ditches within the proposed permit and adjacent
				  areas;
(h) The boundaries of any
				  public park, forest or wildlife management area, the locations of any cultural
				  or historic resources listed in the National Register of Historic Places, and
				  the locations of any known archaeological sites within the permit area or
				  adjacent areas;
(i) The distance
				  from the permit area to the nearest structure and to any structure, dwelling,
				  or physical feature, or all of these, where mining is prohibited, unless a
				  waiver or exemption is obtained;
(j) The location of monitoring stations used
				  to gather water quality and quantity data in preparation of the
				  application.
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 26.20.03 - Permit Applications - Special Categories of Mining › Section 26.20.03.10 - In Situ Processing Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to any person who
				  conducts or intends to conduct surface coal mining and reclamation operations
				  using in situ processing activities.
B. Any application for a permit for
				  operations covered by this regulation shall be made according to all
				  requirements applicable to underground mining activities. In addition, the
				  mining and reclamation operations plan for operations involving in situ
				  processing activities shall contain information establishing how those
				  operations will be conducted in compliance with the requirements of COMAR
				  26.20.24.06 a, including:
(1) Delineation of proposed holes and wells
				  and production zone;
(2)
				  Specifications of drill holes and casings proposed to be used;
(3) A plan for treatment, confinement, or
				  disposal of all acid-forming, toxic-forming, or radioactive gases, solids, or
				  liquids constituting a fire, health, safety, or environmental hazard caused by
				  the mining and recovery process; and
(4) Plans for monitoring surface and ground
				  water and air quality.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.01 - Initial Submission of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A person seeking an open-pit mining permit shall
					 simultaneously submit to the Bureau:
A. An original and three complete copies of
				  an application containing all information required by COMAR 26.20.02, and
				  applicable portions of COMAR 26.20.03. The application shall be submitted on
				  forms provided by the Bureau, with any provision considered to be inapplicable
				  being clearly identified as such.
B. A copy of an application for the National
				  Pollutant Discharge Elimination System (NPDES) permit and any other permits
				  required in order to engage in the proposed operation.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.02 - Initial Review by the Bureau

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Within 10 days of receipt of a permit application, the Bureau shall conduct a
				  preliminary review for completeness. If it is determined that necessary
				  information is not included, the Bureau shall return the application, with
				  notification as to its deficiencies, and take no further action regarding the
				  permit request.
B. If it is
				  determined immediately that the requested permit cannot be issued, the Bureau
				  shall so notify the applicant in accordance with the provisions of Regulation
				  .12 of this chapter.
C. When the
				  Bureau determines that an application is complete, the Bureau shall:
(1) Notify the applicant in writing that the
				  application is complete, and that the applicant shall advertise in a newspaper
				  as required by Regulation .03 of this chapter, and file a copy of the
				  application for public inspection as required by Regulation .04 of this
				  chapter;
(2) Forward copies of the
				  application to the agency responsible for issuing the National Pollutant
				  Discharge Elimination System permit and the soil conservation district in which
				  the proposed operation is located, and provide these agencies an opportunity
				  for a technical on-site evaluation within 2 weeks; and
(3) Issue written notification of receipt of
				  a complete application to:
(a) Local
				  government agencies with jurisdiction over or an interest in the area of the
				  proposed surface coal mining and reclamation operation, including but not
				  limited to the county commissioners, county planning and zoning agency, sewage
				  and water treatment authorities, and
(b) Federal or State government agencies with
				  authority to issue permits and licenses applicable to the proposed surface coal
				  mining and reclamation operation and those agencies with an interest in the
				  proposed operation, including the U.S.D.A. Soil Conservation Service, the U.S.
				  Army Corps of Engineers, the National Park Service, State and federal fish and
				  wildlife agencies, the State Archeologist, and the Maryland Historical
				  Trust.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.03 - Applicant's Newspaper Advertisement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of Bureau notification that
				  an application is complete, the applicant shall cause an advertisement to
				  appear, at least once a week for 4 consecutive weeks, in a local newspaper of
				  general circulation in the county where the operation will be
				  located.
B. The advertisement shall
				  contain, at a minimum, the following information:
(1) A heading of "Notice of Application for
				  Strip Mine Permit" in boldface type;
(2) The name and business address of the
				  applicant;
(3) A map or description
				  which:
(a) Clearly shows or describes towns,
				  rivers, streams, or other bodies of water, local landmarks, and any other
				  information, including routes, streets, or roads and accurate distance
				  measurements, necessary to allow local residents to readily identify the
				  proposed permit area,
(b) Clearly
				  shows or describes the exact location and boundaries of the proposed permit
				  area,
(c) States the name of the
				  U.S. Geological Survey 7.5-minute quadrangle map or maps which contain the area
				  shown or described, and
(d) If a
				  map is used, indicates the north point;
(4) The location where a copy of the
				  application is available for public inspection;
(5) The name and address of the Bureau and a
				  statement that written comments, objections, or a request for a hearing on the
				  application may be submitted to the Bureau within 30 days from the date of the
				  last advertisement; and
(6) If an
				  applicant seeks a permit to mine within 100 feet of the outside right-of-way of
				  a public road or to relocate a public road, a concise statement describing the
				  public road, the particular part to be relocated, where the relocation is to
				  occur, and the duration of the relocation.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.04 - Application Available to Public

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The applicant shall ensure that a complete copy of the application is available
				  to the general public, for inspection and copying, by the date of the first
				  advertisement under Regulation .03 of this chapter. This requirement shall be
				  satisfied by filing a copy at the courthouse of the county where the mining is
				  proposed to occur or, with the concurrence of the Bureau, at another public
				  office more accessible to local residents.
B. The applicant shall file any subsequent
				  revision of the application with the public office at the same time the
				  revision is submitted to the Bureau.
C. Information requested to be held as
				  confidential may not be made publicly available until after notice and
				  opportunity to be heard is given persons both seeking and opposing disclosure
				  of the information. All qualified confidential information shall be identified
				  by the applicant and submitted separately from the remainder of the
				  application. Confidential information is limited to information:
(1) That pertains only to the analysis of the
				  chemical and physical properties of the coal to be mined, except information on
				  components of the coal which are potentially toxic in the
				  environment;
(2) That is not on
				  file under State law and that the applicant has requested in writing to be held
				  confidential; and
(3) On the nature
				  and location of archeological resources on public land and Indian land as
				  required under the Archeological Resources Protection Act of 1979 ( P.L. 96-95,
				  93 Stat. 721, 16 U.S.C. §
												470).
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.05 - Public Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Within 30 days from the last advertisement under Regulation .03 of this
				  chapter, the Bureau shall receive and consider written comments, objections,
				  and requests for a hearing on the application from any party directly notified
				  under this regulation, an officer or head of any federal, State, or local
				  government agency or authority, or any person having an interest which may be
				  adversely affected by issuance of the requested permit.
B. Upon receipt of any written comment,
				  objection, or request for a hearing, the Bureau shall immediately transmit a
				  copy to the applicant, and to the public office where a copy of the application
				  is filed pursuant to Regulation .04 of this chapter.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.06 - On-Site Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  who files a written request for a hearing may include a request to be granted
				  access to the proposed permit area for the purpose of gathering information
				  relevant to the hearing under Regulation .10 of this chapter. The request shall
				  briefly summarize the nature of the information sought, and the expected amount
				  of time required.
B. If the Bureau
				  determines that there is a reasonable basis for believing that the requested
				  inspection will lead to relevant information not otherwise contained in the
				  application, it shall so notify the requestor and the applicant. The applicant
				  shall arrange and conduct the inspection as expeditiously as
				  possible.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.07 - Detailed Review by Bureau

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Bureau shall conduct a detailed review of the application and all other factors
				  relevant to a determination as to whether the requested permit may be issued
				  within the requirements of the Regulatory Program.
B. The Bureau shall notify the applicant of
				  any substantial problems regarding the permit request, and provide an
				  opportunity for the applicant to respond to these problems, to supplement the
				  application, or to remedy any defects discovered during the detailed review.
				  The applicant for a permit or a revision of a permit has the burden of
				  establishing that the application is in compliance with all the requirements of
				  the Regulatory Program.
C. If the
				  Bureau determines that there is no reasonable possibility for the requested
				  permit to be issued within the requirements of the Regulatory Program, the
				  Bureau may immediately terminate its review of the application, and proceed in
				  accordance with the provisions of Regulation .12 of this chapter for denial of
				  the permit.
D. If the Bureau
				  determines that the requested permit may be available under the Regulatory
				  Program, and the applicant has satisfactorily responded to any comments noted
				  by the Bureau, or any public comment or objection, then the Bureau shall
				  require eight copies of the complete application from the applicant, including
				  proof of publication of the advertisement required under Regulation .03 of this
				  chapter.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.08 - Public Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a request
				  for a public hearing is received under Regulation .05 of this chapter, the
				  Bureau shall schedule a hearing in the locality of the proposed
				  operation.
B. The Bureau shall
				  provide notice of the public hearing by:
(1)
				  Notifying the applicant and any person who requested a hearing of the date,
				  time, and location of the hearing; and
(2) Publishing the date, time, and location
				  of the hearing in a newspaper of general circulation in the area of the
				  proposed operation.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.09 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.10 - Bureau Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau
				  shall complete its review of the application and render a decision to approve
				  or deny the permit application in accordance with the provisions of COMAR
				  26.20.05.
B. Based on available
				  information concerning federal and State failure-to-abate cessation orders,
				  unabated federal and State imminent harm cessation orders, delinquent civil
				  penalties issued under § 518 of the federal Surface Mining Control and
				  Reclamation Act of 1977, bond forfeitures, delinquent abandoned mine
				  reclamation fees, and unabated violations of federal and State laws, rules, and
				  regulations pertaining to air or water environmental protection incurred in
				  connection with any surface coal mining operation, the Bureau may not issue the
				  permit if any surface coal mining and reclamation operation owned or controlled
				  by either the applicant or by any person who owns or controls the applicant is
				  currently in violation of the federal Surface Mining Control and Reclamation
				  Act of 1977, the Regulatory Program, or any other law, rule, or regulation
				  referred to in this section. In the absence of a failure-to-abate cessation
				  order, the Bureau may presume that a notice of violation issued under the
				  Regulatory Program or under a federal or State program has been or is being
				  corrected to the satisfaction of the agency with jurisdiction over the
				  violation, except when evidence to the contrary is set forth in the
				  application, or when the notice of violation is issued for nonpayment of
				  abandoned mine reclamation fees or civil penalties.
C. If a current violation exists under §B of
				  this regulation, the Bureau shall require the applicant or any person who owns
				  or controls the applicant, before issuance of the permit, to submit to the
				  Bureau proof that the:
(1) Current violation
				  has been or is in the process of being corrected to the satisfaction of the
				  agency that has jurisdiction over the violation; or
(2) Applicant or any person owned or
				  controlled by either the applicant or any person who owns or controls the
				  applicant, has filed and is presently pursuing, in good faith, a direct
				  administrative or judicial appeal to contest the validity of the current
				  violation.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.11 - Permit Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  Bureau decides to approve a permit application under this regulation, the
				  Bureau shall notify the applicant, each person who filed written comments or
				  objections to the permit application, and each party to a hearing, in writing,
				  of its approval of the permit application. The notice to the applicant shall
				  also contain:
(1) Any special conditions
				  which the Bureau has determined to impose on the permit beyond the normal
				  requirements of the Regulatory Program;
(2) A requirement for the applicant to
				  update, correct, or indicate that no change has occurred in the information
				  previously submitted in the application in accordance with COMAR
				  26.20.02.03 a A-----F and I-----K;
				  and
(3) A time limit within which
				  the applicant shall submit to the Bureau all fees and bonds required under the
				  Regulatory Program.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.12 - Permit Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  Bureau decides to deny a permit application under this regulation, the Bureau
				  shall notify the applicant of the denial, in writing and by certified mail. The
				  notice shall set forth:
(1) A detailed
				  description of the reasons for denial;
(2) A statement that no further processing
				  shall occur;
(3) A statement that
				  the applicant may, within 30 days of the date of the notice, request an
				  adjudicatory hearing on the reasons for denial.
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 26.20.04 - Permit Applications - Review Procedures › Section 26.20.04.13 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the applicant is notified of the
					 decision of the Bureau concerning the application for a permit in accordance
					 with Regulation .11 or .12 of this chapter, the applicant or any person with an
					 interest which is or may be adversely affected may request an adjudicatory
					 hearing on the reasons for the final decision in accordance with COMAR
					 26.20.06.
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 26.20.05 - Permit Applications - Bureau Decision › Section 26.20.05.01 - Required Written Findings

Current through Register Vol. 51, No. 14, July 12, 2024
A permit application or application for a significant
					 revision of a permit may not be approved unless the application affirmatively
					 demonstrates and the Bureau finds, in writing, on the basis of information set
					 forth in the application, or information otherwise available and documented in
					 the approval under COMAR
					 26.20.04.11 a A, the
					 following:
A. The permit application
				  is complete and accurate and the applicant has complied with all requirements
				  of the Regulatory Program;
B. The
				  applicant has demonstrated that reclamation operations as required by the
				  Regulatory Program can be feasibly accomplished under the reclamation plan
				  contained in the application;
C.
				  The Bureau has made an assessment of the probable cumulative impacts of all
				  anticipated coal mining in the cumulative impact area on the hydrologic balance
				  and has determined that the operations proposed under the application have been
				  designed to prevent material damage to the hydrologic balance outside the
				  proposed permit area;
D. The
				  proposed permit area is:
(1) Not included
				  within an area designated unsuitable, or an area where surface coal mining is
				  prohibited under the federal or State Regulatory Program,
(2) Not within an area under study for
				  designation as unsuitable for surface coal mining operations, in an
				  administrative proceeding that has been initiated under COMAR 26.20.11, unless
				  the applicant demonstrates that, before January 4, 1977, substantial legal and
				  financial commitments were made in relation to the proposed operation,
				  and
(3) Not within an area where
				  surface coal mining is limited under COMAR 26.20.10 unless prerequisites for
				  Bureau approval have been satisfied;
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 26.20.05 - Permit Applications - Bureau Decision › Section 26.20.05.02 - Term of Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit
				  shall be issued for a fixed term not to exceed 5 years, unless the applicant
				  shows that a specified longer term is reasonably needed to allow the applicant
				  to obtain necessary financing of equipment and the opening of the operation,
				  and this need is confirmed, in writing, by the applicant's proposed source for
				  the financing.
B. A permit shall
				  terminate if the permittee has not begun the surface coal mining and
				  reclamation covered by the permit within 3 years of the issuance of the permit.
				  The Bureau may grant reasonable extensions of time for commencement of
				  operations, upon receipt of a written statement showing that these extensions
				  of time are necessary, due to litigation which precludes the commencement or
				  threatens substantial economic loss to the permittee or other conditions beyond
				  the control and without the fault or negligence of the permittee. With respect
				  to coal to be mined for use in a synthetic fuel facility or specified major
				  electric generating facility, the permittee shall be deemed to have commenced
				  surface mining operations at the time construction of the facility is
				  initiated. Extensions of time granted by the Bureau under this section shall be
				  specifically set forth in the permit and notice of the extension shall be made
				  to the public.
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 26.20.05 - Permit Applications - Bureau Decision › Section 26.20.05.03 - Permit Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
Each permit shall contain the following express terms and
					 conditions:
A. The permittee shall
				  conduct all activities under the permit in accordance with the description
				  contained in the application, and only on those lands specifically designated
				  in the permit and which are subject to the performance bond or other equivalent
				  guarantee.
B. The permittee shall
				  allow the authorized representatives of the Bureau and the federal Office of
				  Surface Mining, without advance notice or search warrant, at reasonable times,
				  upon presentation of appropriate credentials, and without delay, to enter and
				  inspect any monitoring equipment or method of exploration or operation, to have
				  access to and copy any records required under the Regulatory Program or the
				  permit, and to be accompanied by private persons for the purpose of conducting
				  an inspection when the inspection is in response to an alleged violation
				  reported by the private person.
C.
				  The permittee shall take all possible steps to minimize any adverse impact to
				  the environment or public health and safety resulting from noncompliance with
				  any term or condition of the permit, including but not limited to:
(1) Any accelerated or additional monitoring
				  necessary to determine the nature and extent of noncompliance and the results
				  of noncompliance;
(2) Immediate
				  implementation of measures necessary to comply; and
(3) Warning, as soon as possible after
				  learning of the noncompliance, any person whose health and safety is in
				  imminent danger due to the noncompliance.
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 26.20.05 - Permit Applications - Bureau Decision › Section 26.20.05.04 - Improvidently Issued Permits - General Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Bureau has reason to believe that
				  it improvidently issued a surface coal mining and reclamation permit, it shall
				  review the circumstances under which the permit was issued, using the criteria
				  in §B of this regulation. If the Bureau finds that the permit was improvidently
				  issued, it shall comply with §C of this regulation.
B. The Bureau shall find that a surface coal
				  mining and reclamation permit was improvidently issued if:
(1) Under the violations review criteria of
				  the Regulatory Program at the time the permit was issued, the:
(a) Bureau should not have issued the permit
				  because of an unabated violation or a delinquent penalty or fee; or
(b) Permit was issued on the presumption that
				  a notice of violation was in the process of being corrected to the satisfaction
				  of the agency with jurisdiction over the violation, but a cessation order
				  subsequently was issued;
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 26.20.05 - Permit Applications - Bureau Decision › Section 26.20.05.05 - Improvidently Issued Permits - Rescission Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
If the Bureau, under Regulation .04C(4) of this chapter,
					 elects to rescind an improvidently issued permit, the Bureau shall serve on the
					 permittee a notice of proposed suspension and rescission which includes the
					 reasons for the finding under Regulation .04B of this chapter and states
					 that:
A. After a specified period of
				  time not to exceed 90 days the permit automatically will be suspended, and, not
				  to exceed 90 days after that, will be rescinded, unless within those periods
				  the permittee submits proof and the Bureau finds that:
(1) The finding of the Bureau was
				  erroneous.
(2) The permittee or
				  other person responsible has abated the violation on which the finding was
				  based, or paid the penalty or fee, to the satisfaction of the responsible
				  agency;
(3) The violation, penalty,
				  or fee is the subject of a good faith appeal, or of an abatement plan or
				  payment schedule with which the permittee or other person responsible is
				  complying to the satisfaction of the responsible agency; or
(4) Since the finding was made, the permittee
				  has severed any ownership or control link with the person responsible for, and
				  will not continue to be responsible for, the violation, penalty, or
				  fee;
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 26.20.06 - Permit Applications - Judicial Review › Section 26.20.06.01 - Adjudicatory Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation sets out specific provisions for adjudicatory hearings on decisions
				  to deny or approve a permit application. General provisions regarding
				  adjudicatory hearings under the Regulatory Program are contained in COMAR
				  26.20.34.
B. In order to satisfy
				  any time requirement for requesting an adjudicatory hearing under this chapter,
				  a person need only inform the Bureau, in writing, of his intent to request a
				  hearing. The Bureau shall acknowledge receipt of the request, and notify the
				  requestor that the following information must be submitted, in writing, within
				  10 days of the date of the notice:
(1) Full
				  name and address of the person requesting the hearing and a telephone number
				  where they can be reached during normal business hours;
(2) The name, address, and telephone number
				  of any attorney representing the requestor or a statement that he intends to
				  represent himself;
(3) A detailed
				  description of the grounds for the request, including the interests of the
				  requestor which are or may be adversely affected by the decision of the
				  Bureau;
(4) A statement of the
				  specific relief desired as a result of the adjudicatory hearing;
(5) A general outline of the evidence to be
				  presented in support of the desired relief, including the names and addresses
				  of all witnesses expected to be called by the requestor.
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 26.20.06 - Permit Applications - Judicial Review › Section 26.20.06.02 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024