Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.03 - Surface Mining Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person may not obtain a surface mining permit unless that person is licensed in
				  accordance with the Act and Regulation .02 of this chapter.
B. A licensee may not engage in a mining
				  operation unless the licensee has a surface mining permit for the affected
				  land.
C. Forms.
(1) A licensee shall apply to the Department
				  for a permit on either a short form or long form furnished by the
				  Department.
(2) Short Form.
(a) The short form may be used if all of the
				  following conditions are met:
(i) The proposed
				  permit area does not exceed 5 acres;
(ii) Not more than 20,000 cubic yards or
				  30,000 tons of minerals are to be extracted each year; and
(iii) The Department determines that a long
				  form is not required because of special circumstances such as the mining
				  method, the proximity of the operation to residences, the proposed reclamation,
				  or past experience of the Department with similar mining operations.
(b) The short form application
				  shall be accompanied by all of the following:
(i) The mining and reclamation plan on a form
				  furnished by the Department;
(ii) A
				  notarized right-of-entry agreement provided by the Department and executed by
				  the landowner as described in Environment Article, §
													15-808(d)(1),
				  Annotated Code of Maryland;
(iii)
				  An amount necessary to reimburse the Department for its expense in recording
				  the right-of-entry agreement in the appropriate land records;
(iv) A sediment control plan approved by the
				  local soil conservation district;
(v) A written statement by the licensee
				  listing all other State, county, and local permits and approvals required, and
				  the status of each;
(vi) A filing
				  fee prescribed by the Act;
(vii) A
				  special reclamation fee as prescribed by the Act prorated for each acre and
				  each fraction of an acre;
(viii) A
				  topographic map described in §D of this regulation;
(ix) A certification by the permittee that
				  all work will be done pursuant to this plan; and
(x) Any other relevant materials and
				  documents deemed necessary by the Department.
(3) Long Form.
(a) The long form shall be used if the
				  Department determines that the short form is not acceptable.
(b) The long form application shall be
				  accompanied by all of the following:
(i) A
				  mining and reclamation plan which shall be on a form furnished by the
				  Department which meets the requirements of Environment Article, §
													15-822, Annotated Code of
				  Maryland;
(ii) A notarized
				  right-of-entry agreement provided by the Department and executed by the
				  landowner as described in Environment Article, §
													15-808(d)(1),
				  Annotated Code of Maryland;
(iii)
				  An amount necessary to reimburse the Department for its expense in recording
				  the right-of-entry agreement in the appropriate land records;
(iv) A sediment control plan approved by the
				  local soil conservation district;
(v) A written statement by the licensee
				  listing all other State, county, and local permits and approvals required, and
				  the status of each;
(vi) A filing
				  fee prescribed by the Act;
(vii) A
				  special reclamation fee as prescribed by the Act prorated for each acre and
				  each fraction of an acre;
(viii) A
				  topographic map described in §D of this regulation;
(ix) A certification by the permittee that
				  all work will be done pursuant to this plan; and
(x) Any other materials and documents deemed
				  necessary by the Department.