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 26.20.24 - Special Performance Standards › Section 26.20.24.01 - Auger Mining

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any auger
				  mining associated with surface mining activities shall be conducted to maximize
				  recoverability of mineral reserves remaining after the mining activities are
				  completed. The permittee shall leave areas of undisturbed coal as approved by
				  the Bureau, to provide access for removal of those reserves by future
				  underground mining activities, unless the Bureau determines that the coal
				  reserves have been depleted or are limited in thickness or extent to the point
				  that it will not be practicable to recover the remaining coal reserves. The
				  Bureau shall make the determination upon presentation of appropriate technical
				  evidence by the permittee.
B. An
				  auger hole may not extend closer than 500 feet in horizontal distance to any
				  abandoned or active underground mine workings, except as approved in accordance
				  with Regulation .07 of this chapter.
C. Each auger hole shall be plugged by
				  backfilling and compacting noncombustible and impervious material into the
				  hole, as follows:
(1) Each auger hole
				  discharging water containing toxic-forming or acid-forming material shall be
				  plugged within 72 hours after completion, or the discharge shall be treated to
				  meet applicable effluent limitations and water quality standards until the hole
				  is properly sealed; and
(2) Each
				  auger hole not discharging water shall be sealed to close the opening within 30
				  days following completion.
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 26.20.24 - Special Performance Standards › Section 26.20.24.02 - Operations on Prime Farmland

Current through Register Vol. 51, No. 14, July 12, 2024
Surface coal mining and reclamation operations conducted on
					 prime farmland shall meet the following requirements:
A. Soil materials to be used in the
				  reconstruction of prime farmland shall be removed before drilling, blasting, or
				  mining, in a manner that prevents mixing or contamination with undesirable
				  material. The minimum depth of soil and soil material to be removed for use in
				  reconstruction of prime farmland soils shall be sufficient to meet the soil
				  replacement requirements. If removal of soil materials results in erosion that
				  may cause air and water pollution, the Bureau shall specify methods to control
				  erosion of exposed overburden. Operations shall be conducted so as to
				  separately remove the:
(1) Topsoil or other
				  suitable materials when the other soil materials which will create a final soil
				  having an equal or greater productive capacity than that which existed before
				  mining;
(2) "B" horizon of the
				  soil, a combination of "B" horizon and underlying "C" horizon, or other
				  suitable soil material that will create a reconstructed soil of equal or
				  greater productive capacity than that which existed before mining;
(3) Underlying "C" horizons, other strata, or
				  a combination of horizons or other strata, to be used instead of the "B"
				  horizon; when replaced, these combinations shall be equal to, or more favorable
				  for plant growth than, the "B" horizon.
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 26.20.24 - Special Performance Standards › Section 26.20.24.03 - Mountaintop Removal

Current through Register Vol. 51, No. 14, July 12, 2024
The Bureau may grant a variance from the requirement for
					 restoring affected areas to their approximate original contour if all of the
					 following conditions are satisfied:
A.
				  The permit application specifically requests a variance, and contains
				  information in accordance with COMAR
				  26.20.03.03 a, and the following
				  criteria, which enables the Bureau to make all necessary findings.
B. The activities involve the mining of an
				  entire coal seam running through the upper fraction of a mountain, ridge, or
				  hill, by removing all of the overburden and creating a level plateau or gently
				  rolling contour with no highwalls remaining.
C. An industrial, commercial, agricultural,
				  residential, or public facility (including recreational facilities) use is
				  proposed and approved for the affected land.
D. The alternative land-use requirements in
				  COMAR 26.20.03.03 a are met.
E. All applicable requirements of the
				  Regulatory Program, other than the requirement to restore affected areas to
				  their approximate original contour, are met.
F. An outcrop barrier of sufficient width,
				  consisting of the toe of the lowest coal seam, and its associated overburden,
				  are retained to prevent slides and erosion. The Bureau may permit an exemption
				  to the retention of the coal barrier requirement if the following conditions
				  are satisfied:
(1) The proposed mine site was
				  mined before May 3, 1978, and the toe of the lowest seam has been removed;
				  or
(2) A coal barrier adjacent to a
				  head-of-hollow fill may be removed after the elevation of a head-of-hollow fill
				  attains the elevation of the coal barrier if the head-of-hollow fill provides
				  the stability otherwise ensured by the retention of a coal barrier.
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 26.20.24 - Special Performance Standards › Section 26.20.24.04 - Operations on Steep Slopes

Current through Register Vol. 51, No. 14, July 12, 2024
The following special requirements apply whenever the
					 affected area includes steep slopes:
A. The permittee shall prevent the following
				  materials from being placed or allowed to remain on the downslope:
(1) Spoil;
(2) Waste materials, including waste mineral
				  matter;
(3) Debris, including that
				  from clearing and grubbing of haul road construction; and
(4) Abandoned or disabled
				  equipment.
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 26.20.24 - Special Performance Standards › Section 26.20.24.05 - Coal Preparation Plants and Associated Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
Each person who operates a coal preparation plant and
					 associated facilities, as defined in COMAR 26.20.01, shall obtain a permit to
					 conduct those operations and otherwise comply with, at a minimum, the
					 Regulatory Program requirements related to:
A. Signs and markers for the coal processing
				  plant, coal processing waste disposal area, and water treatment
				  facilities;
B. Roads, transport,
				  and associated structures;
C.
				  Stream or channel realignment;
D.
				  Sediment control structures, and all discharges from disturbed areas;
E. Permanent impoundments associated with
				  coal preparation plants, and dams constructed of or impounding coal processing
				  waste;
F. Use of water wells, and
				  provisions for protection of water rights;
G. Disposal of coal processing waste, solid
				  waste, and any excavated materials;
H. Discharge structures for diversions and
				  sediment control structures;
I. Air
				  pollution control measures associated with fugitive dust emissions;
J. Protection of fish, wildlife, and related
				  environmental values;
K. Slide
				  areas and other surface areas in general;
L. Adverse effects upon or resulting from
				  nearby underground coal mining activities;
M. Reclamation, including proper topsoil
				  handling procedures, revegetation, and abandonment;
N. Conveyors, buildings, storage bins or
				  stockpiles, water treatment facilities, water storage facilities, and any other
				  related structure or system;
O.
				  Prime farmland.
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 26.20.24 - Special Performance Standards › Section 26.20.24.06 - In Situ Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In situ
				  processing activities shall be planned and conducted to minimize disturbance to
				  the prevailing hydrologic balance by:
(1)
				  Avoiding discharge of fluids into holes or wells, other than as approved by the
				  Bureau;
(2) Injecting process
				  recovery fluids only into geologic zones or intervals approved as production
				  zones by the Bureau;
(3) Avoiding
				  annular injection between the wall of the drill hole and the casing;
				  and
(4) Preventing discharge of
				  process fluid into surface waters.
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 26.20.24 - Special Performance Standards › Section 26.20.24.07 - Concurrent Surface and Underground Mining

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surface coal mining activities may not be
				  conducted closer than 500 feet to any point of either an active or abandoned
				  underground mine, except to the extent that:
(1) For active underground mines, including
				  abandoned sections of active mines:
(a) The
				  nature, timing, and sequence of the operations are jointly approved by the Mine
				  Safety and Health Administration and the Bureau; and
(b) The activities result in improved
				  resource recovery, abatement of water pollution, or elimination of hazards to
				  the health and safety of 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 26.20.24 - Special Performance Standards › Section 26.20.24.08 - Utilization of Coal Combustion Byproducts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose and Scope.
(1) This regulation establishes certain
				  minimum standards pertaining to the use of coal combustion byproducts in
				  surface coal mining and reclamation operations and in abandoned coal
				  mines.
(2) Coal combustion
				  byproducts may not be used in surface coal mining and reclamation operations or
				  in abandoned coal mines, except in accordance with this regulation.
(3) Compliance with this regulation does not
				  relieve a person from the duty to comply with any other applicable federal,
				  State, and local laws, regulations, and ordinances, including but not limited
				  to the general requirements of COMAR 26.20. This regulation is in addition to
				  the general requirements of COMAR 26.20.
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 26.20.25 - Soil Conservation › Section 26.20.25.01 - Clearing and Disposal of Trees and Shrubs

Current through Register Vol. 51, No. 14, July 12, 2024
All trees and shrubs shall be cut and removed from the
					 affected area. Shrubs or brush removed from the disturbed area shall be buried
					 at the bottom of the pit, separate from any acid or toxic materials, or in
					 other suitable locations approved by the Bureau.
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 26.20.25 - Soil Conservation › Section 26.20.25.02 - Topsoil Handling

Current through Register Vol. 51, No. 14, July 12, 2024
A. Topsoil
				  Removal.
(1) Topsoil to be saved shall be
				  removed after vegetation that could interfere with the use of the topsoil is
				  cleared from the areas to be disturbed, but before any drilling, blasting,
				  mining, or other surface disturbance.
(2) All topsoil shall be removed in a
				  separate layer from the areas to be disturbed, unless use of substitute or
				  supplemental materials is approved by the Bureau. If the topsoil is less than 6
				  inches, a separate layer shall be removed that includes all of the topsoil and
				  the unconsolidated materials immediately below the topsoil to a minimum depth
				  of 6 inches.
(3) If the Bureau
				  determines that it is necessary or desirable, to ensure soil productivity
				  consistent with the post-mining land use, then the Bureau may require removal
				  of an additional layer (including portions of the "B" or "C" horizons) to be
				  segregated and redistributed as subsoil.
(4) The maximum amount of topsoil that shall
				  be saved shall be an amount sufficient to cover the areas to be revegetated to
				  a depth of 4 feet.
(5) Selected
				  overburden materials may be substituted for, or used as a supplement to,
				  topsoil if the Bureau determines that the resulting soil medium is equal to or
				  more suitable for sustaining revegetation than is the available topsoil and if
				  the substitute material is the best available to support revegetation. This
				  determination shall be based on analysis of the thickness of soil horizons,
				  total depth, texture, percent coarse fragments, pH, and areal extent of the
				  different kinds of soils. The Bureau may require other chemical and physical
				  analyses, field-site trials, or greenhouse tests, if determined to be necessary
				  or desirable to demonstrate the suitability of topsoil substitutes or
				  supplements.
(6) If the removal of
				  vegetative material, topsoil, or other materials may result in erosion which
				  may cause air or water pollution:
(a) The size
				  of the area from which topsoil is removed at any one time shall be
				  limited;
(b) The surface soil layer
				  shall be redistributed at a time when the physical and chemical properties of
				  topsoil can be protected and erosion can be minimized; and
(c) Such other measures shall be taken as the
				  Bureau may approve or require to control erosion.
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 26.20.25 - Soil Conservation › Section 26.20.25.03 - Slides

Current through Register Vol. 51, No. 14, July 12, 2024
A. An undisturbed
				  natural barrier shall be provided beginning at the elevation of the lowest coal
				  seam to be mined, and extending from the outslope for such distance as may be
				  determined by the Bureau as is needed to assure stability. The barrier shall be
				  retained in place to prevent slides and erosion.
B. At any time a slide occurs which may have
				  a potential affect on public property, health, safety, or the environment, the
				  person who conducts the surface mining activities shall notify the Bureau by
				  the fastest available means and comply with any remedial measures required by
				  the Bureau.
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 26.20.26 - Excess Spoil Disposal › Section 26.20.26.01 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  as provided in Regulation .05 of this chapter, excess spoil shall be placed in
				  designated disposal areas within the permit area in a controlled manner to:
(1) Minimize the adverse effects of leachate
				  and surface water runoff from the fill on surface and ground waters;
(2) Ensure mass stability and prevent mass
				  movement during and after construction; and
(3) Ensure that the final fill is suitable
				  for reclamation and revegetation compatible with the natural surroundings and
				  the approved postmining land 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 26.20.26 - Excess Spoil Disposal › Section 26.20.26.02 - Valley Fills

Current through Register Vol. 51, No. 14, July 12, 2024
A. Valley fills
				  shall meet all of the general requirements for disposal of excess spoil and the
				  additional requirements of this regulation.
B. The fill shall be designed to attain a
				  long-term static safety factor of 1.5 based upon data obtained from subsurface
				  exploration, geotechnical testing, foundation design, and accepted engineering
				  analyses.
C. A subdrainage system
				  for the fill shall be constructed in accordance with the following:
(1) A system of underdrains constructed of
				  durable rock shall meet the following requirements:
(a) Be installed along the natural drainage
				  system;
(b) Extend from the toe to
				  the head of the fill; and
(c)
				  Contain lateral drains to each area of potential drainage or seepage.
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 26.20.26 - Excess Spoil Disposal › Section 26.20.26.03 - Head-of-Hollow Fills

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disposal of
				  spoil in a head-of-hollow fill shall meet all standards set forth in
				  Regulations .01 and .02 of this chapter, and the additional requirements of
				  this regulation.
B. The fill shall
				  be designed to completely fill the disposal site to the approximate elevation
				  of the ridgeline. A rock-core chimney drain may be used instead of the subdrain
				  and surface diversion system required for valley fills. If the crest of the
				  fill is not approximately at the same elevation as the low point of the
				  adjacent ridgeline, the fill shall be designed as specified in valley fills,
				  with diversion of runoff around the fill. A fill associated with contour mining
				  and placed at or near the coal seam, and which does not exceed 250,000 cubic
				  yards may use the rock-core chimney drain.
C. The alternative rock-core chimney drain
				  system shall be designed and incorporated into the construction of
				  head-of-hollow fills as follows:
(1) The fill
				  shall have, along the vertical projection of the main stream channel or rill, a
				  vertical core of durable rock at least 16 feet thick which shall extend from
				  the toe of the fill to the head of the fill, and from the base of the fill to
				  the surface of the fill. A system of lateral rock underdrains shall connect
				  this rock core to each area of potential drainage or seepage in the disposal
				  area. Rocks used in the rock core and underdrains shall meet the requirements
				  of valley fills.
(2) A filter
				  system to ensure the proper functioning of the rock core shall be designed and
				  constructed using standard geotechnical engineering methods.
(3) The grading may drain surface water away
				  from the outslope of the fill and toward the rock core. The maximum slope of
				  the top of the fill shall be 33:1. A drainage pocket may be obtained at the
				  head of the fill during and after construction, to intercept surface runoff and
				  discharge the runoff through or over the rock drain, if stability of the fill
				  is not impaired. This pocket or sump may not have a potential for impounding
				  more than 10,000 cubic feet of water. Terraces on the fill shall be graded with
				  a 3 to 5 percent grade toward the fill and 1 percent slope toward the rock
				  core.
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 26.20.26 - Excess Spoil Disposal › Section 26.20.26.04 - Durable Rock Fills

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Bureau may approve alternative methods of disposal of hard rock spoil,
				  including fill placement by dumping in a single lift, on a site specific basis,
				  provided the services of a registered professional engineer experienced in the
				  design and construction of earth and rockfill embankments are used and provided
				  the requirements of this regulation and the general requirements for disposal
				  of excess spoil are met.
B. "Hard
				  rock spoil" means rock fill consisting of at least 80 percent by volume of
				  sandstone, limestone, or other rocks that do not slake in water. Resistance of
				  the hard rock spoil to slaking shall be determined by using the slake index and
				  slake durability tests in accordance with guidelines and criteria established
				  by the Bureau.
C. Special
				  Placement.
(1) Spoil is to be transported and
				  placed in a specified and controlled manner which will ensure stability of the
				  fill.
(2) The method of spoil
				  placement shall be designed to ensure mass stability and prevent mass
				  movement.
(3) Loads of noncemented
				  clay shale, clay spoil, or both, in the fill shall be mixed with hard rock
				  spoil in a controlled manner to limit on a unit basis concentrations of
				  noncemented clay shale and clay in the fill. These materials shall comprise not
				  more than 20 percent of the fill volume as determined by tests performed by a
				  registered professional engineer and approved by the Bureau.
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 26.20.26 - Excess Spoil Disposal › Section 26.20.26.05 - Placement of Excess Spoil on Abandoned Mine Land

Current through Register Vol. 51, No. 14, July 12, 2024
A. Excess spoil from a permitted coal mining
				  operation may be placed on abandoned mine land outside of the permit area if
				  the Department determines that the:
(1)
				  Abandoned mine land is eligible for funding under Environment Article, Title
				  15, Subtitle 11, Annotated Code of Maryland;
(2) Abandoned mine land is referenced in the
				  permit application and identified on the permit map;
(3) Plan for the placement of the excess
				  spoil on the abandoned mine land meets all applicable design requirements of
				  Maryland's approved program;
(4)
				  Legal right to enter upon the abandoned mine land to place excess spoil on the
				  area has been obtained from the surface owner; and
(5) Excess spoil will be placed in accordance
				  with the provisions of a contract executed between the Department and the
				  permittee for reclamation of the abandoned mine land.
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 26.20.27 - Waste Handling › Section 26.20.27.01 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. All coal
				  mine waste shall be placed in designated disposal areas within a permit area,
				  which are approved by the Bureau for this purpose. Coal mine waste shall be
				  placed in a controlled manner to:
(1) Minimize
				  adverse effects of leachate and surface water runoff on surface and ground
				  water quality and quantity;
(2)
				  Ensure mass stability and prevent mass movement during and after
				  construction;
(3) Ensure that the
				  final disposal facility is suitable for reclamation and revegetation compatible
				  with the natural surroundings and the approved postmining land use;
(4) Create no public hazard; and
(5) Prevent combustion.
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 26.20.27 - Waste Handling › Section 26.20.27.02 - Site Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  qualified registered professional engineer, or other qualified professional
				  specialist under the direction of the professional engineer, shall inspect the
				  coal mine waste disposal facility during construction. The professional
				  engineer or specialist shall be experienced in the construction of similar
				  earth and waste structures.
B.
				  Inspections shall be made at least quarterly throughout construction and during
				  critical construction periods. Critical construction periods shall include at a
				  minimum:
(1) Foundation preparation including
				  the removal of all organic material and topsoil;
(2) Placement of underdrains and protective
				  filter systems;
(3) Installation of
				  final surface drainage systems; and
(4) The final graded and revegetated
				  facility.
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 26.20.27 - Waste Handling › Section 26.20.27.03 - Water Control Measures for Coal Mine Waste Disposal Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the disposal
				  area contains springs, natural or man-made water courses, or wet weather seeps,
				  the design shall include diversions and underdrains as necessary to control
				  erosion, prevent water infiltration into the disposal facility, and ensure
				  stability. If a subdrainage system is used, it shall:
(1) Intercept all ground water
				  sources;
(2) Be protected by an
				  adequate filter;
(3) Be covered so
				  as to protect against the entrance of surface water or leachate from the coal
				  mine waste;
(4) Consist of durable
				  rock or pipe;
(5) Be designed and
				  constructed using current, prudent engineering practices and meet design
				  criteria established by the Bureau and the requirements of
				  30 CFR §
												77.214 and
				  77.215; and
(6) Be designed to carry the anticipated
				  seepage of water due to rainfall away from the fill and from seeps and springs
				  in the foundation of the disposal area and be protected from piping and
				  contamination by an adequate filter.
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 26.20.27 - Waste Handling › Section 26.20.27.04 - Construction Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Refuse
				  piles shall be constructed in compliance with the requirements of COMAR
				  26.20.26, except to the extent that the requirements of that chapter are varied
				  in this regulation.
B. Refuse piles
				  shall have a minimum static safety factor of 1.5.
C. Compaction requirements during
				  construction or modification of all coal mine waste disposal facilities are as
				  follows:
(1) Waste shall be spread in layers
				  not more than 24 inches in thickness.
(2) Waste shall be compacted to attain 90
				  percent of the maximum dry density to prevent spontaneous combustion and to
				  provide the strength required for stability of the coal processing waste bank.
				  Dry densities shall be determined in accordance with the American Association
				  of State Highway and Transportation Officials (AASHTO) Specification T99-74
				  (Twelfth Edition) (July, 1978), or an equivalent method.
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 26.20.27 - Waste Handling › Section 26.20.27.05 - Burning Coal Mine Wastes

Current through Register Vol. 51, No. 14, July 12, 2024
Coal mine waste fires shall be extinguished by the person
					 who conducts the surface mining activities, in accordance with a plan approved
					 by the Bureau and the federal Mine Safety and Health Administration (MSHA). The
					 plan shall contain, at a minimum, provisions to ensure that only those persons
					 authorized by the operator and who have an understanding of the procedures to
					 be used shall be involved in the extinguishing operations.
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 26.20.27 - Waste Handling › Section 26.20.27.06 - Removal of Burned or Burning Coal Mine Wastes from a Disposal Area

Current through Register Vol. 51, No. 14, July 12, 2024
Before any burned or burning coal mine waste is removed
					 from a disposal area, approval shall be obtained from the Bureau. A plan for
					 removal, with maps and appropriate drawings to illustrate the proposed sequence
					 of the operation, shall be submitted to the Bureau. Consideration shall be
					 given in the plan to potential hazards to persons working or living in the
					 vicinity of the structure. The plan shall be certified by a qualified
					 engineer.
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 26.20.27 - Waste Handling › Section 26.20.27.07 - Disposal of Coal Mine Waste to Underground Workings

Current through Register Vol. 51, No. 14, July 12, 2024
Coal mine waste may be disposed of in underground mine
					 workings only in accordance with a plan approved by the Bureau and
					 MSHA.
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 26.20.27 - Waste Handling › Section 26.20.27.08 - Disposal of Non-Coal Wastes

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Non-coal wastes including, but not limited to, grease, lubricants, paints,
				  flammable liquids, garbage, abandoned mining machinery, lumber, and other
				  combustibles generated during surface mining activities shall be placed and
				  stored in a controlled manner in a designated portion of the permit area.
				  Placement and storage shall ensure that leachate and surface runoff do not
				  degrade surface or ground water, fires are prevented, and that the area remains
				  stable and suitable for reclamation and revegetation compatible with the
				  natural surroundings.
B. Final
				  disposal of non-coal wastes shall be in a designated disposal site in the
				  permit area or a State-approved solid waste disposal area. Disposal sites shall
				  be designed and constructed with appropriate water barriers on the bottom and
				  sides of the site. Wastes shall be routinely compacted and covered to prevent
				  combustion and wind-borne waste. When the disposal is completed, a minimum of 2
				  feet of soil cover shall be placed over the site, slopes stabilized, and
				  revegetation accomplished. Operation of the disposal site shall be conducted in
				  accordance with all local, State, and federal requirements.
C. Non-coal waste may not be deposited in a
				  refuse pile or impounding structure. An excavation for a non-coal mine waste
				  disposal site may not be located within 8 feet of any coal outcrop or coal
				  storage area.
D. Any non-coal mine
				  waste defined as "hazardous" under § 3001 of the Resource Conservation and
				  Recovery Act ( PL 94-580) shall be handled in accordance with the requirements
				  of Subtitle C of RCRA and any implementing regulations.
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 26.20.27 - Waste Handling › Section 26.20.27.09 - General Requirements for Coal Mine Waste Impounding Structures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Coal mine waste
				  may not be used in the construction of impounding structures unless it has been
				  demonstrated that the stability of the structure will be ensured, and that the
				  use of coal mine waste will not have a detrimental effect on downstream water
				  quality or the environment due to acid seepage through the impounding
				  structure. All demonstrations shall be submitted to and approval obtained from
				  the Bureau before construction.
B.
				  Impounding structures constructed of coal mine waste or impounding coal mine
				  waste may not be retained permanently as part of the approved postmining land
				  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 26.20.27 - Waste Handling › Section 26.20.27.10 - Site Preparation for Coal Mine Waste Impounding Structures

Current through Register Vol. 51, No. 14, July 12, 2024
Before coal mine waste is placed at a dam or embankment
					 site:
A. All vegetative and organic
				  materials shall be removed from the site and disposed of in an approved manner
				  and location. All topsoil shall be removed and handled in accordance with COMAR
				  26.20.25.02 a.
B. Surface drainage that may cause
				  instability or erosion to the embankment area, or the embankment features,
				  whether during construction or after completion, shall be diverted away from
				  the embankment by diversion ditches. Diversions that are designed to divert
				  drainage from the upstream area or from the surface of the facility shall be
				  designed to carry the peak runoff from a 100-year, 6-hour precipitation event.
				  The diversion shall be maintained to prevent blockage, and sediment control
				  measures shall be provided at the discharge of each diversion ditch before
				  entry into natural watercourses.
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 26.20.27 - Waste Handling › Section 26.20.27.11 - Design and Construction Requirements for Coal Mine Waste Impounding Structures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  design of each dam and embankment constructed of coal mine waste, or intended
				  to impound this waste, shall comply with the permanent and temporary
				  impoundment requirements of the Regulatory Program, modified as follows:
(1) The design freeboard between the lowest
				  point on the embankment crest and the maximum water elevation shall be at least
				  3 feet. The maximum water elevation shall be that determined by the freeboard
				  hydrograph criteria contained in the U.S. Soil Conservation Service criteria
				  referenced in COMAR
				  26.20.21.08 a A(5).
(2) The dam and embankment shall have a
				  minimum safety factor of 1.5 for the partial pool with steady seepage
				  saturation conditions, and a seismic safety factor of at least 1.5.
(3) The dam or embankment foundation and
				  abutments shall be designed to be stable under all conditions of construction
				  and operation of the impoundment. Sufficient foundation investigations and
				  laboratory testing shall be performed to determine the safety factors of the
				  dam or embankment for all loading conditions shown in §A(1) and (2) of this
				  regulation, for all increments of construction.
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 26.20.28 - Backfilling › Section 26.20.28.01 - Contemporaneous Reclamation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Reclamation efforts, including, but not limited to, backfilling, grading,
				  topsoil replacement and revegetation, of all land that is disturbed by surface
				  mining activities, shall occur as contemporaneously as practicable with mining
				  operations.
B. Unless otherwise
				  approved by the Bureau, upon a demonstration by the permittee, through a
				  detailed written analysis, in the permit application, that a variation is
				  necessary:
(1) In contour mining operations,
				  rough backfilling and grading shall follow coal removal by not more than 1500
				  linear feet;
(2) In area surface
				  mining operations, rough backfilling and grading may not be more than three
				  spoil ridges behind the pit being worked, the spoil from the active pit being
				  considered the first ridge;
(3) In
				  addition to, and notwithstanding the requirements of, §B(1) and (2) of this
				  regulation, rough backfilling and grading shall begin within a time not to
				  exceed 60 days of completion of all coal removal within a pit, designated area,
				  or phase, and shall be continuous until completion;
(4) Within 5 days of completion of all coal
				  removal on the permit area, rough backfilling and grading shall begin on the
				  unreclaimed areas, and shall be continuous until completion, not to exceed 1
				  year after all coal removal.
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 26.20.28 - Backfilling › Section 26.20.28.02 - Method for Backfilling and Grading

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as specifically exempted in this
				  chapter, all disturbed areas shall be returned to their approximate original
				  contour. All spoil shall be transported, backfilled, compacted (where advisable
				  to ensure stability or to prevent leaching) and graded to eliminate all
				  highwalls, spoil piles, and depressions.
B. Backfilled material shall be placed to
				  minimize erosion and water pollution both on and off the site, to minimize
				  adverse effects on ground water, and to support the approved postmining land
				  use.
C. The postmining graded
				  slopes need not be of uniform slope.
D. Cut-and-fill terraces may be used only in
				  those situations expressly identified in 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 26.20.28 - Backfilling › Section 26.20.28.03 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Postmining final graded slopes need not be uniform but shall approximate the
				  general nature of the pre-mining topography. These requirements may be modified
				  by the Bureau where the surface mining activities are reaffecting previously
				  mined lands that have not been restored to these standards, and sufficient
				  spoil is not available to otherwise comply with this chapter. The permittee
				  shall, at a minimum:
(1) Retain all overburden
				  and spoil on the solid portion of existing or new benches; and
(2) Backfill and grade to the most moderate
				  slope possible to eliminate the highwall which does not exceed either the angle
				  of repose or such lesser slope as is necessary to achieve a minimum long-term
				  static safety factor of 1.5. In all cases the highwall shall be
				  eliminated.
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 26.20.28 - Backfilling › Section 26.20.28.04 - Covering Coal and Acid-Forming and Toxic-Forming Materials

Current through Register Vol. 51, No. 14, July 12, 2024
A. Cover.
(1) The permittee shall either cover, with a
				  minimum of 4 feet of the best available nontoxic and noncombustible material,
				  or treat all exposed coal seams remaining after mining, and all acid-forming
				  materials, toxic-forming materials, combustible materials, or any other
				  materials identified by the Bureau as exposed, used, or produced during
				  mining.
(2) Cover or treatment
				  shall be provided so as to neutralize toxicity, acidity, and combustibility in
				  order to prevent water pollution and sustained combustion, and to minimize
				  adverse effects on plant growth and land uses.
(3) Where necessary to protect against upward
				  migration of salts, exposure by erosion, formation of acid or toxic seeps, to
				  provide an adequate depth for plant growth, or otherwise to meet local
				  conditions, the Bureau shall specify thicker amounts of cover using nontoxic
				  materials, or special compaction and isolation from ground water
				  contact.
(4) Acid-forming or
				  toxic-forming material may not be buried or stored in proximity to a drainage
				  course so as to cause or pose a threat of water pollution.
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 26.20.28 - Backfilling › Section 26.20.28.05 - Overburden

Current through Register Vol. 51, No. 14, July 12, 2024
Surface mining activities shall be conducted to meet, at a
					 minimum, the following standards:
A.
				  All spoil and wastes not required to achieve the approximate original contour
				  of the mine plan area shall be hauled or conveyed, backfilled, or graded to the
				  lowest practicable grade, to achieve a static factor of safety of 1.3 and cover
				  all acid-forming and other toxic-forming materials;
B. Haul or convey, backfill, and grade excess
				  spoil and wastes only within the permit area and dispose of the materials in
				  accordance with COMAR 26.20.26.
C.
				  Haul or convey, backfill, and grade excess spoil and wastes to maintain the
				  hydrologic balance and to provide long term stability by preventing slides,
				  erosion, and water pollution;
D.
				  Haul or convey, backfill, grade, and revegetate wastes and excess spoil to
				  achieve an ecologically sound land use approved by the Bureau as compatible
				  with the prevailing land uses in unmined areas surrounding the mine plan
				  area;
E. Eliminate all highwalls
				  and depressions by backfilling with spoil and suitable waste materials;
				  and
F. Meet the revegetation
				  requirements for all disturbed areas.
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 26.20.28 - Backfilling › Section 26.20.28.06 - Regrading or Stabilizing Rills and Gullies

Current through Register Vol. 51, No. 14, July 12, 2024
When rills or gullies deeper than 9 inches form in areas
					 that have been regraded and top-soiled, the rills and gullies shall be filled,
					 graded, or otherwise stabilized and the area area reseeded or replanted in
					 accordance with the revegetation requirements. The Bureau shall specify that
					 rills or gullies of lesser size be stabilized and the area reseeded or
					 replanted if the rills or gullies are disruptive to the approved postmining
					 land use or may result in additional erosion and
					 sedimentation.
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 26.20.29 - Revegetation › Section 26.20.29.01 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  for water areas and surface areas of roads that are approved as part of the
				  postmining land use, the permittee shall establish a vegetative cover on
				  regraded areas and on all other disturbed areas to stabilize the soil, minimize
				  damage from sediment and runoff to downstream areas, and establish a permanent
				  vegetative cover compatible with the approved postmining land use, that is in
				  accordance with the approved permit and reclamation plan and that is:
(1) Diverse, effective, and
				  permanent;
(2) Comprised of species
				  native to the area, or of introduced species when desirable and necessary to
				  achieve the approved postmining land use and approved by the Bureau;
(3) At least equal in extent of cover to the
				  natural vegetation of the area; and
(4) Capable of quickly stabilizing the soil
				  surface from erosion.
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 26.20.29 - Revegetation › Section 26.20.29.02 - Timing

Current through Register Vol. 51, No. 14, July 12, 2024
Seeding and planting of disturbed areas shall be conducted
					 during the first normal period for favorable planting conditions after final
					 regrading and spreading of topsoil. The normal period for favorable planting
					 shall be that planting time generally accepted locally for the type of plant
					 materials selected. When necessary to effectively control erosion, any
					 disturbed area shall be seeded and planted, as contemporaneously as practicable
					 with the completion of backfilling and grading, with a temporary cover of small
					 grains, grasses, or legumes until a permanent cover is
					 established.
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 26.20.29 - Revegetation › Section 26.20.29.03 - Plant Species Selection and Land Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
A. All planting plans, including trees and
				  shrubs, shall include provisions for a herbaceous cover. The selection of plant
				  species shall be based on proposed postmining land use, elevation, and soil
				  conditions.
B. Establishment of a
				  temporary or permanent herbaceous vegetative cover requires the following
				  treatment:
(1) Preparation of a seed bed by
				  discing, harrowing, or other methods, if an adequate seed bed does not
				  exist;
(2) Application of lime to
				  obtain a proper pH for the seed mixture to be planted, with minimum rate of 4
				  tons of lime per acre required, although a liming rate based on a soil analysis
				  may be substituted for the minimum rate;
(3) Application of fertilizer to ensure
				  proper nutrients for plant growth, with minimum rate of 400 pounds per acre of
				  10-20-20 or equivalent required, although a fertilizer rate based on soil
				  analysis may be substituted for the minimum rate;
(4) Inoculation of legume seed with proper
				  strain, and triple the inoculation rate if hydroseeded;
(5) Protection of seeded area from livestock
				  grazing and harvesting;
(6) Fall
				  seeding of legumes to be completed by September 1; and
(7) Spring planting of seedlings to be
				  completed before May 1.