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 26.20.06 - Permit Applications - Judicial Review › Section 26.20.06.03 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any
				  applicant or any person with an interest which is or may be adversely affected,
				  who has participated in administrative proceedings under this chapter as an
				  objector, and who is aggrieved by a decision of the Department, or if the
				  Department fails to act within a time limit specified in this subtitle, has the
				  right to appeal in accordance with State Government Article, Title 10, Subtitle
				  2, Annotated Code of Maryland.
B.
				  If the final Department decision is to issue a permit, initiation of judicial
				  review procedures does not automatically stay the issuance 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 26.20.07 - Permit Review and Transfer of Permit Rights › Section 26.20.07.01 - Review of Outstanding Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Bureau shall review each permit under the Regulatory Program on an annual
				  basis, and before any permit renewal.
B. After review, the Bureau may require
				  revision or modification of any permit provisions in order to ensure compliance
				  with the Regulatory Program.
C. The
				  Bureau shall inform the permittee, in writing, of any required changes in the
				  permit.
D. Within 15 days of
				  receipt of notification of any required changes, the permittee may request an
				  adjudicatory hearing in accordance with COMAR 26.20.34.
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 26.20.07 - Permit Review and Transfer of Permit Rights › Section 26.20.07.02 - Permit Revisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  revision to a permit shall be obtained:
(1)
				  Before implementation of any changes in the surface coal mining or reclamation
				  operations approved under the original permit, when these changes constitute a
				  significant departure from the method of conduct of mining or reclamation
				  operations contemplated by the original permit;
(2) In order to continue operation, after any
				  material reduction of the performance bond or other equivalent guarantee upon
				  which the original permit was issued; or
(3) As otherwise 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 26.20.07 - Permit Review and Transfer of Permit Rights › Section 26.20.07.03 - Permit Renewals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any valid,
				  existing permit issued pursuant to the Regulatory Program shall carry with it
				  the right of successive renewal upon expiration of the term of the permit.
				  However, successive renewal is available only for those areas which were
				  specifically approved by the Bureau as within the boundaries of the
				  permit.
B. Complete applications
				  for renewal of a permit shall be made at least 120 days before the expiration
				  date of the permit. Renewal applications shall be in a form as required by the
				  Bureau, and include at a minimum:
(1) The name
				  and address of the permittee, the term of the renewal requested, the permit
				  number, and a description of any changes to the matters set forth in the
				  original application for a permit or prior permit renewal;
(2) A copy of the proposed newspaper
				  advertisement under COMAR 26.20.04; the proof of publication of the
				  advertisement shall be submitted within two weeks after the last date of
				  publication; and
(3) Evidence that
				  a liability insurance policy will be provided by the applicant for the proposed
				  new period of time.
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 26.20.07 - Permit Review and Transfer of Permit Rights › Section 26.20.07.04 - Transfer, Assignment, or Sale of Permit Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person seeking to succeed by transfer,
				  assignment, or sale to the rights granted by a permit issued under the
				  Regulatory Program, and before the date of the transfer, assignment, or sale,
				  shall:
(1) Obtain performance bond coverage
				  by methods that would provide that reclamation of all areas affected by the
				  original permittee is assured under bonding coverage at least equal to that of
				  the original permittee; and
(2)
				  Provide the Bureau with an application for approval of the proposed transfer,
				  assignment, or sale, including:
(a) The name
				  and address of the existing permittee,
(b) The name and address of the person
				  proposing to succeed by the transfer, assignment, or sale, and the name and
				  address of that person's resident agent,
(c) A brief description of the proposed
				  action requiring approval, and
(d)
				  The same information as is required under COMAR
				  26.20.02.03 a A-----Q for
				  applications for new permits.
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 26.20.08 - Prospecting › Section 26.20.08.02 - Prospecting Bond

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  Department determines, after review of the notice filed pursuant to this
				  chapter, that the proposed prospecting operation is reasonably likely to cause
				  substantial disturbance to the natural land surface or to cause serious harm to
				  a water supply or water quality, the Bureau shall inform the person submitting
				  the notice that the proposed prospecting operation may not begin before
				  obtaining the written approval of the Bureau and submitting to the Bureau a
				  prospecting bond in the amount specified under §B of this regulation.
B. The amount of any prospecting bond
				  required under §A of this regulation shall be $1,500 per acre of affected land,
				  unless the Bureau determines in writing that conditions affecting reclamation
				  costs at an operation require an amount greater than $1,500 per acre in order
				  to assure that the estimated total cost of reclamation will be
				  covered.
C. The prospecting bond
				  may be applied against the requirement for bonding a surface coal mining
				  operation permit if a permit is obtained covering the prospecting area. If an
				  open-pit mining permit is not obtained on the area, the bond shall be released,
				  upon casing, or sealing of all drill holes, and satisfactory regrading and
				  establishment of a permanent diverse species vegetative cover on 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 26.20.08 - Prospecting › Section 26.20.08.03 - Reclamation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The Bureau may not give written approval to any prospecting
					 operation proposed to be conducted or controlled by a person who has failed to
					 reclaim any other prospecting or surface coal mining operation in accordance
					 with the reclamation requirements applicable to that
					 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 26.20.08 - Prospecting › Section 26.20.08.04 - Prospecting Operation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following requirements shall apply to
				  all prospecting operations:
(1) A maximum of
				  200 tons of coal may be removed from any prospecting area;
(2) Each prospect pit opening may not be more
				  than 1 acre in size and shall be backfilled, seeded, and mulched within 30 days
				  after it is opened;
(3) A maximum
				  of 10 acres may be affected under a notice of intent to prospect or prospecting
				  approval; and
(4) A notice of
				  intent to prospect or prospecting approval shall be valid for 1 year from its
				  date of filing or issue.
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 26.20.08 - Prospecting › Section 26.20.08.05 - Public Availability of Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this
				  regulation, all information submitted to the regulatory authority under this
				  chapter shall be made available for public inspection and copying at the local
				  offices of the regulatory authority closest to the exploration area.
B. The regulatory authority may not make
				  information available for public inspection, if the person submitting it
				  requests in writing, at the time of submission, that it not be disclosed and
				  the regulatory authority determines that the information is
				  confidential.
C. The regulatory
				  authority shall determine that information is confidential if it concerns trade
				  secrets or is privileged commercial or financial information which relates to
				  the competitive rights of the person intending to conduct coal
				  exploration.
D. Information
				  requested to be held as confidential under this regulation may not be made
				  publicly available until after notice and opportunity to be heard is afforded
				  both persons seeking and opposing disclosure of the information.
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 26.20.08 - Prospecting › Section 26.20.08.06 - Copy of Notice or Approval

Current through Register Vol. 51, No. 14, July 12, 2024
All operators conducting prospecting activities shall have
					 a copy of the notice of intent to prospect or prospecting approval available at
					 or near the prospecting area or areas for review by the Bureau upon
					 request.
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 26.20.09 - Open-Pit Mining on State-Owned Land › Section 26.20.09.01 - General Policy

Current through Register Vol. 51, No. 14, July 12, 2024
When mining is not otherwise prohibited by statute or
					 regulation, all open-pit mining operations on land owned by the State, whether
					 or not the ownership includes mineral rights incident to the land, shall comply
					 with the requirements of this subtitle. This includes provisions relating to
					 permit applications, bonding and insurance, as well as all performance and
					 reclamation standards. In addition, the following regulations set out special
					 requirements applicable to open-pit mining and reclamation operations on land
					 owned by the State. Open-pit mining on State-owned land is permitted
					 only:
A. To the extent that it will
				  directly promote the proper reclamation of abandoned surface or deep mines;
				  or
B. In the case of public
				  construction activities, to the extent that mining will accomplish the
				  construction project or avoid, eliminate, or reduce adverse environmental
				  impacts and hazardous conditions associated with construction projects such as
				  water pollution, subsidence, and landslides.
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 26.20.09 - Open-Pit Mining on State-Owned Land › Section 26.20.09.02 - Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicants for
				  permits to mine on State-owned land shall comply with the permit application
				  requirements of this subtitle as specified in COMAR 26.20.02 and, if
				  applicable, COMAR 26.20.03. The Bureau of Mines shall process the application
				  as provided by COMAR 26.20.04 except that the Bureau shall also forward a copy
				  of the application to the agency responsible for management of the area to be
				  affected by mining. The copy of the application that is sent to the management
				  agency shall be instead of any notification that would otherwise be sent to
				  that agency under COMAR 26.20.04. The management agency shall evaluate the
				  application and prepare an analysis of the impact of the proposed mining on the
				  current and future use of the area and on State policies and objectives
				  applicable to the area. The management agency shall forward its recommendations
				  to the Bureau.
B. Any permit for
				  open-pit mining on State-owned land is subject to the approval of the Board of
				  Public Works.
C. Permits may not be
				  issued for open-pit mining in conjunction with the reclamation of abandoned
				  open-pit mines unless:
(1) The disturbed area
				  of the abandoned open-pit mine is at least 2 acres; and
(2) One or more of the following conditions
				  exist which will be wholly or partially corrected by the proposed mining:
(a) Active soil erosion,
(b) Water pollution,
(c) Highwalls more than 10 feet high,
				  or
(d) Potential landslide
				  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 26.20.09 - Open-Pit Mining on State-Owned Land › Section 26.20.09.03 - Disturbed Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. The area to
				  be disturbed by open-pit mining in conjunction with the reclamation of an
				  abandoned open-pit mine shall be limited to that area necessary to blend the
				  abandoned mine with the surrounding adjacent topography. This area may not
				  exceed the disturbed area of the abandoned mine, including the pit and spoil
				  areas, plus:
(1) The area within a distance
				  of 400 feet perpendicular to the abandoned mine highwall;
(2) The area within a distance of 200 feet
				  lateral to the ends of the abandoned mine highwall; and
(3) The minimal area necessary to stockpile
				  topsoil and overburden during mining activities and to gain access to the site
				  as determined 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 26.20.10 - Areas Where Mining is Prohibited or Limited › Section 26.20.10.01-1 - Demonstration Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order
				  to meet the needed for and immediately adjacent standard in Regulation
				  .01B(7)(a)(ii) of this regulation, a person shall demonstrate that prohibiting
				  expansion of the surface coal mining operation onto land under the protection
				  of Environment Article, §
										15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 of this chapter, would unfairly
				  impact the viability of the operation as originally planned before the land
				  came under the protection of Environment Article, §
										15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 of this chapter. Except for
				  operations in existence before August 3, 1977, or for which a good faith effort
				  to obtain all necessary permits had been made before August 3, 1977, this
				  standard does not apply to lands already under the protection of Environment
				  Article, §
										15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 of this chapter, when the Bureau
				  approved the permit for the original operation or when the good faith effort to
				  obtain all necessary permits for the original operation was made.
B. In evaluating whether a person meets the
				  standard in §A of this regulation, the Bureau may consider factors such as:
(1) The extent to which the coal supply
				  contracts or other legal and business commitments that predate the time the
				  land came under the protection of Environment Article, §
											15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 of this chapter, depend upon use
				  of that land for surface coal mining operations;
(2) The extent to which plans used to obtain
				  financing for the operation before the land came under the protection of
				  Environment Article, §
											15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 of this chapter, rely upon the
				  use of that land for surface coal mining operations;
(3) The extent to which investments in the
				  operation before the land came under the protection of Environment Article, §
											15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 of this chapter, rely upon the
				  use of that land for surface coal mining operations; or
(4) Whether the land lies within the areas
				  identified on the map required under COMAR
				  26.20.02.10 a A(6) before the land
				  came under the protection of Environment Article, §
											15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 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 26.20.10 - Areas Where Mining is Prohibited or Limited › Section 26.20.10.02 - Prohibition

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to valid existing rights, as determined under
					 Regulation .07 of this chapter, or an exception for an existing operation under
					 Regulation .04 of this chapter, surface coal mining operations may not be
					 conducted on any of the following lands:
A. Lands within the boundaries of the
				  Youghiogheny River Scenic Corridor;
B. Lands which will adversely affect any
				  publicly owned park or any publicly owned places included on the National
				  Register of Historic Places, unless approved jointly by the Bureau and the
				  federal, State, or local agency with jurisdiction over the park or
				  places;
C. Lands within 100 feet
				  measured horizontally from the outside right-of-way line of any public road,
				  except:
(1) Where mine access roads or haulage
				  roads are located within the right-of-way line in order to join the public
				  road; or
(2) Where the Bureau
				  allows the public road to be relocated, closed, or the area affected to be
				  within 100 feet of this road, after requiring the applicant to obtain the
				  written approval of the authority with jurisdiction over the public road, and
				  making a written finding that the interests of the affected public and
				  landowners will be protected;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.10 - Areas Where Mining is Prohibited or Limited › Section 26.20.10.03 - Determination of Limits and Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a complete application for
				  a surface coal mining operation permit or a revision of the boundaries of a
				  surface coal mining operation permit, the Bureau shall review the application
				  to determine whether the proposed surface coal mining operations are limited or
				  prohibited under this chapter.
B.
				  If the proposed operation is to be located on any lands where surface coal
				  mining is prohibited, the Bureau shall reject any portion of the application
				  that would locate surface coal mining operations on land protected under
				  Regulation .02 of this chapter unless:
(1)
				  The site qualifies for an exception for existing operations under Regulation
				  .04 of this chapter;
(2) The
				  applicant has valid existing rights for the land as determined under Regulation
				  .07 of this chapter;
(3) The
				  applicant obtains a waiver or exception from the prohibitions of Regulation
				  .02C, D, and E of this chapter in accordance with §§D, E, and F of this
				  regulation; or
(4) For land
				  protected by Regulation .02B of this chapter, both the Bureau and the agency
				  with jurisdiction over the park or place jointly approve the proposed operation
				  in accordance with §H of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.10 - Areas Where Mining is Prohibited or Limited › Section 26.20.10.04 - Exception for Existing Operations

Current through Register Vol. 51, No. 14, July 12, 2024
The prohibitions and limitations of Regulation .02 of this
					 chapter do not apply to surface coal mining operations for which a permit
					 issued by the Bureau under the Regulatory Program exists when the land comes
					 under the protection of Regulation .02 of this chapter. This exception only
					 applies to lands within the permit area as it exists when the land comes under
					 the protection of Regulation .02 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 26.20.10 - Areas Where Mining is Prohibited or Limited › Section 26.20.10.05 - Submission of Valid Existing Rights Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person that intends to conduct surface
				  coal mining operations on the basis of valid existing rights under Regulation
				  .02 of this chapter shall submit a request for a valid existing rights
				  determination to the Bureau. This request may be submitted before preparing and
				  submitting an application for a permit for the land.
B. A request for a valid existing rights
				  determination that relies on the good faith/all permits standard or the needed
				  for and adjacent standard in Regulation .01B(7)(a)(ii) of this chapter shall
				  provide a property rights demonstration. The demonstration shall include:
(1) A legal description of the land to which
				  the request pertains;
(2) Complete
				  documentation of the character and extent of the requestor's current interests
				  in the surface and mineral estates of the land to which the request
				  pertains;
(3) A complete chain of
				  title for the surface and mineral estates of the land to which the request
				  pertains;
(4) A description of the
				  nature and effect of each title instrument that forms the basis of the request,
				  including any provision pertaining to the type or method of mining or
				  mining-related surface disturbances and facilities;
(5) A description of the type and extent of
				  surface coal mining operations that the requestor claims the right to conduct,
				  including the method of mining, any mining-related surface activities and
				  facilities, and an explanation of how these operations would be consistent with
				  State property law;
(6) Complete
				  documentation of the nature and ownership, as of the date that the land came
				  under the protection of Environment Article, §
											15-505(b)(2),
				  Annotated Code of Maryland, or Regulation .02 of this chapter, of all property
				  rights for the surface and mineral estates of the land to which the request
				  pertains;
(7) Names and addresses
				  of the current owners of the surface and mineral estates of the land to which
				  the request pertains;
(8)
				  Documentation that, if the coal interests have been severed from other property
				  interests, the owners of other property interests in the land to which the
				  request pertains have been notified and provided an opportunity to comment on
				  the validity of the property rights claimed in the request within 30 days of
				  the notice; and
(9) Any comments
				  received in response to the notification required by §B(8) of this
				  regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.10 - Areas Where Mining is Prohibited or Limited › Section 26.20.10.06 - Review of Valid Existing Rights Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a request for a valid
				  existing rights determination, the Bureau shall complete an initial review to
				  determine if the request includes all applicable requirements of Regulation .05
				  of this chapter. If the request does not include all of the applicable
				  information, the Bureau shall return the request with notification of the
				  missing information.
B. If the
				  request is not returned to the Bureau within 30 days after receipt of the
				  notification in §A of this regulation, the Bureau shall issue a determination
				  that valid existing rights have not been demonstrated in accordance with
				  Regulation .07 of this chapter.
C.
				  When the Bureau determines that a request for a valid existing rights
				  determination is complete, the Bureau shall:
(1) Notify the requestor, in writing, that
				  the application is complete and require the requestor to publish the notice
				  required by §D of this regulation; and
(2) Provide a copy of the notice required by
				  §C(1) of this regulation to:
(a) The Bureau
				  of Mines;
(b) All reasonably
				  locatable owners of surface and mineral estates in the land included in the
				  request; and
(c) The owner of the
				  feature causing the land to come under the protection of Regulation .02 of this
				  chapter, and when applicable, the agency with primary jurisdiction over the
				  feature with respect to the values causing the land to come under the
				  protection of Regulation .02 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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Fragile lands" means geographic areas
				  containing natural, ecologic, scientific, or esthetic resources that could be
				  damaged or destroyed by surface coal mining operations. Examples of fragile
				  lands include valuable habitats for fish or wildlife, critical habitats for
				  endangered or threatened species of animals or plants, uncommon geologic
				  formations, National Natural Landmark sites, areas where mining may cause
				  flooding, environmental corridors containing a concentration of ecologic and
				  esthetic features, areas of recreational value due to high environmental
				  quality, and buffer zones adjacent to the boundaries of areas where surface
				  coal mining operations are prohibited under COMAR 26.20.10.
(2) "Historic lands" means historic or
				  cultural districts, places, structures, or objects, including archeological and
				  paleontological sites, National Historic Landmark sites, sites listed on or
				  eligible for listing on a State or national register of historic places, sites
				  having religious or cultural significance to Native Americans or religious
				  groups or sites for which historic designation is pending.
(3) "Natural hazard lands" means geographic
				  areas in which natural conditions exist that pose or, as a result of surface
				  coal mining operations, may pose, a threat to the health, safety, or welfare of
				  people, property, or the environment, including areas subject to landslides,
				  cave-ins, severe wind or soil erosion, frequent flooding, avalanches, and areas
				  of unstable geology.
(4)
				  "Substantial legal and financial commitments in a surface coal mining
				  operation" means significant investments that have been made on the basis of a
				  long-term coal contract in power plants, railroads, coal-handling, preparation,
				  extraction or storage facilities, and other capital-intensive activities. An
				  example would be an existing mine, not actually producing coal, but in a
				  substantial stage of development before production. Costs of acquiring the coal
				  in place or of the right to mine it without an existing mine, as described in
				  the above example, alone are not sufficient to constitute substantial legal and
				  financial commitments.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.02 - Right to Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  having an interest which is or may be adversely affected has the right to
				  petition the Bureau to have an area designated as unsuitable for surface coal
				  mining operations, or to have an existing designation terminated.
B. For the purpose of this chapter, a person
				  having an interest which is or may be adversely affected shall demonstrate how
				  the person:
(1) Meets an "injury in fact" test
				  by describing the injury to the person's specifically affected interests;
				  and
(2) Is among the
				  injured.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.03 - Petition Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Bureau shall determine what information shall be provided by the petitioner to:
(1) Have an area designated as unsuitable for
				  surface coal mining operations; or
(2) Terminate an existing
				  designation.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.04 - Criteria for Designating Lands as Unsuitable

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon petition, an area shall be designated
				  as unsuitable for all or certain types of surface coal mining operations if the
				  Bureau determines that reclamation is not technologically and economically
				  feasible under the Regulatory Program.
B. Upon petition an area may be (but is not
				  required to be) designated as unsuitable for certain types of surface coal
				  mining operations, if the operations will:
(1) Be incompatible with existing State or
				  local land use plans or programs;
(2) Affect fragile or historic lands in which
				  the operations could result in significant damage to important historic,
				  cultural, scientific, or esthetic values or natural systems;
(3) Affect renewable resource lands in which
				  the operations could result in a substantial loss or reduction of long-range
				  productivity of water supply or of food or fiber products; or
(4) Affect natural hazard lands in which the
				  operations could substantially endanger life and property, these lands to
				  include areas subject to frequent flooding and areas of unsuitable
				  geology.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.05 - Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 51, No. 14, July 12, 2024
The requirements of this chapter do not apply to:
A. Lands on which surface coal mining
				  operations were being conducted on August 3, 1977;
B. Lands covered by a permit issued under the
				  Interim Regulatory Program or the Regulatory Program; or
C. Lands where substantial legal and
				  financial commitments in surface coal mining operations were in existence
				  before January 4, 1977.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.06 - Prospecting on Area Designated Unsuitable

Current through Register Vol. 51, No. 14, July 12, 2024
Designation of any area as unsuitable for all or certain
					 types of surface coal mining operations pursuant to this chapter does not
					 prohibit coal prospecting in the area, if conducted in accordance with the
					 Regulatory Program, and other applicable requirements. Prospecting on any lands
					 designated unsuitable for surface coal mining operations must be approved by
					 the Bureau to ensure that exploration does not interfere with any value for
					 which the area has been designated unsuitable for surface coal
					 mining.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.08 - Petition Decision Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  In reaching its decision on a petition, the Bureau shall use:
(1) The information contained in the data
				  base and inventory system;
(2)
				  Information provided by other governmental agencies;
(3) The detailed statement prepared under
				  Regulation .07M of this chapter; and
(4) Any other relevant information submitted
				  during the comment period.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.09 - Data Base and Inventory System Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau shall develop a data base and
				  inventory system to assist in evaluation of petitions under this
				  chapter.
B. The Bureau shall
				  include in the system information relevant to the criteria in Regulation .04 of
				  this chapter, including but not limited to information received from the United
				  States Fish and Wildlife Service, the State Historic Preservation Officer, and
				  the agency administering § 127 of the Clean Air Act, as amended (42 U.S.C. §
											7470 et seq.).
C. The Bureau shall add to the data base and
				  inventory system information on potential coal resources of the State, demand
				  for those resources, the environment, the economy, and the supply of coal,
				  sufficient to enable the Bureau to prepare the statements required by
				  Regulation .07M of this chapter. The Bureau also shall add to the data base and
				  inventory system information that becomes available from petitions,
				  publications, experiments, permit applications, mining and reclamation
				  operations, and other sources.
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 26.20.11 - Designation of Areas as Unsuitable for Mining › Section 26.20.11.10 - Public Information

Current through Register Vol. 51, No. 14, July 12, 2024
The Bureau shall:
A. Make the information and data base system
				  developed under Regulation .09 of this chapter available to the public for
				  inspection free of charge and for copying at reasonable cost;
B. Provide information to the public on the
				  petition procedures necessary to have an area designated as unsuitable for all
				  or certain types of surface coal mining operations or to have designations
				  terminated and describe how the inventory and data base system can be
				  used;
C. Maintain maps of areas
				  designated as unsuitable for all or certain types of surface coal mining
				  operations;
D. Make available to
				  any person any information within its control regarding designations, including
				  mineral or elemental content which is potentially toxic in the environment,
				  except proprietary information on the chemical and physical properties of the
				  coal.
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 26.20.12 - Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction › Section 26.20.12.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
Coal extraction which is an incidental part of
					 government-financed construction is exempt from all requirements of the
					 Regulatory Program except the requirements 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 26.20.12 - Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction › Section 26.20.12.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) Government-Financed Construction.
(a) "Government-financed construction" means
				  construction funded 50 percent or more by funds appropriated from a government
				  financing agency's budget or obtained from general revenue bonds. Funding at
				  less than 50 percent may qualify if the construction is undertaken as an
				  approved reclamation project under Environment Article, Title 15, Subtitle 11,
				  Annotated Code of Maryland, and 30 CFR Subchapter R.
(b) "Government-financed construction" does
				  not mean government financing agency guarantees, insurance, loans, funds
				  obtained through industrial revenue bonds or their equivalent, or in-kind
				  payments.
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 26.20.12 - Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction › Section 26.20.12.03 - Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person
				  extracting coal incidental to government-financed highway or other construction
				  shall maintain, on the site of the extraction operation and available for
				  inspection, documents which show:
(1) A
				  description of the construction project;
(2) The exact location of the construction,
				  right-of-way, or the boundaries of the area which will be directly affected by
				  the construction; and
(3) The
				  government agency which is providing the financing and the kind and amount of
				  public financing, including the percentage of the entire construction costs
				  represented by the government financing.
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 26.20.12 - Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction › Section 26.20.12.04 - Government-Funded Reclamation Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  When the Bureau is considering an abandoned mine land reclamation project as
				  government-financed construction and the level of funding will be less than 50
				  percent of the total cost because of planned coal extraction, the Bureau shall
				  determine the likelihood:
(1) That nearby or
				  adjacent mining activities may create new environmental problems or adversely
				  affect existing environmental problems at the site;
(2) That reclamation activities at the site
				  may adversely affect nearby or adjacent mining activities; and
(3) Of the coal being mined under a permit
				  issued in accordance with Environment Article, Title 15, Subtitle 5, Annotated
				  Code of Maryland.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
All surface operations and activities conducted in
					 conjunction with deep mining of coal pursuant to Environment Article, Title 15,
					 Subtitle 6, Annotated Code of Maryland, shall comply with the requirements of
					 this subtitle. This includes provisions relating to permit applications,
					 bonding, and insurance, as well as all performance and reclamation standards.
					 In addition, the following regulations in this chapter set out special
					 requirements applicable to deep mines.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.02 - Temporary Casing and Sealing of Underground Openings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each mine entry which is temporarily
				  inactive, but has a further projected useful service under the approved permit
				  application, shall be protected by barricades or other covering devices, and
				  fenced and posted with signs, to prevent access into the entry and to identify
				  the hazardous nature of the opening. These devices shall be periodically
				  inspected and maintained in good operating condition by the person who conducts
				  the underground mining activities.
B. Each exploration hole, other drill hole,
				  or borehole, shaft, well, and other exposed underground opening which has been
				  identified in the approved permit application for use to return underground
				  development waste, coal processing waste, or water to underground workings, or
				  to be used to monitor ground water conditions, shall be temporarily sealed
				  until actual 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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.03 - Permanent Casing and Sealing of Underground Openings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless excepted under §B of this
				  regulation, each shaft, drift, adit tunnel, exploratory hole, entryway, or
				  other opening to the surface from underground shall be capped, sealed,
				  backfilled, or otherwise properly managed, as required by the Bureau. Permanent
				  closure measures shall be designed to prevent access to the mine workings by
				  people, livestock, fish and wildlife, and machinery, and to keep acid or other
				  toxic drainage from entering ground or surface waters.
B. Permanent closure may not be required
				  where an opening is needed for monitoring purposes, or is approved for transfer
				  as a water well or some other use upon a showing of no adverse environmental or
				  health and safety effects. Bureau approval shall be required for all these
				  exceptions.
C. Mine opening seals
				  shall be:
(1) Designed using the best
				  technology currently available and certified by a qualified registered
				  professional engineer; and
(2)
				  Certified after construction by a qualified registered professional engineer as
				  having been constructed according to the approved design.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.04 - Face-Up Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. The surface
				  disturbance for the face-up area may not exceed 400 lineal feet along the seam
				  to be mined.
B. The face-up area
				  shall be prepared in such a manner that drainage from the face-up area will
				  result in minimum erosion and sedimentation. The face-up area may not be
				  located in an area where the original contour of the land, measured from the
				  cropline of the seam to be mined to the estimated toe of the fill bench,
				  exceeds 20 degrees from the horizontal, unless no fill bench is created and the
				  spoil from the face-up area is disposed in a suitable disposal area.
C. The amount of overburden and the amount of
				  coal to be removed from the face-up area shall be set forth in the
				  plan.
D. Surface openings and
				  accesses to underground workings shall be located to prevent gravity discharge
				  of water from the mine, unless it is demonstrated that the untreated discharge
				  will comply with the performance standards of COMAR
				  26.20.21.02 a F.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.05 - Hydrologic Balance: General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, an owner of interest
				  in real property includes an owner, a renter, a tenant, or a lessee of real
				  property.
B. Operations shall be
				  conducted to minimize water pollution, and, where necessary, treatment methods
				  shall be used to control water pollution.
C. Acceptable practices to control and
				  minimize water pollution include but are not limited to:
(1) Stabilizing disturbed areas through land
				  shaping;
(2) Diverting
				  runoff;
(3) Achieving quickly
				  germinating and growing stands of temporary vegetation;
(4) Regulating channel velocity of
				  water;
(5) Lining drainage channels
				  with rock or vegetation;
(6)
				  Mulching;
(7) Selectively placing
				  and sealing acid-forming and toxic-forming materials;
(8) Designing mines to prevent gravity
				  drainage of acid waters;
(9)
				  Sealing;
(10) Controlling
				  subsidence; and
(11) Preventing
				  acid mine drainage.