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 26.20.19 - Roads › Section 26.20.19.02 - Location of Primary Roads

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Primary roads shall be located, insofar as possible, on the most stable
				  available areas to minimize erosion.
B. No part of any roads may be located in the
				  channel of an intermittent or perennial stream unless specifically approved by
				  the Bureau in accordance with the applicable requirements of COMAR 26.20.20 and
				  COMAR 26.20.21.02 a -.04.
C. Stream fords on perennial or intermittent
				  streams by primary roads are prohibited unless they are specifically approved
				  by the Bureau as temporary routes during periods of construction.
D. Roads shall be located to minimize
				  downstream sedimentation and flooding.
E. Seeding of Disturbed Area. All areas
				  disturbed in the construction of the road, including all cut and fill slopes,
				  shall be seeded and mulched at the earliest possible time during the first
				  planting season after 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 26.20.19 - Roads › Section 26.20.19.03 - Design and Construction of Primary Roads

Current through Register Vol. 51, No. 14, July 12, 2024
A. Primary roads shall be designed and
				  constructed or reconstructed in compliance with the standards of this
				  regulation in order to control subsequent erosion and disturbance of the
				  hydrologic balance.
B. Vertical
				  Alignment. Maximum road grades shall be as follows:
(1) The overall grade may not exceed 10:1 (10
				  percent);
(2) The maximum grade may
				  not exceed 6.5:1 (15 percent);
(3)
				  There may not be more than 300 feet of grade exceeding 10 percent within any
				  consecutive 1,000 feet of a road but there may not be any grade over 15
				  percent.
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 26.20.19 - Roads › Section 26.20.19.04 - Drainage Control for Primary Roads

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Each primary road shall be designed,
				  constructed or reconstructed, and maintained to have adequate drainage, using
				  structures such as but not limited to bridges, ditches, cross drains, and ditch
				  relief drains. The drainage control system shall be designed to safely pass
				  peak runoff from a 2-year, 24-hour precipitation event.
(2) Drainage pipes and culverts shall be
				  installed as designed and maintained in a free and operating condition and to
				  prevent or control erosion at inlets and outlets.
(3) Drainage ditches shall be constructed and
				  maintained to prevent uncontrolled drainage over the road surface and
				  embankment.
(4) Culverts shall be
				  installed and maintained to sustain the vertical soil pressure, the passive
				  resistance of the foundation, and the weight of vehicles using the
				  road.
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 26.20.19 - Roads › Section 26.20.19.05 - Surfacing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Roads shall be
				  surfaced with material approved by the Bureau as sufficiently durable for the
				  anticipated volume of traffic, and weight and speed of vehicles to be
				  used.
B. Acid-forming or
				  toxic-forming substances may not be used in road surfacing.
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 26.20.19 - Roads › Section 26.20.19.06 - Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Roads and
				  related structures shall be maintained in such a manner that the required or
				  approved design standards are met throughout their entire period of
				  use.
B. Access and haul roads shall
				  be maintained to eliminate water accumulation on the surface, rutting, and
				  dust.
C. Ditches, culverts, drains,
				  debris basins, and any sediment control structure may not be blocked in any
				  manner that impedes drainage or adversely affects the intended purpose of the
				  structure.
D. A road damaged by a
				  catastrophic event, such as a flood, shall be repaired as soon as is
				  practicable after the damage has occurred.
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 26.20.19 - Roads › Section 26.20.19.07 - Reclamation of Roads

Current through Register Vol. 51, No. 14, July 12, 2024
A road not to be retained under an approved postmining land
					 use shall be reclaimed in accordance with the approved reclamation plan as soon
					 as practicable after it is no longer needed for mining and reclamation
					 operations. This reclamation shall include:
(1) Closing the road to traffic;
(2) Removing all bridges and culverts, unless
				  approved as part of the postmining land use;
(3) Removing or disposing of road surfacing
				  materials that are incompatible with the postmining land use and revegetation
				  requirements;
(4) Reshaping cut and
				  fill slopes as necessary to be compatible with the postmining land use and to
				  complement the natural drainage pattern of the surrounding terrain;
(5) Protecting the natural drainage pattern
				  by installing dikes or cross drains, as necessary, to control surface runoff
				  and erosion; and
(6) Scarifying or
				  ripping the roadbed, replacing topsoil or substitute material, and revegetating
				  disturbed surfaces.
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 26.20.19 - Roads › Section 26.20.19.08 - Other Transportation Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
Railroad loops, spurs, sidings, surface conveyor systems,
					 chutes, aerial tramways, or other transportation facilities shall be designed,
					 constructed or reconstructed, and maintained, and the area restored in order
					 to:
A. Prevent damage to fish,
				  wildlife, and related environmental values;
B. Prevent additional contributions of
				  suspended solids to streamflow or runoff outside the permit area; any
				  contributions may not be in excess of the effluent limitations of the
				  Regulatory Program;
C. Control and
				  minimize diminution or degradation of water quality and quantity;
D. Control and minimize erosion and
				  siltation;
E. Control and minimize
				  air pollution;
F. Prevent damage to
				  public or private property.
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 26.20.19 - Roads › Section 26.20.19.09 - Support Facilities and Utility Installations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Support facilities required for, or used
				  incidental to, the operation of the mine, including but not limited to mine
				  buildings, coal loading facilities at or near the mine site, coal storage
				  facilities, equipment-storage facilities, fan buildings, preparation plants,
				  sheds, shops, and other buildings, shall be designed, constructed or
				  reconstructed, and located to prevent or control erosion and siltation, water
				  pollution, and damage to public or private property. Support facilities shall
				  be designed, constructed or reconstructed, maintained, and used in a manner
				  which prevents:
(1) Damage to fish, wildlife,
				  and related environmental values.
(2) To the extent possible, additional
				  contributions of suspended solids to streamflow or runoff outside the permit
				  area. Any contributions may not be in excess of the effluent limitations of 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 26.20.20 - Hydrologic Balance › Section 26.20.20.01 - Ground Water Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Backfilled materials shall be placed so as to:
(1) Minimize contamination of ground water
				  systems with acid, toxic, or otherwise harmful mine drainage;
(2) Minimize adverse effects of mining on
				  ground water systems outside the permit area; and
(3) Support approved postmining land
				  uses.
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 26.20.20 - Hydrologic Balance › Section 26.20.20.02 - Protection of Ground Water Recharge Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surface mining activities shall be
				  conducted in a manner that facilities restoration of the approximate pre-mining
				  recharge capacity, through restoration of the capability of the reclaimed areas
				  as a whole (excluding coal processing waste and underground development waste
				  disposal areas and fills) to transmit water to the ground water
				  system.
B. The recharge capacity
				  shall be restored to a condition which:
(1)
				  Supports the approved postmining land use;
(2) Minimizes disturbances to the prevailing
				  hydrologic balance in the mine plan area and in adjacent areas; and
(3) Provides a rate of recharge that
				  approximates the pre-mining recharge rate.
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 26.20.20 - Hydrologic Balance › Section 26.20.20.03 - Protection of Streams

Current through Register Vol. 51, No. 14, July 12, 2024
A. Land
				  within 100 feet of a perennial stream or an intermittent stream may not be
				  disturbed by surface mining activities unless the Bureau specifically
				  authorizes surface mining activities closer to or through such a
				  stream.
B. The Bureau may authorize
				  the surface mining activities closer to or through a stream upon finding that:
(1) The activities will not cause or
				  contribute to the violation of applicable State or federal water quality
				  standards;
(2) The activities will
				  not adversely affect the water quantity and quality or other environmental
				  resources of the stream; and
(3) If
				  there will be a temporary or permanent stream-channel diversion, the
				  stream-channel diversion will comply with COMAR
				  26.20.21.04 a.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.20 - Hydrologic Balance › Section 26.20.20.04 - Ground Water Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Ground water monitoring shall be conducted according to the ground water
				  monitoring plan approved under COMAR
				  26.20.02.13 a R.
B. Frequency of Monitoring Ground Water.
(1) The frequency of monitoring ground water
				  at the approved monitoring location or locations shall be once every calendar
				  quarter unless more frequent monitoring is required by the Bureau.
(2) Ground water monitoring data shall be
				  submitted to the Bureau within 28 days of the end of the quarter.
(3) The samples for consecutive quarters
				  shall be collected at a minimum of 60-day intervals.
(4) If an analysis of a ground water sample
				  indicates noncompliance with a permit condition, the operator shall promptly
				  notify the Bureau and immediately take the actions provided for in COMAR
				  26.20.02.13 a N, O, and P and
				  26.20.05.03 a C.
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 26.20.20 - Hydrologic Balance › Section 26.20.20.05 - Surface Water Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Surface water monitoring shall be conducted according to the surface water
				  monitoring plan approved under COMAR
				  26.20.02.13 a S.
B. Monitoring of Surface Water.
(1) The frequency of monitoring surface water
				  at the approved monitoring location or locations shall be once every calendar
				  quarter unless more frequent monitoring is required by the Bureau.
(2) The samples for consecutive quarters
				  shall be collected at a minimum of 60-day intervals.
(3) Surface water monitoring data shall be
				  submitted to the Bureau within 28 days of the end of the quarter.
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 26.20.20 - Hydrologic Balance › Section 26.20.20.06 - Casing and Sealing of Drilled Holes: General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
Each prospect hole, other drill or borehole, well, or other
					 exposed underground opening shall be cased, sealed, or otherwise managed, as
					 approved by the Bureau, to prevent acid or other toxic drainage from entering
					 ground or surface waters, to minimize disturbance to the prevailing hydrologic
					 balance, and to ensure the safety of people, livestock, fish and wildlife, and
					 machinery in the mine plan and adjacent area. If these openings are uncovered
					 or exposed by surface mining activities within the permit area they shall be
					 permanently closed, unless approved for water monitoring, or otherwise managed
					 in a manner approved by the Bureau. This does not apply to holes drilled and
					 used only for blasting.
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 26.20.20 - Hydrologic Balance › Section 26.20.20.07 - Casing and Sealing of Drilled Holes: Temporary

Current through Register Vol. 51, No. 14, July 12, 2024
Prospect holes, other drill or boreholes, wells, and other
					 exposed underground openings, which have been identified in the approved permit
					 application for use in returning coal processing waste or water to underground
					 workings, or which are to be used to monitor ground water conditions, shall be
					 temporarily sealed before use and protected during use by barricades, fences,
					 or other protective devices approved by the Bureau. These devices shall be
					 periodically inspected and maintained in good operating condition by the person
					 who conducts the surface mining activities.
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 26.20.20 - Hydrologic Balance › Section 26.20.20.08 - Casing and Sealing of Drilled Holes: Permanent

Current through Register Vol. 51, No. 14, July 12, 2024
When no longer needed for monitoring or other use approved
					 by the Bureau, unless approved for transfer as a water well, each prospect
					 hole, other drilled hole or borehole, well, and other exposed underground
					 opening shall be capped, sealed, backfilled, or otherwise properly managed, as
					 required by the Bureau in accordance with the Regulatory Program. Permanent
					 closure measures shall be designed to prevent access to the mine workings by
					 people, livestock, fish, wildlife, and machinery, and to keep acid or other
					 toxic drainage from entering ground or 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 26.20.20 - Hydrologic Balance › Section 26.20.20.09 - Transfer of Wells

Current through Register Vol. 51, No. 14, July 12, 2024
A. A prospect
				  or monitoring well may only be transferred by the person who conducts surface
				  mining activities for further use as a water well with the prior approval of
				  the Bureau and in accordance with State and local law. That person and the
				  surface owner of the lands where the well is located shall jointly submit a
				  written request to the Bureau for that approval.
B. Upon an approved transfer of a well, the
				  transferee shall:
(1) Assume primary
				  liability for damages to persons or property from the well;
(2) Plug the well when necessary, but not
				  later than abandonment of the well; and
(3) Assume primary responsibility for
				  compliance with the Regulatory Program with respect to the well.
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 26.20.20 - Hydrologic Balance › Section 26.20.20.10 - Discharge of Water into an Underground Mine

Current through Register Vol. 51, No. 14, July 12, 2024
Surface water, or water from another underground mine, may
					 not be diverted or otherwise discharged into underground mine workings, unless
					 the person who conducts the surface mining activities demonstrates to the
					 Bureau that this will:
A. Abate water
				  pollution or otherwise eliminate public hazards resulting from surface mining
				  activities, and prevent material damage outside the permit area;
B. Be discharged as a controlled flow,
				  meeting the effluent limitations of the Regulatory Program for pH and total
				  suspended solids; however, the pH and total suspended solids limitations may be
				  exceeded if approved by the Bureau and limited to:
(1) Coal processing waste,
(2) Fly ash from a coal-fired
				  facility,
(3) Sludge from an acid
				  mine drainage treatment facility,
(4) Flue gas desulfurization
				  sludge,
(5) Inert materials used
				  for stabilizing underground mines, or
(6) Underground mine development
				  wastes;
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 26.20.20 - Hydrologic Balance › Section 26.20.20.11 - Water Rights and Replacement

Current through Register Vol. 51, No. 14, July 12, 2024
Any person who conducts surface mining activities shall
					 replace the water supply of an owner of interest in real property who obtains
					 all or part of his supply of water for domestic, agricultural, industrial, or
					 other legitimate use from an underground or surface source when this supply has
					 been affected by contamination, diminution, or interruption proximately
					 resulting from surface mining activities.
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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.01 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surface
				  mining activities shall be planned and conducted to minimize changes to the
				  prevailing hydrologic balance in both the mine plan and adjacent areas, in
				  order to prevent long-term adverse changes in that balance that could result
				  from those activities.
B. Changes
				  in the depth to ground water, in water quality and quantity, and in the
				  location of surface water drainage channels shall be minimized so that the
				  approved postmining land use of the permit area is not adversely
				  affected.
C. Federal and State
				  water quality statutes, regulations, standards, or effluent limitations may not
				  be violated.
D. Operations shall be
				  conducted to minimize water pollution, and treatment methods shall be used to
				  control water pollution where necessary.
E. Mining activities shall emphasize mining
				  and reclamation practices that prevent or minimize water pollution.
F. The Bureau may require that water
				  accumulated in a pit be removed and the pit maintained in a dewatered condition
				  whenever water quality or spoil stability is affected or before the approval of
				  temporary cessation of mining activities.
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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.01-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following document is incorporated by reference.
B. Document Incorporated. U.S. Department of
				  Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60,
				  October, 1985), "Earth Dams and Reservoirs", (TR-60).
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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.02 - Water Quality Standards and Effluent Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. If drainage from the disturbed areas is
				  mixing with drainage from other areas not disturbed by current surface coal
				  mining and reclamation operations, the permittee shall achieve the effluent
				  limitation set forth below for all the mixed drainage when it leaves the permit
				  area.
B. Discharges of water from
				  areas disturbed by surface mining shall be made in compliance with applicable
				  State laws and regulations, the federal Clean Water Act, and with effluent
				  limitations for coal mining promulgated by the U.S. Environmental Protection
				  Agency set forth in 40 CFR 434.
C.
				  Adequate facilities shall be installed, operated, and maintained to treat any
				  water discharged from the disturbed area so that it complies with all federal
				  and States laws and regulations and the limitations of this regulation. If the
				  pH of water to be discharged from the disturbed area is less than 6.0, an
				  automatic lime feeder or other automatic neutralization process approved by the
				  Bureau shall be installed, operated, and maintained. The Bureau may authorize
				  the use of a manual system if it finds that:
(1) Flow is infrequent and presents small and
				  infrequent treatment requirements to meet applicable standards which do not
				  require use of an automatic neutralization process; and
(2) Timely and consistent treatment is
				  ensured.
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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.03 - Diversions and Conveyance of Overland Flow and Shallow Ground Water Flow, and Ephemeral Streams

Current through Register Vol. 51, No. 14, July 12, 2024
A. Overland
				  flow, including flow through litter, and shallow ground water flow from
				  undisturbed areas, and flow in ephemeral streams, may be diverted away from
				  disturbed areas by means of temporary or permanent diversions, if required or
				  approved by the Bureau as necessary to minimize erosion, to reduce the volume
				  of water to be treated, and to prevent or remove water from contact with
				  acid-forming or toxic-forming materials.
B. The following requirements shall be met
				  for all diversions and for all collection drains that are used to transport
				  water into water treatment facilities and for all diversions of overland and
				  shallow ground water flow and ephemeral streams:
(1) Temporary diversions shall be constructed
				  to pass safely the peak runoff from a 2-year, 24-hour precipitation event with
				  sufficient freeboard to pass a 10-year, 24-hour precipitation event or a larger
				  event as specified by the Bureau.
(2) To protect fills and property and to
				  avoid danger to public health and safety, permanent diversion shall be
				  constructed to pass safely the peak runoff from a 10-year, 24-hour
				  precipitation event, or a larger event as specified by the Bureau. Permanent
				  diversions shall be constructed with gently sloping banks that are stabilized
				  by vegetation. Asphalt, concrete, or other similar linings shall be used only
				  when approved by the Bureau to prevent seepage or to provide
				  stability.
(3) Diversions shall be
				  designed, constructed, and maintained in a manner which prevents additional
				  contributions of suspended solids to streamflow and to runoff outside the
				  permit area, to the extent possible using the best technology currently
				  available. Appropriate sediment control measures for the diversions may
				  include, but not be limited to, maintenance of appropriate gradients, channel
				  lining, revegetation, roughness structures, and detention basins.
(4) A diversion may not be located so as to
				  increase the potential for landslides. A diversion may not be constructed on
				  existing landslides, unless approved by the Bureau.
(5) When no longer needed, each temporary
				  diversion shall be removed and the affected land regraded, topsoiled, and
				  revegetated.
(6) Diversions shall
				  be designed to minimize adverse impacts to the hydrologic balance within the
				  permit and adjacent areas, to prevent material damage outside the permit area,
				  and to assure the 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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.04 - Stream Channel Diversions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Flow from perennial and intermittent streams within the permit area may be
				  diverted, if the diversions:
(1) Are approved
				  by the Bureau after making a finding that the diversion will not adversely
				  affect the water quantity and quality and related environmental resources of
				  the stream;
(2) Comply with other
				  requirements of this regulation; and
(3) Comply with local, State, and federal
				  statutes and 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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.05 - Sediment Control Measures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Appropriate sediment control measures shall be designed, constructed, and
				  maintained using the best technology currently available to:
(1) Prevent, to the extent possible,
				  additional contributions of sediment to streamflow or to runoff outside the
				  permit area;
(2) Meet the more
				  stringent of applicable State or federal effluent limitations; and
(3) Minimize erosion to the extent
				  possible.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.06 - Siltation Structures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Exemptions. Exemptions to the requirements of this regulation may be granted if
				  the:
(1) Disturbed drainage area within the
				  total disturbed area is small; and
(2) Operator demonstrates that siltation
				  structures and alternate sediment control measures are not necessary to meet
				  the effluent limitations in this chapter and the applicable State and federal
				  water quality standards for receiving 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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.07 - Discharge Structures

Current through Register Vol. 51, No. 14, July 12, 2024
Discharge from sedimentation ponds, permanent and temporary
					 impoundments, coal processing waste dams and embankments, and diversions shall
					 be controlled, by energy dissipators, riprap channels, and other devices, where
					 necessary, to reduce erosion, to prevent deepening or enlargement of stream
					 channels, and to minimize disturbance of the hydrologic balance. Discharge
					 structures shall be designed according to standard engineering-design
					 procedures.
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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.09 - Inspection and Certification of Impoundments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Construction Inspections.
(1) A qualified professional engineer or
				  other qualified specialist, under the direction of the professional engineer,
				  shall inspect the impoundment. The professional engineer or specialist shall be
				  experienced in the construction of impoundments. These inspections shall be
				  made:
(a) At appropriate times during
				  construction, including:
(i) Site
				  preparation,
(ii) Construction of
				  the cut-off trench,
(iii) Placement
				  of the principal spillway pipe, including anti-seep collars and riser
				  base,
(iv) Placement and compaction
				  of fill material around the principal spillway,
(v) Placement and compaction of fill in the
				  impounding structure; and
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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.10 - Permanent and Temporary Impoundments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permanent Impoundments. A permanent
				  impoundment of water may be created, if authorized by the Department in the
				  approved permit, based upon a demonstration that the:
(1) Size and configuration of the impoundment
				  will be adequate for its intended purposes;
(2) Quality of the impounded water will be
				  suitable on a permanent basis for its intended use and after reclamation will
				  meet applicable State and federal water quality standards;
(3) Discharges from the impoundment will meet
				  applicable effluent limitations and will not degrade the quality of receiving
				  water below applicable State and federal water quality standards;
(4) Water level will be sufficiently stable
				  and capable of supporting the intended use;
(5) Final grading will provide for adequate
				  safety and access for proposed water users;
(6) Impoundment will not result in diminution
				  of the quality and quantity of water utilized by adjacent or surrounding
				  landowners for agricultural, industrial, recreational, or domestic
				  uses;
(7) Impoundment will be
				  suitable for the approved postmining land use; and
(8) Vertical portion of any remaining
				  highwall shall be located far enough below the low-water line along the full
				  extent of the highwall to provide adequate safety and access for the proposed
				  water users.
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 26.20.21 - Ponds and Sediment Control Measures › Section 26.20.21.11 - Postmining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
Before final bond release of the permit area, the permittee
					 shall renovate all permanent sedimentation ponds, diversions, impoundments, and
					 treatment facilities to meet criteria specified in the detailed design plan of
					 the permanent structures and impoundments.
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 26.20.22 - Explosives › Section 26.20.22.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permittee
				  shall comply with all applicable local, State, and federal laws and regulations
				  related to the storage, handling, preparation, and use of explosives.
B. Blasting operations that use more than the
				  equivalent of 5 pounds of explosives shall be conducted according to a time
				  schedule approved by the Bureau.
C.
				  Not later than 1 year after the effective date of this chapter, all blasting
				  operations shall be conducted by or under the direction of at least one person
				  who has been certified by the Bureau in accordance with Regulation .08 of this
				  chapter. Before this time all blast operations shall be conducted by or under
				  the supervision of a person who has obtained a certificate of completion of
				  training and qualification from the Bureau, or from any state with an
				  equivalent blasting training program, provided the person passes an examination
				  administered by the Bureau.
D.
				  Certificates of blaster certification shall be carried by blasters or shall be
				  on file at the permit area during blasting operations.
E. A certified blaster and at least one other
				  person shall be present at the firing of a blast.
F. Persons responsible for blasting
				  operations at a blasting site shall be familiar with the blasting plan and site
				  specific performance standards.
G.
				  A person who is not certified and is assigned to a blasting crew to assist in
				  the use of explosives shall receive direction and training from the certified
				  blaster in charge of blasting 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 26.20.22 - Explosives › Section 26.20.22.02 - Pre-blasting Survey

Current through Register Vol. 51, No. 14, July 12, 2024
A. A resident
				  or owner of a dwelling or structure within 1/2 mile of the permit area may
				  request a pre-blasting survey. This request shall be made, in writing, directly
				  to the permittee or the Bureau, who shall promptly notify the permittee. The
				  permittee shall promptly have a pre-blast survey of the dwelling or structure
				  conducted and a written report of the survey prepared. If requested by the
				  resident or owner, the permittee shall have any updated survey of any
				  additions, modifications or renovations performed.
B. The survey shall be conducted, by a person
				  approved by the Bureau, to determine the condition of the dwelling or structure
				  and to document any pre-blasting damage and other physical factors that could
				  reasonably be affected by the blasting. Assessments of structures such as
				  pipes, cables, transmission lines, and wells and other water systems shall be
				  limited to surface condition and other readily available data. Special
				  attention shall be given to the pre-blasting condition of wells and other water
				  systems used for human, animal, or agricultural purposes and to the quantity
				  and quality of the water.
C. A
				  written report of the survey shall be prepared and signed by the person who
				  conducted the survey. The report may include recommendations of any special
				  conditions or proposed adjustments to the blasting procedure which should be
				  incorporated into the blasting plan to prevent damage. Copies of the report
				  shall be promptly provided to the person requesting the survey and to the
				  Bureau. If the person requesting the survey disagrees with the results of the
				  survey, he may notify, in writing, both the permittee and the Bureau of the
				  specific areas of disagreement.
D.
				  A survey requested more than 10 days before the planned initiation of blasting
				  shall be completed before the initiation of blasting.
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 26.20.22 - Explosives › Section 26.20.22.03 - Public Notice of Blasting Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each permittee shall publish a blasting
				  schedule at least 30 days, but not more than 45 days, before beginning a
				  blasting program in which blasts that use more than 5 pounds of explosive or
				  blasting agent are detonated. The blasting schedule shall be published in a
				  newspaper of general circulation in the locality of the blasting site. A copy
				  of the certification of publication shall be retained with the blasting records
				  in Regulation .07 of this chapter.
B. At least 30 days before initiation of
				  blasting, copies of the schedule shall be distributed to local governments,
				  public utilities, and to each resident or owners of dwellings or other
				  structures within 1/2 mile of the permit area described in the schedule. Copies
				  sent to residents or owners of dwellings or other structures shall be
				  accompanied by information advising the owner or resident how to request a
				  pre-blasting survey. The copies shall be sent by mail or hand delivered.
				  However, proof of notification shall be procured and retained with the blasting
				  records in Regulation .07 of this chapter.
C. The permittee shall republish and
				  redistribute the schedule by mail at least every 12 months.
D. Blasting Schedule Contents.
(1) A blasting schedule may not be so general
				  as to cover the entire permit area or all working hours, but shall identify as
				  accurately as possible the location of the blasting sites and the time periods
				  when blasting will occur.
(2) The
				  blasting schedule shall contain at a minimum:
(a) Name, address, and telephone number of
				  permittee;
(b) Identification of
				  the specific areas in which blasting will take place. Each specific blasting
				  area described shall be reasonably compact and not larger than 300
				  acres.
(c) Dates and time periods
				  when explosives are to be detonated, expressed in not more than 4-hour
				  increments. These periods may not exceed an aggregate of 8 hours in any one
				  day.
(d) Methods to be used to
				  control access to the blasting area.
(e) Types of audible warnings and all-clear
				  signals to be used before and after blasting.
(f) A description of unavoidable hazardous
				  situations which have been approved by the Bureau for blasting at times other
				  than those described in the schedule.
(g) A notice that a resident or owner of a
				  dwelling within 1/2 mile of the permit area may request a pre-blast survey by
				  contacting the permittee or the Bureau in writing.
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 26.20.22 - Explosives › Section 26.20.22.04 - Public Notice of Changes to Blasting Schedules

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before blasting in areas or at times not
				  in a previous schedule, the permittee shall publish and distribute a revised
				  blasting schedule, at least 10 days but not more than 30 days before blasting.
				  Information on requesting a pre-blast survey need not be repeated in a change
				  notice.
B. If there is a
				  substantial pattern of non-adherence to the published blasting schedule as
				  evidenced by the absence of blasting during a scheduled period, the Bureau may
				  require that the permittee submit to the Bureau and republish a revised
				  blasting schedule.
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 26.20.22 - Explosives › Section 26.20.22.05 - Blasting Signs

Current through Register Vol. 51, No. 14, July 12, 2024
All blasting signs shall be constructed, installed, and
					 maintained in accordance with COMAR 26.20.18 on signs and
					 markers.
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 26.20.22 - Explosives › Section 26.20.22.06 - Surface Blasting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. All blasting shall be conducted between
				  sunrise and sunset.
B. Blasting
				  shall be conducted at times approved by the Bureau and announced in the
				  published blasting schedule. The Bureau may limit the area covered, specify
				  more restrictive time periods, and limit the sequence of blasting as listed in
				  the schedule, if the limitations are necessary or reasonable in order to
				  protect the public health and safety or welfare.
C. Unscheduled blasts may be conducted only
				  when public or permittee health and safety so require and for emergency
				  blasting actions. When an unscheduled blast is conducted, the permittee shall:
(1) Using audible signals, notify residents
				  within 1/2 mile of the blasting site;
(2) Orally notify residents within 1,000 feet
				  of the blasting site and the Bureau;
(3) File a complete written report of the
				  unscheduled blasting with the Bureau not later than 3 days after the
				  unscheduled blast; the report shall include a detailed description of the
				  reasons for the unscheduled blast, including reasons why the blast could not
				  have been delayed until the next day, the actual time the blast was conducted,
				  the warning notices that were given, and a copy of the blasting
				  record.
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 26.20.22 - Explosives › Section 26.20.22.07 - Records of Blasting Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The operator shall retain a record of all blasts for at least 3 years. Upon
				  request, copies of these records shall be made available to the Bureau and to
				  the public for inspection.
B. The
				  records shall contain the following data:
(1)
				  Name of the operator conducting the blast;
(2) Location, date, and time of
				  blast;
(3) Name, signature, and
				  certification number of blaster conducting the blast;
(4) Identification, direction, and distance,
				  in feet, from the nearest blast hole to the nearest dwelling, public building,
				  school, church, community or institutional building outside the permit area,
				  except those described in Regulation .06K of this chapter;
(5) Weather conditions, including those which
				  may cause possible adverse blasting effects;
(6) Type of material blasted;
(7) Sketches of the blast pattern including
				  number of holes, burden, spacing, decks, and delay pattern;
(8) Diameter and depth of holes;
(9) Types of explosives used;
(10) Total weight of explosives used per
				  hole;
(11) The maximum weight of
				  explosives detonated in any 8-millisecond period;
(12) Initiation system;
(13) Type and length of stemming;
(14) Mats or other protections
				  used;
(15) Seismographic and
				  airblast records, if required, which shall include:
(a) Type of instrument, sensitivity, and
				  calibration signal or certification of annual calibration,
(b) Exact location of instrument and the
				  date, time, and distance from the blast,
(c) Name of the person and firm taking the
				  reading,
(d) Name of the person and
				  firm analyzing the seismographic record, and
(e) The vibration or airblast level recorded,
				  or both;
(16) Reasons
				  and conditions for each unscheduled blast.
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 26.20.22 - Explosives › Section 26.20.22.08 - Blaster Training Examination and Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. As used in this chapter, a blaster is a
				  person who is directly responsible for the use of explosives in surface coal
				  mining operations and is certified under this regulation.
B. Qualifications. Persons applying to become
				  certified blasters shall:
(1) Be at least 21
				  years old;
(2) Have received at
				  least 1 year of qualifying experience under the direction and supervision of a
				  certified blaster in the handling and use of explosives; and
(3) Receive training including, but not
				  limited to, the technical aspects of blasting operations and State and federal
				  laws concerning the storage, transportation, and use of explosives.
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 26.20.23 - Environmental Resources Protection › Section 26.20.23.01 - Air Resources Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An exposed surface area shall be protected and stabilized to effectively
				  control erosion and air pollution attendant to erosion.
B. Fugitive dust control measures may
				  include, but not be limited to:
(1) Periodic
				  watering of unpaved roads;
(2)
				  Chemical stabilization of unpaved roads with proper application of nontoxic
				  soil cement or dust palliatives;
(3) Paving of roads;
(4) Prompt removal of coal, rock, soil, and
				  other dust-forming debris from roads and frequent scraping and compaction of
				  unpaved roads to stabilize the road surface;
(5) Restricting the speed of vehicles to
				  reduce fugitive dust caused by travel;
(6) Revegetating, mulching, or otherwise
				  stabilizing the surface of all areas adjoining roads that are sources of
				  fugitive dust;
(7) Restricting the
				  travel of unauthorized vehicles on other than established roads;
(8) Minimizing the area of disturbed
				  land;
(9) Prompt revegetation of
				  regraded lands;
(10) Restriction of
				  dumping procedures, wetting of disturbed materials during handling, and
				  compaction of disturbed areas;
(11)
				  Control of dust from drilling, using water sprays, hoods, dust collectors, or
				  other controls;
(12) Reducing the
				  period of time between initially disturbing the soil and revegetating or other
				  surface stabilization;
(13)
				  Restricting fugitive dust at spoil and coal transfer and loading points with
				  water sprays; and
(14) Enclosing,
				  covering, watering, or otherwise treating loaded haul trucks to reduce loss of
				  material to winds and slippage.