Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.09 - Description Included in Permit Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each permit application shall include a
				  description of the existing premining environmental resources within the
				  proposed mine plan area and adjacent areas that may be affected or impacted by
				  the proposed surface mining activities.
B. The description shall include:
(1) When required by the Bureau, a statement
				  of the climatological factors that are representative of the proposed mine plan
				  area, including the average seasonal precipitation, the average direction and
				  velocity of prevailing winds, and seasonal temperature ranges.
(2) When required by the Bureau, a map that
				  delineates existing vegetative types and a description of the plant communities
				  within the proposed permit area and within any proposed reference area. This
				  description shall include information adequate to predict the potential for
				  re-establishing vegetation.
(3)
				  Fish and wildlife resource information for the permit and adjacent area, at the
				  scope and level of detail determined by the Bureau in consultation with State
				  or federal agencies with responsibility for fish and wildlife, sufficient to
				  design the fish and wildlife protection and enhancement plan required under
				  Regulation .13H of this chapter, including site specific fish and wildlife
				  resource information necessary to assess the respective species when the permit
				  or adjacent area is likely to contain:
(a)
				  Listed or proposed endangered or threatened species of plants or animals and
				  their critical habitats listed by the Secretary of the Interior under the
				  Endangered Species Act of 1973, as amended (16 U.S.C.
				  1531 et seq.), and those species and habitats
				  protected by similar State statutes,
(b) Eagles, migratory birds, and other
				  species identified as requiring special protection under State or federal law,
				  and
(c) Habitats of unusually high
				  value for fish and wildlife such as important streams, wetlands, riparian
				  areas, cliffs supporting raptors, areas offering special shelter or protection,
				  migration routes, and reproduction and wintering areas.
(4) Soil survey information of those lands
				  within the permit area which a reconnaissance inspection suggests may be prime
				  farmlands, consisting of the following:
(a) A
				  map delineating different soils;
(b) Soil identification;
(c) Soil description;
(d) Present and potential productivity of
				  existing soils;
(e) If the
				  applicant proposes to use selected overburden materials as a supplement or
				  substitute for topsoil, the results of analyses, trials, and tests of
				  overburden and topsoil.
(5) A statement of the condition, capability,
				  and productivity of the land within the proposed permit area, including:
(a) A narrative of the uses of the land
				  existing at the time of the filing of the application. If the premining use of
				  the land has changed within 5 years before the anticipated date of beginning
				  the proposed operations, the historic use of the land shall also be
				  described.
(b) A narrative of land
				  capability and productivity. The narrative shall provide analyses of the
				  capability of the land, before any mining, to support a variety of uses, giving
				  consideration to soil and foundation characteristics, topography, vegetative
				  cover, and the hydrology of the proposed permit area; and the productivity of
				  the proposed permit area before mining, expressed as average yield of food,
				  fiber, forage, or wood products from these lands obtained under high levels of
				  management. The productivity shall be determined by yield data or estimates for
				  similar sites based on current data from the U.S. Department of Agriculture,
				  State agricultural universities, or appropriate State natural resource or
				  agricultural agencies.
(6) If the proposed permit area has been
				  previously mined, provide information concerning the uses of the land preceding
				  mining, if available.
(7) A
				  description of the existing land use classifications under local law of the
				  proposed permit and adjacent areas.
(8) Identification of the pre-mining use or
				  uses of the land according to one or more of the following land-use categories:
(a) "Cropland", which is land used for the
				  production of adapted crops for harvest, alone or in a rotation with grasses
				  and legumes, and includes row crops, small grain crops, hay crops, nursery
				  crops, orchard crops, and other similar specialty crops. Land used for
				  facilities in support of cropland farming operations which is adjacent to or an
				  integral part of these operations is also included.
(b) "Pastureland or land occasionally cut for
				  hay", is land used primarily for the long-term production of adapted,
				  domesticated forage plants to be grazed by livestock or occasionally cut and
				  cured for livestock feed. Land used for facilities in support of pastureland or
				  land occasionally cut for hay which is adjacent to or an integral part of these
				  operations is also included.
(c)
				  "Grazingland", which includes both grasslands and forest lands where the
				  indigenous vegetation is actively managed for grazing, browsing, or occasional
				  hay production. Land use for facilities in support of ranching operations which
				  are adjacent to or an integral part of these operations is also
				  included.
(d) "Forestry", which is
				  land used or managed for the long-term production of wood, wood fiber, or
				  wood-derived products. Land used for facilities in support of forest harvest
				  and management operations which is adjacent to or an integral part of these
				  operations is also included.
(e)
				  "Residential", which includes single and multiple-family housing, mobile home
				  parks, and other residential lodgings. Land used for facilities in support of
				  residential operations which is adjacent to or an integral part of these
				  operations is also included. Support facilities include but are not limited to
				  vehicle parking and open space that directly relate to the residential
				  use.
(f) "Industrial/commercial",
				  which is land used for:
(i) Extraction or
				  transformation of materials for fabrication of products, wholesaling of
				  products, or for long-term storage of products. This includes all heavy and
				  light manufacturing facilities such as lumber and wood processing, chemical
				  manufacturing, petroleum refining, and fabricated metal products manufacture.
				  Land used for facilities in support of these operations which is adjacent to or
				  an integral part of that operation is also included. Support facilities include
				  but are not limited to all rail, road, and other transportation
				  facilities.
(ii) Retail or trade of
				  goods or services, including hotels, motels, stores, restaurants, and other
				  commercial establishments. Land used for facilities in support of commercial
				  operations which is adjacent to or an integral part of these operations is also
				  included. Support facilities include but are not limited to parking, storage,
				  or shipping facilities.
(g) "Recreation", which is land used for
				  public or private leisure-time use, including developed recreation facilities
				  such as parks, camps, and amusement areas, as well as areas for less intensive
				  uses such as hiking, canoeing, and other undeveloped recreational
				  uses.
(h) "Fish and wildlife
				  habitat", which is land dedicated wholly or partially to the production,
				  protection, or management of species of fish and wildlife.
(i) "Developed water resources", which
				  includes land used for storing water for beneficial uses such as stockponds,
				  irrigation, fire protection, flood control, and water supply.
(j) "Undeveloped land or no current use or
				  land management", which is land that is undeveloped or, if previously
				  developed, land that has been allowed to return naturally to an undeveloped
				  state or has been allowed to return to forest through natural
				  succession.
(9) Other
				  relevant information required by the Bureau.