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26.20.02.00.htm 26.20.02.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 02 Permit Applications ― General Requirements Authority: Environment Article, §15-503 and 15-603, Annotated Code of Maryland
26.20.02.01.htm 26.20.02.01. 01 Scope.. A. A person may not conduct surface coal mining and reclamation operations as an operator within the State without first obtaining a permit from the Bureau and any other permits or approvals required by law, except that a person conducting surface coal mining operations on the effective date of these regulations, that were not regulated under the Interim Regulatory Program, may continue to conduct those operations until 8 months from the effective date of these regulatio
26.20.02.02.htm 26.20.02.02. 02 General Application Information.. A. Information set forth in the application shall be current, presented clearly and concisely, and supported by appropriate references to technical and other written material available to the Bureau. All technical data submitted in the application shall be accompanied by the names of persons or organizations which collected and analyzed the data, the dates of the collection and analyses, and the descriptions of methodology used to collect and ana
26.20.02.03.htm 26.20.02.03. 03 Permit Application; Applicant Information.. Except that the submission of a Social Security number is voluntary, a mining permit application shall contain the following:A. The names, addresses, telephone numbers, and, as applicable, Social Security numbers and employer identification numbers of:1) The permit applicant;. 2) The operator, if the operator is a person different from the applicant;. 3) The resident agent of the applicant who will accept service of process; and.
26.20.02.04.htm 26.20.02.04. 04 Copy of Advertisement of Application.. A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the Bureau and made a part of the complete application, not later than 2 weeks after the last date of publication required under COMAR 26.20.04.03.
26.20.02.05.htm 26.20.02.05. 05 Cultural and Historical Description in Permit Application.. A. A permit application shall include a description of the existing, premining cultural and historical resources within the proposed permit and adjacent areas that may be affected or impacted by the proposed surface mining activities.B. The description required by §A of this regulation shall include the nature of cultural and historic resources listed on or eligible for listing on the National Register of
26.20.02.06.htm 26.20.02.06. 06 Hydrology Information in the Permit Application.. A. A permit application shall include baseline hydrologic information for the permit and adjacent areas in sufficient detail to assist in determining the probable hydrological consequences of the proposed operation.B. The baseline ground water hydrology information shall include:. 1) The location and ownership of existing wells, springs, and other ground water supplies;. 2) The depth below the surface, lithology, thickne
26.20.02.07.htm 26.20.02.07. 07 Geological Information in the Permit Application.. A. A permit application shall include geologic information for the permit and adjacent area in sufficient detail to assist in determining the probable hydrologic consequences of the proposed operation, the existence of potentially acid-forming or toxic-forming strata, whether reclamation can be accomplished, and whether the operation has been designed to prevent material damage to the hydrologic balance outside the permit
26.20.02.08.htm 26.20.02.08. 08 Determination of Probable Hydrologic Consequences.. A. A permit application shall include a determination of the probable hydrologic consequences of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions for the proposed permit and adjacent areas. The determination shall be based on the information required under Regulations .06 and .07 of this chapter, and may include the use of modeling, interpolation, or statistic
26.20.02.09.htm 26.20.02.09. 09 Description Included in Permit Application.. 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 averag
26.20.02.10.htm 26.20.02.10. 10 Map Included in Permit Application.. A. The permit application shall include at least one U.S. Geological Survey, 7.5 minute topographic quadrangle map enlarged to a scale of 500 feet to the inch or larger, covering the proposed permit area and the land within 1/2 mile of the perimeter of the permit area, which identifies:1) The boundaries of surface properties within the permit area and within 1,000 feet of the permit area and the names of the owners of the surface pro
26.20.02.11.htm 26.20.02.11. 11 Additional Permit Application Information.. In addition to the information required by Regulation .10 of this chapter, the permit application shall include maps, cross sections, and plans prepared by or under the direction of, and certified by, a qualified registered professional engineer or professional geologist, with assistance from people in related fields such as land surveying and landscape architecture, showiA. Elevations and locations of test borings and core samplings;.
26.20.02.12.htm 26.20.02.12. 12 Preapplication Investigation Regarding Prime Farmland.. A. The applicant shall conduct a preapplication reconnaissance inspection of the proposed permit area in accordance with COMAR 26.20.03.05 to determine whether lands within the area may be prime farmland.B. Land may not be considered prime farmland if the applicant can demonstrate one of the following:. 1) The land has not been historically used as cropland;. 2) The slope of the land is 10 percent or greater;.
26.20.02.13.htm 26.20.02.13. 13 Description of Proposed Mining Operations.. Each application shall contain a description of the proposed mining operations during the life of the mine within the permit area, including:A. A narrative description of the type and method of proposed coal mining procedures and engineering techniques, including the measures to be used to maximize the use and conservation of the coal resource.B. Anticipated annual and total production of coal, by tonnage, and major e
26.20.02.14.htm 26.20.02.14. 14 Plan for Land Reclamation.. The permit application shall contain a plan for reclamation of the lands within the proposed permit area, including:A. A detailed timetable for completion of each major step in the reclamation plan;. B. A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond with supporting calculation for the estimates;C. A description of measures to be employed to dispose of debris, acid-form
26.20.02.15.htm 26.20.02.15. 15 Survey of Structures and Renewable Resource Lands.. A. An application for an underground mining permit shall contain a survey which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent area, and whether subsidence, if it occurred, could cause material damage or diminution of reasonably foreseeable use of these structures or renewable resource lands.B. The survey required by §A of this regulation shall contain:.
26.20.02.16.htm 26.20.02.16. 16 Subsidence Control Plan.. A subsidence control plan, if required under Regulation .15 of this chapter, shall include:. A. A detailed description of the mining method and other measures to be taken which may affect subsidence, including:1) The technique of coal removal, such as longwall mining, room and pillar with pillar removal, hydraulic mining, or other methods, including the size, sequence, and timing for the development of underground workings;2) A description of the p
26.20.02.17.htm 26.20.02.17. 17 Return of Waste.. A. A plan for the return of coal processing waste to abandoned underground workings, if applicable, shall include:1) A description of the design, operation, and maintenance of any proposed coal processing waste disposal facility, including:a) Flow diagrams,. b) All necessary drawings and maps;. 2) A description of the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing
26.20.02.18.htm 26.20.02.18. 18 Deep Mine Applications.. In addition to the applicable requirements of this chapter, an application for a deep mine permit shall also contain the following:A. An application fee of $200;. B. Copies of other permits required by the Department in order to engage in the proposed operation;. C. The names of the owners of the minerals to be removed, including reference to the deeds or leases whereby the mineral rights have been acquired, and copies of the documents
26.20.02.9999.htm 26.20.02.9999. Administrative History Effective date:. Regulations .01 and .02―17 were previously codified as COMAR 08.13.09.02A―B and D―S, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.Regulation .18 adopted effective February 13, 1995 (22:3 Md. R. 151) ―. Chapter recodified from COMAR 08.20.02 to COMAR 26.20.02, June 1996.
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