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26.20.05.00.htm 26.20.05.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 05 Permit Applications ― Bureau Decision Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.05.01.htm 26.20.05.01. 01 Required Written Findings.. A permit application or application for a significant revision of a permit may not be approved unless the application affirmatively demonstrates and the Bureau finds, in writing, on the basis of information set forth in the application, or information otherwise available and documented in the approval under COMAR 26.20.04.11A, the following:A. The permit application is complete and accurate and the applicant has complied with all requireme
26.20.05.02.htm 26.20.05.02. 02 Term of Permit.. A. A permit shall be issued for a fixed term not to exceed 5 years, unless the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing.B. A permit shall terminate if the permittee has not begun the surface coal mining and reclamation covered by the permit with
26.20.05.03.htm 26.20.05.03. 03 Permit Conditions.. Each permit shall contain the following express terms and conditions:. A. The permittee shall conduct all activities under the permit in accordance with the description contained in the application, and only on those lands specifically designated in the permit and which are subject to the performance bond or other equivalent guarantee.B. The permittee shall allow the authorized representatives of the Bureau and the federal Office of Surface Mining, without a
26.20.05.04.htm 26.20.05.04. 04 Improvidently Issued Permits ― General Procedures.. A. If the Bureau has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in §B of this regulation. If the Bureau finds that the permit was improvidently issued, it shall comply with §C of this regulation.B. The Bureau shall find that a surface coal mining and reclamation permit
26.20.05.05.htm 26.20.05.05. 05 Improvidently Issued Permits ― Rescission Procedures.. If the Bureau, under Regulation .04C(4) of this chapter, elects to rescind an improvidently issued permit, the Bureau shall serve on the permittee a notice of proposed suspension and rescission which includes the reasons for the finding under Regulation .04B of this chapter and states that:A. After a specified period of time not to exceed 90 days the permit automatically will be suspended, and, not to exceed 90 d
26.20.05.9999.htm 26.20.05.9999. Administrative History Effective date:. Regulations .01, .02A, B, and .03―05 were previously codified as COMAR 08.13.09.05A, B, C, and D―F, 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 .01 amended effective March 14, 1994 (21:5 Md. R. 403). Regulation .03J, K adopted effective March 14, 1994 (21:5 Md. R. 403) ―.
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