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26.20.10.00.htm 26.20.10.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 10 Areas Where Mining is Prohibited or Limited Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.10.01.htm 26.20.10.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Cemetery" means any area of land where human bodies are interred.. 2) "Community or institutional building" means any structure, other than a public building or an occupied dwelling, which:a) Is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;b) Functions as an educational, cultural, historic
26.20.10.01-1.htm 26.20.10.01-1. 01-1 Demonstration Standards.. 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 protec
26.20.10.02.htm 26.20.10.02. 02 Prohibition.. 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 o
26.20.10.03.htm 26.20.10.03. 03 Determination of Limits and Prohibitions.. 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 a
26.20.10.04.htm 26.20.10.04. 04 Exception for Existing Operations.. 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.
26.20.10.05.htm 26.20.10.05. 05 Submission of Valid Existing Rights Determination.. 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 sta
26.20.10.06.htm 26.20.10.06. 06 Review of Valid Existing Rights Request.. 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 receip
26.20.10.07.htm 26.20.10.07. 07 Decision on Valid Existing Rights.. A. The Bureau shall review the information submitted under Regulation .05 of this chapter, the comments received under Regulation .06 of this chapter, and any other reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request for valid existing rights. The Bureau shall notify the applicant, in writing, if it determines the record
26.20.10.9999.htm 26.20.10.9999. Administrative History Effective date:. Regulations .01―03 were previously codified as COMAR 08.13.09.10A―C, 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. ―Chapter recodified from COMAR 08.20.10 to COMAR 26.20.10, June 1996. Regulation .01B amended effective February 12, 2007 (34:3 Md. R. 301).
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