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26.20.11.00.htm 26.20.11.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 11 Designation of Areas as Unsuitable for Mining Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.11.01.htm 26.20.11.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Fragile lands" means geographic areas containing natural, ecologic, scientific, or esthetic resources that could be damaged or destroyed by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, National Natural L
26.20.11.02.htm 26.20.11.02. 02 Right to Petition.. A. A person having an interest which is or may be adversely affected has the right to petition the Bureau to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated.B. For the purpose of this chapter, a person having an interest which is or may be adversely affected shall demonstrate how the person:1) Meets an "injury in fact" test by describing the injury to the person's specifically affected int
26.20.11.03.htm 26.20.11.03. 03 Petition Information.. A. The Bureau shall determine what information shall be provided by the petitioner to:. 1) Have an area designated as unsuitable for surface coal mining operations; or. 2) Terminate an existing designation.. B. At a minimum, a complete petition for designation shall include:. 1) The petitioner's name, address, telephone number, and notarized signature;. 2) Identification of the petitioned areas, including the area's location and size, and a U.S. Geolog
26.20.11.04.htm 26.20.11.04. 04 Criteria for Designating Lands as Unsuitable.. A. Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations if the Bureau determines that reclamation is not technologically and economically feasible under the Regulatory Program.B. Upon petition an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will:
26.20.11.05.htm 26.20.11.05. 05 Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations.. The requirements of this chapter do not apply to:. A. Lands on which surface coal mining operations were being conducted on August 3, 1977;. B. Lands covered by a permit issued under the Interim Regulatory Program or the Regulatory Program; orC. Lands where substantial legal and financial commitments in surface coal mining operations were in existence before January 4, 1977.
26.20.11.06.htm 26.20.11.06. 06 Prospecting on Area Designated Unsuitable.. Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to this chapter does not prohibit coal prospecting in the area, if conducted in accordance with the Regulatory Program, and other applicable requirements. Prospecting on any lands designated unsuitable for surface coal mining operations must be approved by the Bureau to ensure that exploration does not interfere with
26.20.11.07.htm 26.20.11.07. 07 Petition Processing Procedures.. A. Within 30 days of receipt of a petition, the Bureau shall notify the petitioner by certified mail as to whether the petition is complete. For the purpose of this regulation, "complete" means that all of the information required under Regulation .03A or B of this chapter has been provided.B. If the Bureau determines that the petition is incomplete or frivolous, or that the petitioner does not have an interest which is or may be adversel
26.20.11.08.htm 26.20.11.08. 08 Petition Decision Procedures.. A. In reaching its decision on a petition, the Bureau shall use:. 1) The information contained in the data base and inventory system;. 2) Information provided by other governmental agencies;. 3) The detailed statement prepared under Regulation .07M of this chapter; and. 4) Any other relevant information submitted during the comment period.. B. A final written decision shall be issued by the Bureau, including a statement of reasons, within
26.20.11.09.htm 26.20.11.09. 09 Data Base and Inventory System Requirements.. A. The Bureau shall develop a data base and inventory system to assist in evaluation of petitions under this chapter.B. The Bureau shall include in the system information relevant to the criteria in Regulation .04 of this chapter, including but not limited to information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the agency administering §127 of the Clea
26.20.11.10.htm 26.20.11.10. 10 Public Information.. The Bureau shall:. A. Make the information and data base system developed under Regulation .09 of this chapter available to the public for inspection free of charge and for copying at reasonable cost;B. Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data b
26.20.11.9999.htm 26.20.11.9999. Administrative History Effective date:. Regulations .01―10 were previously codified as COMAR 08.13.09.11A―J, 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 08.20.11 to COMAR 26.20.11, June 1996.
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