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26.20.20.00.htm 26.20.20.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 20 Hydrologic Balance Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.20.01.htm 26.20.20.01. 01 Ground Water Protection.. A. Backfilled materials shall be placed so as to:. 1) Minimize contamination of ground water systems with acid, toxic, or otherwise harmful mine drainage;2) Minimize adverse effects of mining on ground water systems outside the permit area; and. 3) Support approved postmining land uses.. B. Pits, cuts, and other mine excavations or disturbances shall be located, designed, constructed, and utilized in such a manner as to prevent or cont
26.20.20.02.htm 26.20.20.02. 02 Protection of Ground Water Recharge Capacity.. A. Surface mining activities shall be conducted in a manner that facilities restoration of the approximate pre-mining recharge capacity, through restoration of the capability of the reclaimed areas as a whole (excluding coal processing waste and underground development waste disposal areas and fills) to transmit water to the ground water system.B. The recharge capacity shall be restored to a condition which:.
26.20.20.03.htm 26.20.20.03. 03 Protection of Streams.. A. Land within 100 feet of a perennial stream or an intermittent stream may not be disturbed by surface mining activities unless the Bureau specifically authorizes surface mining activities closer to or through such a stream.B. The Bureau may authorize the surface mining activities closer to or through a stream upon finding that:1) The activities will not cause or contribute to the violation of applicable State or federal water quality standards;
26.20.20.04.htm 26.20.20.04. 04 Ground Water Monitoring.. A. Ground water monitoring shall be conducted according to the ground water monitoring plan approved under COMAR 26.20.02.13R.B. Frequency of Monitoring Ground Water.. 1) The frequency of monitoring ground water at the approved monitoring location or locations shall be once every calendar quarter unless more frequent monitoring is required by the Bureau.2) Ground water monitoring data shall be submitted to the Bureau within 28 days of the end of the qu
26.20.20.05.htm 26.20.20.05. 05 Surface Water Monitoring.. A. Surface water monitoring shall be conducted according to the surface water monitoring plan approved under COMAR 26.20.02.13S.B. Monitoring of Surface Water.. 1) The frequency of monitoring surface water at the approved monitoring location or locations shall be once every calendar quarter unless more frequent monitoring is required by the Bureau.2) The samples for consecutive quarters shall be collected at a minimum of 60-day intervals..
26.20.20.06.htm 26.20.20.06. 06 Casing and Sealing of Drilled Holes: General Requirements.. Each prospect hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the Bureau, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the mine plan
26.20.20.07.htm 26.20.20.07. 07 Casing and Sealing of Drilled Holes: Temporary.. Prospect holes, other drill or boreholes, wells, and other exposed underground openings, which have been identified in the approved permit application for use in returning coal processing waste or water to underground workings, or which are to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, fences, or other protective devices approved by the Bureau
26.20.20.08.htm 26.20.20.08. 08 Casing and Sealing of Drilled Holes: Permanent.. When no longer needed for monitoring or other use approved by the Bureau, unless approved for transfer as a water well, each prospect hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Bureau in accordance with the Regulatory Program. Permanent closure measures shall be designed to prevent access to the mi
26.20.20.09.htm 26.20.20.09. 09 Transfer of Wells.. A. A prospect or monitoring well may only be transferred by the person who conducts surface mining activities for further use as a water well with the prior approval of the Bureau and in accordance with State and local law. That person and the surface owner of the lands where the well is located shall jointly submit a written request to the Bureau for that approval.B. Upon an approved transfer of a well, the transferee shall:.
26.20.20.10.htm 26.20.20.10. 10 Discharge of Water into an Underground Mine.. Surface water, or water from another underground mine, may not be diverted or otherwise discharged into underground mine workings, unless the person who conducts the surface mining activities demonstrates to the Bureau that this will:A. Abate water pollution or otherwise eliminate public hazards resulting from surface mining activities, and prevent material damage outside the permit area;B. Be discharged as a con
26.20.20.11.htm 26.20.20.11. 11 Water Rights and Replacement.. Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source when this supply has been affected by contamination, diminution, or interruption proximately resulting from surface mining activities.
26.20.20.9999.htm 26.20.20.9999. Administrative History Effective date:. Regulations .01―11 were previously codified as COMAR 08.13.09.23A―K, 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.Regulations .03―05, .09A, and .10A amended effective October 23, 1995 (22:21 Md. R. 1614) ―. Chapter recodified from COMAR 08.20.20 to COMAR 26.20.20, June 1996.
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