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26.21.01.00.htm 26.21.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 21 MINING Chapter 01 Surface Mining Authority: Environment Article, §15-803 and 15-813; Natural Resources Article, §10-2A-06(c) Annotated Code of Maryland
26.21.01.01.htm 26.21.01.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means Environment Article, §15-801―15-834, Annotated Code of Maryland.. 2) "Angle of repose" means the maximum angle of slope (measured from a horizontal plane) at which loose cohesionless material will come to rest on a pile of similar material.3) "Applicant" means that person making application to the Department under the Act for a license or a permit and who is resp
26.21.01.02.htm 26.21.01.02. 02 Surface Mining License.. A. A person may not engage in surface mining within the State without first obtaining a surface mining license.B. Application Requirements for Initial License.. 1) The application for a license shall be on a form furnished by the Department and shall include all appropriate information required by the Department.2) The person making the application shall be as follows:. a) If a corporation is making application, an authorized agent or employee
26.21.01.03.htm 26.21.01.03. 03 Surface Mining Permit.. A. A person may not obtain a surface mining permit unless that person is licensed in accordance with the Act and Regulation .02 of this chapter.B. A licensee may not engage in a mining operation unless the licensee has a surface mining permit for the affected land.C. Forms.. 1) A licensee shall apply to the Department for a permit on either a short form or long form furnished by the Department.2) Short Form..
26.21.01.04.htm 26.21.01.04. 04 Review of Application.. The Department shall review the application for a surface mining permit (original, modification, renewal, transfer) in accordance with the following procedures:A. Within 20 working days of receipt of an application, accompanying documents, and the appropriate fees, the Department shall review the application to determine whether it contains all information required by Regulation .03C and D of this chapter;B. If the required information is not included, th
26.21.01.05.htm 26.21.01.05. 05 Effect of License Denial or Expiration on Permits.. If the Department denies the renewal of a surface mining license or a licensee fails to renew a license as provided for in Regulation .02D(2) of this chapter, the following shall apply:A. In accordance with Environment Article, §15-821, Annotated Code of Maryland, the Department shall suspend all permits issued to the licensee;B. If an administrative appeal is not filed, the Department shall revoke all permits issued to the f
26.21.01.06.htm 26.21.01.06. 06 Termination of Lease.. If a landowner terminates a permittee's lease agreement, the Department may:. A. Transfer the permit to another licensee if the landowner and the permittee consent;. B. Require the permittee to initiate reclamation within 3 months after the date that the lease is terminated or sooner if required by the mining and reclamation plan, and to complete reclamation by a certain date; orC. Delay any action pending resolution of any outstanding appeals..
26.21.01.07.htm 26.21.01.07. 07 Fees.. A. License and permit fees shall be as prescribed in the Act.. B. Application fees are not refundable.. C. The Department shall return the special reclamation fee and recording fee for the right-of-entry agreement to the applicant if a permit is denied.D. The Department shall deposit all fees except right-of-entry recording fees in the Surface Mined Land Reclamation Fund.
26.21.01.08.htm 26.21.01.08. 08 Surface Mining License Exceptions.. A. In determining whether certain farming, including aquaculture, construction, and processing activities are subject to this chapter, the Department shall apply the criteria set forth in §B―F of this regulation.B. Processing Plant.. 1) Operations engaged in processing minerals which are not subject to this chapter are as follows:. a) Processing plants that are not contiguous to a permit area; or. b) Processing plants that
26.21.01.09.htm 26.21.01.09. 09 Surface Mining and Reclamation Requirements.. The practices described in Regulations .10-20 of this chapter are the minimum requirements that shall be included in the mining and reclamation plan. The Department may specify additional practices. In addition, the intended use of the affected land shall comply with local land use requirements.
26.21.01.10.htm 26.21.01.10. 10 Grading and Sediment Control.. A. The permittee shall minimize the removal of vegetation, topsoil, and overburden before surface mining.B. The permittee shall construct and maintain erosion and sediment control devices in accordance with the grading and sediment control plan approved by the local soil conservation district.C. The permittee shall confine mining activity to the maximum area of disturbance at any one time as described in the permit.D. The permittee shall ma
26.21.01.11.htm 26.21.01.11. 11 Topsoil.. A. The permittee shall remove, segregate, and stockpile topsoil on-site for reclamation unless the Department approves the removal from the site in the permit.B. The permittee shall protect stockpiled topsoil in accordance with the approved mining and reclamation plan by a vegetative cover or by other methods demonstrated to provide protection, including but not limited to, chemical binders and mulching.C. After the final grade has been completed in acc
26.21.01.12.htm 26.21.01.12. 12 Overburden, Mine Waste, and Rock.. A. The permittee shall use overburden, mine waste, and rock to reduce the slope gradient of highwalls unless the permittee demonstrates that this use is impractical.B. The permittee shall stabilize storage piles of overburden, mine waste, and rock in accordance with the approved mining and reclamation plan and may not restrict any natural drainage without an approved diversion.C. The Department may require mine waste piles to
26.21.01.13.htm 26.21.01.13. 13 Backfilling and Grading.. A. The permit area shall include any area which will be mined to produce additional materials for backfilling and grading.B. The mining and reclamation plan shall provide that if settling occurs additional backfilling shall be performed.C. If the postmining land use includes roads, building sites, or other improvements, the mining and reclamation plan shall require compaction of the fill materials in conformance with good engineering practice.
26.21.01.14.htm 26.21.01.14. 14 Final Slope Gradient.. A. The designed steepness and proposed treatment of the final slopes of the mined land shall take into consideration the physical properties of the slope material, its probable maximum water content, landscaping requirements, and other factors. For example, the maximum stable slope angle may range from 90 degrees in a sound limestone, igneous rock, or similar hard rock to less than 20 degrees in highly expansive clay.B. The mining and reclama
26.21.01.15.htm 26.21.01.15. 15 Vegetation.. A. The permittee shall vegetate the affected area as specified by the Department and by the approved mining and reclamation plan.B. Vegetation shall include existing roadside and property line screens and any additional plantings specified by the Department.
26.21.01.16.htm 26.21.01.16. 16 Reclamation Schedule.. A. The permittee shall begin reclamation activities required by this chapter as soon as practicable after mining starts, continuing concurrently with mineral extraction and, upon termination of mining, until the entire permit area is reclaimed.B. If site conditions dictate that reclamation cannot begin until mineral extraction is terminated, the reasons for this delay shall be detailed in the mining and reclamation plan, and the reclamation
26.21.01.17.htm 26.21.01.17. 17 Setback Requirements.. A. The permit area shall be not less than 25 feet measured in a horizontal plane from any property line. This 25-foot setback shall also apply to any easement or right-of-way unless written permission is obtained from the holder of the easement or right-of-way.B. Setbacks greater than 25 feet may be required whenever the permit area is adjacent to any school, hospital, church, cemetery, river, stream, or similar area.C. The permit area may no
26.21.01.18.htm 26.21.01.18. 18 Roads.. A. Construction. The permittee:. 1) Shall construct and maintain access and haul roads in a manner that minimizes erosion and does not cause sedimentation or flooding;2) Shall obtain prior approval from the Department for all stream crossings;. 3) May clear vegetation for the essential width necessary for road and associated ditch construction;4) Shall stabilize all fill and cut slopes.. B. Drainage.. 1) The permittee shall drain any access or haul ro
26.21.01.19.htm 26.21.01.19. 19 Miscellaneous Requirements.. A. The permittee shall restore temporary stream or watershed diversions to the original conditions wherever practicable as determined by the Department.B. The permittee shall remove and dispose of any old equipment and man-made materials..
26.21.01.20.htm 26.21.01.20. 20 Impoundments.. A. Impoundments, including wash plant impoundments within surface mining permit limits, shall be permitted in accordance with Environment Article, §5-503, Annotated Code of Maryland, and COMAR 26.17.05, or approved by the appropriate soil conservation districts as appropriate according to the size of the impoundment.B. If surface water or ground water is appropriated or used for purposes of the mining operation, the permittee shall comply with Environment Article,
26.21.01.21.htm 26.21.01.21. 21 Blasting.. A. General.. 1) The permittee shall comply with all applicable local, State, and federal laws and regulations and with this regulation in the use of explosives. To the extent this regulation is more restrictive than other applicable law or regulations, this regulation shall control.2) The permittee is responsible for insuring that blasting is conducted by a person licensed under Article 38A, §26―36, Annotated Code of Maryland.3) The permittee shall co
26.21.01.22.htm 26.21.01.22. 22 Ground Vibration.. A. Maximum Blasting Limitation.. 1) Blasting near any dwelling, public building, school, church, commercial, or institutional building, or any other structure shall be in accordance with §B of this regulation and Regulation .23 of this chapter.2) The maximum peak particle velocity of any blasting operation may not exceed 2 inches per second, measured on the ground adjacent to the nearest structure of concern, unless otherwise directed by th
26.21.01.23.htm 26.21.01.23. 23 Blasting Procedures; Restrictions.. A. The permittee may conduct blasting from 7 a.m. to 10 p.m. local time, except that the Department may impose a more restrictive time period if required by the local government pursuant to a local ordinance.B. The permittee shall use sufficient stemming or natural cover to prevent flyrock from leaving the permit site.C. If a permittee proposes to perform any blasting within 1,000 feet of any occupied dwelling, the operator shall notify any
26.21.01.24.htm 26.21.01.24. 24 Seismographic Measurements.. A. When seismographic measurements are required the following shall apply:. 1) A record of each blast shall be kept.. 2) All records including seismographic reports shall be retained at least 4 years and shall be available for inspection and shall contain the following minimum data:a) Name of blasting company or blasting contractor;. b) Location, date, and time of blast;. c) Name, signature, Social Security number of blasters;.
26.21.01.25.htm 26.21.01.25. 25 Landfills.. A. If any part of the affected land is to be used as a landfill during mining or upon completion of mining, the Department may suspend the reclamation requirements for the area.B. The permittee shall obtain the prior written approval of the Maryland Department of the Environment and any other appropriate State, county, or local agency before engaging in landfilling activities.C. The permittee shall provide a time schedule to the Department for the or
26.21.01.26.htm 26.21.01.26. 26 Archaeological Artifacts, Historical Sites, and Threatened and Endangered Species.. A. An application for a permit shall indicate the existence of known archaeological artifacts, historical sites, threatened or endangered species, or species in need of conservation located within the property to be permitted. Threatened and endangered species are defined in Natural Resources Article, §10-2A-01, Annotated Code of Maryland. Species in need of conservation are listed in COMAR 08.03.
26.21.01.27.htm 26.21.01.27. 27 Surface Mining Permit Bond or Other Security.. A. Before the Department may issue a surface mining permit, an applicant shall file a performance bond with the Department in accordance with Environment Article, §15-823, Annotated Code of Maryland.B. Liability under the bond shall be for the duration of the mining permit, and for a period of 5 years after the permit's expiration date.C. The bond shall be released before the time specified in §B of this regul
26.21.01.28.htm 26.21.01.28. 28 Confidentiality.. A. Except as provided in §B of this regulation, the Department will not consider the information contained in applications for a surface mining license or surface mining permit and any supporting documents to be confidential, unless the applicant requests that information not be disclosed by the Department in accordance with State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.B. The following information submitted to the Depa
26.21.01.29.htm 26.21.01.29. 29 Violations.. A. In addition to other enforcement remedies provided by law, if the Department has reason to believe that an operation is in violation of the Act, these regulations, or the permit, the Department may issue a site complaint, notice of violation, stop work order, or any combination of these notices.B. Site Complaints and Notices of Violation.. 1) A site complaint or notice of violation shall be in writing, signed by an authorized representative of the Department, and
26.21.01.30.htm 26.21.01.30. 30 Certification of Inspectors.. A. The Department shall employ qualified inspectors and other personnel to enforce the Act, these regulations, and permit conditions.B. Criteria for qualifying as an inspector shall include the following:. 1) A college degree in mining engineering, civil engineering, geology, hydrology, agronomy, forestry, biology, or any of the physical or earth sciences; or2) A working knowledge of erosion and sediment control technology, health,
26.21.01.9999.htm 26.21.01.9999. Administrative History Effective date: December 11, 1989 (16:24 Md. R. 2617). Regulation .23C, E amended effective May 14, 1990 (17:9 Md. R. 1088) ―. Chapter recodified from COMAR 08.05.10 to COMAR 26.21.01, June 1996. Regulation .03E adopted effective May 14, 2001 (28:9 Md. R. 890).
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