Md. Code Regs. 26.20.02.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.02.03 - Permit Application; Applicant Information

Except that the submission of a Social Security number is voluntary, a mining permit application shall contain the following:

A. The names, addresses, telephone numbers, and, as applicable, Social Security numbers and employer identification numbers of:

(1) The permit applicant;

(2) The operator, if the operator is a person different from the applicant;

(3) The resident agent of the applicant who will accept service of process; and

(4) The person who will pay the abandoned mine land reclamation fee.

B. The names and addresses of:

(1) Every legal or equitable owner of record of the property (surface and mineral) to be mined;

(2) The holders of record of any leasehold interest in the property to be mined; and

(3) Any purchaser of record under a real estate contract of the property to be mined.

C. A statement of whether the applicant is a corporation, partnership, single proprietorship, association, and other business entity.

D. For each person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in COMAR 26.20.01.02 a B(62), as applicable:

(1) The person's name, address, Social Security number, and employer identification number;

(2) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organization structure;

(3) The title of the person's position, the date the position was assumed, and when submitted under COMAR 26.20.05.03 a I, the date of departure from the position;

(4) Each additional name and identifying number, including employer identification number, federal or State permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within 5 years preceding the date of the application; and

(5) The application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any state in the United States.

E. For a surface coal mining operation owned or controlled by either the applicant or by a person who owns or controls the applicant, the operation's:

(1) Name, address, identifying numbers, including employer identification number, federal or State permit number and MSHA number, the date of issuance of the MSHA number, and the issuing regulatory authority; and

(2) Ownership and control relationship to the applicant, including percentage of ownership and location in the organizational structure.

F. The names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

G. The name of the proposed mine and Mine Safety and Health Administration identification number for the mine and all sections, if any.

H. A statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit.

I. A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has had a federal or State mining permit suspended or revoked in the last 5 years, or has forfeited a mining bond or similar security deposited in lieu of bond.

J. If any suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

(1) Identification number and date of issuance of the permit or date and amount of bond or similar security;

(2) Identification of the authority that suspended or revoked a permit or forfeited a bond and the stated reasons for the action;

(3) The current status of the permit, bond, or similar security involved;

(4) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and

(5) The current status of these proceedings.

K. A list of all violation notices received by the applicant during the 3-year period preceding the application date for any violation of a provision of:

(1) The Surface Mining Control and Reclamation Act of 1977 ( P.L. 95-87);

(2) A law, rule, or regulation of the United States; and

(3) A State law, rule, or regulation enacted under federal law, rule, or regulation pertaining to air or water environmental protection incurred in connection with any surface coal mining operation.

L. A list of all unabated cessation orders and unabated air and water quality violation notices received before the date of the application by any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant.

M. For each violation notice or cessation order reported under §§K and L of this regulation, the lists shall include the following information, as applicable:

(1) Identifying numbers for the operation, including the:

(a) Federal or State permit number and MSHA number,

(b) Dates of issuance of the violation notice, and

(c) MSHA number;

(2) The name of the person to whom the violation notice was issued;

(3) The name of the issuing regulatory authority, department, or agency;

(4) A brief description of the violation alleged in the notice;

(5) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation;

(6) The current status of the proceedings and of any violation notice; and

(7) The actions taken to abate the violation.

N. A description of the documents upon which the applicant bases his legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant. When the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide, for lands within the permit area:

(1) A copy of the written consent of the surface owner to the extraction of coal by surface mining methods;

(2) A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods;

(3) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under State law the applicant has the legal authority to extract the coal by those methods; or

(4) Information which pertains solely to the payment of royalties, or other specific financial obligations of the applicant, may be deleted from the submitted documents.

O. A copy of the written consent of landowner, on a form furnished by the Bureau, for the operator or the State or any of its authorized agents to enter on any land affected by the operator within a period of 5 years after the operation is completed and reclaimed in accordance with the specifications of the Bureau or abandoned. The consent shall include a commitment by the landowner that neither he nor his agents will perform any act or cause any act to be performed on the affected area which is inconsistent with any provision of the approved mining and reclamation plan or these regulations without the prior approval of the Bureau.

P. A waiver from the owner of any occupied dwellings within 300 feet of the proposed surface mining activities, if applicable, and full information in support of any other waivers desired by the applicant under COMAR 26.20.10.

Q. A certificate of liability insurance.

R. A statement of whether the proposed permit area is within an area designated unsuitable for surface mining activities or under study for designation in an administrative proceeding. If the proposed permit area is within an area under study for designation as unsuitable for surface mining activities and the applicant asserts that substantial legal and financial commitments were made before January 4, 1977, concerning the proposed surface mining activities, the application shall contain information supporting the applicant's assertion.

S. The anticipated or actual starting and termination date of each phase of the surface mining activities and the anticipated number of acres of land to be affected for each phase of mining, and over the total life of the permit. If the applicant proposes to conduct the surface mining activities in excess of 5 years, the application shall contain information demonstrating that a permit term in excess of 5 years is 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 of financing.

T. The name and address of the public office where the applicant will simultaneously file a copy of the application for public inspection under COMAR 26.20.04.04 a.

Md. Code Regs. 26.20.02.03

Regulations .03 were previously codified as COMAR 08.13.09.02 a A_B and D_S, 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 26.2.01.