Md. Code Regs. 26.20.02.09

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

Section 26.20.02.09 - Description Included in Permit Application

A. Each permit application shall include a description of the existing premining environmental resources within the proposed mine plan area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

B. The description shall include:

(1) When required by the Bureau, a statement of the climatological factors that are representative of the proposed mine plan area, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and seasonal temperature ranges.

(2) When required by the Bureau, a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential for re-establishing vegetation.

(3) Fish and wildlife resource information for the permit and adjacent area, at the scope and level of detail determined by the Bureau in consultation with State or federal agencies with responsibility for fish and wildlife, sufficient to design the fish and wildlife protection and enhancement plan required under Regulation .13H of this chapter, including site specific fish and wildlife resource information necessary to assess the respective species when the permit or adjacent area is likely to contain:

(a) Listed or proposed endangered or threatened species of plants or animals and their critical habitats listed by the Secretary of the Interior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and those species and habitats protected by similar State statutes,

(b) Eagles, migratory birds, and other species identified as requiring special protection under State or federal law, and

(c) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, and reproduction and wintering areas.

(4) Soil survey information of those lands within the permit area which a reconnaissance inspection suggests may be prime farmlands, consisting of the following:

(a) A map delineating different soils;

(b) Soil identification;

(c) Soil description;

(d) Present and potential productivity of existing soils;

(e) If the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the results of analyses, trials, and tests of overburden and topsoil.

(5) A statement of the condition, capability, and productivity of the land within the proposed permit area, including:

(a) A narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land has changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.

(b) A narrative of land capability and productivity. The narrative shall provide analyses of the capability of the land, before any mining, to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the proposed permit area; and the productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from these lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, State agricultural universities, or appropriate State natural resource or agricultural agencies.

(6) If the proposed permit area has been previously mined, provide information concerning the uses of the land preceding mining, if available.

(7) A description of the existing land use classifications under local law of the proposed permit and adjacent areas.

(8) Identification of the pre-mining use or uses of the land according to one or more of the following land-use categories:

(a) "Cropland", which is land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included.

(b) "Pastureland or land occasionally cut for hay", is land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

(c) "Grazingland", which includes both grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production. Land use for facilities in support of ranching operations which are adjacent to or an integral part of these operations is also included.

(d) "Forestry", which is land used or managed for the long-term production of wood, wood fiber, or wood-derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.

(e) "Residential", which includes single and multiple-family housing, mobile home parks, and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include but are not limited to vehicle parking and open space that directly relate to the residential use.

(f) "Industrial/commercial", which is land used for:

(i) Extraction or transformation of materials for fabrication of products, wholesaling of products, or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining, and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include but are not limited to all rail, road, and other transportation facilities.

(ii) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include but are not limited to parking, storage, or shipping facilities.

(g) "Recreation", which is land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses.

(h) "Fish and wildlife habitat", which is land dedicated wholly or partially to the production, protection, or management of species of fish and wildlife.

(i) "Developed water resources", which includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply.

(j) "Undeveloped land or no current use or land management", which is land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

(9) Other relevant information required by the Bureau.

Md. Code Regs. 26.20.02.09

Regulations .09 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.