Md. Code Regs. 26.20.03.03

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

Section 26.20.03.03 - Mountaintop Removal Mining

A. This regulation applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining. "Mountaintop removal mining" means surface mining activities where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except where an outcrop barrier, consisting of the lowest coal seam and its associated overburden, is required to be retained by the Bureau) by removing substantially all of the overburden off the bench, and creating a level plateau or a gently rolling contour, with no highwalls remaining, and which is capable of supporting postmining land uses in accordance with the requirements of this regulation.

B. The Bureau will not issue a permit for mountaintop removal mining, unless it first finds, in writing, that the following requirements are met:

(1) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use, and, if after consultation with the appropriate land-use planning agencies, the proposed land use is deemed to constitute an equal or better economic or public use of the affected land compared with the pre-mining use, then:

(a) The applicant demonstrates compliance with the requirement for acceptable alternative postmining land uses,

(b) The proposed use would be compatible with adjacent land uses and existing State and local land use plans and programs, and

(c) The Bureau has provided, in writing, an opportunity of not more than 60 days to review and comment on the proposed use, to the commissioners of the county in whose jurisdiction the land is located and any State or federal agencies which have any interest in the proposed use;

(2) The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour, the operation will be conducted in compliance with the special performance standards of COMAR 26.20.24.03 a for mountaintop removal, and these requirements are made a specific condition of the permit;

(3) The proposed operations will meet all other requirements of the Regulatory Program;

(4) The permit is clearly identified as being for mountaintop removal mining.

C. Any permits incorporating a variance issued under this regulation shall be reviewed annually, and before permit renewal, to establish that the operator is proceeding in accordance with the terms of the variance, unless the permittee has demonstrated and the Bureau found in writing, within 3 months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of the Regulatory Program.

D. The terms and conditions of a permit for mountaintop removal mining may be modified at any time by the Bureau, if it determines that more stringent measures are necessary to insure that the operation involved is conducted in compliance with the requirements of the Regulatory Program.

Md. Code Regs. 26.20.03.03

Regulations .03 were previously codified as COMAR 08.13.09.03 a Introduction and A_I, 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.