Md. Code Regs. 26.20.03.06

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

Section 26.20.03.06 - Variances for Delay in Contemporaneous Reclamation Requirement in Combined Surface and Underground Mining Operations

A. This regulation applies to any person who conducts or intends to conduct combined surface mining activities and underground mining activities, where contemporaneous reclamation is not practicable and a delay is requested to allow underground mining activities to be conducted before the reclamation operation for the surface mining activities can be completed. In general, delay in reclamation of surface mining activities will be permitted, if that delay will allow underground mining activities to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface land or waters.

B. Any person who desires to obtain a variance under this regulation shall file with the Bureau complete applications for both the surface mining activities and underground mining activities which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps, and plans, which:

(1) Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of coal;

(2) Show how multiple future disturbances of surface lands or waters will be avoided;

(3) Identify the specific surface areas for which a variance is sought and the particular section of the Regulatory Program from which a variance is being sought;

(4) Show how the activities will comply with the requirements under COMAR 26.20.24.07 a for concurrent surface and underground mining and other applicable requirements of the Regulatory Program;

(5) Show why the variance sought is necessary for the implementation of the proposed underground mining activities;

(6) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of surface mining activities is delayed; and

(7) Show how off-site storage of spoil will be conducted.

C. The Bureau will not issue a permit incorporating a variance under this regulation unless it first finds, in writing, that:

(1) The applicant has presented specific, feasible plans for the proposed underground mining activities;

(2) The proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the mineral resources and will avoid multiple future disturbances of surface land or waters;

(3) The applications for the surface mining activities and underground mining activities conform to the requirements of the Regulatory Program and all other permits necessary for the underground mining activities have been issued by the appropriate authority;

(4) The area of surface mining activities proposed for the variance are necessary for implementing the proposed underground mining activities;

(5) No substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of reclamation otherwise required by the Regulatory Program;

(6) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of COMAR 26.20.24.07 a for concurrent surface and underground mining and the Regulatory Program;

(7) Provisions for off-site storage of spoil will comply with the requirements of the Regulatory Program;

(8) Liability under the performance bond required to be filed by the applicant shall be for the duration of the underground mining activities and until all requirements of the Regulatory Program have been complied with; and

(9) The permit for the surface mining activities:

(a) Delineates the particular surface areas for which a variance is authorized,

(b) Identifies the particular requirements for concurrent surface and underground mining which are to be complied with instead of the otherwise applicable provisions of the Regulatory Program, and a detailed schedule for compliance with those particular requirements.

D. Variances granted under this regulation shall be reviewed annually by the Bureau.

Md. Code Regs. 26.20.03.06

Regulations .06 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.