Md. Code Regs. 26.20.04.02

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

Section 26.20.04.02 - Initial Review by the Bureau

A. Within 10 days of receipt of a permit application, the Bureau shall conduct a preliminary review for completeness. If it is determined that necessary information is not included, the Bureau shall return the application, with notification as to its deficiencies, and take no further action regarding the permit request.

B. If it is determined immediately that the requested permit cannot be issued, the Bureau shall so notify the applicant in accordance with the provisions of Regulation .12 of this chapter.

C. When the Bureau determines that an application is complete, the Bureau shall:

(1) Notify the applicant in writing that the application is complete, and that the applicant shall advertise in a newspaper as required by Regulation .03 of this chapter, and file a copy of the application for public inspection as required by Regulation .04 of this chapter;

(2) Forward copies of the application to the agency responsible for issuing the National Pollutant Discharge Elimination System permit and the soil conservation district in which the proposed operation is located, and provide these agencies an opportunity for a technical on-site evaluation within 2 weeks; and

(3) Issue written notification of receipt of a complete application to:

(a) Local government agencies with jurisdiction over or an interest in the area of the proposed surface coal mining and reclamation operation, including but not limited to the county commissioners, county planning and zoning agency, sewage and water treatment authorities, and

(b) Federal or State government agencies with authority to issue permits and licenses applicable to the proposed surface coal mining and reclamation operation and those agencies with an interest in the proposed operation, including the U.S.D.A. Soil Conservation Service, the U.S. Army Corps of Engineers, the National Park Service, State and federal fish and wildlife agencies, the State Archeologist, and the Maryland Historical Trust.

D. Notwithstanding the notification under §C(1) of this regulation, the applicant is required to immediately submit any information which is later determined by the Bureau to be necessary for continued processing and evaluation of the application.

E. The notifications required by §C(3) of this regulation include:

(1) A statement that the Bureau has received an application to surface mine a particularly described tract of land;

(2) The name of the applicant, and any identifying number assigned to the application;

(3) The location where a complete copy of the application may be inspected;

(4) The address where written comments, objections, or a request for a hearing may be submitted on the application; and

(5) The deadline for submission of comments, objections, or a request for a hearing.

Md. Code Regs. 26.20.04.02

Regulations .02 were previously codified as COMAR 08.13.09.04 a A_G and H_M, 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 26.20.01.
Regulation .02 amended effective March 14, 1994 (21:5 Md. R. 403)