Md. Code Regs. 26.20.24.03

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

Section 26.20.24.03 - Mountaintop Removal

The Bureau may grant a variance from the requirement for restoring affected areas to their approximate original contour if all of the following conditions are satisfied:

A. The permit application specifically requests a variance, and contains information in accordance with COMAR 26.20.03.03 a, and the following criteria, which enables the Bureau to make all necessary findings.

B. The activities involve the mining of an entire coal seam running through the upper fraction of a mountain, ridge, or hill, by removing all of the overburden and creating a level plateau or gently rolling contour with no highwalls remaining.

C. An industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use is proposed and approved for the affected land.

D. The alternative land-use requirements in COMAR 26.20.03.03 a are met.

E. All applicable requirements of the Regulatory Program, other than the requirement to restore affected areas to their approximate original contour, are met.

F. An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam, and its associated overburden, are retained to prevent slides and erosion. The Bureau may permit an exemption to the retention of the coal barrier requirement if the following conditions are satisfied:

(1) The proposed mine site was mined before May 3, 1978, and the toe of the lowest seam has been removed; or

(2) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of a head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier.

G. The final graded slopes on the mined area are less than 5:1 so as to create a level plateau or gently rolling configuration, and the outslope of the plateau does not exceed 2:1 except where engineering data substantiates and the bureau finds, in writing, and includes in the permit, that a minimum static safety factor of 1.5 will be attained.

H. The resulting level or gently rolling contour is graded to drain inward from the outslope, except at specified points where it drains over the outslope in stable and protected channels. The drainage may not be through or over a valley or head-of-hollow fill.

I. Natural watercourses below the lowest coal seam mined are not damaged.

J. All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, are covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use.

K. Spoil is placed on the mountaintop bench as necessary to achieve the postmining land use approved. All excess spoil material not retained on the mountaintop shall be placed in accordance with the Regulatory Program.

Md. Code Regs. 26.20.24.03

Regulations .03 were previously codified as COMAR 08.13.09.28 a A_G, 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.