Md. Code Regs. 26.21.01.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.01.03 - Surface Mining Permit

A. A person may not obtain a surface mining permit unless that person is licensed in accordance with the Act and Regulation .02 of this chapter.

B. A licensee may not engage in a mining operation unless the licensee has a surface mining permit for the affected land.

C. Forms.

(1) A licensee shall apply to the Department for a permit on either a short form or long form furnished by the Department.

(2) Short Form.

(a) The short form may be used if all of the following conditions are met:

(i) The proposed permit area does not exceed 5 acres;

(ii) Not more than 20,000 cubic yards or 30,000 tons of minerals are to be extracted each year; and

(iii) The Department determines that a long form is not required because of special circumstances such as the mining method, the proximity of the operation to residences, the proposed reclamation, or past experience of the Department with similar mining operations.

(b) The short form application shall be accompanied by all of the following:

(i) The mining and reclamation plan on a form furnished by the Department;

(ii) A notarized right-of-entry agreement provided by the Department and executed by the landowner as described in Environment Article, § 15-808(d)(1), Annotated Code of Maryland;

(iii) An amount necessary to reimburse the Department for its expense in recording the right-of-entry agreement in the appropriate land records;

(iv) A sediment control plan approved by the local soil conservation district;

(v) A written statement by the licensee listing all other State, county, and local permits and approvals required, and the status of each;

(vi) A filing fee prescribed by the Act;

(vii) A special reclamation fee as prescribed by the Act prorated for each acre and each fraction of an acre;

(viii) A topographic map described in §D of this regulation;

(ix) A certification by the permittee that all work will be done pursuant to this plan; and

(x) Any other relevant materials and documents deemed necessary by the Department.

(3) Long Form.

(a) The long form shall be used if the Department determines that the short form is not acceptable.

(b) The long form application shall be accompanied by all of the following:

(i) A mining and reclamation plan which shall be on a form furnished by the Department which meets the requirements of Environment Article, § 15-822, Annotated Code of Maryland;

(ii) A notarized right-of-entry agreement provided by the Department and executed by the landowner as described in Environment Article, § 15-808(d)(1), Annotated Code of Maryland;

(iii) An amount necessary to reimburse the Department for its expense in recording the right-of-entry agreement in the appropriate land records;

(iv) A sediment control plan approved by the local soil conservation district;

(v) A written statement by the licensee listing all other State, county, and local permits and approvals required, and the status of each;

(vi) A filing fee prescribed by the Act;

(vii) A special reclamation fee as prescribed by the Act prorated for each acre and each fraction of an acre;

(viii) A topographic map described in §D of this regulation;

(ix) A certification by the permittee that all work will be done pursuant to this plan; and

(x) Any other materials and documents deemed necessary by the Department.

D. With each application form, the licensee shall submit a topographic map in triplicate meeting all of the following conditions:

(1) The map shall be on a scale not smaller than 1 inch equals 200 feet with a contour interval spacing appropriate for the topography;

(2) A single sheet of the map shall be not larger than 36 inches by 42 inches;

(3) The map shall contain the information required in Environment Article, § 15-822(b) -(d), Annotated Code of Maryland and all of the following:

(a) A vicinity map of the tract of land to be affected,

(b) Property lines, name of the landowner of the affected area, and names of the adjacent landowners,

(c) The name of the municipality or election district and county,

(d) The location of all buildings within 200 feet of the outer perimeter of the affected land and the name and address of the owner, and the use of each building,

(e) The location and names of streams, roads, railroads, utility lines, and known archaeological and historical sites that are on or immediately adjacent to the affected lands,

(f) The outline and designation of pit areas, soil (topsoil and subsoil) storage areas, stockpiles, processing plants, settling and tailings ponds, disposal areas, reclamation areas, and areas to be mined at a future date,

(g) All existing disturbance on the site,

(h) The location of existing and proposed access, haul, and support roads,

(i) The location where mining will begin, the location where mining will end, and the direction that mining will proceed,

(j) The location of proposed highwalls or slopes that will be left upon completion of mining,

(k) The location, identification, and elevation of test borings or excavations which the licensee has conducted on the affected land,

(l) Cross sections showing the location of test borings, sample sites, test pits, the nature and depth of the various strata, the thickness of any mineral seam or deposit, and a description of the overburden, subject, however, to confidentiality provided by the Act,

(m) Proposed final contours and elevations,

(n) Title block containing information stating whether the map is an "application map", "modification map", "annual report map", "final map", or "renewal map", and

(o) Date of revision block stating revisions made, date made, and initials of the preparer;

(4) If borings were not taken, then the cross sections shall be prepared based upon adjacent previously mined areas or any source of information that is acceptable to the Department;

(5) The map shall be prepared and certified by a Maryland registered professional engineer or Maryland registered land surveyor, but the Department may waive this requirement when the short form is used.

E. For permit applications for surface mines subject to the provisions of Environment Article, §§ 15-812 and 15-813, Annotated Code of Maryland, the Department may require the permittee to submit the following additional information:

(1) Monitoring well data and reports derived from monitoring data;

(2) Boring logs;

(3) A written report of known sinkhole occurrences in the vicinity including an aerial photograph or map showing the location;

(4) Aquifer pump test reports or other pertinent hydrologic data;

(5) Geologic reports;

(6) Field investigation reports, dye trace analyses, or any other information requested by the Department; and

(7) A map at a scale and in a format established by the Department showing:

(a) A proposed zone of dewatering influence,

(b) Topography, geology, sinkhole locations, stream and road locations, and any environmental or geologic features relevant to the determination of a zone of dewatering influence, and

(c) Any cultural features, including structures and water supply wells, and property lines within and adjacent to the proposed zone of dewatering influence.

Md. Code Regs. 26.21.01.03

Regulation .03E adopted effective May 14, 2001 (28:9 Md. R. 890)