Md. Code Regs. 26.21.02.04

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

Section 26.21.02.04 - Sinkhole Occurrence Within the Zone of Dewatering Influence

A. When the permittee becomes aware that a sinkhole has occurred within a zone of dewatering influence, the permittee shall immediately:

(1) Report the occurrence to the Department; and

(2) Implement appropriate safety measures to protect the public.

B. When a sinkhole occurs within a zone of dewatering influence, the permittee may not knowingly:

(1) Leave a sinkhole which occurs within a roadway or creates a public safety hazard unattended until appropriate State or local officials arrive, or

(2) Repair the sinkhole without authorization from the Department, unless protection of property or public safety warrants immediate repair.

C. Investigation of Reported Sinkholes.

(1) The Department shall investigate reported sinkholes to determine their proximate cause.

(2) The Department's investigation may include the following:

(a) Stratigraphic analysis of the site;

(b) Surface and subsurface drainage patterns;

(c) Investigation of water tables and usage in the area;

(d) Topographic and geologic maps;

(e) Dye tracing;

(f) Aerial photography analysis; and

(g) Any other evidence available to the Department.

D. If the Department determines that the proximate cause of sinkhole damage within a zone of dewatering influence is surface mine dewatering, it shall notify the permittee, in writing. Within 14 days of receipt of the Department's notification, the permittee may provide a written response or information to the Department.

E. If the permittee does not respond, or responds but the Department does not change its finding of proximate cause, the permittee shall, within 14 days after the Department issues its findings, submit a plan and schedule for repair of the sinkhole damage to the Department for approval, subject to any right to contested case hearing. The repair plan shall ensure future stability and protection of ground water quality. The permittee shall repair real or personal property in accordance with Environment Article, § 15-813(e), Annotated Code of Maryland. The permittee shall obtain written approval from the owner of the affected real property before beginning any repair work.

F. Damage Assessment and Compensation.

(1) If the damage cannot be restored to its presubsidence condition, the permittee shall pay monetary compensation to the property owner.

(2) The property owner shall be compensated for the value of the owner's property based upon the difference in the fair market value before the subsidence damage and the fair market value as it exists with the damage.

(3) Fair market value shall be established by a certified general appraiser familiar with property values in the area.

(4) The permittee shall retain a certified general appraiser who is:

(a) Licensed by the Department of Labor, Licensing, and Regulation; and

(b) Familiar with property values in the area of the affected property.

(5) The permittee shall pay the cost of the damage assessment.

(6) The property owner shall bear all cost for any independent appraisal if the property owner does not accept the damage assessment as established by the appraisal performed by the certified general appraiser.

(7) A copy of the appraisal or appraisals shall be submitted to the Department and the property owner impacted by the damage.

(8) The Department shall make the final determination of the damage assessment if the damage assessment established by the property owner's appraisal differs from the damage assessment established by the appraisal performed by the certified general appraiser.

G. If the property owner refuses the permittee permission to enter the land to make sinkhole repairs, conduct appraisals, or establish damages, the Department shall notify the property owner that, by refusing to grant the permission, the permittee has no obligation to repair the damage or to pay monetary compensation until permission to enter the land is granted by the property owner.

Md. Code Regs. 26.21.02.04