Md. Code Regs. 26.19.01.03

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

Section 26.19.01.03 - Seismic Permit Application Procedures

A. A person may not conduct seismic operations in the State without obtaining a seismic permit from the Department.

B. A seismic permit may not be transferred or renewed without written permission of the Department.

C. Application Procedures for an Applicant.

(1) A seismic permit application shall be:

(a) On a form provided by the Department;

(b) Completed and signed by the seismic contractor or the contractor's authorized agent.

(2) The seismic permit application shall include:

(a) The name, address, and telephone number of the applicant's resident agent;

(b) U.S. Geological Survey 7.5-minute topographic maps, hydrographic charts, or copies, showing the location of seismic lines;

(c) Certification that State and county permit and bond requirements have been met for any seismic operations;

(d) A statement, on a form provided by the Department, signed by an affected property owner providing the permittee with the right of entry to conduct seismic operations;

(e) Authorization, on a form provided by the Department, signed by property owners who can grant legally binding rights of entry to the property authorizing representatives of the Department to enter their private property for the purpose of inspecting seismic operations that are ongoing or have been conducted on the property;

(f) A reclamation plan detailing how any area disturbed by the seismic operation will be restored;

(g) A certificate of insurance showing personal injury and property damage liability coverage of not less than $1,000,000 for each person and $5,000,000 for each occurrence or accident; and

(h) A specific calendar schedule for the proposed operation which prohibits any in-stream work during the spawning season of anadromous fish.

(3) Applications for permits to conduct seismic operations on the waters of Chesapeake Bay and its tidal tributaries shall be accompanied by a written agreement to provide the Department with processed seismic sections as soon as these sections are available, but not more than 1 year after field operations are completed.

(4) The applicant shall provide additional information considered necessary by the Department to process the permit.

(5) A request for modification of the activities approved under the seismic permit shall be submitted to the Department in writing, and shall be approved by the Department before the person conducts the modified seismic operation.

D. Application Processing Procedures for the Department.

(1) The Department shall review the application to determine whether it contains all of the required information.

(2) If the required information is not included, the Department shall advise the applicant by written or oral communication that it is incomplete, and may suspend processing pending receipt of deficiencies.

(3) The Department may deny a permit if the:

(a) Applicant does not submit the information required by the Department;

(b) Proposed activity poses a substantial risk of causing environmental damage that cannot be mitigated by the applicant such as that set forth in Environment Article, § 14-109(b)(6)(ii), Annotated Code of Maryland;

(c) Proposed operation will violate these regulations.

(4) If the Department's decision is to deny the permit, a notification of denial shall state the reasons for denial, modifications, if any, necessary for approval of the application, and the hearing rights as provided in Regulation .07E of this chapter.

(5) Information contained in the application and accompanying documents and required reports shall be available to the public, except for confidential geological and geophysical information protected under State Government Article, § 10-617, Annotated Code of Maryland.

(6) The Department may include special provisions or modify conditions in the permit for environmental, safety, or other relevant reasons.

(7) The seismic permit is valid for 12 months from the date of issuance.

(8) In addition to any other remedies provided by law, after notice to the permittee and the opportunity for a hearing, the Department may revoke a seismic permit if the permittee has failed to comply with any applicable law, regulation, or condition of the permit.

Md. Code Regs. 26.19.01.03