Md. Code Regs. 26.20.02.13

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

Section 26.20.02.13 - Description of Proposed Mining Operations

Each application shall contain a description of the proposed mining operations during the life of the mine within the permit area, including:

A. A narrative description of the type and method of proposed coal mining procedures and engineering techniques, including the measures to be used to maximize the use and conservation of the coal resource.

B. Anticipated annual and total production of coal, by tonnage, and major equipment to be used for all aspects of the operations.

C. The method of marking the perimeter of the permit area.

D. A narrative explaining the construction, modification, use, maintenance, and removal (unless retention is necessary for postmining land use) of the following facilities:

(1) Dams, embankments, and other impoundments;

(2) Overburden and topsoil handling and storage areas and structures;

(3) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(4) Spoil, coal processing waste, mine development waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;

(5) Mine facilities; and

(6) Water and air pollution control facilities.

E. The method of site preparation including the procedure for clearing and grubbing and disposal of trees, brush, structures, and debris.

F. A blasting plan for the proposed permit area explaining how the application will comply with the requirements of COMAR 26.20.22. The plan shall include the following:

(1) Types and approximate amounts of explosives to be used for each type of blasting operation to be conducted;

(2) Description of procedures and plans for recording and retention of information on the following during blasting:

(a) Drilling patterns, including size, number, depths, and spacing of holes;

(b) Charge and packing of holes;

(c) Types of fuses and detonation controls; and

(d) Sequence and timing of firing holes;

(3) Description of blasting warning and site access control equipment and procedures;

(4) Description of types, capabilities, sensitivities, and location of use of any blast monitoring equipment and procedures proposed to be used;

(5) Description of plans for accomplishing and reporting to the Bureau the results of pre-blasting surveys, if required; and

(6) Description of unavoidable hazardous conditions for which deviations from the blasting schedule will be needed;

(7) Information setting forth the limitations the operator shall meet with regard to ground vibration and air blast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of the blasting operations; and

(8) If blasting operations are anticipated within 1,000 feet of a building used as a dwelling, public building, school, church, or community or institutional building outside the permit area, or 500 feet of an active or abandoned underground mine, a blast design shall be submitted as part of the blasting plan, which contains sketches of the drill patterns, delay periods, and decking and shall indicate the amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable air blast, fly rock, and ground vibration standards in COMAR 26.20.22.06 a H, I, and J. The blast shall be prepared, designed, and signed by a certified blaster.

G. An air pollution control plan which includes the following:

(1) A plan for fugitive dust control practices; and

(2) An air quality monitoring program, if required by the Bureau, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices to comply with applicable federal and State air quality standards.

H. A protection and enhancement plan consistent with the requirements of COMAR 26.20.23.02 a for fish and wildlife and related environmental values, which describes how, to the extent possible using the best technology currently available, disturbances and adverse impacts on fish and wildlife and related environmental values identified under Regulation .09B(3) of this chapter will be minimized, including compliance with the Endangered Species Act. The plan shall describe:

(1) Protective measures to be used during the active mining phases of operation such as the:

(a) Establishment of buffer zones;

(b) Selective location and special design of haul roads and power lines; and

(c) Monitoring of surface water quality and quantity;

(2) Enhancement measures to be used during the reclamation and postmining phase of operation, to develop aquatic and terrestrial habitat such as:

(a) Restoration of streams and other wetlands;

(b) Retention of ponds and impoundments;

(c) Establishment of vegetation for wildlife food and cover; and

(d) The placement of perches and nest boxes.

I. When enhancement measures are not practicable under §H(2) of this regulation, a statement explaining why shall be provided by the applicant as part of the plan required by §H of this regulation.

J. Upon request, a copy of resource information provided under Regulation .09B(3) of this chapter and the protection and enhancement plan shall be provided by the Bureau to the U.S. Department of Interior, Fish and Wildlife Service regional or field office for review within 10 days of receipt of the request from the Service.

K. Maps and plans of the proposed permit and adjacent areas showing the:

(1) Lands proposed to be affected throughout the operation and any change in a facility or feature, shown under Regulations .10 and .11 of this chapter, to be caused by the proposed operations;

(2) Area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation.

L. Maps and plans of the proposed permit area showing:

(1) Buildings, utility corridors, and facilities to be used;

(2) Each area of land for which a performance bond or other equivalent guarantee will be posted;

(3) Each coal storage, cleaning, and loading area;

(4) Each topsoil, spoil, coal waste, and non-coal waste storage area;

(5) The method of operation, indicating the extent and sequence of the cuts, and the maximum lineal feet of highwall to be open at one time;

(6) Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;

(7) Each air pollution collection and control facility;

(8) Each source of waste and each waste disposal facility relating to coal processing or pollution control;

(9) Each facility to be used to protect and enhance fish and wildlife and related environmental values;

(10) Each explosive storage and handling facility; and

(11) Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, and fill area for the disposal of excess spoil.

M. Except as provided in COMAR 26.20.26.01 a B, maps, plans, and cross sections required under §§K and L of this regulation shall be prepared by, or under the direction of and certified by, a qualified registered professional engineer or professional geologist.

N. A hydrologic reclamation plan, with appropriate maps and cross sections for the measures to be taken during mining and reclamation through bond release to:

(1) Minimize disturbance to the hydrologic balance within the permit and adjacent areas;

(2) Prevent material damage outside the permit area;

(3) Meet applicable State and federal water quality laws and regulations; and

(4) Protect or replace the rights of present water users.

O. A plan for the control and treatment, if necessary to meet applicable State and federal laws and regulations, of surface and ground water drainage into, through, and out of the permit area during the life of the permit to:

(1) Avoid acid or toxic drainage; and

(2) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow.

P. A plan which specifically addresses any potential adverse hydrologic consequences identified in the probable hydrologic consequences determination prepared under Regulation .08 of this chapter and which includes preventive and remedial measures.

Q. A plan for the restoration of the approximate recharge capacity of the permit area.

R. A plan for monitoring ground water based on the probable hydrologic consequences determination required under Regulation .08 of this chapter, and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations, and describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

S. A plan for monitoring surface water based upon the probable hydrologic consequences determination required under Regulation .08 of this chapter, and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations, and describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

T. A detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including:

(1) The landowner's plan for use of the land according to one or more of the categories in Regulation .09B(8);

(2) A discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses;

(3) The relationship of the proposed use to existing land use policies and plans;

(4) An explanation of:

(a) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;;

(b) If grazing is the proposed postmining use, the detailed management plans to be implemented;

(c) If a land use different from the pre-mining land use is proposed, all materials needed for approval of the alternative use;

(d) The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable State and local land use plans and programs;

(5) A copy of the comments concerning the proposed postmining land use by the:

(a) Legal or equitable owner of record of the surface of the proposed permit area; and

(b) State and local government agencies which would have to indicate, implement, approve, or authorize the proposed use of the land following reclamation.

U. A general plan for each proposed siltation structure, sedimentation pond, water impoundment, and coal processing waste bank, dam, or embankment within the proposed mine plan area, which:

(1) Is prepared by, or under the direction of, and certified by a qualified registered professional engineer;

(2) Contains a description, contour map, plan view, and cross section of the structure;

(3) Contains hydrologic and geologic information required to assess the hydrologic impact of the structure; and

(4) Contains a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

V. Design Plan.

(1) A detailed design plan for each proposed siltation structure, sedimentation pond, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area, which:

(a) Is designed in compliance with the requirements of COMAR 26.20.21.06 a and 26.20.21.08 a;

(b) Is prepared by, or under the direction of, and certified by a qualified registered professional engineer;

(c) Includes any geotechnical investigation, design, and construction requirements for the structure;

(d) Describes the operation and maintenance requirements for each structure; and

(e) Describes the timetable and plans to remove each structure, if appropriate.

(2) Coal Processing Waste Dam and Embankment Plan.

(a) Each coal processing waste dam and embankment plan shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material.

(b) The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

(i) The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

(ii) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

(iii) All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan;

(iv) The possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material shall be considered.

(3) If a sedimentation pond, water impoundment, or coal processing waste dam, or siltation structure meets the Class (b) or (c) criteria for dams in the USDA, Soil Conservation Service Technical Release No. 60, (October 1985), as incorporated by reference in COMAR 26.20.21.01 a -1 or meets the size or other criteria of 30 CFR § 77.216(a), the plan shall contain a stability analysis of each structure. The stability analysis shall include but not be limited to strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

W. A description of the measures to be used to comply with the requirements for surface mining activities within 500 feet of an underground mine, if applicable.

X. Descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed.

Y. Descriptions of measures to be used to:

(1) Minimize or prevent potential adverse impacts on any public parks, forests or wildlife management areas, or historic places that may be adversely affected by the proposed operations; and

(2) Obtain approval of the Bureau and the agencies with jurisdiction over these parks or places.

Z. Descriptions with appropriate maps and cross sections of the measures to be used to ensure that the interests of the public and landowners affected are protected if the applicant seeks to have the Bureau approve conducting the proposed surface mining activities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way, or relocating a public road.

AA. Descriptions of Excess Spoil Disposal Site.

(1) Each application shall contain descriptions, including appropriate maps and cross-section drawings, of any proposed excess spoil disposal site and design of the spoil disposal structures in accordance with COMAR 26.20.26. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(2) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the character of bedrock and any adverse geological conditions in the disposal area, a survey identifying all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the disposal site, a survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations, a technical description of the rock materials to be used in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket, and a stability analysis including but not limited to strength parameters, pore pressures and long-term seepage conditions. The data shall be accompanied by a description of all engineering design assumptions and calculations and the alternative considered in selecting the specific design specifications and methods.

(3) If rock toe buttresses or keyway cuts are required, the application shall include the number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions, and engineering specifications used to design the rock toe buttress or keyway cuts which shall be determined in accordance with §AA(2) of this regulation.

BB. A detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area, including:

(1) A map, profile, and appropriate cross sections, design drawings, and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;

(2) Drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the Bureau in accordance with COMAR 26.20.19;

(3) Drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the Bureau in accordance with COMAR 26.20.19;

(4) A description of measures to be taken to obtain approval of the Bureau for alteration or relocation of a natural drainageway;

(5) Drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the Bureau can maximize the protection of the stream in accordance with COMAR 26.20.19;

(6) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the Bureau; and

(7) A description of the plans to remove and reclaim each road that will not be retained under an approved postmining land use, and the schedule for this removal and reclamation; and

(8) Design and certification of the plans and drawings for each primary road by a qualified registered professional engineer in accordance with COMAR 26.20.19.01 a F.

CC. A description of each support facility to be constructed, used, or maintained within the proposed permit area, including plans and drawings. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with COMAR 26.20.19.08 a and .09.

Md. Code Regs. 26.20.02.13

Regulations .13 were previously codified as COMAR 08.13.09.02 a A_B and D_S, 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 26.2.01.
Regulation .13 amended effective February 5, 2001 (28:2 Md. R. 105); March 14, 2005 (32:5 Md. R. 582)
Regulation .13M amended effective July 8, 2002 (29:13 Md. R. 993)