Md. Code Regs. 26.20.03.05

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

Section 26.20.03.05 - Prime Farmlands

A. This regulation applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmland historically used for cropland. Nothing in this regulation applies to any permit issued before August 3, 1977, or to any revisions or renewals of it, or to any existing surface mining operations for which a permit was issued before August 3, 1977.

B. All permit applications shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The Bureau in consultation with the U.S. Soil Conservation Service shall determine the nature and extent of the reconnaissance inspection.

C. If the reconnaissance inspection establishes that land not within the proposed permit area may be prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.

D. If the reconnaissance inspection indicates that land within the proposed permit area may be prime farmland historically used for cropland, the applicant shall determine if a soil survey exists for those lands and whether soil mapping units in the proposed permit area have been designated as prime farmland.

E. If a soil survey does not exist, the applicant shall have a soil survey made of the lands within the proposed permit area which the reconnaissance inspection indicates could be prime farmland. Soil surveys of the detail used by the U.S. Soil Conservation Service for operational conservation planning shall be used to identify and locate prime farmland.

F. If the soil survey indicates that prime farmland soils are:

(1) Not present within the proposed permit area, §C of this regulation shall apply; or

(2) Present within the proposed permit area, §E of this regulation shall apply.

G. If land within the proposed permit area is identified as prime farmland, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum:

(1) A soil survey of all prime farmland within the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in the U.S. Department of Agriculture (USDA) Handbook 436 (Soil Taxonomy, 1975), as amended on March 22, 1982 and October 5, 1982 and Handbook 18 (Soil Survey Manual, 1951, as amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981, and November 16, 1982). The U.S. Soil Conservation Service establishes the standards of the National Cooperative Soil Survey and maintains a National Soils Handbook which gives current acceptable procedures for conducting soil surveys. This National Soils Handbook is available for review at area and State SCS offices.

Editor's Note: The National Soils Handbook, which is incorporated by reference, can be found in State Soil Conservation Service offices located in each of the 23 counties of Maryland.

(2) The soil survey shall include a map unit and representative soil profile description for each prime farmland soil within the permit area, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative descriptions from the locality, prepared in conjunction with the National Cooperative Soil Survey, may be used if their use is approved by the Bureau.

(3) The regulatory authority may request the operator to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of COMAR 26.20.24.02 a.

(4) The proposed method and type of equipment to be used for removal, storage, and replacement of the soil.

(5) Identification of the procedures to be used to avoid excessive compaction during replacement of the soil.

(6) The location of areas to be used for the separate stockpiling of the soil, and plans for soil stabilization before redistribution.

(7) If applicable, documentation, such as agricultural school studies or other scientific data from comparable areas, that supports the use of other suitable material, instead of the "A", "B", or "C" soil horizon, to obtain equivalent or higher levels of yield on the restored area as on non-mined prime farmlands in the surrounding area under equivalent levels of management.

(8) The conservation practices to be used, to adequately control erosion and sedimentation and restoration of an adequate soil moisture regime, during the period from completion of regrading until release of the performance bond. Proper adjustments for seasons shall be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions.

(9) Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining.

(10) Current estimated yields under a high level of management for each soil map unit from the USDA for each crop to be used in determining success of revegetation. These yield estimates shall be used by the Bureau as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Bureau in consultation with the USDA before approval of the permit application. In all cases, soil productivity for prime farmland shall be returned to equivalent levels of yield as non-mined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to §G(1) and (2) of this regulation.

H. Before any permit is issued for areas that include prime farmlands, the Bureau shall consult with the USDA, which shall provide for review and comment of the proposed methods of soil reconstruction in the plan submitted under §G of this regulation. If the USDA considers those methods to be inadequate, it shall suggest revisions resulting in more complete and adequate reconstruction. USDA responsibilities under this section are assigned to the Administrator of the U.S. Soil Conservation Service.

I. A permit for the mining and reclamation of prime farmland will not be granted by the Bureau, unless it first finds the following, in writing, upon the basis of a complete application:

(1) The approved proposed postmining land use of these prime farmlands will be cropland;

(2) The permit incorporates, as specific conditions, the contents of the plan submitted under §G of this regulation, after consideration of any revisions to that plan suggested under §H of this regulation by the USDA;

(3) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(4) The proposed operations will be conducted in compliance with the requirements of COMAR 26.20.24.02 a for operations on prime farmland, and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the Regulatory Program;

(5) The aggregate total prime farmland acreage may not be decreased from that which existed prior to mining;

(6) Water bodies, if any, to be constructed during mining and reclamation operations shall be located within the postreclamation nonprime farmland portions of the permit area; and

(7) The creation of any such water bodies shall be approved by the Bureau and the consent of all affected property owners within the permit area shall be obtained.

Md. Code Regs. 26.20.03.05

Regulations .05 were previously codified as COMAR 08.13.09.03 a Introduction and A_I, 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 .05I amended effective July 8, 2002 (29:13 Md. R. 993)