Md. Code Regs. 26.20.07.02

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.07.02 - Permit Revisions

A. A revision to a permit shall be obtained:

(1) Before implementation of any changes in the surface coal mining or reclamation operations approved under the original permit, when these changes constitute a significant departure from the method of conduct of mining or reclamation operations contemplated by the original permit;

(2) In order to continue operation, after any material reduction of the performance bond or other equivalent guarantee upon which the original permit was issued; or

(3) As otherwise required under the Regulatory Program.

B. Any application for revision which proposes significant alterations in the original permit shall be:

(1) Subject to the applicable requirements of COMAR 26.20.02 and 26.20.03;

(2) Approved or disapproved by the Bureau in accordance with COMAR 26.20.04 and 26.20.05; and

(3) Submitted to the Bureau at least 150 days before the permittee desires to revise the permitted operation.

C. Any application for a revision which does not propose significant alterations in the original permit shall be:

(1) Submitted to the Bureau at least 5 days before the permittee desires to revise the permitted operation;

(2) Accompanied by such narratives, maps, cross sections, and documentation as would be required if the revision were part of a new permit application; and

(3) Approved or disapproved by the Bureau if it would have been approved or disapproved as part of a new permit application.

D. The following revisions are not considered significant alterations in the original permit:

(1) Changes in the seam of coal to be mined, with the approval of the mineral owner;

(2) Mining within 300 feet of an occupied dwelling, with the approval of the owner;

(3) Increases in the open acre limit;

(4) Decreases in the open acre limit;

(5) Decreases in the total permit acres;

(6) Relocation of haul roads or culverts and turnouts;

(7) Changes in the mining sequence or the direction or length of cuts;

(8) Relocation of topsoil stockpiles;

(9) Changes in the blasting plan, except that no changes are permitted to the hours of blasting without prior publication of the new schedule;

(10) Changes in the placement of spoil material or handling of acid-producing or toxic-producing material;

(11) Changes in the location or design of drainage control structures;

(12) Changes in the location of water treatment facilities or method of water treatment;

(13) Changes in the location, design, or number of diversion ditches;

(14) Changes in the method or sequence of regrading;

(15) Changes in the mining and reclamation equipment;

(16) Changes in the method of procedure for redistributing topsoil material;

(17) Changes in the seed bed preparation;

(18) Change in the rate of application and analysis of lime and fertilizer;

(19) Changes in the planting method, revegetation species or rate of application, and type or rate of application of mulch;

(20) Changes in the seasonal maintenance plan for revegetated areas;

(21) Incidental boundary revisions, provided the new permit area is contiguous to the original permit area and that no portion of the new area is more than 250 feet from the original area;

(22) Increase in total approved permit acres of not more than 10 acres per permit over the life of the permit.

Md. Code Regs. 26.20.07.02

Regulations .02 were previously codified as COMAR 08.13.09.08 a A_D, 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 26.20.01.