Md. Code Regs. 26.20.09.02

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

Section 26.20.09.02 - Permits

A. Applicants for permits to mine on State-owned land shall comply with the permit application requirements of this subtitle as specified in COMAR 26.20.02 and, if applicable, COMAR 26.20.03. The Bureau of Mines shall process the application as provided by COMAR 26.20.04 except that the Bureau shall also forward a copy of the application to the agency responsible for management of the area to be affected by mining. The copy of the application that is sent to the management agency shall be instead of any notification that would otherwise be sent to that agency under COMAR 26.20.04. The management agency shall evaluate the application and prepare an analysis of the impact of the proposed mining on the current and future use of the area and on State policies and objectives applicable to the area. The management agency shall forward its recommendations to the Bureau.

B. Any permit for open-pit mining on State-owned land is subject to the approval of the Board of Public Works.

C. Permits may not be issued for open-pit mining in conjunction with the reclamation of abandoned open-pit mines unless:

(1) The disturbed area of the abandoned open-pit mine is at least 2 acres; and

(2) One or more of the following conditions exist which will be wholly or partially corrected by the proposed mining:

(a) Active soil erosion,

(b) Water pollution,

(c) Highwalls more than 10 feet high, or

(d) Potential landslide areas.

D. Permits may not be issued for open-pit mining in conjunction with the reclamation of an abandoned deep mine unless one or more of the following conditions exist which will be wholly or partially corrected by the proposed mining:

(1) Gob piles or spoil materials in excess of 1 acre;

(2) Subsidence damage;

(3) Water pollution; or

(4) Underground fire.

Md. Code Regs. 26.20.09.02

Regulations .02 were previously codified as COMAR 08.13.09.09 a A; B, C, D, F; and E, G, H, 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.