Md. Code Regs. 26.20.10.06

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.20.10.06 - Review of Valid Existing Rights Request

A. Upon receipt of a request for a valid existing rights determination, the Bureau shall complete an initial review to determine if the request includes all applicable requirements of Regulation .05 of this chapter. If the request does not include all of the applicable information, the Bureau shall return the request with notification of the missing information.

B. If the request is not returned to the Bureau within 30 days after receipt of the notification in §A of this regulation, the Bureau shall issue a determination that valid existing rights have not been demonstrated in accordance with Regulation .07 of this chapter.

C. When the Bureau determines that a request for a valid existing rights determination is complete, the Bureau shall:

(1) Notify the requestor, in writing, that the application is complete and require the requestor to publish the notice required by §D of this regulation; and

(2) Provide a copy of the notice required by §C(1) of this regulation to:

(a) The Bureau of Mines;

(b) All reasonably locatable owners of surface and mineral estates in the land included in the request; and

(c) The owner of the feature causing the land to come under the protection of Regulation .02 of this chapter, and when applicable, the agency with primary jurisdiction over the feature with respect to the values causing the land to come under the protection of Regulation .02 of this chapter.

D. Upon receipt of the Bureau notification that the request is complete, the requestor shall cause a notice to appear in a newspaper of general circulation in the county in which the land is located. The notice shall contain:

(1) A heading of "Notice of Request for Valid Existing Rights Determination";

(2) The name and address of the requestor;

(3) The location of the land to which the request pertains;

(4) A description of the type of surface coal mining operations planned;

(5) A reference to and brief description of the applicable standards under the definition of valid existing rights in Regulation .01B(7) of this chapter that contains the information required by §E of this regulation;

(6) A statement that the Bureau will not make a decision on the merits of the request if, by the close of the comment period of the notice, a person with a legal interest in the land initiates appropriate legal action to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other documents that form the basis of the claim for valid existing rights if the request relies upon one or more of the standards in Regulation .01B(7)(a)(ii) and (b)(i)and (ii) of this chapter;

(7) A description of the procedures the Bureau will follow in processing the request;

(8) The closing date of a comment period that is a minimum of 30 days after publication of the notice;

(9) A statement that interested persons may obtain a 30 day extension of the comment period upon written request to the Bureau; and

(10) The name and address of the Bureau office where a copy of the request is available for public inspection and where comments and requests for extension of the comment period may be sent.

E. The reference and description required by §D(5) of this regulation shall include a description of the:

(1) Property rights claimed and the basis for the claim if the request relies upon the good faith/all permits standard or the needed for and adjacent standard in Regulation .01B(7)(a)(ii) of this regulation;

(2) Basis for the claim that the road existed when the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, and that a legal right exists to use the road for surface coal mining operations if the request relies upon the standard in Regulation .01B(7)(b)(ii) of this chapter; or

(3) Basis for the claim that a properly recorded right-of-way or easement for a road in that location existed when the land came under the protection of Environment Article, § 15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, and under the document creating the right-of-way or easement, and under any subsequent conveyances a legal right exists to use or construct a road across the right-of-way or easement to conduct surface coal mining operations, if the request relies upon the standard in Regulation .01B(7)(b)(i) of this regulation.

F. The notice required by §C(2) of this regulation shall provide a 30 day comment period starting from the date of service and specify that an additional 30 days is available upon written request. The Bureau may grant additional time for good cause upon request and is not required to consider comments received after the closing date of the comment period.

Md. Code Regs. 26.20.10.06

Regulation .06 adopted effective February 12, 2007 (34:3 Md. R. 301)