Md. Code Regs. 26.20.24.01

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

Section 26.20.24.01 - Auger Mining

A. Any auger mining associated with surface mining activities shall be conducted to maximize recoverability of mineral reserves remaining after the mining activities are completed. The permittee shall leave areas of undisturbed coal as approved by the Bureau, to provide access for removal of those reserves by future underground mining activities, unless the Bureau determines that the coal reserves have been depleted or are limited in thickness or extent to the point that it will not be practicable to recover the remaining coal reserves. The Bureau shall make the determination upon presentation of appropriate technical evidence by the permittee.

B. An auger hole may not extend closer than 500 feet in horizontal distance to any abandoned or active underground mine workings, except as approved in accordance with Regulation .07 of this chapter.

C. Each auger hole shall be plugged by backfilling and compacting noncombustible and impervious material into the hole, as follows:

(1) Each auger hole discharging water containing toxic-forming or acid-forming material shall be plugged within 72 hours after completion, or the discharge shall be treated to meet applicable effluent limitations and water quality standards until the hole is properly sealed; and

(2) Each auger hole not discharging water shall be sealed to close the opening within 30 days following completion.

D. An auger hole need not be plugged, if the Bureau finds that:

(1) Impoundment of the water which would result from plugging the hole may create a hazard to the environmental or public health or safety; and

(2) Drainage from the auger hole will not pose a threat of pollution to surface water.

E. The Bureau shall prohibit auger mining, if it determines that:

(1) Adverse water quality impacts cannot be prevented or corrected;

(2) Fill stability cannot be achieved;

(3) The prohibition is necessary to maximize the utilization, recoverability, or conservation of the solid fuel resources; or

(4) Subsidence resulting from auger mining may disturb or damage powerlines, pipelines, buildings, or other facilities.

F. The permittee shall adopt:

(1) Measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, and maintain the value and reasonably foreseeable use of surface lands; or

(2) Mining technology which provides for planned subsidence in a predictable and controlled manner.

G. The permittee shall:

(1) Correct any material damage resulting from subsidence caused to surface lands, to the extent technologically and economically feasible, by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence; and

(2) Correct material damage resulting from subsidence caused to any structures or facilities by repairing the damage or compensate the owner of the structures or facilities in the full amount of the diminution in value resulting from the subsidence.

H. Repair of damage under §G(2) of this regulation includes rehabilitation, restoration, or replacement of damaged structures or facilities.

I. Compensation under §G(2) of this regulation may be accomplished by the purchase before mining of a noncancellable premium-prepaid insurance policy.

Md. Code Regs. 26.20.24.01

Regulations .01 were previously codified as COMAR 08.13.09.28 a A_G, 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.