Md. Code Regs. 26.20.29.01

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

Section 26.20.29.01 - General Requirements

A. Except for water areas and surface areas of roads that are approved as part of the postmining land use, the permittee shall establish a vegetative cover on regraded areas and on all other disturbed areas to stabilize the soil, minimize damage from sediment and runoff to downstream areas, and establish a permanent vegetative cover compatible with the approved postmining land use, that is in accordance with the approved permit and reclamation plan and that is:

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species when desirable and necessary to achieve the approved postmining land use and approved by the Bureau;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of quickly stabilizing the soil surface from erosion.

B. The reestablished vegetative cover shall:

(1) Be compatible with the approved postmining land use;

(2) Have the same seasonal characteristics of growth as the original vegetation;

(3) Be capable of self-regeneration and plant succession;

(4) Be compatible with the plant and animal species of the area; and

(5) Meet the requirements of applicable State and federal seed, poisonous and noxious plant, and introduced species laws and regulations.

C. The Bureau may grant exception to the requirements of §B(2) and (3) of this regulation when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

D. When a cropland postmining land use is approved, the Bureau may grant a waiver to the requirements of §A(1) and (3) and B(2) and (3) of this regulation.

E. The person who conducts surface mining activities shall perform proper management practices including but not limited to the maintenance of any necessary fences, and periodic measurements of water, vegetation, and soils, as directed by the Bureau, to identify conditions during the period of liability.

Md. Code Regs. 26.20.29.01

Regulations .01 were previously codified as COMAR 08.13.09.35 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.