Md. Code Regs. 26.21.01.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.01.08 - Surface Mining License Exceptions

A. In determining whether certain farming, including aquaculture, construction, and processing activities are subject to this chapter, the Department shall apply the criteria set forth in §§B-F of this regulation.

B. Processing Plant.

(1) Operations engaged in processing minerals which are not subject to this chapter are as follows:

(a) Processing plants that are not contiguous to a permit area; or

(b) Processing plants that are contiguous to a permit area, but are not affected by and do not affect the permit area.

(2) A processing plant, or portions of it, is subject to the requirements of the Act and this chapter when one of the following occurs:

(a) It is constructed in the permit area after the permit has been issued;

(b) It receives drainage from the permit area;

(c) It is used in controlling sediment from the permit area; or

(d) The permittee requests that a processing plant that is adjacent to the permit area be included in the permit area.

(3) If a processing plant is included in the permit, the permittee is not relieved of the responsibility for any permits or approvals required by other State, federal, or local regulatory agencies.

C. On-Site Farming.

(1) Excavation or grading, including excavation or grading for a pond, is not subject to the requirements of this chapter if the extraction of minerals furthers a farming activity on the site, and if the excavated material is used for a noncommercial purpose on the site. The farmer shall have a soil and water conservation plan approved by the local soil conservation district.

(2) If the excavated material is not for the farmer's own noncommercial use on the site, the Department may review the following criteria to determine if the excavation is solely in aid of on-site farming:

(a) Purpose of the excavation or grading;

(b) Type and quantity of material to be excavated;

(c) Surface area and depth of the excavation;

(d) Proposed use for the excavated material;

(e) On-site handling of excavated material;

(f) How, and by whom, the excavation will be conducted;

(g) Final land use;

(h) Commercial value of the material;

(i) Access to and from the site;

(j) Soil conservation district approval;

(k) Any applicable permit; and

(l) The excavation and removal of material from the site is completed within 18 months.

D. On-Site Construction. Excavation and grading, including excavation or grading for a pond, which is done solely in aid of on-site construction, is not subject to the requirements of this chapter if all of the following conditions, whenever applicable, are met:

(1) The construction project has all of the following:

(a) A building permit;

(b) Grading permit;

(c) Zoning approval;

(d) Sediment and erosion control approval;

(e) Stormwater management approval;

(f) Other required approvals; and

(g) A bond posted with the proper regulatory authority, if required, in an amount sufficient to cover reclamation costs;

(2) No more material is removed than necessary to:

(a) Reach the final elevations specified in the permits and approvals listed in §D(1) of this regulation; or

(b) Reach elevations needed to meet load-bearing capacity requirements; and

(3) The excavation and removal of material from the site is completed within 18 months.

E. Operations Supplying Public Facilities. A mineral extraction site is not subject to this chapter if it is within one of the following categories:

(1) A borrow pit owned and operated by the State Highway Administration which is maintained in compliance with the standards of reclamation that have been approved by the Department under Environment Article, § 15-834, Annotated Code of Maryland;

(2) A borrow pit owned and operated by a county or municipal roads department that is maintained in compliance with standards of reclamation that have been adopted by the county or municipal government, either by resolution or passage of an ordinance, and have been approved by the Department; or

(3) A borrow pit operated by a person working under contract with the State Highway Administration, county roads department, or municipal corporation if the public body has:

(a) Received approval from the Department for their standards of reclamation;

(b) Passed a resolution or ordinance that formally adopts the standards of reclamation; and

(c) Given the Department specific notice of the operation of the site by a private contractor.

F. One-Acre Sites.

(1) A mined mineral extraction site is not subject to the requirements of this chapter if the affected lands at the site do not exceed 1 acre.

(2) Any tract of land will be allowed only one mineral extraction site that does not exceed 1 acre.

(3) The 1-acre site shall be clearly marked by stakes.

Md. Code Regs. 26.21.01.08