Md. Code Regs. 26.21.01.20
Current through Register Vol. 51, No. 22, November 1, 2024
Section 26.21.01.20 - ImpoundmentsA. Impoundments, including wash plant impoundments within surface mining permit limits, shall be permitted in accordance with Environment Article, § 5-503, Annotated Code of Maryland, and COMAR 26.17.05, or approved by the appropriate soil conservation districts as appropriate according to the size of the impoundment.B. If surface water or ground water is appropriated or used for purposes of the mining operation, the permittee shall comply with Environment Article, § 5-502, Annotated Code of Maryland, and COMAR 26.17.04.C. Any change in course, current, or cross-section of a stream shall be performed in accordance with Environment Article, § 5-503, Annotated Code of Maryland, and COMAR 26.17.05.D. A post-mining impoundment shall have a minimum water depth of 5 feet or more in at least 25 percent of its detention area, unless otherwise approved by the Department.E. The Department may require that an impoundment having a depth greater than 5 feet be constructed with safety devices, including the following: (1) Vegetative or structural fencing barriers;F. Approval of pond construction pursuant to Environment Article, § 5-503, Annotated Code of Maryland, does not create an exemption to any requirement otherwise applicable under these regulations or the Act.G. If other permits such as those listed in §§A-C of this regulation are required, the Department shall assist the permittee by supplying the proper application forms and the name and telephone number of the person to contact.Md. Code Regs. 26.21.01.20