Md. Code Regs. 26.20.05.01

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.05.01 - Required Written Findings

A permit application or application for a significant revision of a permit may not be approved unless the application affirmatively demonstrates and the Bureau finds, in writing, on the basis of information set forth in the application, or information otherwise available and documented in the approval under COMAR 26.20.04.11 a A, the following:

A. The permit application is complete and accurate and the applicant has complied with all requirements of the Regulatory Program;

B. The applicant has demonstrated that reclamation operations as required by the Regulatory Program can be feasibly accomplished under the reclamation plan contained in the application;

C. The Bureau has made an assessment of the probable cumulative impacts of all anticipated coal mining in the cumulative impact area on the hydrologic balance and has determined that the operations proposed under the application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area;

D. The proposed permit area is:

(1) Not included within an area designated unsuitable, or an area where surface coal mining is prohibited under the federal or State Regulatory Program,

(2) Not within an area under study for designation as unsuitable for surface coal mining operations, in an administrative proceeding that has been initiated under COMAR 26.20.11, unless the applicant demonstrates that, before January 4, 1977, substantial legal and financial commitments were made in relation to the proposed operation, and

(3) Not within an area where surface coal mining is limited under COMAR 26.20.10 unless prerequisites for Bureau approval have been satisfied;

E. The proposed operations will not adversely affect any publicly owned parks, or places included in the National Register of Historic Places, unless approved by the appropriate jurisdictional agency;

F. The applicant has demonstrated that any existing structure will comply with the requirements of COMAR 26.20.17;

G. The applicant has submitted documentation establishing a legal right to enter and conduct the proposed surface mining activities;

H. The applicant has paid all federal and State reclamation fees;

I. The applicant has satisfied the applicable requirements of COMAR 26.20.03;

J. The applicant has, if applicable, satisfied the requirements for approval of a long-term intensive agricultural postmining land use, in accordance with COMAR 26.20.29.01 a D; and

K. The activities would not affect the continued existence of endangered or threatened species, or result in the destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act.

Md. Code Regs. 26.20.05.01

Regulations .01 were previously codified as COMAR 08.13.09.05 a A, B, C, and D_F, 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.
Regulation .01 amended effective March 14, 1994 (21:5 Md. R. 403)
Regulation .01 amended effective May 8, 2006 (33:9 Md. R. 797)