Md. Code Regs. 26.20.08.04

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

Section 26.20.08.04 - Prospecting Operation Requirements

A. The following requirements shall apply to all prospecting operations:

(1) A maximum of 200 tons of coal may be removed from any prospecting area;

(2) Each prospect pit opening may not be more than 1 acre in size and shall be backfilled, seeded, and mulched within 30 days after it is opened;

(3) A maximum of 10 acres may be affected under a notice of intent to prospect or prospecting approval; and

(4) A notice of intent to prospect or prospecting approval shall be valid for 1 year from its date of filing or issue.

B. Prospecting Performance Standards.

(1) Habitats of unique value for fish, wildlife, and other related environmental values shall be identified in the notice of intent to prospect and protected during the prospecting activities, in accordance with COMAR 26.20.23.02 a.

(2) Roads.

(a) Vehicle travel on other than established graded and surfaced roads shall be limited by the person who conducts prospecting to that absolutely necessary to conduct the prospecting. Travel shall be confined to graded and surfaced roads during periods when excessive damage to vegetation or rutting of the land surface could result.

(b) All roads shall be used, improved, or constructed in a manner which does not contribute additional suspended solids to stream flow or runoff and prevents damage to private or public property. If possible, existing roads should be used for prospecting.

(c) Promptly after prospecting activities are completed, all roads constructed during prospecting shall be reclaimed by regrading to the approximate original contour, and seeded and mulched, or to a condition equal to or better than their pre-prospecting condition. If a road is to remain after prospecting activities, the construction, maintenance, and stabilization of the road shall comply with the provisions of COMAR 26.20.19.

(3) Blasting is prohibited on prospecting operations unless specifically approved by the Bureau. All blasting shall be conducted in accordance with COMAR 26.20.22.

(4) All areas disturbed during a prospecting operation shall be returned to the approximate original contour promptly after these areas are no longer needed for prospecting.

(5) Toxic-forming or acid-forming materials shall be handled and disposed of in accordance with the Regulatory Program.

(6) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation as required by the Bureau in accordance with the Regulatory Program.

(7) Revegetation of areas disturbed by prospecting shall be performed by the person who conducts the prospecting, or by that person's agent, in accordance with the revegetation standards of the Regulatory Program.

(8) Except for small and temporary diversions of overland flow of water around new roads, drill pads, and support facilities, an ephemeral, intermittent, or perennial stream may not be diverted during coal prospecting activities. Overland flow of water shall be diverted in a manner that:

(a) Prevents erosion;

(b) Prevents, to the extent possible and using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the prospecting area; and

(c) Complies with all other applicable State or federal requirements.

(9) Each prospecting hole, borehole, well, or other exposed underground opening created during prospecting shall meet the requirements of the Regulatory Program.

(10) All facilities and equipment shall be removed from the prospecting area promptly when they are no longer needed, except for those facilities and equipment that the Bureau determines may remain to:

(a) Provide additional environmental quality data;

(b) Reduce or control the on-site and off-site effects of the prospecting activities; or

(c) Facilitate future surface mining and reclamation operations by the person conducting the prospecting under an approved open-pit mining permit.

(11) Prospecting shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance and may include sediment control measures such as those required in the Regulatory Program.

Md. Code Regs. 26.20.08.04

Regulations .04 were previously codified as COMAR 08.13.09.07 a A and B, C_E, and F_I, 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.