Md. Code Regs. 26.20.11.03

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

Section 26.20.11.03 - Petition Information

A. The Bureau shall determine what information shall be provided by the petitioner to:

(1) Have an area designated as unsuitable for surface coal mining operations; or

(2) Terminate an existing designation.

B. At a minimum, a complete petition for designation shall include:

(1) The petitioner's name, address, telephone number, and notarized signature;

(2) Identification of the petitioned areas, including the area's location and size, and a U.S. Geological Survey 7.5 minute topographic map outlining the perimeter of the petitioned area;

(3) An identification of the petitioner's interest which is or may be adversely affected by surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of Regulation .02 of this chapter;

(4) A description of how mining of the area has affected or may adversely affect people, land, air, water, or other resources, including the petitioner's interests; and

(5) Allegations of fact and supporting evidence, covering all lands in the petition area, which establish that the area is unsuitable for all or certain types of surface coal mining operations under specific criteria of Regulation .04 of this chapter, assuming that contemporary mining practices required under the Regulatory Program would be followed if the area were to be mined.

C. Each of the allegations of fact under §B of this regulation should be specific as to the portion of the petitioned area and petitioner's interests to which the allegation applies, and be supported by evidence that tends to establish the validity of the allegations for the portion of the petitioned areas.

D. The Bureau may request that the petitioner provide other supplementary information which is readily available.

E. At a minimum, a complete petition for termination shall include:

(1) The petitioner's name, address, telephone number, and notarized signature;

(2) Identification of the petitioned area, including its location and size, and a U.S. Geological Survey 7.5 minute topographic map outlining the perimeter of the petitioned area to which the termination petition applies;

(3) An identification of the petitioner's interest which is or may be adversely affected by the designation that the area is unsuitable for surface coal mining operations including a statement demonstrating how the petitioner satisfies the requirements of Regulation .02 of this chapter; and

(4) Allegations of facts covering all lands for which the termination is proposed.

F. Each of the allegations of fact under §E(4) of this regulation shall be specific as to the portions of the petitioned area and petitioner's interests to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the portion of the petitioned area. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence shall be presented in the petition. Allegations and supporting evidence should also be specific to the basis for which the designation was made and tend to establish that the designation should be terminated.

G. The Bureau may request that the petitioners provide other supplementary information which is readily available.

Md. Code Regs. 26.20.11.03

Regulations .03 were previously codified as COMAR 08.13.09.11 a A_J, 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.