Md. Code Regs. 26.20.13.07

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

Section 26.20.13.07 - Subsidence Control: General Requirements

A. Underground mining activities shall be planned and conducted so as to prevent subsidence from causing material damage to the extent technologically and economically feasible, and so as to maintain the value and reasonably foreseeable use of surface lands. This may be accomplished by leaving adequate coal in place, backfilling, or other measures to support the surface, or by conducting underground mining in a manner that provides for planned and controlled subsidence.

B. Except as provided in §C of this regulation, underground mining activities that employ mining technology that provides for planned subsidence in a predictable and controller manner shall utilize necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to all structures.

C. Measures required to minimize material damage to structures under §B of this regulation are not required if:

(1) The permittee has the written consent of the owners of the structures; or

(2) The cost of the measures exceeds the anticipated costs of repair, unless the anticipated damage would constitute a threat to health or safety.

D. Nothing in this regulation prohibits the standard method of room-and-pillar mining.

E. The person engaged in underground mining activities shall comply with all provisions of the approved subsidence control plan prepared in accordance with COMAR 26.20.02.16 a.

F. Presubsidence Surveys of Water Supplies.

(1) Each application for a permit shall contain a survey of the condition of the quantity and quality of all water supplies within the permit area and adjacent area that could be contaminated, diminished, or interrupted by subsidence.

(2) The applicant or permittee shall pay for any survey, technical assessment, or engineering evaluation used to determine the quantity and quality of any water supplies. A copy of the survey and any technical assessment or engineering evaluation shall be provided to the property owner and the Bureau.

Md. Code Regs. 26.20.13.07

Regulations .07 were previously codified as COMAR 08.13.09.13 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.
Regulation .07 amended effective March 14, 2005 (32:5 Md. R. 581)