Md. Code Regs. 26.20.30.01

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

Section 26.20.30.01 - General

A. All affected areas shall be restored in a timely manner to:

(1) Conditions that are capable of supporting the uses which they were capable of supporting before any mining; or

(2) Equal or better uses achievable under criteria and procedures of this chapter.

B. Pre-Mining Uses.

(1) The pre-mining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed.

(2) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the best use that can be achieved and which is compatible with surrounding areas.

(3) The postmining land use for land that has received improper management shall be judged on the basis of the pre-mining use of surrounding lands.

(4) If the pre-mining use of the land was changed within 5 years of the beginning of mining, the comparison of postmining use to pre-mining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.

C. The permit area shall be restored, in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining, or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved by the Bureau after consultation with the landowner or the land management agency having jurisdiction over the lands or as submitted in the mining plans, if the following criteria are met:

(1) The proposed postmining land use is compatible with adjacent land use and, where applicable, with existing local, State, or federal land use policies and plans. Any required approval, including any necessary zoning or other changes required for land use by local, State, or federal land management agencies, is obtained and remains valid throughout the surface mining activities.

(2) Specific plans are prepared and submitted to the Bureau which show the feasibility of the postmining land use as related to projected land use trends and markets and that include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and will be sustained. The Bureau may require appropriate demonstrations to show that the planned procedures are feasible, reasonable, and integrated with mining and reclamation, and that the plans will result in successful reclamation.

(3) There is a reasonable likelihood that any necessary public facilities will be developed.

(4) Specific and feasible plans are submitted to the Bureau which show that financing, attainment, and maintenance of the postmining land use are feasible and reasonably likely to occur.

(5) Plans for the postmining land use are designed under the general supervision of a registered professional engineer, or other appropriate professional, who will ensure that the plans conform to applicable accepted standards for adequate land stability, drainage, vegetative cover, and esthetic design appropriate for the postmining use of the site.

(6) The proposed use will neither present actual or probable hazard to public health or safety nor pose any actual or probable threat of water flow diminution or pollution.

(7) The use will not involve unreasonable delays in reclamation.

(8) Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife, and related environmental values and threatened or endangered plants is obtained from the Bureau. Appropriate State and federal fish and wildlife management agencies have been provided a 60-day period in which to review the plan before surface mining activities begin.

(9) Proposals to change pre-mining land uses of fish and wildlife habitat, forest land, hay land, or pasture to a postmining cropland use, where the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization, or other similar practices to be practicable or to comply with applicable federal, State, and local laws, are reviewed by the Bureau to ensure that:

(a) There is sufficient water available and committed to maintain crop production; and

(b) Topsoil quality and depth are sufficient to support the proposed use.

(10) Grazing and Harvesting. When grazing or harvesting is not the approved postmining land use, but the landowner desires to engage in these activities, a written request and plan must be submitted to the Bureau. The Bureau may approve the request, in consultation with the local soil conservation district, if the permittee agrees, and the Bureau determines that no adverse impact to revegetation success is likely to occur.

Md. Code Regs. 26.20.30.01

Regulation .01 was previously codified as COMAR 08.13.09.36 a. 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.