Md. Code Regs. 26.21.01.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.01.04 - Review of Application

The Department shall review the application for a surface mining permit (original, modification, renewal, transfer) in accordance with the following procedures:

A. Within 20 working days of receipt of an application, accompanying documents, and the appropriate fees, the Department shall review the application to determine whether it contains all information required by Regulation .03C and D of this chapter;

B. If the required information is not included, the Department shall advise the applicant with written or oral notification;

C. Upon receipt of all required information, the Department shall arrange a date and time with the applicant for a site investigation;

D. As a result of the site investigation, the Department shall:

(1) Determine the accuracy of the submitted drawings required by Environment Article, § 15-822(b) -(d), Annotated Code of Maryland, and Regulation .03D of this chapter;

(2) Determine the acceptability of the proposed mining and reclamation methods;

(3) Determine the potential impacts that the mining activity will have on the environment and public safety; and

(4) Assist the applicant in determining whether other State approvals and permits are required;

E. The Department shall enter a written field report of the site inspection into the applicant's file containing at a minimum the following:

(1) A description of the site and the surrounding area, including the geology, physiography, land use, and proximity and location of dwellings;

(2) A description of the proposed mining method, including the beginning and end point of mining, the mining sequence, the depth of the mining, the mining schedule, and stockpile storage areas;

(3) A description of the proposed reclamation method, including final grades, topsoil restoration, type and amount of revegetation, final impoundments, and haul road reclamation;

(4) A description of any requirements set forth in permits and approvals that have been issued by State, county, and local agencies;

(5) A description of the potential impacts that the mining activity will have on the environment and public safety; and

(6) A list of additional required information needed to complete the application;

F. The Department shall determine the area of maximum disturbance, in part, based upon the following factors:

(1) Type of mineral to be excavated;

(2) Location of mineral to be excavated;

(3) Depth of mineral to be excavated;

(4) Potential impacts upon the environment and public safety;

(5) Estimated annual production;

(6) Proposed mining method;

(7) Proposed date of termination of mining;

(8) Proposed reclamation method;

(9) Size and location of stockpile areas;

(10) Size and location of haul roads;

(11) Size and location of erosion and sediment controls; and

(12) Size and location of storage areas;

G. After the completion of the site visit and the review of the factors set forth in §§D-F of this regulation, the Department may require additional information from the applicant under the following procedures:

(1) The Department shall mail within 30 days to the applicant a list of required additional information;

(2) The applicant shall submit the additional information within 40 working days after receipt of the Department's list, or submit acceptable justification as to why the Department should not terminate its review of the application;

(3) If the information is not submitted within 40 days, or the justification for an extension is deemed insufficient, the Department shall return the permit application to the applicant with a notice that the Department's review has terminated;

(4) Upon receipt of the additional information the Department shall notify the applicant within 30 working days whether the application is complete;

H. Not later than 30 days after the Department determines that the application is complete, the Department shall notify the applicant by certified mail, as required by Environment Article, § 15-810, Annotated Code of Maryland, of the Department's decision to issue or deny the permit;

I. If the Department's decision is to issue the permit, the letter shall advise the applicant of the amount of the performance bond as required by Environment Article, § 15-823, Annotated Code of Maryland, and the expiration date of the permit;

J. If the Department's decision is to deny the permit, the letter shall state the reasons for denial, any modifications necessary for acceptance of the application, and the appeal right afforded by Environment Article, § 15-810(d), Annotated Code of Maryland;

K. The Department may deny an application for any permit if:

(1) The information necessary for acceptance of the application was not submitted in accordance with §G of this regulation;

(2) The decision to issue or deny an application has been deferred at the applicant's request for more than 12 months; or

(3) Any of the reasons for denial listed in Environment Article, § 15-810(b), 15-815(f), 15-816(a), 15-819(d), or 15-821(d), Annotated Code of Maryland, apply;

L. Upon receipt of an acceptable performance bond the Department shall issue the permit stating the effective date, the expiration date, and all conditions for compliance with the Act and this chapter;

M. The Department shall process the permit application concurrently with any local or county land use and zoning reviews.

Md. Code Regs. 26.21.01.04