1. A. A permit application shall include geologic information for the permit and adjacent area in sufficient detail to assist in determining the probable hydrologic consequences of the proposed operation, the existence of potentially acid-forming or toxic-forming strata, whether reclamation can be accomplished, and whether the operation has been designed to prevent material damage to the hydrologic balance outside the permit area, including:

   1. (1) A description of the structural geology, stratigraphy, and parameters which influence site reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface or ground water, based on:

      1. (a) The cross sections, maps, and plans required by Regulation .11 of this chapter,
      2. (b) The information obtained under §A(2) and (5) of this regulation, and
      3. (c) Geological literature and practices;

   2. (2) Analyses of samples collected from test borings, drill cores, or fresh, unweathered, uncontaminated samples from rock outcrops from the permit area, down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest seam to be mined which may be adversely impacted by mining, which identify:

      1. (a) Those strata that may contain acid-forming or toxic-forming or alkalinity-producing materials, except that the Bureau may find the analysis for alkalinity-producing materials is unnecessary, and
      2. (b) The chemical analyses of the coal seam for acid-forming or toxic-forming materials, total sulfur, and pyritic sulfur, except that the Bureau may find that the analysis of pyritic sulfur content is unnecessary;
   3. (3) Logs showing lithologic characteristics, including physical properties and thickness of each stratum;
   4. (4) The location of ground water where occurring; and
   5. (5) The collection, analysis, and description of any additional geologic information determined by the Bureau to be necessary to protect the hydrologic balance or to meet the performance standards of this subtitle.
2. B. An applicant may request the Bureau to waive in whole or in part the requirements of §A(2)—(4) of this regulation. The waiver may be granted if the Bureau finds in writing that the collection and analysis of the data is unnecessary or because other equivalent information is available to the Bureau in a satisfactory form.

Authority: Environment Article, §§15-503 and 15-603, Annotated Code of Maryland

Effective date:

Regulations .01 and .02—.17 were previously codified as COMAR 08.13.09.02A—B and D—S, 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 .18 adopted effective February 13, 1995 (22:3 Md. R. 151)

Chapter recodified from COMAR 08.20.02 to COMAR 26.20.02, June 1996

Regulation .01C and D adopted effective July 8, 2002 (29:13 Md. R. 993)

Regulation .13 amended effective February 5, 2001 (28:2 Md. R. 105); March 14, 2005 (32:5 Md. R. 582)

Regulation .13M amended effective July 8, 2002 (29:13 Md. R. 993)

Regulation .15 amended effective March 14, 2005 (32:5 Md. R. 581)

Regulation .16 amended effective March 14, 2005 (32:5 Md. R. 581)