Sec. 26.20.10.01-1. Demonstration Standards

A. In order to meet the needed for and immediately adjacent standard in Regulation .01B(7)(a)(ii) of this regulation, a person shall demonstrate that prohibiting expansion of the surface coal mining operation onto land under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, would unfairly impact the viability of the operation as originally planned before the land came under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, when the Bureau approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made.

B. In evaluating whether a person meets the standard in §A of this regulation, the Bureau may consider factors such as:

(1) The extent to which the coal supply contracts or other legal and business commitments that predate the time the land came under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, depend upon use of that land for surface coal mining operations;

(2) The extent to which plans used to obtain financing for the operation before the land came under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, rely upon the use of that land for surface coal mining operations;

(3) The extent to which investments in the operation before the land came under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter, rely upon the use of that land for surface coal mining operations; or

(4) Whether the land lies within the areas identified on the map required under COMAR 26.20.02.10A(6) before the land came under the protection of Environment Article, §15-505(b)(2), Annotated Code of Maryland, or Regulation .02 of this chapter.