Sec. 26.20.12.04. Government-Funded Reclamation Projects

A. When the Bureau is considering an abandoned mine land reclamation project as government-financed construction and the level of funding will be less than 50 percent of the total cost because of planned coal extraction, the Bureau shall determine the likelihood:

(1) That nearby or adjacent mining activities may create new environmental problems or adversely affect existing environmental problems at the site;

(2) That reclamation activities at the site may adversely affect nearby or adjacent mining activities; and

(3) Of the coal being mined under a permit issued in accordance with Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland.

B. The determination under §A(3) of this regulation shall take into account available information, such as:

(1) Coal reserves from existing mine maps or other sources;

(2) Existing environmental conditions;

(3) All prior mining activity on or adjacent to the site;

(4) Current and historic coal production in the area; and

(5) Any known or anticipated interest in the mining site.

C. If the Bureau decides to proceed with the reclamation project after making the determinations under §A of this regulation, the Bureau shall:

(1) Determine the limits on any coal refuse, coal waste, or other coal products which may be extracted under this regulation; and

(2) Delineate the boundaries of the abandoned mine land reclamation project.

D. The Bureau shall include documentation in the abandoned mine land project file for the:

(1) Determinations made under §§A and C of this regulation;

(2) Information taken into account in making the determinations; and

(3) Names of the persons making the determinations.

E. For each abandoned mine land reclamation project to be approved under this regulation, the Bureau shall:

(1) Characterize the site in terms of mine drainage, active slides and slide prone areas, erosion and sedimentation, vegetation, toxic materials, and hydrologic balance;

(2) Ensure that the reclamation project is conducted in accordance with the provisions of Environment Article, Title 15, Subtitle 11, Annotated Code of Maryland, and 30 CFR Subchapter R;

(3) Develop specific-site reclamation requirements, including performance bonds, when appropriate, in accordance with State procedures; and

(4) Require the contractor conducting the reclamation to provide, before the time the reclamation project begins, documents that clearly authorize the extraction of coal and payment of royalties.

F. The Bureau shall require a reclamation contractor who extracts coal beyond the limits of the incidental coal specified in §C of this regulation to obtain a permit for the coal in accordance with Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland.