Sec. 27.02.05.08-3. Surface Mining — Criteria

When surface mining occurs on State-owned land, the agency administering the land shall:

A. Designate each portion of the Critical Area that is unsuitable for surface mining and prohibit surface mining in those locations, including:

(1) In accordance with the provisions of COMAR 27.01.09, a habitat protection area;

(2) An area where highly erodible soil exists; and

(3) An area that is within 100 feet immediately landward from mean high water of tidal waters or from the edge of a bank of a tributary stream, unless:

(a) A license, permit, or other approval to conduct a specific aspect of surface mining was issued before June 11, 1988; and

(b) If expansion of the scope or size of the surface mining activity has occurred since June 11, 1988, the expansion complies with State law and local program requirements;

B. Require the reclamation of a wash pond in accordance with State law and local program requirements;

C. Prohibit the location of a wash plant within the buffer in accordance with COMAR 27.01.09; and

D. If applicable, ensure that a lessee of the affected land obtains all licenses, permits, and other approvals in accordance with State law and local program requirements.