What is considered “Surface Mining” in the State of Maryland?
What is the definition of “Minerals” used by the State of Maryland?
Mining LicenseWho needs a Surface Mining License?
How long does it take to get a Surface Mining License?
What fees are associated with a Surface Mining License?
Mining PermitWho needs a Surface Mining Permit?
How long does it take to get a Surface Mining Permit?
What fees are associated with a mining permit?
What other documents must be submitted with my permit application?
What is the Performance Bond rate?
At what point can I use the Short Form Application?
What other State Agencies are involved in the permit review process?
When is my Annual Report due?
How long is a Maryland State Surface Mining Permit valid?
When is Public Notification required for a Surface Mining Permit?
When is a Public Hearing required?
How long is the Public Comment Period associated with the Public Notification?
Other PermitsAt what point do I need a Discharge Permit for my site? Which permit is right for my needs? Who do I contact?
At what point do I need a Water Appropriation Permit? Who do I contact?
How many copies of Sediment and Erosion Plans must be submitted to the Mining Program?
How long is my Soil Conservation District Approval Valid?
Can I mine mineral resources on my property for personal use? (example: Roads and fill material)
Minerals.- "Minerals" means any solid material, aggregate, or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell, soil, and stone. The term does not include coal.
Required.- Except as otherwise provided in this subtitle, a person may not engage in surface mining within the State without first obtaining a surface mining license.
- A Surface Mining License is issued to the individual or company in possession of one or more Surface Mining Permits in the State of Maryland and gives them the right to operate within the state. Any subcontractors loading material into their own trucks or performing mineral extraction at a mine site are required to have a State Surface Mining License. -Surface Mining License Application
Within 30 days of receipt of a completed application [and fees], the Department shall notify the applicant whether the license has been issued or denied. The typical turnaround time for issuing new mining licenses is within one week if complete application and fees are submitted. Surface Mining License Application
Fee and license renewal.- The application shall be accompanied by a $300 fee. The license shall be renewable annually, and the renewal fee is $150. The application for renewal shall be made annually by January 1. -Surface Mining License Application
Permit required.- A licensee may not engage in surface mining within the State except on affected land that is covered by a valid surface mining permit.Affected land.- "Affected land" means the land from which the mineral is removed by surface mining, and all other land area in which the natural land surface has been disturbed as a result of or incidental to the surface mining activities of the permittee, including private ways and roads appurtenant to the area, land excavations, workings, refuse piles, spoil piles, and tailings.
The average turn-around time for a new Surface Mining Permit is Seven (7) Months. This figure is highly dependent on the applicants timely submittal of all required documents. Other factors such as public notification/hearings, site inspections, and comments from other State Agencies can affect the length of time required to issue or deny a permit.
Amount of bond.- The amount of the bond required shall be for a maximum of $1,250 per acre based on the number of acres of affected land covered by the permit. But, a bond may not be filed for less than $8,000. However, the Department shall determine whether the total bond fee is unreasonable and excessive for a particular tract of land and whether a lesser total amount for the bond is sufficient to cover reclamation. In making this determination, the Department shall consider the size of the operation, the amount of land to be mined, the acreage that is unreclaimed at any one time, the proposed method of regrading and revegetation of the site, the proposed use of the land following reclamation, and any other relevant factors.
The “Short Form” Application for Permit to Surface Mine can be used if the affected acreage applied for is less than 5 acres. Using this form limits the permittee to 20,000 Cubic yards or 30,000 Tons of material that may be extracted per year. If you plan on extracting more than this amount per year a standard "Long Form” application will be required.
At the end of each calendar year, but before March 31 of the succeeding year, the permittee shall submit an annual mining and reclamation report to the Administration on a form prescribed and furnished by the Administration.
Surface Mining Permits are issued for a period of 5 years at which time they may be renewed by submitting an Application for the Renewal of Permit to Surface mine. Available at: Surface Mining Permit Renewal Application
Public notification is required for all New Surface Mining Permits over 5 acres and any Modifications to add over 20 acres of land to an existing Surface Mining Permit.
Public informational hearing.- The Department shall hold a public informational hearing if it receives a timely written request in accordance with the following provisions:
Interested parties must be given at least 2 weeks after the initial posting of the Public Notification to contact the Department with any concerns or to request a Public Hearing.
From COMAR 26.08.04.01-
B. Activities for Which Discharge Permits Are Required. A person may not commit any of the following acts except as authorized by a discharge permit issued by the Department:
Yes, Surface Mining Permit exemptions for personal use are granted for sites with less than one (1) acre of disturbed area on one tract of land. (Which means you can not be exempt for mining multiple one acre pits on one piece of land). *This does not exempt the property owner from following all other State and Local laws such as Zoning, Grading Permits, Etc.
EXEMPTION: Uses exempt from the water appropriation and use permit process are:
For more information contact:John Grace Water Supply Program
john.Grace@maryland.gov (410) 537-3714
Unless otherwise instructed please submit only One (1) copy of your signed and approved Sediment and Erosion Control Plans to the Mining Program for new permits, renewals, and modifications.
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Soil Conservation District Approvals are typically valid for 5 years after the approval date for Surface Mines, although the local SCD may place shorter term approval on a case by case basis. For exact expiration dates contact the Soil Conservation District that issued your sediment control approval.
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