26.20.04.04 - Application Available to Public

26.20.04.04. Application Available to Public

A. The applicant shall ensure that a complete copy of the application is available to the general public, for inspection and copying, by the date of the first advertisement under Regulation .03 of this chapter. This requirement shall be satisfied by filing a copy at the courthouse of the county where the mining is proposed to occur or, with the concurrence of the Bureau, at another public office more accessible to local residents.

B. The applicant shall file any subsequent revision of the application with the public office at the same time the revision is submitted to the Bureau.

C. Information requested to be held as confidential may not be made publicly available until after notice and opportunity to be heard is given persons both seeking and opposing disclosure of the information. All qualified confidential information shall be identified by the applicant and submitted separately from the remainder of the application. Confidential information is limited to information:

(1) That pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of the coal which are potentially toxic in the environment;

(2) That is not on file under State law and that the applicant has requested in writing to be held confidential; and

(3) On the nature and location of archeological resources on public land and Indian land as required under the Archeological Resources Protection Act of 1979 (P.L. 96-95, 93 Stat. 721, 16 U.S.C. ยง 470).

(Regulations .04 were previously codified as COMAR 08.13.09.04 a A_G and H_M, 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.)

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