1124

LAWS OF MARYLAND

Ch. 391

Public Works, determines that an abandoned mine on State
land will be reclaimed in conjunction with the proposed
mining or except when the Secretary, with the recommendation
of the Land Reclamation Committee and the approval of the
Board of Public Works, determines that the mining could
occur in conjunction with public construction activities
that will disturb the vegetation and topsoil of State land.
If the [Bureau's] DEPARTMENT'S failure to issue, extend or
renew a permit involves taking a property right without just
compensation in violation of the Constitution of the United
States or the Constitution of Maryland and the General
Assembly has not appropriated sufficient funds to pay the
compensation, the State may use available funds under
Program Open Space to purchase or otherwise pay for the
property rights. THE DEPARTMENT MAY NOT ISSUE, EXTEND OR
RENEW ANY PERMIT WHICH WOULD ADVERSELY AFFECT ANY PUBLICLY
OWNED PARK OR PLACE RECORDED IN THE NATIONAL REGISTER OF
HISTORIC SITES UNLESS APPROVED BY THE FEDERAL, STATE OR
LOCAL AGENCY WITH JURISDICTION OVER THE PARK OR HISTORIC
SITE.

(c) THE PERMIT APPLICATION SHALL BE SUBMITTED IN A
MANNER SATISFACTORY TO THE DEPARTMENT AND SHALL CONTAIN AT A
MINIMUM:

(1)  A COPY OF THE APPLICANT'S ADVERTISEMENT TO
BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
COUNTY OF THE PROPOSED MINING SITE AT LEAST ONCE A WEEK FOR
4 SUCCESSIVE WEEKS, AND WHICH INCLUDES THE OWNERSHIP, A
DESCRIPTION OF THE LOCATION AND BOUNDARIES OF THE PROPOSED
SITE SUFFICIENT SO THAT THE PROPOSED OPERATION IS EASILY
LOCATABLE BY LOCAL RESIDENTS, THE LOCATION OF WHERE THE
APPLICATION IS AVAILABLE FOR PUBLIC INSPECTION, AND NOTICE
THAT PUBLIC COMMENT WILL BE RECEIVED BY THE DEPARTMENT FOR
AT LEAST 30 DAYS AFTER THE LAST NEWSPAPER PUBLICATION;

(2)  [As part of each permit application, the
operator shall furnish, in duplicate, a] A U. S. Geological
Survey quadrangle sheet, 7 1/2 minute series [in a manner]
ENLARGED TO A SCALE satisfactory to the [Director of the
Bureau] DEPARTMENT showing the location of the [tract of]
land affected by the contemplated operation. [An aerial
photograph is acceptable if the photograph shows the details
to the director's satisfaction.] The map[, plan, or
photograph] shall be prepared and certified by a [competent]
REGISTERED engineer or REGISTERED surveyor [or other person]
approved by the [Director of the Bureau] DEPARTMENT. It
shall show the boundaries of the area of land which will be
affected, the drainage area above and below the area, the
location and names of all streams, roads, railroads,
BUILDINGS, and utility lines on or immediately adjacent to
the area, [and] the name of the owner of the area, THE
BOUNDARIES AND NAMES OF THE OWNERS OF ALL SURFACE AREAS
ABUTTING THE PERMIT AREA, and the nearest municipality[.];

(3)  The [map, plan, or photograph also shall
show the] results of test borings which the operator [may