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Ch. 386
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LAWS OF MARYLAND
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1212
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THAT THE DEPARTMENT DETERMINES NECESSARY TO ASSURE COMPLETION OF
RECLAMATION AND REVEGETATION.
(E) IF THE DEPARTMENT DETERMINES, AFTER REVIEW OF THE
NOTICE FILED PURSUANT TO THIS SECTION, THAT THE PROPOSED
PROSPECTING OPERATION IS REASONABLY LIKELY TO CAUSE SUBSTANTIAL
DISTURBANCE TO THE NATURAL LAND SURFACE OR TO CAUSE SERIOUS HARM
TO A WATER SUPPLY OR WATER QUALITY, THE DEPARTMENT SHALL SO
INFORM THE PERSON SUBMITTING THE NOTICE, AND THE REQUIREMENTS OF
SUBSECTION (D) OF THIS SECTION SHALL APPLY TO SUCH PERSONS AND
OPERATIONS.
(F) THE DEPARTMENT SHALL DENY WRITTEN APPROVAL TO PROSPECT
WHERE IT FINDS THAT THE PERSON INTENDING TO PROSPECT HAS FAILED
TO RECLAIM ANY OTHER PROSPECTING OR SURFACE COAL MINING OPERATION
IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SUBTITLE APPLICABLE
TO THAT OPERATION.
(G) A PERSON MAY NOT REMOVE MORE THAN 200 TONS OF COAL
PURSUANT TO THIS SECTION.
(H) PROSPECTING OPERATIONS, AND ANY OF ITS RELATED
ACTIVITIES, INCLUDING BUT NOT LIMITED TO EXCAVATIONS,
CONSTRUCTION OF ROADS, DRILL HOLES, THE REMOVAL OF FACILITIES AND
EQUIPMENT, AND RECLAMATION SHALL BE CONDUCTED IN ACCORDANCE WITH
PERFORMANCE AND RECLAMATION REGULATIONS ESTABLISHED FOR
PROSPECTING.
(I) INFORMATION SUBMITTED TO THE DEPARTMENT PURSUANT TO
THIS SECTION CONCERNING TRADE SECRETS OR CONFIDENTIAL COMMERCIAL
OR FINANCIAL INFORMATION WHICH RELATES TO THE COMPETITIVE RIGHTS
OF THE PERSON OR ENTITY INTENDING TO PROSPECT SHALL NOT BE
AVAILABLE FOR PUBLIC EXAMINATION.
(J) A PERSON WHO CONDUCTS ANY PROSPECTING ACTIVITY IN
VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED
UNDER THIS SECTION, SHALL BE SUBJECT TO THE ENFORCEMENT AND
PENALTY PROVISIONS OF THIS SUBTITLE.
7-907.
(b) Within 6 months after completion of a project pursuant
to this [section] SUBTITLE, the Department shall itemize the
moneys expended by the Department and file a notarized statement
prepared by an independent appraiser as to the increase in value
of the land attributable to the reclamation project with the
clerk of the circuit court for the county in which the affected
land lies. The statement shall constitute a lien upon the land
for an amount equal to the increase in the value attributable to
the project; provided that, no lien shall be filed:
(1) If the owner of the surface rights acquired the
property prior to May 2, 1977, and neither consented to nor
participated in nor exercised control over the mining operation
which necessitated the reclamation project;
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