HARRY HUGHES, Governor

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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 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.

(2) Subject to valid existing rights, as that term is
used in the federal Surface Mining Control and Reclamation Act of
1977, the Department may not issue, extend or renew any permit:

(i) 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;

(ii) Within the Youghiogheny River scenic
corridor, notwithstanding any other provision of law;

(iii) Within 100 feet of the outside
right-of-way line of any public road (except where mine access
roads or haulage roads join the right-of-way line), unless the
Department, after a public hearing in the locality, determines
that the interests of the public and the affected landowners will
be protected;

(iv) Within 300 feet from any occupied
dwelling, unless waived by the owner thereof;

(v) Within 300 feet of any public building,
school, public park, church, community or institutional building;
or

(vi) Within 100 feet of a cemetery.

(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 of the land affected, 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;