1674                                            LAWS OF MARYLAND                                        Ch. 461

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7-505.

(g) [Unless a lease in existence on June 1, 1967 does not
so provide or permit, the] THE application for a permit shall
include [, on a form furnished by the [Bureau,] DEPARTMENT, FOR

ALL LAND TO BE AFFECTED BY THE OPEN-PIT COAL MINING AND
RECLAMATION OPERATIONS:

(1)  ON A FORM FURNISHED BY THE DEPARTMENT, [the ] THE

written consent of the landowner AND ANY OWNER OF A LEGAL OR
EQUITABLE INTEREST IN THE LAND SURFACE for the [operator [or
the State or any of its authorized agents,] APPLICANT to enter on
any land TO BE affected by the operator [within a period of five
years after the operation is completed or abandoned, for the
purpose of backfilling, planting, reclamation, and inspection.]

CONDUCTING OPEN-PIT COAL MINING AND RECLAMATION OPERATIONS; OR

(2)  A CONVEYANCE THAT EXPRESSLY GRANTS OR RESERVES TO
THE APPLICANT THE RIGHT TO EXTRACT COAL BY OPEN-PIT MINING
METHODS.

7-507.

(c) (1) The Department and its AUTHORIZED agents, WITHOUT

ADVANCE NOTICE AND UPON PRESENTATION OF APPROPRIATE CREDENTIALS;

[may enter on and inspect] SHALL HAVE THE RIGHT OF ENTRY TO, ON
OR THROUGH any open-pit mining or prospecting operation OR ANY

PREMISES IN WHICH ANY RECORDS REQUIRED TO BE MAINTAINED UNDER

THIS SUBTITLE ARE LOCATED to determine conditions of safety and
TO assure compliance with the provisions of this subtitle, any
rules and regulations promulgated under it and ANY permit
conditions, and shall have access to and the right to copy any
records, reports, or other information, AND TO INSPECT ANY

MONITORING EQUIPMENT OR METHOD OF OPERATION required by the

[Bureau] DEPARTMENT under this subtitle. [For the purpose of
performing the duties required under this subtitle and applicable
regulations, including but not limited to inspection, enforcement
of this subtitle, and reclamation, the Department, its agents,
employees, and contractors may enter upon private property for
access to or reclamation of any open-pit mining and reclamation
operation or prospecting operation which is not otherwise
accessible to the Department from a public road. Entry onto
private property for these purposes shall not be undertaken
without prior consent of the property owner. If, after real and
bona fide effort, the consent of the property owner cannot be
secured, the Department may apply to a law or equity court where
the property or any part of it is located for an order directing
that entry be permitted. "Bona fide effort" shall include either
30 days advance notice in writing by certified mail, return
receipt requested, to the last known address of the property
owner or posting notice on the property not less than 30 days in
advance, or such other requirements as the court may deem
appropriate. The Department shall reimburse the landowner or
lessee who is farming the property for agricultural products
destroyed or damaged by its agents, employees, or contractors.