§ 74-46 – Title.

74-46. Title. This Article may be known and cited as "The Mining Act of 1971." (1971, c. 545, s. 1.)

§ 74-47 – Findings.

74-47. Findings. The General Assembly finds that the extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of North Carolina and the nation. Furthermore, it is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste […]

§ 74-48 – Purposes.

74-48. Purposes. The purposes of this Article are to provide: (1) That the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State will receive the greatest practical degree of protection and restoration. (2) That from June 11, 1971, no mining shall be carried on in the State unless […]

§ 74-49 – Definitions.

74-49. Definitions. Wherever used or referred to in this Article, unless a different meaning clearly appears from the context: (1) "Affected land" means the surface area of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on […]

§ 74-50 – Permits General.

74-50. Permits – General. (a) No operator shall engage in mining without having first obtained from the Department an operating permit that covers the affected land and that has not been terminated, revoked, suspended for the period in question, or otherwise become invalid. An operating permit may be modified from time to time to include […]

§ 74-51 – Permits Application, granting, conditions.

74-51. Permits – Application, granting, conditions. (a) Any operator desiring to engage in mining shall make written application to the Department for a permit. The application shall be upon a form furnished by the Department and shall fully state the information called for; in addition, the applicant may be required to furnish any other information […]

§ 74-52 – Permit modifications.

74-52. Permit modifications. (a) Any operator engaged in mining under an operating permit may apply at any time for modification of the permit. The application shall be in writing upon forms furnished by the Department and shall fully state the information called for. The applicant must provide the Department with any additional information necessary to […]

§ 74-53 – Reclamation plan.

74-53. Reclamation plan. The operator shall submit with his application for an operating permit a proposed reclamation plan. Said plan shall include as a minimum, each of the elements specified in the definition of "reclamation plan" in G.S. 74-49, plus such other information as may be reasonably required by the Department. The reclamation plan shall […]

§ 74-54 – Bonds.

74-54. Bonds. (a) Each applicant for an operating permit, or for the modification of an existing permit shall, following the approval of the application, file and maintain in force a bond in favor of the State of North Carolina, executed by a surety approved by the Commissioner of Insurance, in the amount set forth below. […]

§ 74-54.1 – Permit fees.

74-54.1. Permit fees. (a) The fee schedule for the processing of permit applications, transfers, and modifications is as follows: 0-25 acres 26+ acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 (a1) In addition to the fees set forth in subsection (a) of this section, permittees shall pay an annual […]

§ 74-55 – Reclamation report.

74-55. Reclamation report. (a) By September 1 of each year, the operator shall file a report of activities completed during the preceding year on a form prescribed by the Department, which includes all of the following: (1) Identify the mine, the operator and the permit number. (2) State acreage disturbed by mining in the last […]

§ 74-56 – Inspection and approval of reclamation; bond release or forfeiture.

74-56. Inspection and approval of reclamation; bond release or forfeiture. (a) The Department may direct investigations as it may reasonably deem necessary to carry out its duties as prescribed by this Article, and for this purpose may enter at reasonable times upon any mining operation for the purpose of determining compliance with this Article and […]

§ 74-57 – Departmental modification of permit or reclamation plan.

74-57. Departmental modification of permit or reclamation plan. If at any time it appears to the Department from its inspection of the affected land that the activities under the reclamation plan and other terms and conditions of the permit are failing to achieve the purposes and requirements of this Article, it shall give the operator […]

§ 74-58 – Suspension or revocation of permit.

74-58. Suspension or revocation of permit. (a) Whenever the Department shall have reason to believe that a violation of (i) this Article, (ii) any rules adopted under this Article, or (iii) the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of the apparent violation […]

§ 74-59 – Bond forfeiture proceedings.

74-59. Bond forfeiture proceedings. Whenever the Department determines the necessity of a bond forfeiture under the provisions of G.S. 74-56, or whenever it revokes an operating permit under the provisions of G.S. 74-58, it shall request the Attorney General to initiate forfeiture proceedings against the bond or other security filed by the operator under G.S. […]

§ 74-60 – Notice.

74-60. Notice. Whenever in this Article written notice is required to be given by the Department, such notice shall be mailed by registered or certified mail to the permanent address of the operator set forth in his most recent application for an operating permit or for a modification of such permit. No other notice shall […]

§ 74-61 – Administrative and judicial review of decisions.

74-61. Administrative and judicial review of decisions. An applicant, permittee, or affected person may contest a decision of the Department to deny, suspend, modify, or revoke a permit or a reclamation plan, to refuse to release part or all of a bond or other security, or to assess a civil penalty by filing a petition […]

§ 74-63 – Rules.

74-63. Rules. The Commission may adopt rules necessary to administer this Article. (1971, c. 545, s. 18; 1973, c. 1262, s. 33; c. 1331, s. 3; 1987, c. 827, s. 84.)

§ 74-64 – Penalties for violations.

74-64. Penalties for violations. (a) Civil Penalties. (1) a. A civil penalty of not more than five thousand dollars ($5,000) may be assessed by the Department against any person who fails to secure a valid operating permit prior to engaging in mining, as required by G.S. 74-50. No civil penalty shall be assessed until the […]

§ 74-65 – Effect on local zoning regulations.

74-65. Effect on local zoning regulations. No provision of this Article shall be construed to supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina, except insofar as a provision of […]