§ 74-49. Definitions.
§ 74‑49. Definitions.
Wherever used or referred toin this Article, unless a different meaning clearly appears from the context:
(1) "Affectedland" means the surface area of land that is mined, the surface area ofland associated with a mining activity so that soil is exposed to acceleratederosion, the surface area of land on which overburden and waste is deposited,and the surface area of land used for processing or treatment plant,stockpiles, nonpublic roads, and settling ponds.
(1a) "Affiliate"has the same meaning as in 17 Code of Federal Regulations § 240.12(b)‑2(1 April 1992 Edition), which defines "affiliate" as a person thatdirectly, or indirectly through one or more intermediaries, controls, iscontrolled by, or is under common control of another person.
(2) "Borrowpit" means an area from which soil or other unconsolidated materials areremoved to be used, without further processing, for highway construction andmaintenance.
(3) "Commission"means the Mining Commission created by G.S. 143B‑290.
(4) "Department"means the Department of Environment and Natural Resources. Whenever in thisArticle the Department is assigned duties, they may be performed by theSecretary or an employee of the Department designated by the Secretary.
(5) "Land"shall include submerged lands underlying any river, stream, lake, sound, orother body of water and shall specifically include, among others, estuarine andtidal lands.
(6) "Minerals"means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, andany other solid material or substance of commercial value found in naturaldeposits on or in the earth.
(7) "Mining"means:
a. The breaking of thesurface soil in order to facilitate or accomplish the extraction or removal ofminerals, ores, or other solid matter.
b. Any activity orprocess constituting all or part of a process for the extraction or removal ofminerals, ores, soils, and other solid matter from their original location.
c. The preparation,washing, cleaning, or other treatment of minerals, ores, or other solid matterso as to make them suitable for commercial, industrial, or construction use.
"Mining"does not include:
a. Those aspects ofdeep mining not having significant effect on the surface, where the affectedland does not exceed one acre in area.
b. Mining operationswhere the affected land does not exceed one acre in area.
c. Plants engaged inprocessing minerals produced elsewhere and whose refuse does not affect morethan one acre of land.
d. Excavation orgrading when conducted solely in aid of on‑site farming or of on‑siteconstruction for purposes other than mining.
e. Removal ofoverburden and mining of limited amounts of any ores or mineral solids whendone only for the purpose and to the extent necessary to determine the location,quantity, or quality of any natural deposit, provided that no ores or mineralsolids removed during exploratory excavation or mining are sold, processed forsale, or consumed in the regular operation of a business, and provided furtherthat the affected land resulting from any exploratory excavation does notexceed one acre in area.
f. Excavation orgrading where all of the following apply:
1. The excavation orgrading is conducted to provide soil or other unconsolidated material to beused without further processing for a single off‑site constructionproject for which an erosion and sedimentation control plan has been approvedin accordance with Article 4 of Chapter 113A of the General Statutes.
2. The affected land,including nonpublic access roads, does not exceed five acres.
3. The excavation orgrading is completed within one year.
4. The excavation orgrading does not involve blasting, the removal of material from rivers orstreams, the disposal of off‑site waste on the affected land, or thesurface disposal of groundwater beyond the affected land.
5. The excavation orgrading is not in violation of any local ordinance.
6. An erosion andsedimentation control plan for the excavation or grading has been approved inaccordance with Article 4 of Chapter 113A of the General Statutes.
(8) "Neighboring"means in close proximity, in the immediate vicinity, or in actual contact.
(9) "Operator"means any person or persons, any partnership, limited partnership, orcorporation, or any association of persons, engaged in mining operations,whether individually, jointly, or through subsidiaries, agents, employees, orcontractors.
(10) "Overburden"means the earth, rock, and other materials that lie above the natural depositof minerals.
(10a) "Parent" hasthe same meaning as in 17 Code of Federal Regulations § 240.12(b)‑2 (1April 1992 Edition), which defines "parent" as an affiliate thatdirectly, or indirectly through one or more intermediaries, controls anotherperson.
(11) "Peak"means overburden removed from its natural position and deposited elsewhere inthe shape of conical piles or projecting points.
(12) "Reclamation"means the reasonable rehabilitation of the affected land for useful purposes,and the protection of the natural resources of the surrounding area. Althoughboth the need for and the practicability of reclamation will control the typeand degree of reclamation in any specific instance, the basic objective will beto establish on a continuing basis the vegetative cover, soil stability, waterconditions and safety conditions appropriate to the area.
(13) "Reclamationplan" means the operator's written proposal as required and approved bythe Department for reclamation of the affected land, which shall include butnot be limited to:
a. Proposed practicesto protect adjacent surface resources;
b. Specifications forsurface gradient restoration to a surface suitable for the proposed subsequentuse of the land after reclamation is completed, and proposed method ofaccomplishment;
c. Manner and type ofrevegetation or other surface treatment of the affected areas;
d. Method of preventionor elimination of conditions that will be hazardous to animal or fish life inor adjacent to the area;
e. Method of compliancewith State air and water pollution laws;
f. Method ofrehabilitation of settling ponds;
g. Method of control ofcontaminants and disposal of mining refuse;
h. Method ofrestoration or establishment of stream channels and stream banks to a conditionminimizing erosion, siltation, and other pollution;
i. Maps and othersupporting documents as may be reasonably required by the Department; and
j. A time schedulethat meets the requirements of G.S. 74‑53.
(14) "Refuse"means all waste soil, rock, mineral, scrap, tailings, slimes, and othermaterial directly connected with the mining, cleaning, and preparation ofsubstances mined and shall include all waste materials deposited on or in thepermit area from other sources.
(15) "Ridge"means overburden removed from its natural position and deposited elsewhere inthe shape of a long, narrow elevation.
(16) "Spoilbank" means a deposit of excavated overburden or refuse.
(16a) "Subsidiary"has the same meaning as in 17 Code of Federal Regulations § 240.12(b)‑2(1 April 1992 Edition), which defines "subsidiary" as an affiliatethat is directly, or indirectly through one or more intermediaries, controlledby another person.
(17) "Termination ofmining" means cessation of mining operations with intent not to resume, orcessation of mining operations as a result of expiration or revocation of thepermit of the operator. Whenever the Department shall have reason to believethat a mining operation has terminated, the Department shall give the operatorwritten notice of its intention to declare the operation terminated, and theoperator shall have an opportunity to appear within 30 days and presentevidence that the operation is continuing; where the Department finds that theevidence is satisfactory, the Department shall not declare the mining operationterminated. (1971,c. 545, s. 4; 1973, c. 1262, ss. 33, 86; 1977, c. 771, s. 4; c. 845, s. 1;1989, c. 727, s. 218(13); 1993 (Reg. Sess., 1994), c. 568, s. 1; 1997‑443,s. 11A.119(a); 1999‑82, s. 1; 2002‑165, s. 2.1.)