§ 74-51. Permits Application, granting, conditions.
§74‑51. Permits Application, granting, conditions.
(a) Any operatordesiring to engage in mining shall make written application to the Departmentfor a permit. The application shall be upon a form furnished by the Departmentand shall fully state the information called for; in addition, the applicantmay be required to furnish any other information as may be deemed necessary bythe Department in order adequately to enforce this Article. The applicationshall be accompanied by a reclamation plan that meets the requirements of G.S.74‑53. No permit shall be issued until a reclamation plan has beenapproved by the Department. The application shall be accompanied by a signedagreement, in a form specified by the Department, that in the event a bondforfeiture is ordered pursuant to G.S. 74‑59, the Department and itsrepresentatives and contractors shall have the right to make whatever entrieson the land and to take whatever actions may be necessary in order to carry outreclamation that the operator has failed to complete.
(b) Before decidingwhether to grant a new permit, the Department shall circulate copies of anotice of application for review and comment as it deems advisable. TheDepartment shall grant or deny the permit requested as expeditiously as possible,but in no event later than 60 days after the application form and any relevantand material supplemental information reasonably required shall have been filedwith the Department, or if a public hearing is held, within 30 days followingthe hearing and the filing of any relevant and material supplementalinformation reasonably required by the Department. Priority consideration shallbe given to applicants who submit evidence that the mining proposed will be forthe purpose of supplying materials to the Board of Transportation.
(c) If the Departmentdetermines, based on public comment relevant to the provisions of this Article,that significant public interest exists, the Department shall conduct a publichearing on any application for a new mining permit or for a modification of amining permit to add land to the permitted area, as defined in G.S. 74‑50(b).The hearing shall be held before the Department reaches a final decision on theapplication, and in making its determination, the Department shall give fullconsideration to all comments submitted at the public hearing. The publichearing shall be held within 60 days of the end of the 30‑day periodwithin which any requests for the public hearing shall be made.
(d) The Department maydeny the permit upon finding:
(1) That any requirementof this Article or any rule promulgated hereunder will be violated by theproposed operation;
(2) That the operationwill have unduly adverse effects on potable groundwater supplies, wildlife, orfresh water, estuarine, or marine fisheries;
(3) That the operationwill violate standards of air quality, surface water quality, or groundwaterquality that have been promulgated by the Department;
(4) That the operationwill constitute a direct and substantial physical hazard to public health andsafety or to a neighboring dwelling house, school, church, hospital, commercialor industrial building, public road or other public property, excluding mattersrelating to use of a public road;
(5) That the operationwill have a significantly adverse effect on the purposes of a publicly ownedpark, forest or recreation area;
(6) That previousexperience with similar operations indicates a substantial possibility that theoperation will result in substantial deposits of sediment in stream beds orlakes, landslides, or acid water pollution; or
(7) That the applicantor any parent, subsidiary, or other affiliate of the applicant or parent hasnot been in substantial compliance with this Article, rules adopted under thisArticle, or other laws or rules of this State for the protection of theenvironment or has not corrected all violations that the applicant or anyparent, subsidiary, or other affiliate of the applicant or parent may havecommitted under this Article or rules adopted under this Article and thatresulted in:
a. Revocation of apermit,
b. Forfeiture of partor all of a bond or other security,
c. Conviction of amisdemeanor under G.S. 74‑64,
d. Any other courtorder issued under G.S. 74‑64, or
e. Final assessment ofa civil penalty under G.S. 74‑64.
(e) In the absence ofany finding set out in subsection (d) of this section, or if adverse effectsare mitigated by the applicant as determined necessary by the Department, apermit shall be granted.
(f) Any permit issuedshall be expressly conditioned upon compliance with all requirements of theapproved reclamation plan for the operation and with any other reasonable andappropriate requirements and safeguards that the Department determines arenecessary to assure that the operation will comply fully with the requirementsand objectives of this Article. These conditions may, among others, include arequirement of visual screening, vegetative or otherwise, so as to screen theview of the operation from public highways, public parks, or residential areas,where the Department finds screening to be feasible and desirable. Violation ofany conditions of the permit shall be treated as a violation of this Articleand shall constitute a basis for suspension or revocation of the permit.
(g) If the Departmentdenies an application for a permit, the Department shall notify the operator inwriting, stating the reasons for the denial and any modifications in theapplication that would make the application acceptable. The operator maythereupon modify and resubmit the application, or file an appeal as providedin G.S. 74‑61.
(h) Upon approval of anapplication, the Department shall set the amount of the performance bond orother security that is to be required pursuant to G.S. 74‑54. Theoperator shall have 60 days after the Department mails a notice of the requiredbond to the operator in which to deposit the required bond or security with theDepartment. The operating permit shall not be issued until receipt of thisdeposit.
(i) When one operator succeedsto the interest of another in any uncompleted mining operation by virtue of asale, lease, assignment, or otherwise, the Department may release the firstoperator from the duties imposed upon the operator by this Article withreference to the mining operation and transfer the permit to the successoroperator; provided, that both operators have complied with the requirements ofthis Article and that the successor operator assumes the duties of the firstoperator with reference to reclamation of the land and posts a suitable bond orother security. (1971, c. 545, s. 6; 1973, c. 507, s. 5; 1977, c. 771,s. 4; c. 845, s. 2; 1981, c. 787, ss. 2, 3; 1987, c. 827, c. 82; 1989, c. 727,s. 11; 1993 (Reg. Sess., 1994), c. 568, s. 3; 2000‑116, s. 2.)