§ 74-52. Permits Modification, renewal.
§ 74‑52. Permits Modification, renewal.
(a) Any operatorengaged in mining under an operating permit may apply at any time formodification of the permit. A permittee may apply for renewal of the permit atany time during the two years prior to the expiration of the permit. Theapplication shall be in writing upon forms furnished by the Department andshall fully state the information called for. The applicant must provide theDepartment with any additional information necessary to satisfy application requirements.The applicant is not required to resubmit information that remains unchangedsince the time of the prior application. In addition, the applicant may berequired to furnish any other information as may be deemed necessary by theDepartment in order adequately to enforce the Article.
(b) The procedure to befollowed and standards to be applied in renewing a permit shall be the same asthose for issuing a permit; provided, however, that in the absence of anychanges in legal requirements for issuance of a permit since the date on whichthe prior permit was issued, the only basis for denying a renewal permit shallbe an uncorrected violation of the type listed in G.S. 74‑51(7), orfailure to submit an adequate reclamation plan in light of conditions thenexisting.
(c) A modificationunder this section may affect the land area covered by the permit, the approvedreclamation plan coupled with the permit, or other terms and conditions of thepermit. A permit may be modified to include land neighboring the affected land,but not other lands. The reclamation plan may be modified in any manner, solong as the Department determines that the modified plan fully meets thestandards set forth in G.S. 74‑53 and that the modifications would begenerally consistent with the bases for issuance of the original permit. Otherterms and conditions may be modified only where the Department determines thatthe permit as modified would meet all requirements of G.S. 74‑50 and[G.S.] 74‑51. No modification shall extend the expiration date of anypermit issued under this Article.
(d) No modification orrenewal of a permit shall become effective until any required changes have beenmade in the performance bond or other security posted under the provisions ofG.S. 74‑54, so as to assure the performance of obligations assumed by theoperator under the permit and reclamation plan. (1971, c. 545, s. 7; 1993(Reg. Sess., 1994), c. 568, s. 4.)