§ 74-56. Inspection and approval of reclamation; bond release or forfeiture.
§ 74‑56. Inspection andapproval of reclamation; bond release or forfeiture.
(a) The Department maydirect investigations as it may reasonably deem necessary to carry out itsduties as prescribed by this Article, and for this purpose may enter atreasonable times upon any mining operation for the purpose of determiningcompliance with this Article and any rules adopted under this Article and fordetermining compliance with the terms and conditions of a mining permit, butfor no other purpose. No person shall refuse entry or access to any authorizedrepresentative of the Department who enters the mining operation for purposesof inspection or other official duties and who presents appropriatecredentials; nor shall any person obstruct, hamper, or interfere with therepresentative while the representative is carrying out official duties. Uponarriving at the site, the representative of the Department shall make everyreasonable effort to notify the operator or the operator's agent that therepresentative of the Department intends to inspect the site. Upon receipt ofthe operator's annual report or report of completion of reclamation and at anyother reasonable time the Department may elect, the Department shall cause thepermit area to be inspected to determine whether the operator has complied withthe reclamation plan, the requirements of this Article, any rules adopted underthis Article, and the terms and conditions of the permit.
(b) The operator shallproceed with reclamation as scheduled in the approved reclamation plan. TheDepartment shall conduct an inspection and give written notice to the operatorof any deficiencies noted. The operator shall thereupon commence action within30 days to rectify these deficiencies and shall diligently proceed until theyhave been corrected. The Department may extend performance periods referred toin this section and in G.S. 74‑53 for delays clearly beyond theoperator's control, but only in cases where the Department finds that theoperator is making every reasonable effort to comply.
(c) Upon completion ofreclamation of an area of affected land, the operator shall notify theDepartment. The Department shall make an inspection of the area, and if itfinds that reclamation has been properly completed, it shall notify theoperator in writing and release the operator from further obligations regardingthe affected land. At the same time the Department shall release all or theappropriate portion of any performance bond or other security that the operatorhas posted under G.S. 74‑54.
(d) If at any time theDepartment finds that reclamation of the permit area is not proceeding inaccordance with the reclamation plan and that the operator has failed within 30days after notice to commence corrective action, or if the Department findsthat reclamation has not been properly completed in conformance with thereclamation plan within two years, or longer if authorized by the Department,after termination of mining on any segment of the permit area, the Departmentshall initiate forfeiture proceedings against the bond or other security filedby the operator under G.S. 74‑59. In addition, failure to implement thereclamation plan shall constitute grounds for suspension or revocation of theoperator's permit, as provided in G.S. 74‑58. (1971, c. 545, s. 11; 1987,c. 827, s. 85; 1993 (Reg. Sess., 1994), c. 568, s. 7; 1995, c. 504, s. 3.)