GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 2000-116
SENATE BILL 1329
AN ACT TO PROVIDE FOR ADDITIONAL NOTICE OF AN APPLICATION FOR A
PERMIT UNDER THE MINING ACT OF 1971, AS RECOMMENDED BY THE
ENVIRONMENTAL REVIEW COMMISSION.
The General Assembly of North Carolina enacts:
Section 1. G.S. 74-50 reads as rewritten:
"§ 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 land neighboring the
affected land, in accordance with procedures set forth in G.S.
74-52. A separate permit shall be required for each mining
operation that is not on land neighboring a mining operation for
which the operator has a valid permit.
(b) As used in subsection (b1) of this section:
(1) `Permitted area' means affected land
and all other land used for or designated as buffers or
reserves, or used for other purposes, as delineated in a
mining permit or an application for a mining permit.
(2) `Permit boundaries' means the
boundaries of a permitted area.
(3) `Land adjoining' means any parcel or
tract of land that is not owned in whole or in part by, or
that is not under the control of, the applicant or operator
or any lessor, affiliate, parent, or subsidiary of the
applicant or operator and that is contiguous to either: (i)
any parcel or tract that includes the permitted area or (ii)
any parcels or tracts of land that are owned in whole or in
part by or under the control of the applicant or operator or
any lessor, affiliate, parent, or subsidiary of the
applicant or operator and that, taken together, are
contiguous to the permitted area.
(b1) At the time of the an
application for a new mining permit or permit
modifications that add owners of record of lands adjoining the
permit boundaries, for a modification of a mining
permit to add land to the permitted area, the applicant
or operator shall make a reasonable effort, satisfactory to
the Department, to notify all owners of record of land
adjoining the proposed site, and to notify the chief
administrative officer of the county or municipality in which the
site is located that the operator intends to conduct a mining
operation on the site in question. notify:
(1) The chief administrative officer of
each county and municipality in which any part of the
permitted area is located.
(2) The owners of record of land adjoining
that lies within 1,000 feet of the permit boundaries.
(3) The owners of record of land that lies
directly across and is contiguous to any highway; creek,
stream, river, or other watercourse; railroad track; or
utility or other public right-of-way and that lies within
1,000 feet of the permit boundaries. For purposes of this
subdivision, `highway' means a highway, as defined in G.S.
20-4.01(13) that has four lanes of travel or less and that
has not been designated a part of the Interstate Highway
System.
(b2) The notice shall inform the owners of record and
chief administrative officers of the opportunity to submit
written comments to the Department regarding the proposed mining
operation and the opportunity to request a public hearing
regarding the proposed mining operation. Requests for public
hearing shall be made within 30 days of issuance of the notice.
(b3) When the Department receives an application for a new
mining permit or for a modification of a mining permit to add
land to the permitted area, the Department shall send a notice of
the application to each of the following agencies with a request
that each agency review and provide written comment on the
application within 30 days of the date on which the request is
made:
(1) Division of Air Quality, Department of
Environment and Natural Resources.
(2) Division of Parks and Recreation,
Department of Environment and Natural Resources.
(3) Division of Water Quality, Department
of Environment and Natural Resources.
(4) Division of Water Resources,
Department of Environment and Natural Resources.
(5) North Carolina Geological Survey,
Division of Land Resources, Department of Environment and
Natural Resources.
(6) Wildlife Resources Commission,
Department of Environment and Natural Resources.
(7) Division of Archives and History,
Department of Cultural Resources.
(8) United States Fish and Wildlife
Service, United States Department of the Interior.
(9) Any other federal or State agency that
the Department determines to be appropriate, including the
Division of Coastal Management, Department of Environment
and Natural Resources; the Division of Marine Fisheries,
Department of Environment and Natural Resources; the
Division of Waste Management, Department of Environment and
Natural Resources; and the Department of Transportation.
(c) No permit shall become effective until the operator has
deposited with the Department an acceptable performance bond or
other security pursuant to G.S. 74-54. If at any time the bond
or other security, or any part thereof, shall lapse for any
reason other than a release by the Department, and the lapsed
bond or security is not replaced by the operator within 30 days
after notice of the lapse, the permit to which the lapsed bond or
security pertains shall be automatically revoked.
(d) An operating permit shall be granted for a period not
exceeding 10 years. If the mining operation terminates and the
reclamation required under the approved reclamation plan is
completed prior to the end of the period, the permit shall
terminate. Termination of a permit shall not have the effect of
relieving the operator of any obligations that the operator has
incurred under an approved reclamation plan or otherwise. Where
the mining operation itself has terminated, no permit shall be
required in order to carry out reclamation measures under the
reclamation plan."
Section 2. G.S. 74-51(c) reads as rewritten:
"(c) If the Department determines, based on public comment
relevant to the provisions of this Article, that significant
public interest exists, the Department shall conduct a public
hearing on any application for a new mining permit or for
permit modifications that add owners of record of lands adjoining
the permit boundaries. for a modification of a mining
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 the application, and in making its
determination, the Department shall give full consideration to
all comments submitted at the public hearing. The public hearing
shall be held within 60 days of the end of the 30-day period
within which any requests for the public hearing shall be made."
Section 3. This act becomes effective 1 October 2000.
In the General Assembly read three times and ratified
this the 4th day of July, 2000.
s/ Marc Basnight President
Pro Tempore of the Senate
s/ Joe Hackney
Speaker Pro Tempore of the House of
Representatives
s/ James B. Hunt, Jr.
Governor
Approved 8:38 a.m. this 14th day of July, 2000