Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
completed application for the mining permit shall include information
concerning the mining operation and a reclamation plan for the restoration of
all affected land. Information required concerning the mining operation shall
include:
(1) materials to be mined;
(2) method of mining;
(3) expected depth of mine;
(4) size of the mine, including:
(A) acreage for tailings ponds,
(B) acreage for stockpiles,
(C) acreage for waste piles,
(D) acreage for processing plants,
(E) acreage for mine excavation,
(F) acreage for annual disturbance;
(5) anticipated effect on
wildlife, freshwater, estuarine or marine fisheries;
(6) whether or not the operation will have a
waste water discharge or air contaminant emission which will require a permit
from the division of environmental management;
(7) method to prevent physical hazard to any
neighboring dwelling house, school, church, hospital, commercial or industrial
building, or public road if the mining excavation will come within 300 feet
thereof;
(8) measures to be taken
to insure against landslides and acid water pollution;
(9) measures to be taken to minimize
siltation of streams, lakes, or adjacent properties during the mining
operation;
(10) measures to be
taken to screen the operation from public view.
(b) Information required in the reclamation
plan shall include:
(1) intended plan for
overall mine reclamation, subsequent land use and the general methods to be
used in reclaiming;
(2) intended
practices to be taken to protect adjacent surface resources;
(3) intended methods to prevent or eliminate
conditions hazardous to animal or fish life in or adjacent to the affected
areas;
(4) intended methods of
rehabilitation of settling ponds;
(5) intended methods of restoration or
establishment of stream channels and stream beds to a condition minimizing
erosion, siltation and other pollution;
(6) intended measures to stabilize
slopes;
(7) intended measures to
provide for safety to persons and adjoining property in excavation in
rock;
(8) intended measures of
disposal of mining refuse and control of contaminants;
(9) provisions to prevent collection of
noxious, odious or foul water in mined areas;
(10) plan for revegetation and reforestation
or other surface treatment of the affected areas which plan must be approved in
writing by one of the following prior to submission of the application:
(A) Authorized representatives of the local
soil and water conservation district having jurisdiction over lands in
question;
(B) Authorized
representatives of the division of forest resources, Department of Environment,
Health, and Natural Resources;
(C)
County agricultural extension chairmen or research and extension personnel
headquartered at North Carolina State University in the school of agriculture
and life sciences;
(D) North
Carolina licensed landscape architects;
(E) Private consulting foresters referred by
the division of forest resources, Department of Environment, Health, and
Natural Resources;
(F) Others as
may be approved by the department; Provided that areas expected to be in use
beyond the maximum permissible permit period, such as processing plants or
stockpiles, do not require a specific revegetation plan;
(11) time schedule of reclamation that
provides that reclamation activities be conducted simultaneously with mining
operations whenever feasible and in any event be initiated at the earliest
practicable time after completion or termination of mining on any segment and
completed within two years.
(c) In addition to the application form, the
operator shall also submit two copies of a county map showing the mine location
and two copies of a mine map. Mine maps should be accurate drawings, aerial
photographs or enlarged topographic maps of the mine area and must clearly show
the following:
(1) property lines or affected
area of mining operation;
(2)
outline of pits;
(3) outline of
stockpile areas;
(4) outline of
overburden disposal areas;
(5)
location of processing plants (Processing plants may be described as to
location and distance from mine if sufficiently far removed.);
(6) location and name of streams and
lakes;
(7) outline of settling
ponds;
(8) location of access
roads;
(9) map legend:
(A) name of company,
(B) name of mine,
(C) north arrow,
(D) county,
(E) scale,
(F) date prepared,
(G) name and title of person preparing map;
and
(10) names of owners
of record, both public and private, of all adjoining land.
The mine maps should be correlated with the reclamation plan.
The approximate areas to be mined during the life of the permit should be
clearly marked.
If reclamation is to be accomplished concurrently with
mining, then show segments that are to be mined and reclaimed during each year
of the permit.
Add drawings showing typical sections or cross sections and
layout of proposed reclamation where such drawings will assist in describing
reclamation.
(d)
An application for a mining permit shall include:
(1) The name and address of all known owners,
both private and public of all land adjoining the proposed mining site as
determined by a diligent search of the tax records or other sources of
information about property ownership in a manner reasonable calculated to
identify the owners of all adjoining land and approved by the department. The
proposed mining site means all land to be included within the proposed
permitted area;
(2) The name of the
chief administrative officer of the county or municipality in which the
proposed mining site is located together with the officer's mailing address;
and
(3) Proof satisfactory to the
department that the applicant has made a reasonable effort to notify all owners
of record of all adjoining land and the chief administrative officer of the
county or municipality of the pending application. Proof satisfactory to the
department shall include an affidavit by the applicant that he has caused a
notice of the pending application to be sent by certified or registered mail to
all known adjoining owners and to the chief administrative officer of the
county or municipality. Other means of notice shall be satisfactory if approved
in advance by the department.
Authority
G.S.
74-63;
74-51;
74-53;
Eff. February
1, 1976;
Amended Eff. April 1, 1990; May 1, 1982; September 1,
1979; January 31, 1979.
